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HomeMy WebLinkAbout84-77 0<' _ . r THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84-77 being a by-law to authorize the entering into of an Agreement between Newcastle Handi-Transit Incorporated and the Town of Newcastle. THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation's seal, an Agreement between Newcastle Handi-Transit Incorporated and the Corporation of the Town of Newcastle dated the 2. Cf 't;( day of 1'147 , 1984 in the form attached hereto as Schedule "X". 2, THAT Schedule "X" attached hereto forms part of this by-law, BY-LAW read a first time this 'Z..i-/'1...J day of BY-LAW read a second time this z.Bhv day of BY-LAW read a third time and finally passed this ~~ /rr\.~' .:a. i f.c.., 1984 1984 day of ~~ 1984 Ac.'T1 ^' G; ~~ Mayor !).... :/'.w. ~ C1 erk G" NO.m~_2.,-.(q1l--,-,;L_~ ..." . , _~~ 'Xii THIS AGREEMENT made in duplicate this2.9/tday of M4f 1984. BET WEE N: THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "Municipality" OF THE FIRST PART, - and - HANOI TRANSIT INCORPORATED herei nafter ca 11 ed the "Operator" OF THE SECOND PART. The Municipality desires to provide a public transportation system for the physically disabled within the Municipality. The Operator has agreed to provide such a transportation system for the Municipality. The Municipality and the Operator have agreed to the terms and conditions for the operation of the system. THEREFORE the parties in consideration of the premises hereby agree one with the other as follows: 1. Subject to the terms of this contract the Municipality grants to the Operator the right to maintain and operate transportation services for the physically disabled except as hereinafter provided, in the Municipality for the conveyance of the physically disabled in the areas defined by the Municipal Council for a term of two (2) years, ending December 31st, 1985. 2. THE OPERATOR SHALL: (a) Provide and maintain at its expense a modern and efficient transportation service. [BY-laW No.-----Z-r-=-2_Z___1 , ';~ - 2 - (b) A suitable office required for the service to contain the telephone answering, booking service and dispatch facilities: 1. To provide general information to callers regarding the transportation service provided for the physically disabled. 2. To accept as many reservations possible, consistent with passenger capacity and availability of the vehicles. 3. To notify callers of alternate service time where unable to supply requested service time. 4. To keep a record of any complaints, unfulfilled requests for service, cancellations and no- shows. 5. To remind callers that any return trip which begins in the subscription service period may require extended waiting and riding time because subscription trips are given first priority. 6. To inform callers awaiting service of delays affecting time. 7. To provide radio dispatch facilities for office and vehicles. Non-subscription users of the service will be encouraged to reserve their trip at least one day in advance. However, the Contractor . , - 3 - (c) time to time. (d) Operate the vehicles in accordance with the law and The Highway Traffic Act, R.S.O. 1970 and regulations thereunder and the by-laws of the Municipality. (e) Vehicles shall be owned by the Operator and the Operator shall licence, operate and maintain at least one vehicle to satisfy the s~rvice requirements. The Operator shall be responsible for all maintenance functions associated with the vehicles and any other equipment used in the transit service. (f) Maintain all vehicles in safe working order. (g) Keep all vehicles clean and sanitary, inside and out, and maintain adequate heat and light inside the vehicle during operation. The vehicle interior shall be warm at the start of service. The Operator shall repair all scratches, dents, etc. as soon as possible. will accommodate shorter notice up until one-half hour of pick-up. Adequate service reservation lines, dispatching and booking facilities will operate during normal business hours. Operate the service as agreed between the parties from (h) Keep accounting and operating records as required by the Municipality and provide monthly reports to the Municipality by the 15th of the following month, indicating the vehicle hours operated during the report month, passengers carried, unmet demands and cancellations. In addition, the Operator shall keep such other records as may be reasonably required by the Municipality from time to time and assist the Municipality in providing the reporting requirements of transit . . - 4 - associations, Provincial or Federal Government agencies, or similar bodies. (i) Indemnify and save harmless the Municipality from loss, damage, expense and all suits, claims, proceedings, causes of action and demands arising by reason of or connection in any way with the operation or maintenance of the system. (j) As further security for such indemnity, carry public liability and property damage insurance as required from time to time by the laws of the Province of Ontario and being not less than one million dollars (inclusive limits) a separate policy for coverage from the curb to the passenger's door for two hundred and fifty thousand dollars ($250,000.00) for each occurrence and shall provide satisfactory proof of such insurance. The Operator shall be required to be in good standing with the Workmen's