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1990-016 Oro ~ . of . THE CORPORATION OF THE TOWNSHIP OF ORO BY-LAW NO. 90-16 Being a By-Law to Authorize an Agreement Between the Township of Oro and the Ministry of the Environment pursuant to the Municipal Recycling Support Program WHEREAS the Corporation of the Township of Oro has undertaken a recycling program and contracted for the collection and disposal of recyclable materials under Section 210(83) of the Municipal Act, R.S.O. 1980, as amended; AND WHEREAS grant monies are available from both the Ministry of Environment and Ontario Multi Material Recycling Inc. (OMMRI) to Municipalities implementing a recycling program; AND WHEREAS Council for the Corporation of the Township of Oro deems it advisable to enter into an agreement with the Ontario Ministry of Environment regarding the terms and conditions of the grant program; NOW THEREFORE the Council for the Corporation of the Township of Oro hereby enacts as follows: 1. The Corporation of the Township of Oro shall enter into the Agreement, attached hereto as Schedule A, and forming part of this by'law. 2. The Reeve and Clerk are hereby authorized to sign the Agreement, attached as Schedule A on behalf of the Corporation. 3. This by-law shall take effect upon passage thereof. READ a first and second time this 5th day of February , 1990. READ a third time and finally passed this 5th day of February, 1990. THE CORPORATION OF THE TOWNSHIP OF ORO &E. DCr(3;i: &;;/-.;Y u- Administrator/Clerk, Robert W. Small Schedule "A" to By-Law No. 90-16 THIS AGREEMENT made in three copies as of the of , 19 day BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (the "Ministry of the Environment") OF THE FIRST PART ~ - and - THE CORPORATION OF THE TOWNSHIP OF ORO (the "Applicant") OF THE SECOND PART WHEREAS for purposes of protecting and conserving the natural environment, the Ministry of the Environment is encouraging municipalities and others to recycle materials which would otherwise have to be disposed of as waste, and WHEREAS the Applicant has applied to the Ministry of the Environment for funding for the purposes (the "project") set out in schedule A, and WHEREAS the council of the Applicant has passed by-law number 90-l6 authorizing it to enter into this agreement. THE PARTIES AGREE AS FOLLOWS: 1. (1) Subj ect to the other provisions of this agreement, including the schedules, the Ministry of the Environment will provide funds to the Applicant for expenses incurred by the Applicant: (a) directly related to the project, (b) which are reasonable and necessary for the purpose of carrying out the project, (c) for the purpose set out in the schedules, and (d) for the period set out in the schedules. (2) Except as provided hereafter, the Applicant will only use funds provided hereunder in accordance with subsection 1 and the program guidel ines issued by the Ministry of the Environment. - 2 - 2. The Ministry of the Environment or auditors appointed by it, may audit any financial or other records of the Applicant or any persons carrying out the project or parts of the proj ect for the Appl icant and the Applicant shall provide for such audit in any contracts with sub-contractors or others who will be carrying out the project or parts of the project for the Applicant. -t 3. The Applicant and any contractor or sub- contractor will maintain proper financial records with respect to all matters related to the proj ect and make them available to the Ministry of the Environment or its auditors on request. 4. The Applicant will provide periodic financial statements with respect to the proj ect which shall show all revenues, expenditures and assets of the project, including all purposes for which funds advanced under this agreement are expended as specified in schedule B. 5. The Applicant shall maintain records for at least two years after the final payment is made by the Ministry of the Environment under this agreement. 6. The payments made under this agreement shall not exceed the amounts specified in schedule C. 7. Payments will be based on budget forecasts in the Applicant's proposal as set out in schedule D and may be paid in advance of expenditures. 8. Where payments are made in advance of expendi- tures, subsequent payments may be adjusted to reflect actual expenditures. 9. The Ministry of the Environment may withhold all or part of any payment: ( a) if the appl icant has not compl ied with any provision of this agreement, (b) if the Ministry of the Environment has given notice that it is unsatisfied with the project's progress and the Applicant has not taken steps satisfactory to the Ministry to remedy the cause of the dis- satisfaction, or (c) pending the resolution of outstanding items following any audit. 