HomeMy WebLinkAboutBRU 89 035 agree twp vill recyc
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-35
BEING A BY-LAW to authorize the
joint agreement with the Village of
recycling.
Township of Bruce to enter a
Tiverton regarding curbside
WHEREAS the Township of Bruce and the Village of Tiverton wishes
to enter into an agreement with "Her Majesty the Queen in Right
of Ontario as Represented by (The Ministry of Environment)" for
the purpose of providing curbside multi-material recycling for
the Township of Bruce and the Village of Tiverton, (as set out in
Schedule "A" of the attached agreement.
AND WHEREAS the said agreement is to be executed by by-law by the
Township of Bruce and the Village of Tiverton.
NOW THEREFORE be it enacted by the council of the Township of
Bruce as follows:
1. The Corporation of the Township of Bruce enter jointly with
the Village of Tiverton into an agreement with The Ministry
of the Environment, as per the attached agreement, to
provide for curbside recycling for both the Municipality of
the Township of Bruce and the Village of Tiverton.
2 .
That the Reeve
authorized to
Township and to
and Clerk of the Township are
execute the agreement on behalf
affix the corporate seal as required.
hereby
of the
By-law introduced and read a First time this TWENTY-EIGHTH
day of NOVEMBER, 1989.
By-law read a Second time this TWENTY EIGHTH day of NOVEMBER,
1989.
By-law read a Third time and finally passed, signed, sealed, and
numbered 89-35 this TWENTY-EIGHTH day of NO
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Ac.\''''3 CLERK
REEVE
"'- ~ -'
~EAL
,
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THIS AGREEMENT made in three copies as of the )rí~ day
of ¡..)OJ eM~E('" , 19a<¡.
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
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mE CORPORATION OF mE 'l'01INSHIP OF BRUCE
AND mE VILLAGE OF TIVERTON
(the nApplicantn)
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
by-law nwnber
this agreement.
council of the Applicant has passed
"* authorizing it to enter into ~("
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THE PARTIES AGREE AS FOLLOWS:
1. (1) Subject to the other prov1s10ns 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 quidelines
issued by the Ministry of the Environment.
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,
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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 Applicant 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 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 project 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 budqet 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.
Ministry
specified
The Applicant must
of the Environment
in schedule E.
file reports with the
containing the details
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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 I 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.
l2. 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 I the Ministry of the Environment I after
consultation with the Applicant, may by notice in writing I
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 (l) and (2) I
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 advert~sing related to the project unless the
Ministry of the Environment otherwise directs in writing.
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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 I injuries 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 I 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 I and the procedures are not
changed to meet the satisfaction of the Ministry of the
Environment I 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 I licences I and
approvals required are obtained prior to the commence-
ment of the project, or where the project is conducted in
stages I 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 proj ect
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 I 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.
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(3) If termination occurs under this section,
all funds advanced by the Ministry of the Environment and
not already expended for purposes of the proj ect 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 indicatinq 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 SlutóJ!õd IN RIGHT
OF ONTARIO AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
per: (
)
THE CORPORATION OF THE TOWNSHIP
OF BRUCE AND VILLAGE OF TIVERTON
)
~_ ó?M>~J_
per: (ç: Acl\,,~' \c.r~
)
d~ß
.þer: (Reeve
)
:t:1),J~L::.)
. er: (Clerk
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SCHEDULE A: PROJECT DESCRIP'l'ION
The curbside multi-material recyclinq operation to be
carried out in the Bruce Township and the Village of
Tiverton will collect and recover newspaper I glass, metal
cans I and PET soft drink bottles. The homeowner will
receive once per week collection for the recyclables.
Bruce Township and the Village of Tiverton 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 Grey Bruce Recycling's collection
trucks will collect the recyclables and return the blue
box to the curb.
The Grey Bruce Recycling 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.
D7;VG,TIVERTON
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Scwsuu(.E B: REQUEST FOR PADDITS
INSTRUCTIONS FOR COMPLETING REQUEST FOR PA~ 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 !ollowing 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 IPS
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
,
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Section 4 - OÞeratinq EXþenses
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 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 I 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 I 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) I Beginning Cost (B) and
Total Material Purchase (C) to arrive at Total Costs (D). If
the claim is a final one I 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 I sale
price in column two as dollars per ton I and the volume sold
in column three as tons. Material Sales in column four is
the result when price and volume are multiplied together I
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
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Section 8 - Other Revenue
Specify any other sources of revenue in this section. This
may include such services as baling, grants from other
sources and payments in advance by the Ministry.
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 and any Appendices must be
signed by a duly authorized officer of the organization
specified in Section 1.
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S\.õaJwuLE D
BUDGB'1' ~aR't
BRUCE !OIIJISJIIP AlII) VJT.T.aÇB OF r:1Y1liK.1.'OH
FISCAL BAR 1989/90
OPERATING EXPENSE
# MONTHS INCLUDED
Total Cost
12
Total Year $
$ 14,312.10
$ 3,O48.l0
$ 2,612.50
$ 7,893.60
$ 4,049.10
$
$ 275.00
$ 550.00
$
$
$ 35.00
$ 429.00
$
$ 660.00
$
$
$ 310.00
$ 1,056.00
$ 35,272.40
$
$
$ 7,230.00
$
$ 7,230.00
$(28,041. 77)
$ 17,480.00
137.5 tons
137.5 tons
1,056/year
Ministr¥ Maximum
Comm1tment
$ 1,460 1
$ 3,400 1
$ 330
ExPense Category
Wages & Salaries
Benefits
Process Equipment
Mobile Equipment
Material and Supplies
Utilities
Telephone & postaqe
Office Supplies
Equipment Rental
Building Rental
Taxes & Licences
Insurance
Professional Services
Bank Charges
Building Depreciation
Equipment Depreciation
Blue Box Distribution
Co-ordinator's Mileage
Total Operating
Material Purchase Cost
Total Expenses
Revenue
Other Revenue
Total Revenue
Profit (Loss)
Eligible Operating Cost Grant
Quantity Collected
Quantity Sold
Manhours
Capital
Household Bins
Promotion and Advertising Grant
$ 4,380
$ 10,190
$ 700
1) Actual payment will be based on one-third of the actual cost to
a maximum as indicated.
D7 ¡VG, TIVERTON