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HomeMy WebLinkAboutBy-law 2516/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 2516 /87 Being a by-law to authorize the execution of an agreement to amend the agreement dated July 30, 1984, with Laidlaw Waste Systems Ltd. for refuse collection (September 1, 1984 - June 30, 1989). WHEREAS, on July 30, 1984, pursuant to the provisions of the Municipal Act, R.S.O., 1980, chapter 302, section 210.83, the Council of The Corporation of the Town of Picketing enacted By-law 1886/84, authorizing the execution of an agreement dated July 30, 1984 with Laidlaw Waste Systems Ltd. for the collection, removal, and disposal of garbage and other refuse from September 1, 1984 to June 30, 1989; and WHEREAS, that agreement requires amendment; 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 Corporation of the Town of Picketing and Laidlaw Waste Systems Limited amending the agreement dated July 30, 1984, providing for the collection, removal and disposal of garbage and other refuse from September l, 1984 to June 30, 1989. BY-LAW read a first, second, third time and finally passed June 29, 1987. TOWN OF APPROVED LEOAL PEP',z SCHEDULE A This Agreement made June 29, 1987. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the 'rTown", OF THE FIRST PART, - and - LAIDLAW WASTE SYSTEMS LTD. herein called the "Company" OF THE SECOND PART. WHEREAS by agreement dated July 30, 1984 (herein called the "Agreement"), the Town retained the Company to perform certain garbage collection services within the Town of Pickering subject to terms and conditions set out herein, some of which it is desirable to amend; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of $1.00 now paid by each Party to the other, the receipt of which by each is hereby acknowledged, and other good and valuable consideration, and the covenants herein contained, the Town and the Company agree as follows: The Town and the Company are bound by the terms, conditions and covenants contained in the Agreement, as amended hereby. Section 3 of Schedule A to the Agreement is hereby amended by adding thereto the following: Without limiting the generality of this section, the Company shall pick up garbage and other refuse at condominiums, (a) on Tuesdays, Wednesdays or Thursdays, to minimize conflicts between pick-up days and holidays thereby requiring as little rescheduilng as possible, and (b) before noon on each pick-up day. The Company shall clean up any garbage or other refuse on the road or boulevard where it appears that such garbage or refuse has spilled or been removed from packaged garbage or refuse put out for collection. Section 5 of Schedule A to the Agreement is hereby amended by adding thereto the following: Without limiting the generality of this section, an "acceptable r~umber of units to perform the collection service" as at September 30, 1987, shall be three 25 cubic yard rear loader tandem units, excluding the required reserve unit. Section 9 of Schedule A to the Agreement is hereby amended by adding thereto the following: The supervisor shall maintain daily supervision of the street crews in person or by two-way radio and shall provide to the Town's Director of Public Works a daily, type-written summary of complaints and suggestions received by him, from the Town and the public, and actions taken by the Company in response thereto. Section 10 of Schedule A to the Agreement is hereby amended by adding thereto the following: Without intending to limit the number of such meetings that may be held during the term of this Agreement, the Town's Director of Public Works and representatives of the Company shall meet during the first week of each of June and December of each year during the term hereof to dis- cuss, (a) the Town's garbage and other refuse collection and removal needs, and (b) the Company's performance hereunder. Sections 18 and 19 of Schedule A to the Agreement are hereby deleted and the following substituted therefor: While the Town encourages its residents to dispose of larger articles and greater than normal volumes of refuse by pre-arrangement with the Company or during a two-week 'Clean-up Period' in May each year, the Company shall not refuse to collect and dispose of any collectible garbage because of size or volume without first advising the Town's Director of Public Works. Sections 5 and 8 of Part 1 of Schedule A to the Agreement are hereby amended by replacing the work "Workmen's'~ with the word "Workers'" in the heading to section 5, in lines 2, 4 and 8 of section 5 and in line 2 of section 8. 8. Part 2 of Schedule A to the Agreement is hereby deleted. Sections 2, 3 and 4 of Schedule B to the Agreement are hereby deleted and the following substituted therefor: The prices for the services performed during 1984, 1985 and 1986 shall be $105,531.72, $351,303.36 and $389,097.24, respectively, receipt of which by the Company is hereby acknowledged. Subject to the provisions of section 4 of this Schedule, the price for the services performed hereunder shall be calculated at the rate of $31.51 per metric tonne of garbage collected and disposed of, payable on or about the 15th day of each month starting February 15, 1987 and ending January 15~ 1989, each payment being based upon the weight of garbage collected and disposed of in the preceding calendar month as shown on the way-scale tickets issued by the disposal site operator and verified by the Town's Director of Public Works. 4.(1) (2) The rate referred to in section 3 of this Schedule shall be adjust- ed in December, 1987 and in December, 1988 for the purpose of calculating the price for the services to be performed in the following calendar year. The adjusted rate shall be determined in accordance with the following formula: current rate x F = adjusted rate where F = 50% of (A) + 15% of (B) + 15% of (C) + 0.20, "(A)" being the average hourly earnings (manufacturing) for the City of Toronto in July of the current calendar year, divided by the same earnings in July of the preceding calendar year, "(B)" being the industry selling price index for trucks with gross weight o{ 19,501 lbs. to 26,000 lbs. for Canada in July of the current calendar year, divided by the same index in July of the preceding calendar year, and "(C)" being the automobile operation component of the consumer price index for the City of Toronto (adjusted to exclude prices of new automobiles) in July of the current calendar year, divided by the same component (adjusted) in July of the preceding calendar year, and shall be rounded to the nearest cent. 10. Schedule C to the Agreement is hereby deleted and the Town's By-law 385/76, as amended by By-laws 1152/80 and /87, substituted therefor. IN WITNESS WHEREOF, the Town and the Company have hereunto affixed their corpo- rate seals, attested by the hands of their authorized officers. SIGNED, SEALED & DELIVERED .._OR~N OF THE TOWN OF PICKERING LAIDLAW WASTE SYSTEMS LTD.