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MEMORANDUM of AGREEMENT Made This Day of , 1999

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MEMORANDUM of AGREEMENT Made This Day of , 1999 REGIONAL DISTRICT OF MOUNT WADDINGTON BOARD OF DIRECTORS MEETING AGENDA July 20, 2021 at 2:00pm Board Room, RDMW Administrative Office, 2044 McNeill Road, Port McNeill, BC Zoom Meeting Invitation: https://us02web.zoom.us/j/86851071516?pwd=REpZSkNIL2Y4aU9vTVFPQjBzU1U4UT09 Page(s) CALL TO ORDER A. APPROVAL OF AGENDA 1-2 1. Adopt July 20, 2021 RDMW Board of Directors Meeting Agenda as presented (Or Amended) B. DELEGATIONS & RECOGNITIONS 3-8 1. Solid Waste Service Agreement with Wuikinuxv Nation Delegates: Chief Councilor Danielle Choiniere Shaw - Wuikinuxv First Nation, Councilor Jennifer Walkus – Wuikinuxv First Nation In Person Via Zoom: Cliff Hanuse, Sr., Capital Manager – Wuikinuxv First Nation, Paul Willie, Tribal Manager – Wuikinuxv First Nation C. MINUTES 9-12 1. Minutes of the Board of Directors Meetings held June 15, 2021 as Presented (Or amended) Available 2. District of Port Hardy Regular Council Meetings – May 25, June 8, 2021, Committee of the Whole for – May 25, June 8, 2021; Town of Port McNeill Regular Council Meetings – May 25, 2021; Village Review of Alert Bay Regular Council Meetings – May 25, 2021; Village of Port Alice – Regular Meeting Minutes – June 9, 2021 Available 3. Cheque Register Report (June 30, 2021) for Review D. STAFF REPORTS 13 1. a) Administrator (July 14, 2021) Recommendation: 1. THAT THE 2021-2022 Annual Operating Agreement with BC Transit be amended to reduce the fare schedule to zero for children aged 12 or under and that BC Transit will compensate the Regional District for $233.37 per month in lieu of fares. b) Travel Report – NO TRAVEL THIS MONTH (Due to COVID-19 Travel Restrictions) 14 2. a) Manager of Economic Development (July 13, 2021) Recommendation: 1) That the Regional District of Mount Waddington supports the submission of an application to the Canada Community Revitalization Fund for a grant to undertake the redevelopment of the Winter Harbour boardwalk subject to an agreement with MOTI for the balance of the required funding. 1 July 20, 2021 RDMW Board of Directors Meeting Agenda 2 2) That the Regional District of Mount Waddington enter into a contract with YYYY for an amount not exceeding $90,000 to manage and coordinate the delivery of programs identified in the Rural Resident Attraction Program funding agreement with the Province of BC 15-16 b) Tourism Coordinator Report (July 14, 2021) 17-18 3. a) Manager of Operations (July 13, 2021) 19-21 4. a) Manager of Planning and Development Services (July 14, 2021) E. FINANCIAL REPORTS 22 a) Finance (July 14, 2021) b) Single Source Report (June 30, 2021) To be Provided F. COMMITTEE REPORTS - Electoral Area Committee and Planning Committee (To be brought forth from earlier Committee Meetings) G. BYLAWS AND PERMITS 23-25 1. Bylaw No. 996, 2021 cited as “Regional District of Mount Waddington Zoning Bylaw No. 21, Amendment Bylaw No. 996, 2021” for 1st reading. H. CORRESPONDENCE 26 1. District of Port Hardy: Maintenance of Tex Lyon Trail I. OTHER BUSINESS / DIRECTORS REPORTS / NEXT MEETING 1. Other Business: Discussion 2. Electoral Area Updates: Area “A” - Broughton / Malcolm Island / Mainland Area “B” - Quatsino / Winter Harbour Area “C” - Hyde Creek / Rupert Area “D” - Nimpkish Valley / Woss 3. Municipal Updates: Village of Alert Bay Village of Port Alice District of Port Hardy Town of Port McNeill 4. Question Period 5. Committee Meetings: 6. Next Meeting: August 17, 2021 J. ADJOURNMENT 2 MEMORANDUM OF AGREEMENT made this day of , 2021 BETWEEN The Wuikinuxv Nation, P.O. Box 3500 Port Hardy V0N 2P0 in the Province of British Columbia (hereinafter referred to as “Wuikinuxv”) OF THE FIRST PART AND The Regional District of Mount Waddington, Box 729, Port McNeill in the Province of British Columbia (hereinafter referred to as “RDMW”) OF THE SECOND PART WHEREAS the Wuikinuxv Nation is acting as an agent to the community of Oweekeno and this community is seeking an area to regularly dispose of their solid waste; AND WHEREAS the parties have hereto agreed that the RDMW will provide Regional Solid Waste Landfill services for the Wuikinuxv; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and agreements herein contained, the Regional District of Mount Waddington and the Wuikinuxv Nation hereby agree as follows: 1. The Regional District and Wuikinuxv agree that the term of this Agreement will be for five years, commencing January 1, 2022 and ending December 31, 2026 with the option for renewal on January 1st, 2027 for a further five years thereafter; a) Each party must provide written notice of their intention to renew the agreement not less than three months before the expiry date and indicate any proposed revised terms in that agreement; 2. The RDMW will provide a Regional Solid Waste Recycling & Landfill service for Wuikinuxv which provides for: a) Disposal of “General Refuse” collected from households and businesses located in the community of Oweekeno; b) Processing of eligible industry stewardship sponsored recyclable materials collected located in the community of Oweekeno; c) Environmental protection measures and monitoring for the 7 Mile Landfill facility. 