Compensation Board. (k) Provide drivers at least 21 years of age, in good mental and physical health and possessing a valid driver's licence as required by Provincial legislation and regulations. Drivers shall be alert and well rested at all times while operating the vehicles. (1) Provide sufficient drivers trained in the operation of the vehicles, specialized equipment and fare system to operate the system safely and efficiently. Each driver shall have an accurate time piece visible to him while operating the vehicle to assist in schedule adherence. Drivers shall be polite and well groomed at all times and shall not smoke inside the vehicles while carrying passengers. - 5 - (m) Report all accidents or situations involving vehicle collisions, passenger injuries, etc. promptly to police and insurance agent. (n) Name a local representative(s) responsible for the system, accessible to the Municipality during the normal operating hours of the system and having the authority to make day-to-day decisions relating to the terms and conditions of the contract. (0) Pay all expenses associated or connected with operating and maintaining the system. These expenses include, but are not limited to: licensing fees, keeping, maintaining and operating the vehicle; provision of dispatching facilities, salaries, wages and fringe benefits of all staff; insurance; taxes; rents; obligations pursuant to Workmen's Compensation Act, etc. 3. THE MUNICIPALITY SHALL: (a) Pay the Operator monthly, at a rate of 1/12 of the adopted net expenditure budget as approved by the Municipality annually. (b) Provide for such advertising and publicity as the Municipality may see fit at the Municipality's expense. (c) Be responsible for monitoring the transportation service and analyzing the data supplied by the Operator or obtained through surveys. (d) Appoint on or before the implementation date of the system a Co-ordinator who will be the Municipality's representative in the normal daily operation of the service and be responsible for maintaining records kept by the Municipality. . . - 6 - (e) The Municipality may have an authorized representative inspect the dispatch facilities, vehicles, the operation of the same, the maintenance facilities and the maintenance procedures as it may require from time-to-time. 4. Since service to the physically disabled is of paramount importance to both the Municipality and the Operator, the parties agree that: (a) They shall use their best endeavours to provide a good efficient service for the eligible users within the Municipality. (b) The Operator shall notify the Municipality promptly of extraordinary delays caused by any abnoraml or emergency factor. (c) The Operator agrees that the same vehicle operators will be regularly assigned to the System to ensure familiarity, system continuity and allow passenger recognition. Should it be necessary to replace one or more drivers, the Operator shall ensure that the new driver(s) has adequate training and experience with the vehicles and specialized equipment and is fully knowledgeable concerning schedules and fare structures. (d) Each vehicle shall display a distinctive sign or marker as approved by the Municipality indicating that the service is being operated for the Municipality by the Operator. (e) Each vehicle used in the service shall be radio equipped and capable for radio dispatch within the service area. (f) At the termination date of this contract, the contract will continue on a monthly basis until a new contract is signed or until cancelled on thirty (30) days notice by either party. - , , . - 7 - (g) The Operator is excused from its obligations under this contract during any period in which the Operator is prevented from providing service by fire, strike, riot or Act of God, (h) The Municipality may cancel the Contract on seven (7) days written notice if the Operator fails to operate the service on six (6) consecutive days, excluding Sundays and holidays for any reason except due to fire, strike, riot or Act of God. 5. This Contract is subject to the provisions of The Municipal Act, R.S.O, 1970 c. 284 as amended, and the provisions of The Public Transportation and Highway Improvement Act, R.S.O. 1970 c. 201 as amended. 6. Any notice required to be given or served on any part under the provisions of this contract shall be in writing and delivered personally or by prepaid registered post, addressed to the Operator or the Clerk of the Municipality respectively. Service of notification shall be effective from the date of personal delivery or on the next following business day after posting of the registered letter. - '.' . . , , - 8 - 7. The personal integrity of the Operator being a significant factor in this contract, the Operator shall not sublet, sub-contract or assign any of the work on this agreement or change its effective, corporate control without the written consent of the Municipality previously obtained, IN WITNESS WHEREOF the parties have affixed their corporate seals duly attested to by their authorized officers on their behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE oLfPER: O~ Nff# PER::~ tlAh.~ HANOI TRANSIT INCORPORATED PER: c(j~ DATED: 7na..-tf;' <7 , 1 984 THE CORPORATION OF THE TOWN OF NEWCASTLE - and - HANOI TRANSIT INCORPORATED A G R E E MEN T AITCHISON, STARZYNSKI, EVANS & BOLOTENKO 115 Simcoe Street South Oshawa, Ontario . .. ~ i .