HomeMy WebLinkAbout81-108
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 81- 108
being a by-law to authorize the execution of an
Agreement with Handi-Transit Incorporated
The Council of the Corporation of the Town of Newcastle
HEREBY ENACT AS FOLLOWS:
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 Seal an Agreement between
Handi-Transit Incorporated and the said Corporation dated the
21st day of
August
A.D. 1981, which is
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attached hereto as Schedule "X".
By-Law read a fi rst and second time thi s 21st day of August 1981.
By-Law read a thi rd and final time thi s 21 st day of August 1981.
Garnet B. Rickard~~~~~
Mayor
David W. Oakes
Cl erk
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I Bt1aw No.-___~1:.19J......]
Of~~, 1981.
THIS AGREEMENT made in duplicate this~~/;( day
BET WEE N:
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called the "Municipality"
OF THE FIRST PART
and
HANDI TRANSIT INCORPORATED
hereinafter called the "Operator"
OF THE SECOND PART
The Municipality desires to provide a public
transportation system for the physically dis~bled 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 four (4) months, endi~g December 31, 1981.
2. THE OPERATOR SHALL:
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(a) Provide and maintain at its expense a modern and efficient
transportation service.
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(b) A suitable office required for the service to, contain the
telephone answering, booking service and dispatch facilities.
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(b)' (l) 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
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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 will accommodate shorter notice up untll
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one-half hour of pick-up.
Adequate service reservation lines, dispatching ~nd booking
facilities will operate during normal business 'hours.
(c) Operate the service as agreed between the part~es from time
to time.
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Cd) Operate the vehicles in accordance ~lth the law and The
Highway Traffic Act, R.S.O. 1970 and regulations thereunder
and the -by-laws of the Municipality.
(e) Licence, operate and maintain at least one vehicle to satisfy
the service requirements. The Operator shall be responsible
for all maintenance functions associated with the vehicles
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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
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operation. The vehicle interior shall be warm at the start of
service. The Operator shall repair all scratches, dents, etc.
as soon as possible.
(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
demand, and cancellations. In addition, the Operator shall
keep such other records as may reasonably be required by the
Municipality from time totime and assist the Municipality In
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providing the reporting requirements of transit 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 pas~enger's door for $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
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the Workmen's Compensation Board.
(k) Provide drivers at least 21 years of age, in good mental and
physical health and possessing a valid Drivers' Licence as
required by Provincial legislation and regulations. Drivers
shall be alert and well rested at all times while operating
the vehicles.
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polite and well groomed at all times and shall not smoke inside
the vehicles while carrying passengers.
(m) Report all accidents or situations involving vehicle collisions,
passenger injuries, etc. promptly to police and insurance
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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, ~ut are not
limited to: licensing fees, keepi~~, maintaining and operating
the vehicle; provision of dispatching {acilities, salaries,
wages and fringe benefits of all staff; insurance; taxes;
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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
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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
apd analyzing the data supplied by the Operator tir obtained
through surveys.
(d) Appoint on or before the implementation date of the system
a Co~ordinator who will be the Mun1cipality's representative
in the normal daily operation of the service and be
4It responsible for maintaining records kept by ,the Municipality.
(e) The Municipality may ha~e an authorized representative inspect
the dispatch facilities, vehicles, the operation of the same,
the maintenance facilities and the matinenance procedures as
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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
factor.
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(c) The Operator agrees that the same vehicle operators will be
regularly assisgned to the System to, ensure familiarity,
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system continuity and allow passenger recognition. Should
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it be necessary to replace one or more drivers. the Operator
shall ensure that the new drlver(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 ,ervice
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 n monthly basis until a new contract is signed or
until cancelled on thirty (30) days notice by either party.
(g) The Operator is excused from its obligations under this contraet
during any ppriod in which the Operator is prevented from
providing service by fire, strike, riot or Act of God.
(~ 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
nny reason except due to fire, strike. riot or Act of God.
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This Contract is subject to the provisions of The Municipal
Aet. R.S.O. 1970 c. 284 as amended, and the provisions ot The
Public Transportation and Highway Improvement Act, a;s'.o. 1970
c.20t as amended.
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6.
Any notice required to be given or served on any part under
the provialons of this contract shall be in writing, and
delivered personally or by prepared registered post. addressed
to the Operator or the Clerk of the Municipality
respectively. Service of notification shall be effective
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from the date of personal delivery or OD the next following
business day after posting of the registered letter.
7. The personal integrity of the Operator being a significant
factor in this contract, tllc Opcrator 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 Seal duly attested by their authorized Officers in that
behal f.
THE CORPORATION OF THE TOWN OF NEWCASTLE
per:
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per:
I~NDI TRANSIT INCORPORATED
per: 1J;J::)~
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. DATED:
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
and
HANDI TRANSIT INCORPORATED
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A.GREEMENT
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AITCHISON, STARZYNSKI & SHINE
Barristers and SOlicitors
115 Simcoe Street South
Oshawa, Ontario