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HomeMy WebLinkAboutCS 56-06 III "\ ,"' lbiJ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 56-06 Date: September 25, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Points of Sale Agreement for Durham Region Transit Fares Recommendation:' 1. It is recommended that Report CS 56-06 of the Director, Corporate Services & Treasurer be received for information; 2. That the Mayor and Clerk be authorized to execute a Point of Sale Agreement with the Durham Region Transit Commission (DRTC) in a form substantially as attached and acceptable to the Director, Corporate Services & Treasurer and the City Solicitor; 3. That the Director, Corporate Services & Treasurer be authorized to make any changes necessary to effect the foregoing; and, 4. That the appropriate staff at the City of Pickering be given authority to give effect thereto. Executive Summary: The Region of Durham has requested that the selling of transit fares be formalized through an agreement between the City of Pickering and the Durham Region Transit Commission (DRTC). Financial Implications: The Region will not be compensating any of the municipalities for providing this service. There are no identifiable direct financial costs to the City other than staff time involved in selling tickets, accounting for receipts and paying the Region. Report CS 56-06 September 25, 2006 16i Subject: Points of Sale Agreement for Durham Region Transit Fares Page 2 Background: Since January 1, 2006 the City of Pickering has undertaken to offer transit fares for sale at various locations on behalf of the Region of Durham, unchanged from when the City was responsible for it's own transit system. Proceeds have been remitted to the Region of Durham monthly. This agreement formalizes the process. Attachments: 1. Durham Region Transit Commission and City of Pickering Transit Fare Agreement Prepared I Approved I Endorsed By: .~~:J. Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering C"ty Council /' d 1. 6 ~ THIS TRANSIT FARE AGREEMENT made this day of 2006. BET WEE N: Durham Region Transit Commission (the "DRTC") OF THE FIRST PART - and - The City of Pickering (the "CITY") OF THE SECOND PART WHEREAS the DRTC operates a regional public transit system within the Region of Durham known as Durham Region Transit ("DRT"); AND WHEREAS the DRTC wishes to engage the services of the City of Pickering for the sale of fare media in connection with travel on DRT vehicles; NOW THEREFORE the parties hereby agree as follows: 1. In this Agreement, "fare media" means tickets and passes entitling the holder to travel on DRT and includes adult monthly passes, student monthly passes, senior monthly passes, and such other tickets and or passes as may be issued by the DRTC from time to time. 2. The DRTC hereby appoints the City of Pickering as its agent for the purpose of selling fare media, and the City of Pickering hereby acknowledges and agrees to act in that capacity for that purpose. 3. The City of Pickering agrees to purchase fare media only from, and to return unsold fare media only to, an authorized representative of the DRTC. The DRTC agrees to pay to the City of Pickering a nominal annual fee in the sum of ONE DOLLAR ($1.00) for the services herein provided. 4. The DRTC shall reimburse the City of Pickering for any service fees imposed by credit card companies which it incurs on behalf of the DRTC as a result of the sale of fare media. 5. The DRTC shall invoice the City of Pickering monthly for all fare media delivered to it during the immediately preceding month, net of any unsold fare media returned to the DRTC. The City/Town/Township/Municipality shall pay all invoices upon receipt. .. 6 .~ 1 .} 6. The City of Pickering shall sell fare media only at the price established by the DRTC, from time to time, and shall not deviate from this price by charging a premium, offering discounts, or selling as part of a larger marketing scheme. No P.S.T. or G.S.T. shall be charged on any fare media. 7. In the event that the DRTC changes the price of the fare media, the City of Pickering shall immediately return all outdated tickets to the DRTC's authorized representative for a refund on the subsequent months invoice. 8. The City of Pickering shall ensure that sufficient quantities of all fare media are on hand at all times to meet public demand. The City of Pickering shall provide no less than 24 hours notice to the DRTC for delivery of additional fare media. 9. The City of Pickering agrees that it shall be fully responsible for the fare media upon delivery and all lost, stolen, destroyed or missing passes or tickets shall be the sole responsibility of the City of Pickering. 10. The DRTC shall establish delivery dates for the fare media in consultation with the City of Pickering. 11. The City of Pickering shall prominently display DRT fare media signage and distribute DRT guides at all sales locations. 12. The City of Pickering shall not assign this Agreement without the consent of the DRTC. 13. The DRTC may terminate this Agreement forthwith should the City of Pickering fail to comply with any term hereof. 14. The DRTC may terminate this Agreement for any reason upon sixty (60) days' written notice to the City of Pickering. 15. The City of Pickering may terminate this Agreement for any reason upon thirty (30) days' written notice to the DRTC. 16. (a) The City of Pickering shall defend and save harmless and fully indemnify the DRTC from and against all claims and demands against it arising in any way from the sale of fare media by the City of Pickering pursuant to this Agreement, including any bodily injury or property damage arising from the services provided under this Agreement. (b) The DRTC shall defend and save harmless and fully indemnify the City of Pickering from and against all claims and demands against it arising in any way from the operation of the regional public transit system by the DRTC pursuant to this Agreement, including any bodily injury or property damage arising from the services provided under this Agreement. 17. Any notice required by this Agreement shall be delivered as follows: 16'. To the DRTC: DRTC P.O. Box 623 605 Rossland Rd East, 5th Floor Whitby, Ontario L 1 N 6A3 Attention: Mr. Neil Killens, Deputy General Manager, Support Services To City of Pickering: The City of Pickering One The Esplanade Pickering, Ontario L 1 V 6K7 Attention: Mr. Gillis A. Paterson, Director, Corporate Services & Treasurer IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested to by their proper signing officers in that behalf. SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) DURHAM REGION TRANSIT COMMISSION Per: Roger Anderson, Chair Regional Municipality of Durham Per: P.M Madill, Regional Clerk Regional Municipality of Durham Per: David Ryan, Mayor The City of Pickering Per: Debi Bentley, City Clerk The City of Pickering