24 - October 24, 2023 County Council Agenda Packaged/o zuiuull�lr,
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Elgin County Council
Regular Council Meeting
ORDERS OF THE DAY
Tuesday, October 24, 2023, 9:00 a.m.
Council Chambers
450 Sunset Drive
St. Thomas ON
NOTE FOR MEMBERS OF THE PUBLIC:
Please click the link below to watch the Council Meeting:
https://www.facebook.com/ElginCountyAdmin/
Accessible formats available upon request.
Pages
1. CALL TO ORDER
2. ADOPTION OF MINUTES 3
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS
5. COMMITTEE OF THE WHOLE
6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF
6.1 Director of Community and Cultural Services and Director of Legal 13
Services - Resolution in Support of Updating the Municipal Freedom of
Information and Protection of Privacy Act
6.2 Director of Homes and Seniors Services - Homes - Specialized Physician 19
Agreement - Neurotoxin (i.e. Botox, Dysport, Xeomin) for Spasticity
Management - Bobier Villa, Elgin Manor and Terrace Lodge
6.3 Director of Homes and Seniors Services - Homes - Physiotherapy 30
Services - Extension of Agreement
6.4 Director of Homes and Seniors Services - Pharmacy Services at Elgin 33
County Homes - Contract Award
6.5 Director of Financial Services/Treasurer - Request for Additional Funding 77
- Southwestern Public Health
6.6 Director of Financial Services/Treasurer and Director of Legal Services - 80
Correspondence Follow-up: Payments -In -Lieu
7. COUNCIL CORRESPONDENCE
7.1 Items for Consideration
7.1.1 Laura Woermke, Executive Director/Curator, St. Thomas -Elgin 84
Public Art Centre with a request for additional funding.
7.2 Items for Information (Consent Agenda)
8. OTHER BUSINESS
8.1 Statements/Inquiries by Members
8.3 Matters of Urgency
9. CLOSED MEETING ITEMS
9.1 Closed Meeting Minutes - October 10, 2023 and October 18, 2023
9.2 Director of Legal Services - Boundary Adjustment Matter (verbal)
Municipal Act Section 239 (2) (h) information explicitly supplied in
confidence to the municipality or local board by Canada, a province or
territory or a Crown agency of any of them.
9.3 Director of Human Resources - Human Resources Update
Municipal Act Section 239 (2) (b) personal matters about an identifiable
individual, including municipal or local board employees.
9.4 Director of Human Resources - Labour Relations
Municipal Act Section 239 (2) (d) labour relations or employee
negotiations; and (k) a position, plan, procedure, criteria or instruction to
be applied to any negotiations carried on or to be carried on by or on
behalf of the municipality or local board.
9.5 Chief Administrative Officer/Clerk - Health Recruitment Partnership
Recruitment
Municipal Act Section 239 (2) (b) personal matters about an identifiable
individual, including municipal or local board employees.
10. MOTION TO RISE AND REPORT
11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF
THE WHOLE
12. CONSIDERATION OF BY-LAWS
12.1 By -Law No. 23-41 Confirmation
13. ADJOURNMENT
Page 2 of 86
I:IItlll►K91901►IW01901►INII
MINUTES
October 10, 2023, 9:00 a.m.
Council Chambers
450 Sunset Drive
St. Thomas ON
Members Present: Warden Ed Ketchabaw
Deputy Warden Grant Jones
Councillor Dominique Giguere
Councillor Mark Widner
Councillor Jack Couckuyt
Councillor Todd Noble
Councillor Mike Hentz
Councillor Richard Leatham (virtual)
Members Absent: Councillor Andrew Sloan
Staff Present: Don Shropshire, Chief Administrative Officer/Clerk
Brian Masschaele, Director of Community & Cultural Services
Michele Harris, Director of Homes and Seniors Services
Jennifer Ford, Director of Financial Services/Treasurer
Nicholas Loeb, Director of Legal Services
Jenna Fentie, Manager of Administrative Services/Deputy Clerk
Paul Hicks, Acting Manager of Planning
Carolyn Krahn, Manager of Economic Development, Tourism &
Strategic Initiatives
Natalie Marlowe, Manager of Library Services
Stefanie Heide, Legislative Services Coordinator
CALL TO ORDER
The meeting was called to order at 9:00 a.m. with Warden Ketchabaw in the
chair.
Warden Ketchabaw extended birthday greetings to Councillor Giguere and the
Director of Homes and Seniors Services.
2. ADOPTION OF MINUTES
Moved by: Councillor Noble
Seconded by: Councillor Hentz
RESOLVED THAT the minutes of the meetings held on September 26, 2023 be
adopted.
Motion Carried.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
None.
4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS
Page 3 of 86
4.1 St. Thomas Elgin General Hospital Foundation - Transforming
Tomorrow Campaign
Representatives from the St. Thomas -Elgin General Hospital Foundation
provided a presentation to County Council detailing the Transforming
Tomorrow Fundraising Campaign.
Moved by: Deputy Warden Jones
Seconded by: Councillor Couckuyt
RESOLVED THAT the presentation from the St. Thomas -Elgin General
Hospital Foundation be received and filed; and
THAT the request for $2.5 million in support of the Transforming
Tomorrow Campaign be forwarded to the Elgin County Budget Committee
for consideration as part of the 2024 budget deliberations.
Motion Carried.
5. COMMITTEE OF THE WHOLE
Moved by: Councillor Noble
Seconded by: Councillor Giguere
Motion Carried.
