HomeMy WebLinkAboutBy-law 2057/85THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2057/85
Being a by-law to authorize the execution of an
agreement with DCC Environmental Services
(Ajax-Picketing Recycle) to provide for the
collection of recyclable newspaper refuse (April,
1985/April, 1986)
WHEREAS, pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O.
1980, chapter 302, a by-law may be passed by the council of a local municipality for,
inter alia contracting with any person for the purpose of collection and removal by
him of refuse upon such terms and conditions that may be considered expedient;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an agreement in the
form attached hereto as Schedule A between the Corporation of The Town of
Picketing and DCC Environmental Services operating as Ajax-Picketing Recycle
for the collection and removal of recyclab]e newspaper re£use from residential
premises within the Town's sanitation area during the period April 5, 1985 to
April 4, 1986, inclusive.
BY-LAW read a first, second and third time and finally passed this 2nd day of July,
1985.
Bruce Taylor, Clerl~
TOWN OF
TO FO,- M
LELY:',:_ S.':'P'F.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 2057 /85
Being a by-law to authorize the execution of an
agreement with DCC Environmental Services
(Ajax-Pickering Recycle) to provide for the
collection of recyclahle newspaper refuse (April,
1985/April, 1986)
WHEREAS, pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O.
1980, chapter 302, a by-law may be passed by the council of a local municipality for,
inter alia contracting with any person for the purpose of collection and removal by
him of refuse upon such terms and conditions that may be considered expedient;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an agreement in the
form attached hereto as Schedule A between the Corporation of The Town of
Picketing and DCC Environmental Services operating as Ajax-Picketing Recycle
for the collection and removal of recyclable newspaper refuse from residential
premises within the Town's sanitation area during the period April 5, 1985 to
April 4, 1986, inclusive.
BY-LAW read a first, second and third time and finally passed this 2nd day of July,
1985.
/,JoHn E. Ander~0n,'l~a~r-
~ 'Brt/c~ Taylor, CleFl~
AP?i 9";a9
[ L[(~At.. DEP¥.
Schedule A to By-law 2057/85
THIS AGREEMENT made July 2nd, 1985.
BETWEEN :
THE CORPORATION OF THE TOWN OF PICKERING
herein referred to as the "Town",
OF THE FIRST PART,
- and -
DCG ENVIRONMENTAL SERVICES
operating as AJAX-PICKERING RECYCLE,
herein referred to as "DCC",
OF THE SECOND PART,
- and -
DURHAM RECYCLING CENTRE
herein referred to as I'DRC"
OF THE THIRD PART.
WHEREAS DCC and DRC have requested that the Town contract with them for the
collection and removal by DCC of recyclable newspaper refuse upon certain terms and
conditions;
NOW THEREFORE this Agreement witnesses that, in consideration of the sum of $2.00
paid by each Party to the other, receipt of which by each is hereby acknowledged,
and of the permissions, terms and conditions herein contained, the Parties hereto
agree as follows:
The Town hereby permits DCC to collect and remove recyclable newspaper
refuse from residential premises located within the boundaries of the Town's
Sanitation Area, as defined by By-law 29/74, or any part thereof approved by
the Town's Director of Public Works, herein referred to as the "Director".
- 2 -
DCC shall issue notices to the public, satisfactory to the Director in form,
content and frequency, regarding the purpose, method, routing and scheduling
of the collection and removal.
Despite any provision herein, the Town, its agents, employees and contractors,
shall have the right to collect and remove recyclable newspaper refuse should
(a)
DCC fail to do so in accordance with this Agreement or any notice issued
under section 2, above, or
(b) DCC cease or fail to comply with any of the provisions of this Agreement,
and DCC shall have no claim to such refuse.
At any time during the term hereof except after a notice of termination has
been given, DCC shall have the right to establish and maintain, subject to the
direction and approval of the Director, a pilot project for the collection and
removal of other recyclable material, and the provisions of this Agreement shall
apply thereto.
(1)
DCC shall indemnify, protect, and save harmless the Town from any and
all loss that the Town may suffer as a result of any negligent act or
omission on the part of DCC, its agents, employees or contractors, or by
reason of its or their failure to collect the refuse pursuant to this Agree-
ment.
DCC shall provide and maintain $2.000,000 public liability and property
damage insurance protecting the Town and all its respective officers,
servants, employees, and agents from loss, damage, liens, demands,
costs, or other charges for damage to property or injury, including
death, to any person or persons arising directly or indirectly out of or
attributable to the discharge by DCC or any of its employees, agents, or
contractors of any of its duties hereunder~ DCC shall provide to the
Town a certified copy of the insurance policy upon the execution of this
Agreement.
DCC shall obtain, and maintain during the term hereof,
(a) workers' compensation coverage for its employees, and
(b) all environmental approvals required by any governmental agency for the
collection, removal and disposal of the refuse,
and shall provide evidence thereof to the Town if requested by the Director.
The term of this Agreement shall be a period of twelve months only, commenc-
ing as of April 5th, 1985 and expiring April 4th, 1986; each party has the
right to terminate the Agreement for any reason whatsoever at any time prior to
expiry, by giving sixty days notice in writing to the other.
(1)
DCC may assign its rights herein to DRC for the period July 16th, 1985
to April 4th, 1986, or any portion thereof, by giving ten days notice in
writing to the Town.
(2) Any notice given under subsection (1), above, must be signed by both
DCC and DRC to be valid.
(3) Upon the giving of valid notice under subsections (1) and (2), above,
DRG shall assume all of the rights and obligations of DCC herein except
DCC's obligations under section 5 for the period from April 5th, 1985 to
the effective date of the assignment.
- 3 -
Any notice required to be given hereunder may be given by prepaid mail, in
the case of the Town, to:
The Director of Public Works
Town of Picketing
1710 Kingston Road
Picketing, Ontario L1V 1C7
in the case of DCC, to:
Ajax-Picketing Recycle
Durham Conservation Centre
General Delivery
Brougham, Ontario L0H lA0
and in the case of DRC, to:
Durham Recycling Centre
79 Wilson Street South
Oshawa, Ontario L1H 6B8
and shall be deemed to be given on the third day after the date of mailing.
IN WITNESS WHEREOF the Town and DCC have hereunto affixed their respective
corporate seals attested by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE COR/~ORATION OF THE TOWN OF PICKERING
7 °t~n E. And'~ofi;- Mayor- ~ ~'~
Bruce Taylor, Clerk
DCC ENVIRONMENTAL SERVICES
DURHAM RECYCLING CENTRE