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HomeMy WebLinkAboutBy-law 5143/97REPEALED BY REPEALS . AMENDED BY ~ , AMENDS DISPOSITION COarOaA ON OV TOWS OV Berg a by-ia~ ~o ~thodze the execution oFan be~een the Co~oration of the To~ of Pickerin8 ~d the Co~oration of the To~ of Aj~ to relocate the Picketing S~i&~ Se~s to the Aj~ Tr~sit fac~ty. ~AS Picke~g Coun~ ~ pre~ously approv~ by Resolution ~376/96 to relocate the Pick~8 Tr~t Sp~i~d Se~s o-~ration to Aj~ Tr~sit facilities subject to staff bom both mu~cip~ties a~eeing to the operating, veificle maintenance, and ad~strative conditions ~sociat~ ~th coordinating the two municipal Handi-Transit Systems; NOW ~FO~, The Council of the Co~oration of the Town of Picketing Hereby Ena~s ~ Follows: Tho Mayor ~d Clerk ~e hereby authorized to execute the agreement between the Co~oration of the To~ of Pickefing and the Co~oration of the Town of ~ in the fo~ attached hereto. By-law read a First, Second and Third time and finally PASSED this 17th day of November, 1997. Wayne Arthurs, Mayor Bruce Taylor, Clerk T~IS AGP~NT made this day of 1997. BETWeeN, THE CORPORATION OF THE TOWN OF AJAX (hereinafter called "Ajax" ) OF THE FIRST PART, - and- THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called "Pickering") OF THE SECOND PART. WHEREAS Pickering wishes to relocate the Pickering Transit Specialized Services to the Ajax Transit Facility (hereinafter called the "Facility"); AND WHEREAS Ajax has agreed to the said relocation; NOW THEREFORE in consideration of the premises, covenants and agreements contained herein, the parties hereto agree as follows: 1.0 TERM 1.1 Subject to the terms of this Agreement Ajax grants to Pickering the right to relocate, maintain and operate the Pickering Transit Specialized Services from the Facility for a term of five (5) years commencing January !, 1997 and ending on December 31, 2001. 1.2 Either party may terminate this Agreement at any time upon one hundred and eighty (180) days written notice to the other party. 2.0 PICKERING OBLIC~ATION 2.1 Picketing shall be responsible for the day to day operation of the Pickering Specialized Transit Services and shall; (a) indemnify and save harmless, Ajax, from loss, damage, expense and all claims arising by reason of or in connection with the operation of the Pickering Specialized Transit Services out of the Facility; (b) supervise the Pickering employees and ensure that the Picketing employees abide by the reasonable rules and regulations established by Ajax, from time to time, for 2 the Facility provided that such rules and regulations do not conflict with the collective agreement entered into between Pickering and C.U.P.E. Local 129, or with any Council approved operating policies of Pickering. Pickering shall advise Ajax if any of such rules and regulations are in conflict with the collective agreement relating to the Pickering Specialized Transit Service employees and the Parties agree to resolve such conflicts; (c) carry public liability and property damage insurance in an amount nog less than Five Million Dollars ($5,000,000.00); (d) pay the fees and costs for the services provided by Ajax in accordance with Article Four of this Agreement; (e) only allow licensed and trained drivers to operate the vehicles used in providing the Pickering Specialized Transit Services. 3.0 AJAX OBLIC, ATION 3.1 Ajax shall; (a) provide office space in the Facility to the satisfaction of Picketing for the purpose of a dispatcher; (b) provide indoor storage space in the Facf~ity for the Pickering Specialized Transit Services vehicles; (c) carry out safety certification scheduled maintenance including subcontracting vehicle repairs, running repairs and cleaning of Pickering Specialized Transit Services vehicles in accordance with Schedule A attached hereto; (d) allow only licensed and trained persons to carry out maintenance and repairs to the Picketing Specialized Transit Services vehicles; (e) obtain the consent of Picketing prior to carrying out any major repairs to the Pickering Specialized Transit Services vehicles or any repairs that may require subcontracting by Ajax; 3 (f) provide all parts, lubricants and fuel necessary for maintenance, repair servicing, and operation of the Pickering Specialized Transit Services vehicles; (g) provide general administrative services for the Pickering dispatcher while in the Facility including facsimile machine, photocopier and other similar equipment; (h) process the Pickering Specialized Transit Services fare revenue and report weekly to Pickering with respect to the fare revenue processed. The fare revenue report will indicate all revenue received on a weekly basis for all Pickering vehicles and the report will be attached as a schedule to all invoices submitted by Ajax to Pickering for payment; (i) upon the prior written approval of Pickering's Manager of Transportation, provide training, from time to time, for Pickering Specialized Transit Services employees in the area of safety and customer service subject to mutual agreement on the fee to be paid by Pickering to Ajax for such training; and (j) maintain the Facility in good working order. 