6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF
6.1 Warden Ketchabaw - Warden's Activity Report September 2023
Warden Ketchabaw presented the report detailing his activities for
September 2023.
Moved by: Councillor Hentz
Seconded by: Deputy Warden Jones
RESOLVED THAT the report titled "Warden's Activity Report September
2023" dated October 1, 2023 from Warden Ketchabaw be received and
filed.
Motion Carried.
6.2 Acting Manager of Planning - Municipality of West Elgin Official Plan
Amendment No. 4, Part of Lot 7, Concession 8
The Acting Manager of Planning presented the report that provides
Council with the information necessary in order to consider granting
approval to Official Plan Amendment No. 4 to the Official Plan of the
Municipality of West Elgin.
Moved by: Councillor Leatham
Seconded by: Councillor Hentz
RESOLVED THAT the Council of the Corporation of the County of Elgin
approve Official Plan Amendment No. 4 to the Official Plan of the
Municipality of West Elgin as modified in the attached decision; and
THAT staff be directed to provide notice of this decision in accordance
with the requirements of the Planning Act.
Motion Carried.
6.3 Director of Community and Cultural Services - Elgin County Library
Programming and Partnership Policy Adoption
Page 4 of 86
The Director of Community & Cultural Services presented the report
recommending approval of a policy to govern programming and
partnership opportunities offered by Elgin County Library and its ten
branches.
Moved by: Deputy Warden Jones
Seconded by: Councillor Couckuyt
RESOLVED THAT the report titled "Elgin County Library Programming
and Partnership Policy Adoption" dated October 3, 2023 from the Director
of Community and Cultural Services be received and filed; and
THAT the Elgin County Library Programming and Partnership Policy
attached to this report as "Appendix A" be hereby adopted.
Motion Carried.
6.4 Director of Homes and Seniors Services - Homes - Medical Directives
The Director of Homes and Seniors Services presented the report that
seeks Council's approval for the delegation of approval of medical
directives for the three County of Elgin Homes.
Moved by: Councillor Hentz
Seconded by: Councillor Giguere
RESOLVED THAT the report titled "Homes - Medical Directives" dated
October 5, 2023 from the Director of Homes and Seniors Services be
received and filed; and
THAT Council authorize the Director of Homes and Seniors Services
and/or the Homes Administrator to approve medical directives provided
that consultation and input have been received from the Medical Director
of the applicable Home, IPAC teams, or other regulated healthcare
professionals, as may be applicable and appropriate.
Motion Carried.
6.5 Manager of Economic Development, Tourism & Strategic Initiatives -
Public Engagement - Planning Growth
The Manager of Economic Development, Tourism & Strategic Initiatives
presented the report detailing the plan for public engagement in the
planning process to make informed decisions regarding the expected
significant industrial development with the upcoming opening of the
Amazon Fulfillment Centre and the development of the PowerCo SE
Gigafactory site.
Moved by: Councillor Hentz
Seconded by: Deputy Warden Jones
RESOLVED THAT staff be directed to coordinate discussions with local
CAOs and presentations to Elgin's Local Municipal Partner Councils to
discuss planning for anticipated regional growth in Elgin County.
Motion Carried.
6.6 Manager of Economic Development, Tourism & Strategic Initiatives -
Investment Attraction - FedDev Grant Application
The Manager of Economic Development, Tourism and Strategic Initiatives
presented the report seeking Council's direction for staff to work with
Elgin's local municipal partners to submit a grant application to the Federal
Economic Development Agency for Southern Ontario to support the
development of an investment attraction strategy for Elgin County.
Page 5 of 86
Moved by: Councillor Giguere
Seconded by: Councillor Noble
RESOLVED THAT staff be directed to work with the Local Municipal
Partners to submit a grant application to FedDev Ontario to support the
development and implementation of an investment attraction strategy.
Motion Carried.
6.7 Director of Financial Services/Treasurer - Digitization and Office 365
Implementation
The Director of Financial Services/Treasurer presented the report seeking
Council's approval to implement Office 365 as part of the County's
strategy to transition software to cloud -based solutions.
Moved by: Councillor Hentz
Seconded by: Councillor Couckuyt
RESOLVED THAT Council approve the implementation of Office 365 as
outlined in the report titled "Digitization and Office 365 Implementation"
dated October 2, 2023 from the Director of Financial Services/Treasurer at
no extra cost to the County budget; and
THAT the Chief Administrative Officer and Director of Financial
Services/Treasurer be authorized to enter into a contract as is necessary
to support the software implementation.
Motion Carried.
6.8 Director of Financial Services/Treasurer - Digitization and
Accounting Software Priorities
The Director of Financial Services/Treasurer presented the report seeking
approval to update various accounting software to ensure business
continuity.
Moved by: Deputy Warden Jones
Seconded by: Councillor Couckuyt
RESOLVED THAT Council approves the immediate updates necessary to
maintain the functionality of the Sage 300 Accounting software as outlined
in the report titled "Digitization and Accounting Software Priorities" dated
October 2, 2023 from the Director of Financial Services/Treasurer at no
extra cost to the County budget; and
THAT staff proceed with the requested updates to improve the reporting
and budgeting processes as outlined in the report titled "Digitization and
Accounting Software Priorities" dated October 2, 2023 from the Director of
Financial Services/Treasurer at no extra cost to the County budget; and
THAT the Chief Administrative Officer and Director of Financial
Services/Treasurer be authorized to enter into the necessary contracts
required to support the software implementation after legal review.
Motion Carried.
6.9 Director of Financial Services - 2022 Financial Statement Review
Councillor Leatham left the meeting.