10. The Applicant must Ministry of the Environment specified in schedule E. file reports with the containing the details 11. (1) In the event revenues (including grants paid hereunder) associated with the project exceed expenses as set out in the calculation of grants in schedule B, the surplus shall be applied to reduce future grants and in the event of any remaining surplus, it shall be repaid to the Ministry of the Environment to the extent that grants have been paid hereunder. . (2) The Ministry of the Environment may approve the expenditure of surplus funds for matters related to recycling whether or not they are specified in the schedules and in the event of such approved expenditure the provisions of subsection (1) requiring repayment to the Ministry of the Environment shall not apply for such amount. 12. The Ministry of the Environment shall not be obliged to make any payments hereunder except to the extent that sufficient funds are provided in the votes and estimates in the Ministry of the Environment and allocated for such purpose. 13. In the event that it appears that the Applicant will not be eligible to receive all of the grants scheduled to be made hereunder in one fiscal year of the Ministry of the Environment, the Ministry of the Environment, after consultation with the Applicant, may by notice in writing, inform the Applicant that a lower amount will be paid to the Applicant during the fiscal year than otherwise is scheduled to be paid hereunder. 14. (1) The Ministry of the Environment may evaluate the project and publish any results of the project or the evaluation thereof. (2) Notwithstanding subsection (1) where a schedule provides certain details with respect to the project are of a confidential nature, the Ministry of the Environment will not publish those details except where necessary for enforcing the provisions of the agreement. (3) Notwithstanding subsections (1) and (2), any details of a confidential nature may be used for the generation of statistics which will be published by the Ministry of the Environment. 15. The Ministry of the Environment has the right to use any publications produced by the Applicant in connection with the program, provided the Ministry of the Environment bears the expense of the production of copies of the publication which it wishes to use and the Ministry of the Environment shall have the right to authorize other people to use or reproduce such publications. 16. The contribution of the Ministry of the Environment to the project shall be mentioned in all publi- cations and advertising related to the proj ect unless the Ministry of the Environment otherwise directs in writing. 17. The Applicant shall not assiqn this aqreement or any riqhts under this aqreement or sub-contract any matters to be done for the purposes of this aqreement with out the prior written approval of the Ministry of the Environment. 18. The applicant hereby indemnifies the Ministry of the Environment for any damaqes, injuries or other claims arisinq out of or in connection with the project. . 19. (1) Amendments to this aqreement or the schedules shall not have any effect until aqreed to in writinq by the Ministry of the Environment. (2) An approval in writinq under subsection (1) may take any form, includinq a letter, as lonq as the approval in writinq specifies it is an approval for purposes of this section. (A certificate of approval or similar approval under the Environmental Protection Act or other statute will not be reqarded as an approval for purposes of this section.) 20. The Applicant shall keep the Ministry of the Environment advised from time to time of the procedures and controls it uses in procurinq qoods and services and disposinq of recycled material and enterinq into other contracts and if the Ministry of the Environment is un- satisfied with such procedures, and the procedures are not changed to meet the satisfaction of the Ministry of the Environment, the Ministry of the Environment may terminate this agreement after appropriate reasonable notice of such dissatisfaction. 