3. Wuikinuxv will abide by regulations as set by the most current Seven Mile Solid Waste Disposal bylaw and attached as Schedule A. a) Wuikinuxv will pay, by separate invoice, for all other materials that are identified within the current version of the Seven Mile solid waste disposal bylaw as requiring processing separate from that of “General Refuse”. Such materials will not be considered as “General Refuse” and shall be subjected to separate approval processes and thus will not be subjected to the limitations noted in 4 c. 4. The Regional District will be entitled to collect by invoice, a) A Base Annual Fee determined on the service area per capita value generated from the share property taxes/RDMW First Nations fees allocated to funding the RDMW regional solid waste program and the population of the community of Oweekeno based on the most recent available Canada Census or the British Columbia Assembly of First Nations or another mutually agreed upon data source, and shown in “Schedule B”. b) The Base Annual Fee will act as a credit which will be drawn down on a per tonne basis for “General Refuse” delivered to 7 Mile Landfill for landfilling and charged the Central Coast Tipping Fee of $165/tonne, with the exception of other materials that are identified within the most current version of the Seven Mile solid waste disposal bylaw as requiring processing separate from that of “General Refuse”. c) Should the cumulative “General Refuse” cost delivered for landfilling exceed the Base Annual Fee, such tonnage will be assessed a tipping fee of $165/tonne up until said cumulative tonnage exceeds June 11, 2021 DRAFT 2022-2026 Solid Waste Agreement between the 1 Regional District of Mt. Waddington and the Wuikinuxv Nation 3 22 tonnes at which point the per tonnage charge will increase to the Central Coast Premium Tipping Fee of $190/tonne thereafter. d) Other materials pre-approved for delivery to 7 Mile Landfill will be assessed tipping fees based on Schedule A of the most current Seven Mile solid waste disposal bylaw (example attached below) and/or current practices. The cost will be separately invoiced. e) The Central Coast Tipping Fee and the Central Coast Premium Tipping Fee for landfilled “General Refuse” delivered to 7 Mile Landfill is subject to adjustment tied to the same proportional change as occurs to the “General Refuse” rate as documented in changes to the most current RDMW tipping fee bylaws. f) The current moratorium on gypsum being classified as “Controlled Waste” will apply to Wuikinuxv for extent it is applied to communities located within the RDMW. 5. This Agreement may be terminated by either party without cause by giving ninety (90) days’ written notice to the other party. If the agreement is terminated after September 31st, no adjustments will be made to previously invoiced fees for service for that year. a) Either party may terminate this Contract for breach of one or more terms of this Contract, provided that the first party provides written notice of such breach to the defaulting party, and if such breach is not corrected within thirty (30) calendar days, or such longer period as both parties may agree, the Contract becomes null and void. IN WITNESS WHEREOF the Wuikinuxv Nation has authorized this agreement attested by the hands of its duly authorized officers and the RDMW has hereto affixed its seal attested by the hands of its duly authorized officers the day, month and year first above written. The Corporate Seal of the Regional District of Mount Waddington Wuikinuxv Nation hereto affixed in the presence of: signed by: Chairperson Wuikinuxv Nation CEO Administrator June 11, 2021 DRAFT 2022-2026 Solid Waste Agreement between the 2 Regional District of Mt. Waddington and the Wuikinuxv Nation 4 Schedule A to Agreement between the Wuikinuxv Nation and the Regional District of Mount Waddington Regional District of Mount Waddington Excerpts from BYLAW NO. 614 CONSOLIDATED with amendments thereof Seven Mile Solid Waste Disposal Bylaw 1. DEFINITIONS (a) “Construction and Demolition Debris” means wood products, gypsum board or wallboard, stucco, asphalt shingles and concrete used in the construction or renovation of buildings or other structures or resulting from the complete or partial destruction or tearing down of any building or other structure; (b) “Controlled Waste” includes those items listed Schedule A (2); (c) “Disposal Site”
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