The Director of Financial Services/Treasurer presented the report seeking
Council's approval of the 2022 Financial Statements. Rob Foster, County
Auditor from Graham, Scott, Enns, provided the auditor's statement to
Council.
Page 6 of 86
Moved by: Councillor Noble
Seconded by: Deputy Warden Jones
RESOLVED THAT the report titled "2022 Financial Statement Review"
dated October 3, 2023 from the Director of Financial Services/Treasurer
be received; and
THAT reallocation of the 2022 Surplus as per Option 4 be completed
effective January 1, 2023; and
THAT County Council approve the 2022 Financial Statements as
presented in Appendix A, and authorize the Warden, Chief Administrative
Officer, and Director of Financial Services/Treasurer to sign for distribution
and publication, and
THAT the signed 2022 Financial Statements from Appendix A be added
as Appendix B to the 2022 Annual Report, as amended to reflect that
Social Services is administered by the City of St. Thomas and funded by
the County, which will be published on the County website for public
information.
Motion Carried
7. COUNCIL CORRESPONDENCE
7.1 Items for Consideration
None.
7.2 Items for Information (Consent Agenda)
Moved by: Councillor Hentz
Seconded by: Councillor Widner
RESOLVED THAT Correspondence Item #7.2.1 be received and filed.
Motion Carried.
7.2.1 Memo from Elgin County Long -Term Care Home Administrators
regarding Mandatory Universal Masking Reinstatement - Staff,
County of Elgin Homes
8. OTHER BUSINESS
8.1 Statements/Inquiries by Members
Warden Ketchabaw informed Council that correspondence was received
from Bob Purcell inviting Councillors to participate in a trivia night in
support of the Dutton Dunwich Lions Club. Warden Ketchabaw will email
the invitation to Councillors for their consideration.
Warden Ketchabaw announced his intention to run for 2024 Warden.
Deputy Warden Jones announced his intention to run for 2024 Warden.
8.2 Notice of Motion
None.
8.3 Matters of Urgency
None.
9. CLOSED MEETING ITEMS
Moved by: Councillor Giguere
Seconded by: Councillor Hentz
Page 7 of 86
RESOLVED THAT we do now proceed into closed meeting session in
accordance with the Municipal Act to discuss the following matters under
Municipal Act Section 239 (2):
Closed Meetina Item #1 - Closed Meetina Minutes - Seotember 26. 2023
Closed Meeting Item #2 - 2022 Financial Statements
(a) the security of the property of the municipality or local board; and (b) personal
matters about an identifiable individual, including municipal or local board
employees.
Motion Carried.
9.1 Closed Meeting Minutes - September 26, 2023
9.2 2022 Financial Statements (verbal)
10. MOTION TO RISE AND REPORT
Moved by: Councillor Couckuyt
Seconded by: Councillor Noble
RESOLVED THAT we do now rise and report.
Motion Carried.
Closed Meeting Item #1 - Closed Meeting Minutes - September 26, 2023
Moved by: Councillor Hentz
Seconded by: Councillor Noble
RESOLVED THAT the closed meeting minutes from the September 26, 2023
meeting be adopted.
Motion Carried.
Closed Meeting Item #2 - 2022 Financial Statements
Moved by: Councillor Giguere
Seconded by: Deputy Warden Jones
RESOLVED THAT the report from the County Auditor be received for
information.
Motion Carried.
11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE
WHOLE
Moved by: Councillor Hentz
Seconded by: Councillor Noble
RESOLVED THAT we do now adopt recommendations of the Committee of the
Whole.
Motion Carried.
12. CONSIDERATION OF BY-LAWS
12.1 By -Law No. 23-39 Confirmation
BEING a By -Law to Confirm Proceedings of the Municipal Council of the
Corporation of the County of Elgin at the October 10, 2023 Meeting.
Moved by: Councillor Couckuyt
Seconded by: Councillor Noble
Page 8 of 86
RESOLVED THAT By -Law No. 23-39 be now read a first, second, and
third time and finally passed.
Motion Carried.
13. ADJOURNMENT
Moved by: Councillor Widner
Seconded by: Deputy Warden Jones
RESOLVED THAT we do now adjourn at 11:34 a.m. to meet again on October
24, 2023 at 9:00 a.m.
Motion Carried.
Don Shropshire, Ed Ketchabaw,
Chief Administrative Officer/Clerk. Warden.
Page 9 of 86
ELGIN COUNTY COUNCIL
SPECIAL MEETING MINUTES
October 18, 2023, 8:30 a.m.
Council Chambers
450 Sunset Drive
St. Thomas ON
Members Present: Warden Ed Ketchabaw
Deputy Warden Grant Jones
Councillor Dominique Giguere
Councillor Mark Widner
Councillor Jack Couckuyt
Councillor Mike Hentz
Members Absent: Councillor Andrew Sloan
Councillor Todd Noble
Councillor Richard Leatham
Staff Present: Don Shropshire, Chief Administrative Officer/Clerk
Stefanie Heide, Legislative Services Coordinator
1. CALL TO ORDER
The meeting was called to order at 8:36 a.m. with Warden Ketchabaw in the
chair.
2. ADOPTION OF MINUTES
None.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
None.
4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS
None.
5. COMMITTEE OF THE WHOLE
Moved by: Deputy Warden Jones
Seconded by: Councillor Widner
RESOLVED THAT we do now move into Committee of the Whole.
Motion Carried.
6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF
None.
7. COUNCIL CORRESPONDENCE
None.
