HomeMy WebLinkAboutBy-law 5862/01THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5862/01
Being a by-law to authorize the execution of an
Amending Agreement between the Corporation of
the City of Picketing and the Corporation of the
Town of Ajax to relocate Piekering Conventional
transit vehicles to the Ajax facility.
WHEREAS Ajax and Picketing have previously entered into an agreement, dated January 20,
1997 establishing the terms and conditions for the relocation of Specialized Services to the Ajax
Transit facility;
AND WHEREAS Ajax and Pickering have agreed to a Memorandum of Understanding that will
facilitate the creation of the Ajax Piekering Transit Authority under the Municipal Act;
AND WHEREAS Ajax and Pickering wish to enter into an Amending Agreement to provide for
the relocation of approximately one-half of the Picketing Transit Conventional Transit fleet, to the
Ajax Transit facility;
AND WHEREAS Ajax and Picketing wish the Amending Agreement to remain in effect during
the interim period until the execution of the final Transit Merger Agreement;
NOW THEREFORE, the Corporation of the City of Pickering HEREBY ENACTS AS
FOLLOWS:
That the Mayor and Clerk are hereby authorized to execute the Amending Agreement
between the Corporation of the City of Picketing and the Corporation of the Town of
Ajax as set in "Attachment #2" attached hereto.
BY-LAW read a first, second and third time and finally passed this 25 day of June 2001.
Tins AMENDING AGREEMENT made this
BETWEEN:
day of ,2001.
Tmr~ CORPORATION OF THE TOWN OF AJAX
(hereina_Rer called "Ajax")
, O~'I~IE FIRST PART,
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter called "Pickering")
OF THE SECOND PART:
WHEREAS Ajax and Picketing have previously entered into an agreement dated
January 20, 1997 (the "Original Agreement") establishing terms and conditions for the
relocation of Specialized Services to the Ajax TranSit facility deemed as the Facility in
the 'Original Agreement;
AND wmr~REAS Ajax and Picketing wish to enter into this agreement (the "Amending
Agreement") to provide for the relocation of approximately one-half of the Picketing
Transit Conventional Transit fleet (the "PCF") to the Facility;
AND WHEREAS Ajax and Pickering have agreed to the Memorandum of
Understanding that will facilitate the creation of the Ajax Picketing Travsit Authority
under the MunicipalAct;
AND WHEREAS Ajax and Picketing wish to amend, the terms and conditions of the
Original Agreement dated january 20, 1997 to include one'half °fthe PCF at the Facility;
NoW THEREFORE in consideration of the premises, covenants and agreements
contained herein the parties hereto agree as follows:
1.0 GENERAL
1.1
I.'2
The definitions in the Odginal Agreement shall apply to ~is Amending
Agreement.
Except as amended by this Amending Agreement all other terms and provisions
of the Original Agreement shall remain the same.
2
1.3
In this Amending Agreement and the original Agreement "Pickering Transit
Services" shall inclUd'e the Pickering Transit Specialized Services and the
Picketing Transit Conventional Service.
2.0 RELOCATION
2.1
Subject to the terms of this Amending Agreement and the Original Agreement
Ajax grant~ to Pickering the fight to relocate, maintain and operate the PCF from
the Facility during the term of the Ori~nal Agreement.
2.2
The vehicles of the PCF to be relocated to the Facility are those Vehicles set out in
Schedule "A" attached hereto. Changes to the Vehicles listed in Schedule "A"
may be made without the need to amend Schedule "A" or this Amending
Agreement.
3.1
Paragraph 1.1 of the Original Agreement is nmended to extend the term to six
years ending on December 31, 2002.
4.0 PICKERING OBLIGATION.
4.1 Paragraph 2.1 of the Original Agreement is amended as follows:
(a)
by deleting the words "Picketing Specialized Transit Services" and
substitufng therefore "Picketing Transit Services".
