Body: Council Type: Agenda Meeting: Regular Date: December 18, 2019 Collection: Council Agendas Municipality: Frontenac County
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Administrative Building Design Task Force Meeting Wednesday, December 18, 2019 – 11:00 a.m. or immediately following the County Council meeting Bud Clayton Memorial Room, 2069 Battersea Road, Glenburnie, ON
Agenda Page 1.
Call to Order
Adoption of the Agenda a) That the agenda for the December 18, 2019 meeting of the Administrative Building Design Task Force be adopted.
Disclosure of Pecuniary Interest and General Nature Thereof
Adoption of Minutes a) Minutes of Meeting held September 18, 2019
3-5
That the minutes of the Administrative Design Task Force meeting held September 18, 2019 be adopted.
6 - 18
Deputations and/or Presentations
Reports a) 2019-160 Office of the Chief Administrative Officer Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building Recommendation: Be It Resolved That the Office of the Chief Administrative Officer – Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building report be received; And FurtherThat Council approve the redevelopment of the County Administrative Building, to be funded at % taken from the Capital Reserve and % be borrowed;
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Page
And FurtherThat staff be directed to proceed with Phase #3 of the Work Plan that being the issuance of an RFP for Detailed Design as identified Report 2019-116. 7.
Communications
Other Business
Next Meeting
Adjournment
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AGENDA ITEM #a)
Minutes of the Administrative Building Design Task Force Meeting September 18, 2019 A meeting of the Administrative Building Design Task Force was held in the Bud Clayton Memorial Room, County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, July 17, 2019 at 12:37 p.m. Present: Councillor Vandewal - Chair Councillor Doyle – Vice Chair Councillor Martin Councillor MacDonald Staff Present: Jannette Amini, Manager of Legislative Services/Clerk (Recording Secretary) Susan Brant, Director of Corporate Services/Treasurer Kevin Farrell, Manager of Continuous Improvement/GIS Kelly Pender, Chief Administrative Officer CRCA Present: Alan Revill, Chair, CRCA Board Garry Hewett, Vice Chair, CRCA Board Terry Richardson, CRCA Board Ross Sutherland, CRCA Board Geoff Rae, General Manager Tom Beaubiah, Manager, Conservation Lands 1.
Call to Order
The Chair called the meeting to order at 12:37 p.m. 2.
Adoption of the Agenda
Moved By: Seconded By:
Councillor Doyle Councillor Martin
That the agenda for the September 18, 2019 meeting of the Administrative Building Design Task Force be adopted. Carried 3.
Disclosure of Pecuniary Interest and General Nature Thereof
There were none.
Minutes of Meeting held September 18, 2019
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AGENDA ITEM #a)
Adoption of Minutes a)
Minutes of Meeting held July 17, 2019
Moved By: Seconded By:
Councillor Martin Councillor Doyle
That the minutes of the Administrative Design Task Force meeting held July 17, 2019 be adopted. Carried 5.
Deputations and/or Presentations
Reports a)
2019-116 Office of the Chief Administrative Officer Approval of the Work Plan and authorization for staff to proceed with Phase #1 and #2 for the County Administrative Building
Moved By: Seconded By:
Councillor Doyle Councillor Martin
Be It Resolved That the Office of the Chief Administrative Officer – Approval of the Work Plan and authorization for staff to proceed with Phase #1 and #2 for the County Administrative Building report be received; And Further That staff be directed to proceed with Phase #1 and #2 of the Work Plan as identified in the report and report back to the Administrative Building Design Task Force in December. Carried Concerns were again expressed around the uncertainty of the Provincial Government, although it was noted that the intent of the redevelopment of this building would be that Frontenac Paramedics relocates. It is suspected though that many of these proposed recommendations will not move ahead before any decisions by the Province are made regarding paramedic services. 7.
Communications
Administrative Building Design Task Force Meeting Minutes September 18, 2019
Minutes of Meeting held September 18, 2019
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AGENDA ITEM #a)
Other Business
Next Meeting
The next meeting will be held on Wednesday, December 18, 2019 following the County Council meeting. 10.