21. (1) The Applicant shall comply with all applicable laws with respect to carryinq out the project and it will be the responsibility of the Applicant to ensure that all necessary certificates, licences, and approvals required are obtained prior to the commence- ment of the project, or where the project is conducted in stages, prior to the commencement of such staqe. (2) This aqreement is not an approval under Part V or section 8 of the Environmental Protection Act. 22. (1) The Appl icant may terminate the proj ect at any time upon qivinq written notice to the Ministry of the Environment. (2) The Ministry of the Environment may terminate its obI iqation to make further payments here- under in the event of non compliance by the Applicant with the agreement, lack of proqress in carryinq out the project, or there beinq insufficient funds provided in the votes and estimates of the Ministry of the Environment allocated for purposes of the project. ~ t. - 5 - (3) If termination occurs under this section, all funds advanced by the Ministry of the Environment and not already expended for purposes of the project as authorized in the schedule shall be promptly returned to the Treasurer of Ontario. 23. All capital equipment (e.g. trucks, bins), facilities (e.g offices, buildings) and containers (e.g. blue boxes, bags) owned, leased or contracted out by the municipality must bear the phrase "Funded in Part by the Government of Ontario". THIS AGREEMENT is duly executed by the parties hereto. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT per:( THE CORPORATION OF THE TOWNSHIP OF ORO per:( - .. SCHEDULE A: PROJECT DESCRIPTION The curbside multi-material recycling operation to be carried out in the Township of Oro will collect and recover newspaper, glass, metal cans, and PET soft drink bottles. The homeowner will receive once per week collection for the recyclables. This will be on the same day as regular garbage collection. All single family residences, duplexes, apartments and rural dwellings receiving contracted waste collection, will receive recycling services. The Township of Oro will provide each homeowner with a blue box to place their recyclables in. The boxes will be placed at curbside on the appropriate days. The contractor's collection trucks will collect the recyclables and return the blue box to the curb. The vehicles will be one-manned right hand drive trucks. These trucks have special closed box compartments with a top loading hydraulic system. These vehicles are also capable of unloading large containers that will likely service the apartments. The Township of Oro has tendered the recycling operation and Mid Ontario Disposal is the successful contractor. The contractor will deliver the recyclables collected in the Township of Oro's recycling project to the City of Orillia who will process and market the materials. Mid Ontario Disposal will provide the Town with an adjusted revenue for the materials to reflect the cost of processing and marketing. The Township of Oro has submitted applications to OMMRI for funding of the blue boxes and promotional expenses for the launch of the project. It is anticipated that OMMRI will contribute one-third of the cost of the capital items. This project description is a summary of the information contained in the application and of the supporting information provided to the Ministry. '. SCHEDULE B: REQUEST FOR PAYMENTS INSTRUCTIONS FOR COMPLETING REQUEST FOR PAYMENT FORM General - All funds payable under a Municipal Recycling Support Program Operating Cost Grant will be provided on the basis of Request for Payment forms. These forms must be submitted no later than the 15th of the month following the claim period specified. Please ensure that the Project Number which has been assigned is specified on all pages where requested. The claim form should be submitted to: Ministry of the Environment Waste Management Branch 40 St. Clair Avenue West Toronto, Ontario M4V 1P5 Attention: J. Petoia Section 1 - Applicant Information Provide the name and address of the organization receiving the grant. Cheques will be made payable to the name in this section. Section 2 - Claim Period Specify the period to which claims on the form apply. We would prefer the time period to be monthly. All subsequent claims must use the same time period. Section 3 - Material Collected For each material obtained by means of your own collection system, please specify the type of material and the volume in tons which was collected during the claim period of Section 2. Each different type or grade of material should be listed across the first row and each source municipality should be listed down the first column. Sum the amounts from each source and place the result in the Total column. Sum the amounts for each material type and place the result in the Total Material Collected row. . .. 