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HomeMy WebLinkAboutBy-law 2065/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2065 /85 Being a by-law to authorize the execution of an Agreement between the Toronto Area Transit Operating Authority and The Corporation of the Town of Picketing respecting GO Fare integration (1985-1990) WHEREAS, pursuant to the provisions of section 2]0.98 of the Municipal Act, R.S.O. 1980, chapter 302, a by-law may be passed by the council of a local municipality for the operation of public bus transportation system within a municipality, including the fixing of transportation fares and tolls and the making of regulations with respect to the operation and control of the system; NOW THEREFORE, the Council of The Corporation of the Town of Pickering 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 Toronto Area Transit Operat- ing Authority and The Corporation of the Town of Picketing respecting GO Fare integration (1985-1990). BY-LAW read a first, second and third time and finally passed this 6th day of August, 1985. h'~ E. An edison, Mayor ~/ Bruce Taylor ~/ Clerk ~ ~ SCHEDULE A THIS AGREEMENT made this 6th day of August, 1985. BETWEEN: TORONTO AREA TRANSIT OPERATING AUTHORITY, a corporation incorporated by Act of the Province of Ontario, hereinafter referred to as "GO Transit", OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Municipality" OF THE SECOND PART. WHEREAS, since it is in the public interest to provide integrated transit fares where a connection exists between a municipal transit service and GO Transit service, the Parties hereto wish to continue to provide integrated transit fares for the Municipal transit service and the GO Transit service; NOW THEREFORE, in consideration of the premises, covenants and agreements con- tained herein, the Parties hereto agree as follows: 1. DEFINITIONS In this Agreement, unless the context requires a different meaning, the word or words: (a) "GO Transit" means the Toronto Area Transit Operating Authority or any successor corporation or entity succeeding to the rights and powers now granted to the Toronto Area Transit Operating Authority pursuant to the Toronto Area Transit Operating Authority Act, R.S.O. 1980, chapter 505, as amended from time to time; (b) "GO Transit service" means the commuter tall transportation service op- erated for or by GO Transit; (c) "Municipality" means The Corporation of the Town of Pickering and its successors and permitted assigns; (d) "Municipal transit service" means the commuter bus transportation service operated for or by the Municipality, but does not include that part of the service known as "Ajax-Pickering Handi-Trans"; (e) "Ticket" means a GO Transit ticket or pass sold by GO Transit with "Pickerlng" marked thereon, valid for the transportation intended and in the form shown in Schedule A attached hereto; (£) (g) "Transfer" means a GO Transit transfer provided by GO Transit in the form shown in Schedule A hereto; "Regular Adult Fare" means the Municipality's adult cash fare charged for Municipal transit service or any new fare established by the Municipality as revised from time to time. 2. TERM The term of this Agreement shall be for five years commencing at 6:00 a.m., Eastern Daylight Saving Time, on June 1st, 1985 and expiring at 1:30 a.m., Eastern Daylight Saving Time, on June 1st, 1990, subject to the provisions of sections 11 and 12 hereof. 3. THE MUNICIPALITY'S OBLIGATIONS The Municipality shall: (a) Accept for transportation on its Municipal transit service any passenger presenting a Ticket. or a Transfer issued by GO Transit, and where such Ticket is intended for transportation on the GO Transit service, issue to the passenger a Transfer; (b) Keep such records as shall be necessary to provide GO Transit with timely and complete data with respect to passenger carryings and revenue collections as may be reasonably requested by GO Transit; (c) Use its best efforts to prevent fraud and maintain the integrity of the GO Transit ticketing system; (d) Cooperate with GO Transit or its agents or representatives in the inves- tigation of ticketing frauds or irregularities; (e) Distribute to its employees such forms and instructions as are necessary for the efficient operation of the fare integration program. 4. GO TRANSIT'S OBLIGATIONS GO Transit shall: (a) Supply and sell all Tickets and supply all Transfers required for trans- portation provided under this Agreement; (b) Pay to the Municipality within 30 days after the invoice is submitted to it the amount set out in the Municipality's monthly invoice prepared in accordance with section 5 hereof. PAYMENT (1) Monthly during the term of this Agreement and any extention thereof, the Municipality shall charge GO Transit a sum equal to the product obtained when 75% of the Regular Adult Fare is multiplied by the number of pas- sengers that presented a Ticket, or a Transfer issued by GO Transit, to the Municipality during that month. (2) The Municipality shall be entitled to charge passengers directly for a portion of the Regular Adult Fare for the Municipal transit service up to a maximum of 25% of such fare. - 2- 6. ADVERTISING OF FARE INTEGRATION PROGRAM (1) No advertising of the fare integration program shah be undertaken unless the form and nature of the advertising, and the cost thereof to each Party, are acceptable to and approved by representatives of both the Municipality and GO Transit. (2) All advertising costs shall be shared between the Parties equally. (3) Nothing in this section sha]l prevent either Party from advertising or promoting the fare integration program at its own expense. RECORDS (i) All records required to be kept by the Municipality under section 3(b) and other information relevant to the verification of charges under this Agreement shall be subject to examination and audit by GO Transit or its authorized representatives at reasonable times and places. (2) The Municipality shall retain those records for a period of three months, unless the Municipality requests GO Transit to approve the destruction of specific records on a more frequent basis, which approval shall not be unreasonably withheld. 