Adjournment
Moved By: Seconded By:
Councillor Doyle Councillor Martin
That the meeting hereby adjourn at 12:46 p.m. Carried
Administrative Building Design Task Force Meeting Minutes September 18, 2019
Minutes of Meeting held September 18, 2019
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AGENDA ITEM #a)
Report 2019-160 Council Recommend Information Report To:
Warden and Council
From:
Kelly Pender, Chief Administrative Officer
Prepared by:
Kelly Pender, Chief Administrative Office
Date of meeting:
December 18, 2019
Re:
Office of the Chief Administrative Officer – Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building
Recommendation Be It Resolved That the Office of the Chief Administrative Officer – Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building report be received; And Further That Council approve the redevelopment of the County Administrative Building, to be funded at % taken from the Capital Reserve and % be borrowed; And Further That staff be directed to proceed with Phase #3 of the Work Plan that being the issuance of an RFP for Detailed Design as identified Report 2019-116. Background At its September 18, 2019 meeting, the Administrative Building Design Task Force was updated on Council’s approval at its September 18, 2019 meeting of the resolution forwarded to it by the Administrative Building Design Task Force and as a result, staff presented the work plan below for the Task Force’s consideration. Phase
Item
Date
Develop Memorandum of Understanding (MOU) regarding detailed design
Sept to Dec 19
Discussion
Options for discussion: o County pays up front, CRCA pays back if they pull out, CRCA % of design costs incorporated into lease
2019-160 Office of the Chief Administrative Officer Authorization for st…
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AGENDA ITEM #a)
process and outline/principles for lease
Funding Analysis
Sep to Dec 19
o Both parties pay 50% up front Lease based upon 100% of dedicated CRCA space + % of common space Utilities – separate pay own, pay %, or incorporated into lease pmt Capital replacement/maintenance costs Reserves options Borrowing costs/options
Decision Point 3.
RFP for Detailed Design
Jan to Mar 20
Includes testing, soils, materials Joint committee to select/recommend architecture firm Determine interim accommodations plan and/or project phasing
Decision Point 4.
Building Fit Up
Spring 20
Tendering for Construction
Apr-Jun 20
Construction Window
Jul 20 to Jul 21
Building Commissioning
Fall 21
Product selection/procurement o Both parties responsible for own costs
Joint committee to review and recommend contractor
Project reporting/project management
Moving related costs Finalize constructions costs and lease amount.
At that same meeting, the Task Force passed the following resolution: Be It Resolved That the Office of the Chief Administrative Officer – Approval of the Work Plan and authorization for staff to proceed with Phase #1 and #2 for the County Administrative Building report be received; And Further That staff be directed to proceed with Phase #1 and #2 of the Work Plan as identified in the report and report back to the Administrative Building Design Task Force in December. Comment Staff have worked collaboratively with the CRCA to develop a draft Memorandum of Understanding (MOU) between the two partners, attached as Appendix A to this report. When the MOU has been executed, the parties will commence negotiations regarding the commercial arrangements for a long term lease based upon the following terms: Recommend Report to the Administrative Building Design Task Force Report of the Chief Administrative Officer – Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building December 18, 2019 Page 2 of 5
2019-160 Office of the Chief Administrative Officer Authorization for st…
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AGENDA ITEM #a)
i. Term will be 21 years, with renewable options to be determined ii. Lease payments will include items agreed as follows:
- Architectural fees
- Pre-construction costs required to complete design works such as testing, bore holes or engineering
- All construction costs required to achieve typical office standards/ meeting room standards
- Amenity and site works agreed to such as parking, driveway access
- Common area furniture, fixtures and equipment (FFE) specific to the area as agreed to, e.g., board room tables or AV equipment
- Janitorial services for common areas at a level to be described in the final agreement, but which shall generally consist of weekly during summer (defined as May-October) and twice per week during the winter season (defined as November-April). Plus an allowance for two (2) deep cleaning sessions on season change over
- Snow plowing and landscape maintenance for areas agreed to and defined in the agreement, but generally described as staff/visitor parking, grass cutting in the vicinity of the facility and landscape/garden maintenance adjacent to the facility, but not including parking/grounds/gardens in associated with Fairmount Home
- Utility costs based upon the agreed to formula
- A Common Area Maintenance (CAM) charge as agreed to by the parties. The use of which shall be more fully described in the final agreement, but shall generally include routine maintenance, replacement or refurbishment of the common areas of the facility
- An administrative fee at a percentage to be determined and negotiated by the parties for the purpose of debt and financial administration.
- Depreciation based upon the total cost of construction, straight line over 50 years iii. Lease payments will exclude items agreed to as follows:
- Furniture, fixtures and equipment for dedicated spaces. Or could be amortized, but not on a shared cost basis.