8. OTHER BUSINESS
8.1 Statements/Inquiries by Members
1
Page 10 of 86
None.
8.2 Notice of Motion
None.
8.3 Matters of Urgency
None.
9. CLOSED MEETING ITEMS
Moved by: Councillor Hentz
Seconded by: Councillor Giguere
RESOLVED THAT we do now proceed into closed meeting session in
accordance with the Municipal Act to discuss the following matters under
Municipal Act Section 239 (2):
Closed Meeting Item #1 - CAO Recruitment (walk-on)
(b) personal matters about an identifiable individual, including municipal or local
board employees; and (k) a position, plan procedure, criteria or instruction to be
applied to any negotiations carried on or to be carried on by or on behalf of the
municipality or local board.
Motion Carried.
9.1 CAO Recruitment (walk-on)
10. MOTION TO RISE AND REPORT
Moved by: Deputy Warden Jones
Seconded by: Councillor Couckuyt
RESOLVED THAT we do now rise and report.
Motion Carried.
Closed Meetina Item #1 - CAO Recruitment (walk-on)
Moved by: Councillor Hentz
Seconded by: Councillor Couckuyt
RESOLVED THAT the Recruiter proceed as directed
Motion Carried.
11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE
WHOLE
Moved by: Deputy Warden Jones
Seconded by: Councillor Giguere
RESOLVED THAT we do now adopt recommendations of the Committee of the
Whole.
Motion Carried.
i V�9197► P1I D] :11 C7er I IQ Ll Eel 0We AATIT&I
12.1 By -Law No. 23-40 Confirmation
BEING a By -Law to Confirm Proceedings of the Municipal Council of the
Corporation of the County of Elgin at the October 18, 2023 Meeting.
Moved by: Councillor Widner
Seconded by: Deputy Warden Jones
2
Page 11 of 86
RESOLVED THAT By -Law No. 23-40 be now read a first, second, and
third time and finally passed.
Motion Carried.
13. ADJOURNMENT
Moved by: Councillor Widner
Seconded by: Councillor Hentz
RESOLVED THAT we do now adjourn at 12:54 p.m.
Motion Carried.
Don Shropshire, Ed Ketchabaw,
Chief Administrative Officer/Clerk. Warden.
Page 12 of 86
Progressive by Naturx,,
RECOMMENDATION:
REPORT TO COUNTY COUNCIL
FROM: Brian Masschaele, Director of Community
and Cultural Services
Nicholas Loeb, Director of Legal Services
DATE: September 27, 2023
SUBJECT: Resolution in Support of Updating the
Municipal Freedom of Information and
Protection of Privacy Act
THAT County Council hereby supports revisions to the Municipal Freedom of Information
and Protection of Privacy Act as outlined in the report from the Director of Community and
Cultural Services and Director of Legal Serviced as outlined in the September 27, 2023
report titled "Resolution in Support of Updating the Municipal Freedom of Information and
Protection of Privacy Act; and,
THAT the Warden on behalf of Elgin County Council issue a letter to the Premier of
Ontario; Minister of Municipal Affairs and Housing; Minister of Public and Business
Service Delivery; Member of Provincial Parliament for Elgin -Middlesex -London; local
municipal partners in the County of Elgin; and the Association of Municipal Managers,
Clerks and Treasurers of Ontario; and,
THAT the resolution from the Town of Bracebridge "Time for Change — Municipal
Freedom of Information and Protection of Privacy Act' dated September 15, 2023 be
received and filed.
INTRODUCTION:
The Town of Bracebridge has circulated the attached item for discussion lobbying for
the need to update and modernize the Municipal Freedom of Information and Protection
of Privacy Act, R.S.O. 1990, c. M.56 (MFIPPA). The Director of Community and
Cultural Services recently served on a taskforce through the Association of Municipal
Managers, Clerks and Treasurers of Ontario (AMCTO) which is also recommending
updates to MFIPPA. This report recommends that County Council issue a letter of
support to the Government of Ontario citing specific improvements as outlined in this
report.
Page 13 of 86
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DISCUSSION:
Staff recommend that Council support efforts to update and modernize MFIPPA. Staff
are generally supportive of the resolution from the Town of Bracebridge, save and
except recitals pertaining to the anonymity of requestors and the ability of legal
professionals to submit applications under the Act. Staff feel that anonymity should be
be protected and that legal professionals should be able to utilize the process like any
other individual. With these exceptions, staff are generally supportive of the resolution
from the Town of Bracebridge.
At the same time, the Association of Municipal Mangers, Clerks and Treasurers of
Ontario is also lobbying for updates to MFIPPA. Staff generally endorse AMCTO's
efforts, including:
1. Strengthen municipal accountability and transparency-
- MFIPPA should provide clarity on the sharing and use on information
across institutions.
- Provide guidance regarding open data.
2 Adoption of a Routine Disclosure and Active Dissemination Policy.
3. Consider integrating the Personal Information Bank with another existing
accountability and transparency measure such as Routine Disclosure or Active
Dissemination procedures.
4. Provide minimum standards for privacy management and breach protocols.
5. Designate clerks as heads of municipalities under the Act.
6. Include a provision in the Act for regular (5 year) review of Act and General
Regulation that will:
- Ensure that the Act is reflective of recent orders and guidance of the
Office of the Information and Privacy Commissioner of Ontario (IPC);
- Update the Act to reflect new and emerging technology
7. Enhance frivolous and vexatious provisions, expand the definition and provide a
statutory legal test for administrators to utilize.
8. Add mechanisms to confirm that requests with offensive and inappropriate language
may be refused.
