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1990-004 Medonte By-law to enter into an agreenent with the Province of Ontario through the Ministry of the Environnent to provide for a grant under the Municipal Recycling support program THE CDRPORATION OF THE TOWNSHIP OF MEJX)NTE BY-LAW 1990-04 ~ Being a By-Law to enter into an agreement with the Province of Ontario, through the Ministry of the Environment to provide for a grant under the Municipal Recycling Support Program. Whereas Council have applied for funding under the Municipal Recycling Support Program. And whereas, in order to obtain this funding Council must enter into an agreement with the Ministry of the Environment. . Now, therefore, Council of the Township of Medonte enact as follows: 1) That Council approves of entering into a Agreement with the Province of Ontario as represented by the Minister of the Environment. 2) That the agreement shall be attached to and form Schedule "A" to this By- Law. 3) That the Reeve and Clerk are authorized to execute the agreement on behalf of the Municipality. 4) That this By-Law shall take affect on the date of its passing. Read a First and Second time, read a Third time and passed this 12th Day of February, 1 990. ~ Reeve ~ , THIS AGREEMENT made of Fe-€. f2.U Af<.y BETWEEN: in three copies as of the , ~. lct.q 0- Jd-.. 'J-t... day ce HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (the "Ministry of the Environment") c. OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF MEDONTE 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 IqQn-~~ authorizing it to enter into this agreement~GRAPH TO BE DELETED WHERE APPLICANT IS NOT A MUNICIPALITY) THE PARTIES AGREE AS FOLLOWS: s. 1. (1) Subj ect to the other provlslons 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. 3. The Applicant and any contractor or sub- contractor will maintain proper financial records with ~ respect to all matters related to the project 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 proj ect, 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 applicant has not complied 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 containing the with the details - 3 - . 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 Mini~try 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. Environment cations and Ministry of The contribution of the Ministry of the to the project shall be mentioned in all publi- advertising related to the project unless the the Environment otherwise directs in writing. - 4 - 17. The Applicant shall not assign this agreement or any rights under this agreement or sub-contract any matters to be done for the purposes of this agreement with out the prior written approval of the Ministry of the Environment. . 18. The applicant hereby indemnifies the Ministry of the Environment for any damages, inj uries or other claims arising out of or in connection with the project. 19. (1) Amendments to this agreement or the ~ schedules shall not have any effect until agreed to in writing by the Ministry of the Environment. . (2) An approval in writing under subsection (1) may take any form, including a letter, as long as the approval in writing 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 regarded 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 procuring goods and services and disposing of recycled material and entering 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 carrying 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 stage. (2) This agreement is not an approval under Part V or section 8 of the Environmental Protection Act. 22. (1) The Applicant may terminate the project at any time upon giving written notice to the Ministry of the Environment. . (2) The Ministry of the Environment may terminate its obligation to make further payments here- under in the event of non compliance by the Applicant with the agreement, lack of progress in carrying out the project, or there being insufficient funds provided in the votes and estimates of the Ministry of the Environment allocated for purposes of the project. - 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. Any office or other site which is occupied for purposes of the project, shall bear identification satis- factory to the Ministry of the Environment indicating that . the proj ect is financially supported by the Ministry of the Environment. 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 MEDONTE J~~ per:( L4~ ~ 12~~€... ) . . SCHEDULE A: PROJECT DESCRIPTION . The curbside multi-material recycling operation to be carried out in the Township of Medonte and the Village of Coldwater will begin in January 1990. Recovered materials I will include newspaper, glass, and metal cans. 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 municipalities 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. The Township of Medonte has tendered the recycling operation and Maple Leaf Disposal Ltd. is the successful contractor. The contractor will supply all equipment and labour necessary to operate the recycling program. The municipalities will pay a flat monthly rate for the operation of this recycling project. No revenues from the sale of he recovered materials will be returned to the municipalities. . The Township of Medonte has submitted applications to OMMRI for funding of the blue boxes and promotional expenses for the launch of the project. It is expected 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 supplied 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 Op~rating 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 IP5 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 Benef its must be itemized in Appendix A. Other expenses must be itemized on Appendix B. The applicable 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 multiplied 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 wnich 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; ~ C()1'll(l'l'MENTS~ TOwNSll11? OF MEDONTE F"i99/90 Gr ant com~ -(~) FY90/91. Grant ~ ($) F"i91./92 Grant ~ ($) FY92/93 Grant ~ ($) FY93/94 Grant ~ ($) FY94/95 Grant ~ ($) 1.0,1.10 oper at ing cost capital cost 'HousehOld BinS 6,110 promotion and AdvertiSing The applicant haS not supplied estimates for ,y 90/91 and subsequent years. No money will be paid for anY year until updated financial forecasts.sat'Sfactor~ to the ~,n,strY of the Environment have been submitted and approved ,n wr,t,ng bY the ~,n,strY ~f the Environment. The approval will indicate the ma~imum amount of grants payable w,th respect to the year in question. 150 TOTAL 16,370 D5;OPST~L, 3385~EDONTE.24 . . . . . . SCHEDULE D BUDGET FORECAST TOWNSHIP OF MEDONTE 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 Miscellaneous Other Total Operating Material Purchase Cost Total Expenses Revenue Other Revenue Total Revenue Profit (Loss) Eligible Operating Cost Grant Quantity Collected Quantity Sold Manhours Total Cost Capital Household Bins $ $18,330 $ 600 Promotion and Advertising Grant 3 Total Year $ $ 8,088 $ 2,426 $ $ 5,055 $ 2,022 $ 610 $ $ $ $ $ 1,011 $ 1,011 $ $ $ $ $ $ $20,223 $ $20,223 $ 0 $ $ 0 $(20,223) $ 10,110 92.5 tons 92.5 tons /year Ministry Maximum Commitment $ $ 6,110 $ 150 1) Actual payment will be based on one-third the actual cost to a maximum as indicated. . . . . SCHEDULE E: ADDITIONAL DETAILS TOWNSHIP OF MEDONTE No additional details required. SCHEDULE F: CONFIDENTIAL DETAILS TOWNSHIP OF MEDONTE The applicant has not specified any information as confidential. 4It D5jOPSTAL,3385MEDONTE Distribution: Three (3) appended to agreements One (1) MS 04 213 One (1) Author . . .