- Legal costs related to document review for each party
- Janitorial services for dedicated space
- Telephone and internet costs iv. The lease payment for the tenant will be calculated based upon:
- Dedicated Tennant Space (sq.ft.) + Dedicated Landlord Space (sq.ft.) = Total Dedicated Space (sq.ft.)
- Dedicated Tennant Space (sq.ft.) / Total Dedicated Space = Tennant % Share of Dedicated Space
- Dedicated Landlord Space / Total Dedicated Space = Landlord % Share of Dedicated Space
- Total Dedicated Space (sq.ft.) + Common Space (sq.ft.) = Total Facility Space (sq.ft.)
- The parties agree that shared matters agreed to in the lease will be based upon the percent share for each party. Recommend Report to the Administrative Building Design Task Force Report of the Chief Administrative Officer – Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building December 18, 2019 Page 3 of 5
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AGENDA ITEM #a)
v. For illustration purposes only:
- 800 sq.ft. Dedicated Tennant Space + 1,200 sq.ft. Dedicated Landlord Space = 2,000 sq.ft. Total Dedicated Space
- 800 sq.ft. Dedicated Tennant Space / 2,000 sq.ft. Total Dedicated Space = 40% Tennant % Share of Dedicated Space
- 1,200 sq.ft Dedicated Landlord Space / 2,000 sq.ft. Total Dedicated Space = 60% Landlord % Share of Dedicated Space
- 2,000 sq.ft. Total Dedicated Space (sq.ft.) + 500 sq.ft. Common Space = 2,500 sq.ft. Total Facility Space
- A total construction cost of $1,000,000 for the facility (including dedicated and common space, i.e., 2,500 sq.ft.) would be apportioned 40% to the Tenant and 60% to the Landlord. a. Likewise all agreed to shared costs would be apportioned similarly. The MOU also contains provisions regarding Liability for each party, Termination provisions as well as Disputes and Disagreements provisions should the need occur. In terms of a funding analysis, staff have developed an excel spreadsheet that will provide a number of scenarios that the Task Force may consider in terms of financing the redevelopment of the County Administrative Building including reserve options and borrowing costs/options. Staff will walk the task force through these various options at the meeting. At the September 17, 2014 meeting, County Council supported the following option: 2014-141 Corporate Services Long Range Financial Plan – Capital Asset Planning Motion #: 188-14
Moved By: Seconded By:
Councillor Jones Councillor Purdon
Whereas on April 16, 2014 Council received the capital asset report from Public Sector Digest; And Whereas planning for capital asset replacement and funding capital deficit is a prudent financial tool for municipalities and a requirement for receipt of future Provincial and Federal capital funding; Now Therefore Be It Resolved That the Council of the County of Frontenac support Option 2 as noted in the report on the following variables as follows: Variable Levy Inflation % of Levy dedicated to Capital Transfer from Reserve Vehicle Borrowing (%)
Council Direction 2.00% 0.65% $2,900,000.00 0%
Recommend Report to the Administrative Building Design Task Force Report of the Chief Administrative Officer – Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building December 18, 2019 Page 4 of 5
2019-160 Office of the Chief Administrative Officer Authorization for st…
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AGENDA ITEM #a)
Building Borrowing (%) Mechanical & Equipment Borrowing <10 years (%) Mechanical & Equipment Borrowing >10 years (%) Land Improvements Borrowing (%) Interest on Debt Term for Debt 2024 Predicted Assessment (% FPS Allocated to City of Kingston)
50% 0% 0% 50% 5% 20 77%
Anticipated Surplus/Deficit
$0.00
Although the above motion recommends 50% borrowing to finance building projects, staff recommend the Administrative building be fully discuss this option to ensure the sustainability of the County’s Reserves. Staff retained Colbourne, Kembel, Architect to provide a preliminary analysis of the County Administrative Building. In addition, Council approved the allocation $100,000 of the County’s Municipal Modernization Fund to cover the cost of the Detailed Design. Staff are recommending to proceed with the RFP for Detailed Design. Strategic Priority Implications Priority 3: Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach Specifically, the objectives that support this strategy states that the County will continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services. This priority identifies the CRCA as a current and potential project partner In addition, shared facilities reduce the overall environmental foot print required to occupy two separate facilities. Depending upon outcomes/options in terms of a shared facility, the overall greenhouse gas foot print of the County could be reduced as a result of this project, thereby assisting in meeting our GHG emission requirements as noted in the County’s Energy Conservation and Demand Management Plan. Financial Implications There are no financial implications directly associated with this report. Financial impacts will be more appropriately identified when final decisions are made. Organizations, Departments and Individuals Consulted and/or Affected Susan Brant, Director of Corporate Services/Treasurer Kevin Farrell, Manager of Continuous Improvement/GIS Cataraqui Region Conservation Authority (CRCA)
