Joint Operating Agreement Update

Currently, about two-thirds of the CCAs have not signed the JOA.

On November 9, we submitted recommended language for the new clauses in Appendix C. This was done because the Park Board told CCAs that it is in this Appendix that the six identified issues within the body of the JOA can be addressed. Park Board Commissioners and staff have acknowledged these six issues as being serious and have publically stated that they must be addressed before we can sign this contract.

The new clauses to be added to Appendix C were done through a collaborative process with the CCAs who have not signed the agreement. CCA legal counsel assisted in drafting the language.

On Sunday, November 12, we received the e-mail below from Park Board staff with an attachment of the Park Board’s modifications to the language that the CCAs submitted. We have handed this over to legal counsel for review. We will keep you posted on next steps. 

The e-mail:

Good morning,

Thank you for the revised Appendix C clauses sent on behalf of Hastings, Kerrisdale and Killarney. I appreciate the continued and open dialogue on the Appendices, and understand that you’re proposing to address any issues unique to your individual CCA separate from these revisions.

Our legal has reviewed the revised Appendix C clauses, keeping in mind our position that the authority to make changes to the body of the JOA rests with the Park Board Commissioners, and has not been delegated to staff. Generally, we have noted where the proposed wording would modify the body of the JOA. I’ve attached a lined copy from legal showing any modifications we’ve made to the proposed clauses, along with a finalized version with notes to provide you with our rationale.

In the interest of full transparency, I’ve shared your revised Appendix C clauses with the Park Board Commissioners for their information, along with the feedback that our legal provided on the proposed revisions.

I’m happy to discuss this if you would like.