3.2 It is hereby agreed by the parties that the maintenance of the Pickering Specialized Transit Services vehicles shall be generally in accordance with the requirements set out in Schedule "A" attached hereto. 3.3 At the date of this Agreement the Pickering Specialized Transit Services veh].cles are those set out in Schedule "B" attached hereto. 3.4 It is understood and agreed ~hat Ajax has no control or authority over any Pickering employee and is in no way whatsoever an employer of any Pickering employee. 4.0 FEES AND COSTS 4.1 For the services provided by Ajax pursuant to this Agreement (hereinafter .collectively called the "Purchased Services") Pickering shall pay Ajax as follows: 4 (a) Five Hundred Dollars ($500.00) per month on account of the office space and vehicle storage; (b) Cost plus five per cent (5%) for all fuel, parts, lubricants and subcontracted vehicle repairs.supplied by or on behalf of Ajax to Picketing Specialized Transit Services vehicles; (c) Fifteen Dollars ($15.00) per clean of each Pickering Specialized Transit Services vehicle it being understood that the Pickering Specialized Transit Services vehicles will be cleaned as may be reasonably required; (d) Forty-Five Dollars ($45.00) per hour for labour costs associated with the maintenance, repair and servicing (other than cleaning of the vehicle) of the Pickering Specialized Transit vehicles by Ajax; (e) an administration charge equal to eight per cent (8%) of the sums payable in subparagraphs (a) to (d) of this paragraph 4.1; and (f) any Goods and Services Tax (GST) imposed under the Excise Tax Act (Canada) and any Retail Sales Tax (PST) imposed under the Retail Sales Tax Act (Ontario) and any other sales taxes imposed on Ajax with respect to the Purchased Services. 4.2 Each month Ajax shall deliver an invoice to Pickering for the Purchased Services supplied by Ajax in the previous month. The report shall include an itemized breakdown of the services performed, and the cost of s~pplies provided including all GST, PST and administrative charges. Ajax agrees to deliver to Pickering, upon request, such other records as may reasonably be required by Pickering in connectio~ with any such invoice. Ajax shall credit any fare revenue collected for the Pickering Specialized Transit Services by Ajax against the costs of the Purchased Services. 4.3 Picketing shall pay any amounts owing to Ajax within ~ ~ days of its receipt by Picketing of the invoice. 5 Invoices shall be submitted monthly to Pickering's Manager of Transportation. 4.4 The fee and costs for the Purchased Services may be adjusted annually by Ajax provided Ajax gives notice to Pickering on or before October 31 of the preceding year of the annual adjustments for the following year and provided Pickering agrees to such adjustments in writin~ prior to December 1 of the preceding year. In the event that the parties are not in agreement as to the adjustmant, the fee shall continue for six (6) months thereafter at the existing rate and this Agreement shall be then terminated as of June 30 of such year. 5.0 CO-ORDINATED SERVICE 5.1 Ajax and Pickering agree to cooperate in the co-ordination of service provided to handi-transit users. Such co-ordination may include the delivery of service by either party; (a) within the Tom% of Ajax or Town of Picketing (the "Local Service"); (b) cross bouDdary between the Town of Ajax and the Town of Pickering (the "Cross Boundary Service"); or (c) within the Region of Durham or the City of Scarborough (the "Regional Service"). 5.2 The parties ~gree to maintain a record of the delivery of service, referred to in paragraph 5.1 and, to the extent possible, equalize the type of service referred to in subparagraphs (a), (b) and (c) on a t~ip by trip basis. 5.3 The parties acknowledge that Ajax is in the process of establishin9 a computerized trip reservation program referred to as the "Trapeze Q.V." Following the introduction of the said program for use by Ajax, Ajax and Pickering agree to co- ordinate their handi-transit trip reservation, scheduling and dispatching in accordance with the said program subject to the mutual agreement of the Parties on the fee to be paid by Ajax and Pickering for such co-ordination. Any fee payable shall be payable in accordance with Article Four of this Agreement 6 S.4 The parties agree to allow each other to use the other party's handi-transit vehicles from time to time provided that such use is equalized, to the extent possible, on a per vehicle kilometre basks. Ajax and Pickerinq agree that only licensed and trained drivers shall be permitted to operate handi- ~ vehicles. It is understood and agreed that the use of a party's handi-transit vehicle by the other party shall be solely for the purposes of the Specialized Services to be provided by the other party. 