Recommend Report to the Administrative Building Design Task Force Report of the Chief Administrative Officer – Authorization for staff to proceed with Phase #3 of the Work Plan for the County Administrative Building December 18, 2019 Page 5 of 5
2019-160 Office of the Chief Administrative Officer Authorization for st…
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AGENDA ITEM #a)
MEMORANDUM OF UNDERSTANDING ADMINISTRATIVE FACILITY PROCESS This agreement made as of this ________ day of _______________ 2019. BETWEEN The Cataraqui Region Conservation Authority (Hereinafter called “CRCA” or the “Tennant”) AND The Corporation of the County of Frontenac (Hereinafter called the “County” or “CofF” or the “Landlord”) WHEREAS: Section 20 of the Municipal Act, S.O. 2001, c.25 provides that a municipality may enter into agreements with one or more municipalities or local boards for their joint benefit to provide a service or thing for their mutual benefit and the benefit of their respective inhabitants subject to the consent of the municipality or local board in which the service or thing is provided; AND WHEREAS: the parties are interested in establishing a framework for the purpose of developing design and construction drawings for a joint administrative facility at the site of the current County administration building at 2069 Battersea Rd in the City of Kingston; AND WHEREAS: the parties have agreed to enter into an agreement in order to formalize a partnership, set out the terms and conditions of the partnership and establish the requirements related to the termination of the agreement in the event that either party elects to dissolve the partnership and/or end further discussions; AND WHEREAS: the County is prepared to assume the lead partner for the purpose of procurement of consulting services related to the project; NOW THEREFORE, in consideration of the mutual covenants, conditions, considerations and payments herein contained, the parties mutually agree as follows:
- INTRODUCTION a. This agreement is intended to provide a framework for the establishment of a shared administration facility serving both parties, including: i. Detailed design ii. Construction/Tender documents iii. Cost Estimates iv. General terms for a lease agreement should the parties move onto construction Page 1|8
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AGENDA ITEM #a)
v. Terms and conditions for the dissolution of this agreement should either party wish to end the partnership prior to tendering. 2. DEFINITIONS a. Council or Board – means the elected members of the council or board for each of the parties to this agreement. b. Chief Administrative Officer (CAO) – is the senior staff member for the County. c. Common Space – Space that is available and open to either party such as meeting rooms, lunch rooms or such other space as the parties may determine. d. Dedicated Space – space allocated to and controlled exclusively by one of the parties. e. General Manager (GM) – is the senior staff member for the CRCA. f. Facility – is the proposed joint administrative building located at 2069 Battersea Road in the City of Kingston. g. Landlord – for the purpose of this agreement, the County of Frontenac will be considered to be the Landlord for the proposed facility h. Request for Proposals (RFP) – is a form of procurement intended to solicit competitive bids for a project or proposal where the project requirements are not capable of being specifically delineated; bidders are invited to propose a solution to a problem, requirement or objective; and/or the selection of a vendor is to be based upon the effectiveness of the proposed solution rather than on the price alone. i. Tennant – for the purpose of this agreement, the Cataraqui Region Conservation Authority will be considered to be the Tennant for the proposed facility. 3. GENERAL a. The parties agree that for the purposes of this agreement, the procurement policies of the County of Frontenac shall be utilized and take precedence. b. Jointly the parties will develop a Request for Proposal (RFP) for the purpose of engaging architectural assistance with respect to the construction of the Facility. The RFP will solicit services related to: i. Detailed space/needs analysis conducted with each party, both individually and collectively ii. A five step architectural service as per the Royal Architectural Institute of Canada Fee Guide1:
1
Determining Appropriate Fees for the Services of an Architect, Royal Architectural Institute of Canada, 2019, page 15.