8. LIABILITY (1) The Municipality's third party liability in connection with the fare inte- gration program described herein shall be limited to claims arising out of its operation of the Municipal transit service, and as regards claims arising out of its operation of that service, the Municipality will indemnify and save harmless GO Transit from and against any and all liability for causes of actions, loss, costs, damages or expenses of every kind and nature whatsoever. GO Transit's third party liability in connection with the fare integration program described herein shall be limited to claims arising out of its operation of GO Transit service, and as regards claims arising out of its operation of that service, GO Transit will indemnify and save harmless the Municipality from and against any and all liability for causes of actions, loss, costs, damages or expenses of every kind and nature whatsoever. 9. INSURANCE (1) During the term of this Agreement, the Municipality shall maintain in full force and effect Liability Insurance for Public Liability, Bodily Injury and Property Damage and Passenger Hazard on its vehicles acceptable to GO Transit. (2) Such insurance shall provide for coverage of not less than: Public Liability, Property Damage and Passenger ttazard of $4,000,000, (for any one occurrence or accident or series of occarrences or accidents arising out of one cause). (3) The Municipality shall arrange for the completion and submission of a Certificate of Liability Insurance which shall include the following pro- visions: (a) "It is understood and agreed that notice shall be given prior to changes, amendments or cancellation of the Policy to GO Transit, 555 Wilson Avenue, Downsview, Ontario, M3H 5Y6"; and -3- (b) "It is further understood and agreed that the Insurer indemnifies and saves harmless GO Transit from and against any and all liability arising out of the Insured's operation of the connection bus service". (4) The completed Certificate of Insurance, signed by an official of the insurer, must be lodged with GO Transit. 10. FORCE MAJEURE Neither Party hereto shall permit any interruption of service for interruptions caused by Acts of God, labour disputes beyond their control. save and except or other matters 11. TERMINATION Should GO Transit fail to perform its obligations herein with respect to payment to the Municipality or should the Municipality fail to perform any of its obliga- tions herein and such default continue after notice in writing of such default, the Party giving such notice may at its election give notice of its intention to terminate this Agreement and such termination shall become effective 60 days after the receipt of such notice by the Party in default. 12. EXTENSION OF AGREEMENT Should the Parties not make their intentions for extension, alteration or amend- ment known at least 60 days prior to the expiry of this Agreement or fail to reach agreement to extend, alter or amend this Agreement, the date for expiry of this Agreement is extended until 60 days after either Party gives written notice o{ its intention to terminate to the other Party. 13. COSTS ARISING OUT OF TERMINATION OR EXPIRY Upon termination or expiry of this Agreement, neither Party shall be under any obligation to share in any expense or cost incurred by the other Party by or arising out of such termination or expiry. 14. SCHEDULE A The attached Schedule A forms part of this Agreement and the Parties hereto agree that Schedule A may be amended, in whole or in part during the term of this Agreement upon mutual consent. 15. SUCCESSORS This Agreement shall be binding upon and enure to the benefit of the Parties hereto, their respective successors and permitted assigns. 16. RESTRICTION ON ASSIGNMENT This Agreement shall not be assigned by either Party hereto without the ex- press written approval of the other Party. 17. PROPER LAW This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario. - 4- 18. NOTICES All notices, claims and communications required or permitted to be given here- under shall be in writing and shall be sufficiently given if personally delivered to a responsible officer of the Party hereto to whom it is addressed or mailed by prepaid, registered mail to GO Transit at: 555 Wilson Avenue Downsview, Ontario M3H 5Y6 and to the Municipality at: 1710 Kingston Road Pickering, Ontario L1V 1C7 and, if so mailed, shall be deemed to have been received two days following the date of such mailing. 19. NON-WAIVER OF TERMS AND CONDITIONS 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 con- ditions 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. 20. IIEADINGS The section 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. IN WITNESS WHEREOF the Parties hereto have duly executed this Agreement by the hands of their duly authorized representatives in that behalf as of the day and year first above written. SIGNED, SEALED & DELIVERED TORONTO AREA TRANSIT OPERATING AUTHORITY Per: THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk - 5 - SCItEDULE A FORM OF "TICKET" (see section l(e)) ADULT SINGLE Wide Grey Band with the word Pickering pre-printed on it identifies a Pickering ticket % FARE (CHILD & SENIOR CITIZEN) Lnto Zone c021G01 MONTHLY PASS FOR T PERSONAL ~SE OF: NOT 8 _ I TO~ONTO , I/KE~IN5 UN Adult and Student Monthly Passes for Pickering are identified by the pre-printed word "Pickering" and "Zone 91" NOTE: STUDENT MONTHLY DIFFERENTIATED FROM ADULT MONTHLY BY COLOUR A-] SCHEDULE A FORM OF "TRANSFER" (see section l(f)) Front Back TRANSFER PICKERING-TO-GO SEE RFVERSE F, IDF ~ OR CONDITIONS Picketing Transit Tlr ,%Ii, iT D 00010 TO BE PROVIDED BY GO TRANSIT AND ISSUED BY MUNICIPALITY Blue and White transfer with the pre-printed words "Good for transfer from Pickering Transit to Picketing Rail Station only". CONDITIONS Front Back TO BE PROVIDED .~r~r~O~Tmn~tP. sAMPLE ,N~, ISSUED BY I GO TRANSIT ~,..--~ .~.~:: ~ ~ HAl l~ ,* ~ ~ f'l;..: ~%,",~,oa, "":" Green printing on ISSUED' AT. newspaper stock 1. J oN transfer with blue U N ~,.~n~.~ t~e. da~e 2. t~,;,"~ ~.d only and location st~p. the tmn~f~ ~nt tran~er With 4. Thl u~ O! I.,Ir~fef by ~yo~e ott~tr t.h~ the ~n~t.',e~g~ for wflom I~,ued pen~ltte, d. A-2