9. Add a provision to the Act to permit municipalities to adopt a `bulk user' policy.
10. Ensure that the Act is consistent with other applicable legislation. Where the Act is
not consistent, provide guidance on which legislation prevails.
11. Define timelines within MFIPPA as business -days so that municipalities have the
necessary time to effectively respond.
Page 14 of 86
191
12. Modify the definition of a record to include electronic mail, instant message chats
and voicemails, while clarifying the scope of disclosures required within these records
(e.g. only last email on email thread necessary).
13. Provide clarity in the Act regarding the application of the Act to records of Members
of Council. More specifically, provide a statutory legal test for determining whether a
record is a municipal record.
14. Ensure fees are reflective of current processes, and keep pace with inflation, to
accurately capture administration fees and reduce burden on local ratepayers.
15. Review the Act to "clean-up" references to outdated processes and technology.
16. Offer institutions updated training and guidance materials on MFIPPA on an annual
basis targeted to both municipal staff and elected officials to ensure municipal staff have
capacity to deal with increasing complexity of privacy and information matters, and that
they have the support of their elected leadership.
17. Revise annual reporting, as required in the Act, to ensure that data being collected
is relevant. Consider replacing IPC reporting with requirements that municipalities report
to their councils.
18. Provide more transparency on IPC processes and include in the Act timelines for
IPC processing (e.g. timelines for resolution of IPC adjudication).
Further explanation of these recommendations is outlined through AMCTO's draft
submission on pages 52-73 of the following: Ilunnp^ //www aurn� to
FINANCIAL IMPLICATIONS:
Not applicable.
Page 15 of 86
CI
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
Growing Elgin Investing in Elgin
❑ Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the
current programs and facilitating commercial, necessary tools,
services with community industrial, residential, resources, and
need. and agricultural growth. infrastructure to deliver
❑ Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
❑ Fostering a healthy
environment.
❑ Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
The County's local municipal partners may choose to endorse County Council's
recommendations and are being circulated on this report.
COMMUNICATION REQUIREMENTS:
Staff are recommending that the Warden issue a letter to the Premier and relevant
Ministers of the Government of Ontario in support of revisions to MFIPPA and in
response to efforts by other municipalities in this regard.
CONCLUSION:
County Council recently updated the ounty s A����;,;,ess k"') and fltivaa
which incorporates many of the recommendations being made in this report.
All of which is Respectfully Submitted
Brian Masschaele
Director of Community and Cultural
Services
Nicholas Loeb
Director of Legal Services
Approved for Submission
Don Shropshire
Chief Administrative Officer/Clerk
Page 16 of 86
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September 15, 2023
Re: Item for Discussion - Item for Discussion — Time for Change - Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA)
At its meeting of September 13, 2023, the Council of the Corporation of the Town of Bracebridge ratified
motion 23-GC-184, regarding the Item for Discussion — Time for Change - Municipal Freedom of Information
and Protection of Privacy Act (MFIPPA), as follows:
"WHEREAS the Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990 (MFIPPA) came into force and effect on January 1, 1991;
AND WHEREAS municipalities, including the Town of Bracebridge, practice and continue
to promote open and transparent government operations, actively disseminate information
and routinely disclose public documents upon request outside of the MFIPPA process;
AND WHEREAS government operations, public expectations, technologies, and legislation
surrounding accountability and transparency have dramatically changed and MFIPPA has
not advanced in line with these changes;
AND WHEREAS the creation, storage and utilization of records has changed significantly,
and the Clerk of the Municipality is responsible for records and information management
programs as prescribed by the Municipal Act, 2001;
AND WHEREAS regulation 823 under MFIPPA continues to reference antiquated
technology and does not adequately provide for cost recovery, and these financial
shortfalls are borne by the municipal taxpayer;
AND WHEREAS the threshold to establish frivolous and/or vexatious requests is
unreasonably high and allows for harassment of staff and members of municipal councils,
and unreasonably affects the operations of the municipality;
AND WHEREAS the MFIPPA fails to recognize how multiple requests from an individual,
shortage of staff resources or the expense of producing a record due to its size, number,
or physical location does not allow for time extensions to deliver requests and
unreasonably affects the operations of the municipality;
AND WHEREAS the name of the requestor is not permitted to be disclosed to anyone other
than the person processing the access request, and this anonymity is used by requesters
to abuse the MFIPPA process and does not align with the spirit of openness and
transparency embraced by municipalities;
AND WHEREAS legal professionals use MFIPPA to gain access to information to launch
litigation against institutions, where other remedies exist;
Page 2
AND WHEREAS there are limited resources to assist administrators or requestors to
navigate the legislative process;
AND WHEREAS reform is needed to address societal and technological changes in
addition to global privacy concerns and consistency across provincial legislation;
NOW THEREFORE BE IT RESOLVED THAT the Ministry of Public and Business Service
Delivery be requested to review MFIPPA, and consider recommendations as follows:
1. That MFIPPA assign the Municipal Clerk, or their designate to be the Head under
the Act;
2. That MFIPPA be updated to address current and emerging technologies;
3. That MFIPPA regulate the need for consistent routine disclosure practices across
institutions;
4. That the threshold for frivolous and/or vexatious actions be reviewed, and take into
consideration the community and available resources in which it is applied;
5. That the threshold for frivolous and/or vexatious also consider the anonymity of
requesters, their abusive nature and language in requests to ensure protection
from harassment as provided for in the Occupational Health and Safety Act;
6. That the application and scalability of fees be designed to ensure taxpayers are
protected from persons abusing the access to information process;
7. That administrative practices implied or required under MFIPPA, including those
of the Information and Privacy Commissioner (IPC), be reviewed and modernized;
8. That the integrity of MFIPPA be maintained to protect personal privacy and
transparent governments; and
9. And that this resolution be sent to the Premier of Ontario; Minister of Municipal
Affairs and Housing; Minister of Public and Business Service Delivery; and
Member of Provincial Parliament for Parry Sound -Muskoka; Muskoka and Area
Indigenous Leadership Table (MAILT); and all Ontario Municipalities."