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AGENDA ITEM #a)
Basic Architectural Services Project Assessment One
Schematic Design Architectural Services Client supplied data coordination Program and budget evaluation Architectural schematic design Schematic design drawings and documents Statement of probable construction costs
Concept Approval Two
Approvals from Authorities Three
Design Development Architectural Services Client supplied data coordination Design coordination Architectural design development Design development drawings and documents Statement of probable construction costs Client consultation Agency consultation
Construction Documents Architectural Services Client supplied data coordination Project coordination Architectural construction documents (working drawings, form of construction contract and specifications Document checking and coordination Statement of probable construction costs Client consultation Interior construction documents Consult authorities
Award of Construction Contract Four Five Construction Phase Bidding or – Contract Negotiation Administration Architectural Architectural Services Services Client supplied Contract data administration coordination and general/field Project review coordination Progress Issue Bidding reports/ documents evaluation Issue Addenda Process Bid Evaluation certificates for Construction payment Contract Interpretation of Client contract Consultation documents Separate Bids Review of shop or Negotiated drawings Bids Services related Product data/sample to the bidders’ Change orders proposals Substantial Consult performance authorities report and certification Client consultation Interior construction Record drawings
c. The design/construction will be contemplated to be at the LEED Gold standards, but unless required by an external funding/granting agency, certification will not be a requirement d. Both parties will evaluate the bid submissions and make a determination whether or not to proceed to the next step. 4. Nature of the Lease Arrangements a. Immediately upon signing this MOU, the parties will commence negotiations regarding the commercial arrangements for a long term lease based upon the following terms: i. Term will be 21 years, with renewable options to be determined Page 3|8
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AGENDA ITEM #a)
ii. Lease payments will include items agreed as follows:
- Architectural fees
- Pre-construction costs required to complete design works such as testing, bore holes or engineering
- All construction costs required to achieve typical office standards/ meeting room standards
- Amenity and site works agreed to such as parking, driveway access
- Common area furniture, fixtures and equipment (FFE) specific to the area as agreed to, e.g., board room tables or AV equipment
- Janitorial services for common areas at a level to be described in the final agreement, but which shall generally consist of weekly during summer (defined as May-October) and twice per week during the winter season (defined as November-April). Plus an allowance for two (2) deep cleaning sessions on season change over
- Snow plowing and landscape maintenance for areas agreed to and defined in the agreement, but generally described as staff/visitor parking, grass cutting in the vicinity of the facility and landscape/garden maintenance adjacent to the facility, but not including parking/grounds/gardens in associated with Fairmount Home
- Utility costs based upon the agreed to formula
- A Common Area Maintenance (CAM) charge as agreed to by the parties. The use of which shall be more fully described in the final agreement, but shall generally include routine maintenance, replacement or refurbishment of the common areas of the facility
- An administrative fee at a percentage to be determined and negotiated by the parties for the purpose of debt and financial administration.
- Depreciation based upon the total cost of construction, straight line over 50 years iii. Lease payments will exclude items agreed to as follows:
- Furniture, fixtures and equipment for dedicated spaces. Or could be amortized, but not on a shared cost basis.
- Legal costs related to document review for each party
- Janitorial services for dedicated space
- Telephone and internet costs iv. The lease payment for the tenant will be calculated based upon:
- Dedicated Tennant Space (sq.ft.) + Dedicated Landlord Space (sq.ft.) = Total Dedicated Space (sq.ft.)
- Dedicated Tennant Space (sq.ft.) / Total Dedicated Space = Tennant % Share of Dedicated Space Page 4|8
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AGENDA ITEM #a)
- Dedicated Landlord Space / Total Dedicated Space = Landlord % Share of Dedicated Space
- Total Dedicated Space (sq.ft.) + Common Space (sq.ft.) = Total Facility Space (sq.ft.)
- The parties agree that shared matters agreed to in the lease will be based upon the percent share for each party. v. For illustration purposes only:
- 800 sq.ft. Dedicated Tennant Space + 1,200 sq.ft. Dedicated Landlord Space = 2,000 sq.ft. Total Dedicated Space
- 800 sq.ft. Dedicated Tennant Space / 2,000 sq.ft. Total Dedicated Space = 40% Tennant % Share of Dedicated Space
- 1,200 sq.ft Dedicated Landlord Space / 2,000 sq.ft. Total Dedicated Space = 60% Landlord % Share of Dedicated Space
- 2,000 sq.ft. Total Dedicated Space (sq.ft.) + 500 sq.ft. Common Space = 2,500 sq.ft. Total Facility Space
- A total construction cost of $1,000,000 for the facility (including dedicated and common space, i.e., 2,500 sq.ft.) would be apportioned 40% to the tenant and 60% to the Landlord. a. Likewise all agreed to shared costs would be apportioned similarly.
