HomeMy WebLinkAbout By-law 1771/83TfIE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1771/83
Being a by-law to authorize the execution of an
Agreement between the Corporation of the Town
of Picketing and G.D.S. Disposal to provide for
the collection, removal and disposal of garbage
from 1210 Radom Street, Picketing
WHEREAS, pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O.
1980, chapter 302, the council of a local municipality may pass by-laws, inter alia, for
contracting for the collection, removal and disposal of garbage upon such terms and
conditions as may be considered expedient; and
WHEREAS, the Corporation of the Town of Picketing requires the services of G.D.S.
Disposal for the purpose of the collection, removal and disposal of garbage from the
premises known as 1210 Radom Street, Pickering, from January 1st, 1984 to December
31st, 1984, inclusive;
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 G.D.S. Disposal to provide for the collection, removal and dis-
posal of garbage from 1210 Radom Street, Picketing.
BY-LAW read a first, second and third time and finally passed this 19th day of
December , 1983.
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P/CKERING
~tPPROV~D
,~S T0 FORM
Schedule 'A' %0 By-law 17~1/83
THIS AGREEMENT made this 1st day of December, 1983.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter ca/led the "Town"
OF THE FIRST PART,
- and -
PHIL GROENEVELD & SONS DISPOSAL SERVICES LIMITED
c.o.b, as G.D.S. DISPOSAL
hereinafter called the "Company"
OF THE SECOND PART.
WHEREAS pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O.
1980, chapter 302, the council of a local municipality may pass by-laws, inter alia, for
contracting for the collection, removal and disposal of garbage upon such terms and
conditions as may be considered expedient; and
WHEREAS the Corporation of the Town of Picketing requires the services of the
Company for the purpose of the collection, removal and disposal of garbage from the
premises known as 1210 Radom Street, Picketing, Ontario;
NOW THEREFORE, THIS AGREEMENT WlTNESSETH that in consideration of the cove-
nants, agreements and conditions contained herein, the Parties hereto agree as fol-
low s:
During
lection,
vices" )
with;
the term of this Agreement, the Company shall provide garbage col-
removal and disposal services (hereinafter referred to as the "set-
for the premises located at 1210 Radom Street, Pickering, in accordance
(a)
the terms and conditions of sections 1 to 9, inclusive, of this Agreement,
and
(b)
the collection, removal and disposal specifications set out in Schedule
hereto.
In consideration of the Company satisfactorily providing the services required
in section l, above, the Town shall pay to the Company during the term of this
Agreement, the sum of $10.95 per lift to be paid within thirty (30) days of
receipt of the Company's monthly invoice, which invoice shall be delivered to
the Town within ten (10) days of the end of each calendar month.
(1)
The term of this Agreement shall be for one (1) year and shall commence
on the 1st day of January, 1984 and end on the 31st day of December,
1984, subject to the provisions of subsection (2) hereof.
(2)
This Agreement may be terminated at any time upon thirty (30) day's
written notice by either Party to the other.
While engaged in the performance of the said services, the Company and all its
employees shall be covered by public liability and property damage insurance in
the amount of not less than $500,000 and each of the Company's employees shall
be bonded in an amount of not less than $5,000 and insured under the Work-
men's Compensation Act, R.S.O. 1980, chapter 539, or any successor thereto.
The Company shall be in no way responsible for any failure to perform any of
the services mentioned in section 1, above, caused by strikes, lock-outs, fire,
unavoidable casualties or by any other cause of any kind whatsoever beyond
the control of the Company.
During the term hereof, the Company shall indemnify and save harmless the
Town from and against all loss, costs, damages and expense occasioned to the
Town by the negligence of the Company or its employees or any of them,
provided that the Company shall be in no way responsible to the Town under
the provisions of this section unless a claim in writing is made against the
Company within ninety (90) days from and after the loss or damage event.
The Parties hereto may at any time, alter or vary the specifications set out in
Schedule "A" hereto, and make any resulting adjustments necessary to the price
to be paid by the Town for the services to be performed hereunder, but no
such change shall be binding on either Party unless reduced to writing and
signed by both Parties.
Any notice required or permitted to be given hereunder shall be
given if served personally upon a proprietor, partner or officer,
may be, or if sent by registered mail, postage prepaid,
sufficiently
as the case
to the Company at Group 9, Box 14, R.R.#6, Bowmanville, Ontario L1C
3K7
to the Town at 1710 Kingston Road, Pickering, Ontario L1V 1C7
and if mailed as aforesaid, the notice shall be deemed to have been received
and be effective on the third business day after mailing. Either Party hereto
may change its address for service at any time by notice given to the other in
the manner aforesaid.
(a) This Agreement shall not be assignable by either Party.
(b)
This Agreement including the specifications set out in Schedule "A"
hereto, shall enure to the benefit of and be binding upon the Parties
hereto,
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective
- 2 -
corporate seals, duly attested by their proper authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Ci~rk
PHIL GROENEVELD & SONS DISPOSAL SERVICES
LIMITED, c.o.b, as G.D.S. DISPOSAL
President
- 3 -
SCHEDULE "A
COLLECTIONS, REMOVAL & DISPOSAL SPECIFICATIONS
Garbage shall be collected and removed,
(a) from three (3) cubic yard bins provided for the purpose by Durham
Condominium Corporation No. 19.
(b)
by not more than twenty-four (24) lifts per month, which lifts shall be
made only between the hours of 9:00 a.m. and 5:00 p.m., local time,
Monday to Friday (inclusive); and
(c) according to as regular a weekly schedule as the circumstances permit.
(1)
Each lift must be verified, in writing, by an authorized representative of
Durham Condominium Corporation No. 19 or its management company.
(2)
Such verification may be made by means of a stamp and/or a signature
applied or affixed to a delivery slip of the Company.
(3) The Company shall be advised from time to time by the Town of the
names of those persons authorized to make the verification.
Garbage collected and removed by the Company under the terms of this Agree-
ment shall be disposed of by it at its cost and such disposal shall be in lawfully
approved garbage disposal sites only.
The per lift payment referred to in section 2 of this Agreement has been cal-
culated to take into account all of the Company's costs in providing the ser-
vices, including disposal and disposal charges, and therefore represents the
maximum liability, on a per lift basis, of the Town to the Company under this
Agreement.
A-4