5.5 Ajax agrees to indemnify and save harmless, Pickering, from any loss, damage, expense and all claims arising by reason of or in connection with the operation of a Pickering handi- transit vehicle by an Ajax employee. Pickerinq aqrees to indemnify and sav~ b~rmlgss, ~jax~ from any loss, damaqe~ 9~pen@~ and all q~a%~ arisinq ~¥ r~ason of Qr in connection with the operation 9~ an Aj~ handi-transit vehicle by an Pickerin~ emDlovee~ 6.0 DISPUTE RE~OL~TION 6.1 The parties will endeavour to resolve any difference between them on any matter ~n this Agreement by negotiation between themselves and, unless there is an emergency, neither party will initiate any other procedure until negotiations have exhausted all reasonable possibilities of resolution. 6.2 Whether the negotiations are conducted between themselves the parties may obtain the assistance of a mediator they select, the cost of such mediator shall be shared equally between them. 6.3 If negotiations are conducted with the assistance of a mediator and no agreement is reached, the mediator will disclose only this fact and m~ke no report unless otherwise directed by both parties. 6.4 The parties agree that no evidence of anything said or of any admission or communication made in the course of the negotiations or mediation will be admissible in any legal p~oceeding, except with the consent of both parties. 7 6.5 In the event any difference cannot be resolved (save and except for Article 4.4 of this Agreement) such difference shall be referred to arbitration pursuant to the Arbitration Act (Ontario). 7.0 GB~g~RAL PROVISION8 7.1 This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and permitted assigns. 7.2 This Agreement shall not be assigned by either party hereto without the express written approval of the other party. 7.3 This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario. 7.4 All notices, claims and communications required or permitted to be given hereunder shall be in writing and shall be sufficiently given if delivered to a responsible office of the party hereto to whom it is addressed or mailed by prepaid, registered mail to Pickering at: The Corporation of the Town of Pickering 1 The Esplanade Picketing, Ontario LIV 6K7 Attention: The Manager of Transportation and to Ajax at: The Corporation of the Town of Ajax 65 Harwood Avenue South Ajax, Ontario LiS 2H9 Attention: The Clerk and, if mailed, shall be deemed to have been received two (2) days following the date of such mailing. 7.5 Any failure by either party at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms and Conditions of this Agreement shall not constitute a waiver of any such terms and conditions and shall not affect or impair in any way such terms or conditions or the right of such party to avail itself at any time of such remedies as it may have for any breach or breaches of such terms and conditions. 8 7.6 The paragraph headings herein have been inserted for convenience of reference only and do not form part of this Agreement and shall not be referred to in the interpretation thereof. 7.7 The parties acknowledge that this Agreement shall not be construed ao constitute a partnership, joint venture or agency between them and neither shall have the right to incur obligations on behalf of the other. 7.8 All terms and conditions in this Agreement are separate and distinct and are severable from one another and the invalidity of any term or condition shall be deemed not to affect the validity of the remaining terms and conditions. IN WITN~.-SS WHEREOF the Parties hereto have executed this Agreement as of the day above written. TH~ CORPORATION OF THE TOWN OF AJAX Mayor Clerk TH~ CORPORATION OF THE tOWN OF PICKERING Executive Director of Operations Clerk WE HAVE AUTHORITY TO BiND THE CORPORATION. The [ollowing items shall be part o[ the regular maintenance program. 1. Wash vehicle exterior daily if required. 2. Sweep and clean vehicle interior daily. 3. Wash vehicle interior weekly. 4. Interior thoroughly hand cleaned and sanitized monthly. 5. Inspect interior for damage daily. 6. Replace damaged seat liners immediately. 7. Replace any burned out lights immediately. 8. Inspect vehicle at start of each shift and report and repair damage of deficiency noted immediately (subject to article 3.1(e) of the Agreement). TIR~B Ajax shall regularly check tires of all vehicles. Regrooving and retreading of tires shall be undertaken in accordance with manufacturer's specifications. No vehicle shall be operated with tires worn to the extent that less than three thirty-seconds of tread remains. Tires which have reach