- PARTNER RESPONSIBILITY a. Each party will be responsible for: i. Providing timely and accurate input, comment and review of documents ii. Own costs related to project management, arrangement of meetings, legal review, or other such non-construction costs.
- LIABILITY a. Each party to this agreement shall assume full responsibility and cost for any actions or lack of actions brought against the partner for incidents or events that happen within their partner borders or are directly related to them as a result of their own negligent acts or omissions and no liability shall attach or accrue to the other parties. b. Despite Section 6 paragraph a), in the event that liability or action is brought against the parties collectively, then any cost or awards shall be split on a percent basis as per the percentage split funding formula in place on the day of the event or incident. c. Subject to paragraphs a) and b) above, each of the partners agrees to indemnify and hold the other partner harmless from and against all actions, suits, claims and demands which may be brought against or made upon another party including all loss, costs, charges and expenses as well as legal costs which may be incurred as a result of having entered into this agreement to the extent that such actions, suits, claims and demands arise from the Page 5|8
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AGENDA ITEM #a)
negligence of that partner in the carrying out of its obligations pursuant to this agreement. 7. AMENDMENTS a. Nothing in this agreement precludes the parties from making changes or modifications to the final lease agreement, provided both parties are in agreement. 8. TERMINATION AND AMENDMENTS a. This agreement shall remain in force until any party provides written notice of termination at least three (3) months prior to the desired date of termination. The party giving notice shall be responsible for the other parties’ costs associated with agreement termination. b. If the parties agree to a termination of this Agreement, then the costs associated with termination will be split based upon the percentage split in the year of the termination. i. Should termination occur before an apportionment share is determined, than the party terminating shall be responsible for 60% of costs accrued to date, or obligations resulting from this agreement. c. This Agreement may be amended at any time by the mutual consent of the parties in writing, after the party desiring the amendment(s) gives the other party a minimum of thirty (30) days written notice of the proposed amendment(s). d. Upon signing a lease agreement, this agreement shall immediately become null and void. 9. DISPUTES AND DISAGREEMENTS a. If, during the term of this agreement, a dispute or disagreement arises between the parties that cannot be resolved by the GM and CAO, the following dispute resolution procedure will be followed: i. A committee of the County Warden and the Chair of the Full Authority Board of CRCA supported by the CAO and GM will convene to attempt to resolve the issue. ii. Failing paragraph i. above, within ninety (90) days or such timing as may be mutually agreeable, the parties will submit the dispute or disagreement to arbitration in accordance with the provision of the Municipal Arbitrations Act. iii. The party wishing to commence arbitration shall give the other party a written notice describing the dispute or disagreement to be arbitrated. Any arbitration will be carried out by a single arbitrator, who has been chosen jointly by the parties. The costs and expenses of arbitration will be allocated by the arbitrator between the parties, as the arbitrator determines in accordance with applicable law. Page 6|8
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AGENDA ITEM #a)
iv. The parties agree to fully cooperate in any dispute or disagreement process, including the release of information and/or access to individuals. b. Except where clearly prevented by a dispute or disagreement that arises under this agreement, the parties shall continue performing their respective responsibilities under this agreement while the dispute or disagreement is being resolved in accordance with this Section, unless or until such responsibilities are lawfully terminated or expire in accordance with terms of this agreement. 10. NOTICE Any notice that is required to be given pursuant to this agreement shall be deemed to have been validly given if delivered to the Attention of the Clerk to the following:
Cataraqui Region Conservation Authority 1641 Perth Road, P.O. Box 160 Glenburnie, Ontario K0H 1S0
County of Frontenac 2069 Battersea Road Glenburnie, Ontario, K0H 1S0
- SEVERABILITY a. In the event that any covenant, provision or term of this agreement should at any time be held by any competent tribunal to be void or unenforceable, then this agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this agreement which shall remain in full force and effect mutatis mutandis.
- GOVERNING LAW a. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. IN WITNESS WHEREOF the said Corporations have hereto affixed their corporate seals as attested by the hands of their proper officer duty authorized in that regard.
CATARAQUI AUTHORITY
REGION
CONSERVATION
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AGENDA ITEM #a)
Per:
Alan Revill, Chair
Per:
Donna Campbell, Assistant, Chair & GM THE CORPORATION OF THE COUNTY OF FRONTENAC
Per:
xxx, Warden
Per:
Kelly Pender, CAO
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