(b)
by deleting subparagraph (c) and substituting therefore the following:
"(c) (i) main~in owned Automobile Insurance Coverage in an amount of
nOt less than Five Million Dollars ($5,000,000.00) against liability for
bodily injury and property damage.caused.by vehicles owned by Picketing
and used in connection with the Transit Services of Picketing and all such
insurance policies required of Picketing shall contain a provision requiring
the insurer to notify Ajax not less than 30 days prior to any material
change, cancellation or termination;
(c) (ii) immediately upOn execution of this Amending Agreement and
annually within 30 days of the renewable date of. the policy, deposit with
Ajax either copies of the liability and vehicle insurance policies as
required by this Amending Agreement or certificates of the said insurance
policies."
By adding the following:
Picketing shall provide services and mechanical staff at the
Facility to support the repair and servicing requirements of the
PCF vehicles."
5.0 AJAX OBLIGATION
5.1 Paragraph 3.1 of the Ori~nal Agreement is amended as follows:
(a)
by deleting the words "Piekering Specialized Transit Services" in
subparagraphs (c), (d), (e), (f) and (i) and substituting therefore the words
"Picketing Transit Services";
by adding subparagraph (k) as follows:
Immediately upon execution of this Amending Agreement and
_annUally within 30 days of the renewable date of the policy,
deposit with Picketing copies of the Garage Auto Policy or
certificates of the said insurance policies."
5.2
Paragraph 3.4 of the Original Agreement is hereby deleted and the following
substituted therefore: ,
It is agreed and understood that Ajax will oversee the work of Picketing
service' persons and mechanics while working at the Facility. Any matters
pertaining to employment with Picketing or contractual obligations
asgo¢iated with membership in CUPE Local 129 be promptly referred to
Picketing management staff for investigation and/or resolution. Ajax shall
have no obligation for or supervisory control or authority over any
Picketing employee and is in no way whatsoever an employer of any
Picketing employee."
6.0 FlgF.~ AND COSTS
6.1
Section 4.0 is amended by deleting paragraph 4.1 and substituting therefore the
following:
For the services provided by Ajax pursuant to this Agreement (hereinafter
collectively called the "Purchased Services") Pickering shall pay. Ajax as
follows:
(a)
(b) (i)
Five Hundred Dollars ($500.00) per month on account of the
office space and vehicle storage;
Cost plus five per cent (5%) for all fuel, parts, lubricants and
subcontracted vehicle repairs supplied by or on behalf of Ajax to
Pickering Specialized Transit Services vehicles;
(ii) Cost 'for all fuel, parts, lubricants and subcontracted vehicle
repairs supplied by or on behalf of Ajax to PCF vehicles;
(c) ' Fifteen Dollars ($15.00) per clean of each Picketing Specialized
Transit Service vehicle, it being understood that the Pickering
Specialized Transit Services vehicles will be cleaned a~ may be
reasonably required. There shall be no charge for cleaning PCF
vehicles;
(d) (i) Fifty-five Dollars ($55.00) per hour for labour Costs associated
with the-maintenance, repair and servicing (other than cleaning of
the vehicle), of the Picketing Specialized Transit Serivce vehicles
by Ajax;
(ii) Fifty-five Dollars ($55.00) per hour for labour costs associated
with the maintenance, repair and servicing (other than cleaning of
the vehicle), of the PCF vehicles by Ajax;
(e) An administration charge equal to eight per cent (8%) of the
sums payable in subparagraphs (a), (b)(i), (c), (d)(i) of this
paragraph 4.1;
(f) A flat charge of One Thousand Five Hundred ($1,500.00) per
month for Ajax costs with respect to the Purchased Services
provided on PCF vehicles;
(g) Cost of Garage Automobile Insurance directly attributable to the
Purchased Services in a form acceptable to Pickering; and
(h) 'Any Goods and Services Tax (GST) imposed under the Excise
Tax Act (Canada) and 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.
7.0 CO-ORDINATED SERVICE
7.1
Paragraph 5.5 of the Original Agreement is amended by deleting the words
"handi-trans".
IN WITNESS WHEREOF the parties hereto have executed this Amending Agreement
as of the. day above written.
CORPORATION OF THE TOWN OF AJAX
Mayor
Clerk
TH~ CORPORATION OF THE CITY 01~
PICKERING
Mayor
Clerk