THAT the Fraser Valley Regional District Board authorize its signatories to enter into an Operation and Maintenance Agreement [“Agreement”] with the Boston Bar Area A Landfill Society [“Landfill Society”] for the operation and maintenance of the Chaumox Road Landfill for a 10 year term commencing on February 1, 2018 with an option to renew for a further five year term;
AND THAT the Agreement expressly provide that:
[1] the Landfill Society operate the Chaumox Road Landfill strictly in accordance with the Operational Certificate issued to the Fraser Valley Regional District by the Province of British Columbia for the purpose of operating and maintaining the Chaumox Road Landfill;
[2] the Landfill Society be obligated to reimburse the Fraser Valley Regional District for the full value of the capital costs associated with the purchase of a front end loader and bin truck [“capital equipment”] by the Landfill Society through the use of Area A Garbage Disposal Service Area Reserve funds and operational and surplus funds from the Area A Garbage Disposal Service Area budget plus applicable interest, said funds to be reimbursed within 5 years from the commencement date of the Agreement, and
[3] should the Landfill Society default on its contractual obligation to reimburse the Fraser Valley Regional District for the costs associated with the capital equipment within the prescribed time period, the ownership of the capital equipment will remain the property of the Fraser Valley Regional District;
AND FURTHER THAT the Fraser Valley Regional District Board authorize the expenditure of available funds from the Area A Garbage Disposal Service Area Reserve Fund and the Area A Garbage Disposal Service Area budget, for the purchase of a used front end loader and bin truck by the Landfill Society for purposes of fulfilling its obligations under the Agreement with respect to the operation and maintenance of the Chaumox Road Landfill, said funds estimated to be in the amount $285,000.;
AND FURTHERMORE THAT the Landfill Society be required to carry adequate comprehensive general liability insurance in an amount recommended by the FVRD’s insurers, in addition to being responsible for all costs and obligations associated with compliance under the Workers Compensation Act of British Columbia;
AND FINALLY THAT the Agreement include accountability provisions which require the Landfill Society to report out to the Fraser Valley Regional District on an annual basis.