In accordance with Council's direction, I am forwarding you a copy of the resolution for you reference.
Please do not hesitate to contact me if I can provide any additional clarification in this regard.
Yours truly,
14"
Lori McDonald
Director of Corporate Services/Clerk
Page 18 of 86
1101111110 �M&
ProgIressive by Nature
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Michele Harris, Director of Homes and
Seniors Services
DATE: October 16, 2023
SUBJECT: Homes —Specialized Physician
Agreement — Neurotoxin (i.e. Botox,
Dysport, Xeomin) for Spasticity
Management — Bobier Villa, Elgin Manor,
and Terrace Lodge
THAT the report titled: "Homes — Specialized Physician Agreement — Neurotoxin (i.e.
Botox. Dysport, Xeomin) for Spasticity Management — Bobier Villa, Elgin Manor, and
Terrace Lodge" dated October 16, 2023 from the Director of Homes and Seniors
Services be received and filed; and,
THAT Council approve, and authorize execution by specified representatives, the two
(2) year agreement from November 10, 2023 to November 9, 2025 with Dr. Adam
Kassam for the provision of specialized medical services (spasticity management) to
Bobier Villa, Elgin Manor and Terrace Lodge.
INTRODUCTION:
The Specialized Physician agreement is a requirement of the Fixing Long -Term Care
Act (FLTCA), 2021 and Ontario Regulations 246/22 for the provision of specialized
medical services to the residents of Bobier Villa, Elgin Manor and Terrace Lodge. The
specialized physician role for spasticity management — neurotoxin therapy includes, but
is not limited to, the following responsibilities and duties:
1. Accountability to the Medical Director for meeting the Home's policies,
procedures and protocols for medical services
2. Provision of specialized medical services- i.e. spasticity management -
neurotoxin therapy
3. Communicate with family/substitute decision -maker, provide telephone advice to
Home's staff and completion of resident -specific medical forms and
documentation
Page 19 of 86
K
DISCUSSION:
The Homes had a two (2) prior agreements in place for the provision of spasticity
management medical services with Dr. Adam Kassam whom was highly recommended
by Allergan.
The current agreement ends November 9, 2023, and was highly successful. It has
been confirmed by the Director of Homes and Seniors Services that Dr. Kassam has
interest and willingness in the continued provision of spasticity management services
(including neurotoxin therapy) for the residents of the three (3) County of Elgin Homes.
Under the advice of the Homes medical directors (Dr. Vaughan and Dr. Wong) and in
consultation with the County legal team, the Director of Homes and Seniors Services
has successfully negotiated a two (2) year agreement with Dr. Adam Kassam
(attached).
FINANCIAL IMPLICATIONS:
Specialized physicians bill medical services to Ontario Health Insurance Plan (OHIP)
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
Growing Elgin Investing in Elgin
® Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the
current programs and facilitating commercial, necessary tools,
services with community industrial, residential, resources, and
need. and agricultural growth. infrastructure to deliver
❑ Exploring different
ways of addressing
community need.
❑ Engaging with our
community and other
stakeholders.
Additional Comments:
® Fostering a healthy
environment.
® Enhancing quality of
place.
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
Page 20 of 86
191
INICIPAL PARTNER IMPACT:
None
COMMUNICATION REQUIREMENTS:
Management of Bobier Villa, Elgin Manor and Terrace Lodge; resident and family
council of each Home and the attending physicians/medical directors will be informed of
the specialized physician agreement for the provision of spasticity management
(neurotoxin therapy) for the three County of Elgin Homes.
CONCLUSION:
The specialized physician agreement for spasticity management therapy has been
updated following thorough review and recommendation by the Director of Homes and
Seniors Services and County legal team, and aligns with the requirements of the
FLTCA, Ontario Regulations 246/22. Negotiations with Dr. Adam Kassam support the
recommended changes.
All of which is Respectfully Submitted
Michele Harris
Director of Homes and Seniors Services
Approved for Submission
Don Shropshire
Chief Administrative Officer/Clerk
Page 21 of 86
BETWEEN
_►D
NEUROTOXIN (e.g. BOTOX, DYSPORT, XEOMIN)
FOR SPASTICITY MANAGEMENT SERVICES AGREEMENT
This Agreement made effective on the 10t" day of November, 2023.
ADAM KASSAM
(hereinafter referred to as the "Physician")
Corporation of the County of Elgin
(hereinafter referred to as "Elgin")
OF THE FIRST PART
OF THE SECOND PART
WHEREAS Elgin operates Long -Term Care Homes, including Elgin Manor, Terrace Lodge,
and Bobier Villa, pursuant to the provisions of, among others, the Fixing Long -Term Care Act,
2021, S.O. 2021, c. 39, Sched. 1, as amended from time to time, and the regulations thereto
(the "Act");
AND WHEREAS the Act requires Elgin to enter into an Agreement with any physician
delivering and providing medical services to residents within any Home for the Aged which it
operates;
AND WHEREAS the Physician identified above proposes and desires to deliver and provide
specialized medical consulting and treatment services (hereinafter the "Services") to
resident(s) at a Home or Homes for the Aged operated by Elgin (hereinafter referred to as
the "Facility" or "Facilities");
AND WHEREAS Elgin and the Physician wish to reduce to writing the terms and conditions
under which the Physician will deliver and provide the Services in the Facilities.
NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now
paid by the Physician to Elgin and the mutual covenants hereinafter contained, the receipt
and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
TERM
1.0 This Agreement shall commence and be effective on the 10t" day of November, 2023,
and, unless otherwise terminated pursuant to sections 5.0 to 7.0 below, shall end on
the 9t" day of November, 2025.
Page 22 of 86
OBLIGATIONS OF ELGIN
2.0 During the term of this Agreement, Elgin shall:
2.1 upon request, make available to the Physician legible photocopies of all relevant
legislation, including but not limited to the Act, and all policies and protocols
relating to the delivery and provision of medical services to residents of the
Facilities;
2.2 provide and allow the Physician reasonable access into the Facility/Facilities
and, furthermore, during such period of access and for purposes of delivery and
provision of Services identified herein, arrange for reasonable cooperation of
medical and administrative staff at the Facility/Facilities;
2.3 provide the Physician with access to all orientation and training prescribed in the
Act; and
2.4 make available to the Physician access to the Home's electronic medical records
system, on condition that the Physician is at all times in compliance with any and
all relevant policy, procedure, and/or protocol approved by Elgin and then in
effect at the Facility or Facilities and any relevant legislation then in effect,
including but not limited to the Personal Health Information Protection Act, 2004
(Ontario).
QUALIFICATIONS/GENERALOBLIGATIONS OF PHYSICIAN
3.0 During the term of this Agreement, the Physician:
3.1 shall at all times remain a legally qualified medical practitioner licensed to
practice medicine in the Province of Ontario and shall be a member in good
standing of "The College of Physicians and Surgeons of Ontario";
3.2 shall possess, hold, and maintain any and all certificates, qualifications, and
licenses for delivery and provision of the Services contemplated by and referred
to in this Agreement or any Schedule hereto;
3.3 shall deliver and provide the Services identified in Schedule "A" hereto in a safe,
prudent, professional, and proper manner, in accordance with his or her
education, training, and experience, and at all times in keeping with the rules,
regulations, protocols, and practices for such Services as established by all
required certifying and/or licensing body or bodies;
3.4 throughout the Term of this Agreement, shall obtain, maintain, and, upon
demand, provide evidence of current and valid compensation and/or insurance
coverages and limits in relation to the services contemplated by this Agreement
and as acceptable to Elgin, including either pursuant to the Canadian Medical
Protective Association ("CMPA") or otherwise under a policy of insurance issued
to the Physician by a licensed insurance carrier carrying on business in the
Page 23 of 86
Province of Ontario and under which policy the Corporation of the County of Elgin
will be named as an additional insured, in which latter regard the Parties hereto
acknowledge a current minimum policy limit of FIVE MILLION DOLLARS
($5,000,000.00) per occurrence, and further thereto and upon request of Elgin,
provide proof of such insurance coverage to Elgin by its Director of Homes and
Senior Services (hereinafter the "Director');
3.5 on the advice of the Medical Director for the Facility/Facilities, obtain and
maintain the approval of the Director for access to the Facility/Facilities and
permission to deliver and provide the Services to residents of the
Facility/Facilities as contemplated by this Agreement;
3.6 to the satisfaction of the Medical Director of the Facility/Facilities, to whom the
Physician shall be accountable, comply with all policies, protocols, rules,
regulations, and standards for the delivery and provision of medical care to
residents of the Facility/Facilities;
3.7 in relation to the Services identified in Schedule "A" hereto, assess and evaluate
the condition of any resident or residents of the Facility/Facilities requiring
treatment and thereafter develop and implement an appropriate plan of care
incorporating those Services and provided further that, where necessary, the
Physician shall cooperate in the development and implementation of an
interdisciplinary plan of care incorporating the Services contemplated by this
Agreement;
3.8 shall at all times document the details of Services and treatment delivered and
provided to any resident or residents of the Facility/Facilities and the ongoing
condition of the said resident or residents during any such period of service or
treatment as contemplated herein in accordance with the policies, rules,
regulations, and practices of Elgin at the Facility/Facilities and to the satisfaction
of the Medical Director and Director;
3.9 in respect of the Services contemplated hereunder, be available for attendance
at the Facility/Facilities to deliver and provide such Services, as requested,
required, and scheduled, to any resident or residents therein and at a frequency
of at least one (1) attendance every three (3) months; and,
3.10 in writing, notify the Medical Director of the Facility/Facilities of an inability and/or
unwillingness to deliver or provide further Services as contemplated herein to
any specific resident or residents and, to the extent possible without violation of
any binding rules of privacy or confidentiality, the reason or basis for such
inability or unwillingness.
3.11 shall cooperate with, participate in, and/or be available during any and all
compliance review conducted by the Ministry of Long -Term Care, or any
successor entity thereto, pertaining to the Services contemplated herein,
including but not limited to inquiries made by any compliance inspector,
advocates, family members, and persons conducting coroner's investigations.
Page 24 of 86
3.12 shall, in the event of a declared pandemic or other state of emergency and in
respect of infection prevention and control measures implemented and in effect
at any Facility or Facilities, co-operate and collaborate with the Director of Homes
and Seniors Services and/or any authorized Administrator or Manager of
Resident Care at such Facility or Facilities to ensure continuation of on -site
and/or virtual attendances for delivery and provision of medical services to any
resident or residents therein.