2 - 2 - Section 4 - Operating Expenses Specify the total amount spent for each expense category during the claim period in Section 2. Wages and Salaries and Employee Benefits must be itemized in Appendix A. Other expenses must be itemized on Appendix B. The appl icable expense category number from Section 4 must be specified in column 1 of Appendix B. - Building and Equipment Amortization should be prorated to conform with the claim period in Section 2. Section 5 - Inventory The initial claim can include a cost of inventory if it can be supported by purchase receipts or other evidence. A summary must be submitted which itemizes by material the volume purchased, price and cost. The format in Section 6 can be used for this purpose. A final claim must include a credit for inventory on hand which will be applied to reduce the Total Costs during the final claim period. Section 6 - Material Purchases For each material type or grade purchased during the claim period of Section 2, specify the type or grade in column one, price paid in column two as dollars per ton and the volume purchased in column three as tons. Material Cost in column four is the result when price and volume are mul tipl ied together, therefore if the same material was purchased at different price levels each price must be itemized separate- ly. Sum the Volume Purchased and Material Cost columns and place the results in the Total Material Purchase row. Any material obtained at no cost should also be itemized. Sum Total Operating Expenses (A), Beginning Cost (B) and Total Material Purchase (C) to arrive at Total Costs (D). If the claim is a final one, then Ending Cost (B) should be deducted from the Total Operating Expenses. Section 7 - Material Sales For each material type or grade sold during the claim period of Section 2, specify the type or grade in column one, sale price in column two as dollars per ton, and the volume sold in column three as tons. Material Sales in column four is the result when price and volume are multiplied together, therefore if the same material was sold at different price levels each price must be itemized separately. Sum the Volume Sold and Material Sales columns and place the results in the Total Material Sales row. . .. 3 - - 3 - Section 8 - Other Revenue Specify any other sources of revenue in this section. may include such services as baling, grants from sources and payments in advance by the Ministry. This other Sum Total Material Sales (E) and Total Other Revenue (F) to arrive at Total Revenue (G). The Amount of Payment Requested (H) will be the amount by which Total Cost (D) exceeds Total Revenue (G). Section 9 - Declaration The Request For Payment form signed by a duly authorized specified in Section 1. and any Appendices must be officer of the organization SCHEDULE C: GRANT COMMITMENTS AND ESTIMATES TOWNSHIP OF ORO FY89/90 FY90/91 FY91/92 FY92/93 FY93/94 Grant Grant Grant Grant Grant Commitment Estimate Estimate Estimate Estimate ($) ($) ($) ($) ($) Operating 23,800 26,800 21,000 14,640 7,660 Cost Capital Cost 3,500 1,000 1,000 1,000 1,000 Household Bins 11,700 800 970 1,040 1,170 Promotion and 600 860 880 900 920 Advertising TOTAL 39,600 29,460 23,850 17,580 10,750 The figures shown above for FY90/91 and subsequent years are estimates. No money will be paid for any year until updated financial forecasts satisfactory to the Ministry of the Environment have been submitted and approved in writing by the Ministry of the Environment. The approval will indicate the maximum amount of grants payable with respect to the year in question. D7;ST,33910RO , SCHEDULE D BUDGET FORECAST TOWNSHIP OF ORO FISCAL YEAR 1989/90 OPERATING EXPENSE # MONTHS INCLUDED ... Expense Category Wages &. Salaries Benefits Process Equipment Mobile Equipment Material and Supplies Utilities Telephone &. Postage Office Supplies Equipment Rental Building Rental Taxes &. Licences Insurance Professional Services Bank Charges Building Depreciation Equipment Depreciation Truck Repairs Other 12 Total Year $ $20,652 $ 3,096 $ 1,200 $ $ 1,200 $ 1,200 $ $ 1,200 $ $ 2,400 $ 600 $ 1,500 $ --- $10,800 $ --- $17,700 $ 6,000 $ $67,548 Total Operating Material Purchase Cost Total Expenses Revenue Other Revenue Total Revenue Profit (Loss) Eligible Operating Cost Grant $ $67,548 $ $ $ $(67,548) $ 23,794 (9 mth. operation) 560 tons 560 tons 1, 824/year Quantity Collected Quantity Sold Manhours Total Cost Ministry Maximum Commitment Promotion and Advertising Grant $10,500 $35,000 $ 4,600 $ 3,500 1 $11,700 1 $ 600 Capital Household Bins 1) Actual payment will be based on one-third the actual cost to a maximum as indicated. - SCHEDULE E: ADDITIONAL DETAILS TOWNSHIP OF ORO No additional details required. ... .' -- SCHEDULE F: CONFIDENTIAL DETAILS TOWNSHIP OF ORO The applicant has not specified any information as confidential. D7jST,33910RO Distribution: Three (3) appended to agreements One (1) MS 04 134 One (1) Author