3.13 shall comply with the requirements of any and all Elgin policies implemented with
regard to health and safety, including any policies dealing with vaccine
requirements, any policies arising out of any Minister's Directive issued pursuant
to section 184 of the Fixing Long -Term Care Act, 2021; and, any other Elgin
policy implemented by Elgin at its sole and absolute discretion.
3.14 shall participate fully in any orientation and training program or programs
required by Elgin and related to the services provided by the Physician and
contemplated by this Agreement.
INDEMNIFICATION
4.0 During the term of this Agreement,
4.1 Elgin agrees to indemnify and save harmless the Physician from and against any
and all claims, demands, damages, actions, or suits, including any award of
costs in respect thereof, arising from or related to assistance provided by any
servant, employee, or agent of Elgin to the physician, other than as directed or
instructed by the Physician, while the Physician delivers or provides any Service
to any resident or residents of the Facility/Facilities as contemplated or
authorized by this Agreement; and,
4.2 Subject to the exception provided for in section 4.1 above, the Physician agrees
to indemnify and save harmless Elgin from and against any and all claims,
demands, actions, or suits, including any award of costs in respect thereof, as
arising from or related to:
4.2.1 the delivery or provision of Services by the Physician to any resident or
residents of the Facility/Facilities as contemplated or authorized by this
Agreement, and
4.2.2 the breach or default of any obligation of the Physician under this
Agreement.
TERMINATION
5.0 This Agreement may be terminated by either Party hereto on at least one hundred and
twenty (120) days written notice from one Party to the other Party, provided that, in the
event of default in respect of any obligation hereunder, this Agreement may be
Page 25 of 86
terminated on thirty (30) days written notice by the Party not in default to the Party in
such default, within which thirty (30) day period the party in default shall have a period
incorporating the first seven (7) days after notice is delivered to end and/or remediate
such default.
6.0 In the event that the Physician becomes unable or unwilling to perform his or her
obligations hereunder or otherwise deliver or provide the Services as contemplated
herein for a period of one hundred and twenty (120) consecutive days due to physical,
psychological, or mental illness, injury, or condition, then Elgin may terminate this
Agreement on thirty (30) days written notice to the Physician.
7.0 In the event of death of the Physician during the term of this Agreement, then this
Agreement shall be deemed as terminated as of the date of death of the Physician.
MISCELLANEOUS
8.0 Any notice required or permitted to be given under this Agreement shall be in writing
and shall be served personally or sent by prepaid registered mail addressed as follows:
8.1 To the Physician at: 625 Runnymede Road
Toronto, Ontario M6S 3A3
8.2 To Elgin at: 450 Sunset Drive
St. Thomas, Ontario N5R 5V1
9.0 Either Party may from time to time change its address and recipient for service by notice
to the other Party as previously set out.
10.0 For the purposes immediately set forth above, Notices which are served in the manner
set out above shall be deemed sufficiently given for all purposes of this Agreement, in
the case of those personally served, on the date of such service, and in the case of
registered mail, on the third postal delivery day following the mailing of the Notice.
Should normal service of mail be interrupted by strikes, slowdown or other cause, then
the Party sending the Notice shall use any similar service which has not been so
interrupted in order to secure prompt receipt of the Notice and for purposes of this
Agreement such service shall be deemed to be personal service.
11.0 All obligations under this Agreement shall be considered as joint and several and any
declaration of invalidity of any such individual obligation shall not invalidate any other
obligation.
12.0 This Agreement may be amended only by written agreement signed by the Parties.
13.0 This Agreement shall be governed by the laws of the Province of Ontario.
Page 26 of 86
14.0 This Agreement and the obligations hereunder shall enure to the benefit of and be
binding upon the Parties to this Agreement and any subsequent heirs, administrators,
successors, and assigns, as the case may be.
15.0 This Agreement may be executed in counterparts and when taken together such
counterparts shall be deemed to be an original, fully executed agreement. This
Agreement and any other documents to be delivered in connection herewith may be
electronically signed. Any electronic signatures appearing on this Agreement or such
other documents are deemed to be originals for the purpose of validity and
enforceability.
IN WITNESS WHEREOF the Parties hereto have set their hands and seals hereto, either
personally or by duly authorized representatives over its corporate seal as affixed, at the
location and on the date and year as first set forth below.
Signed, Sealed, and Delivered
In the presence of
(date and location as indicated)
Witness-
Name-
Date-
Location-
Date-
Location- Central Elgin
Name: Dr. Adam Kassam
Corporation of the County of Elgin
per-
Name: Ed Ketchabaw
Position: Warden
per-
Name- Don Shropshire
Position: Chief Administrative Officer
We have authority to bind the
Corporation
Page 27 of 86
SCHEDULE `A'
Services
The Physician shall:
(a) visit the resident as frequently as deemed necessary by the resident's health
status relating to Neurotoxin (ie. Botox, Dysport, Xeomin) for Spasticity
Management therapy treatment and, in accordance with the Home's policy, attend
to any problems, and write appropriate orders and/or progress notes at the time of
the visit;
(b) countersign all verbal orders / directions within ninety (90) days;
(c) comply with applicable legislation;
(d) provide an opportunity for the resident / substitute decision -maker to participate
fully in the development and revision of the resident's medical care plan related to
Neurotoxin (ie. Botox, Dysport, Xeomin) for Spasticity Management therapy
treatment;
(e) communicate with the resident, resident's family or substitute decision -maker, as
appropriate, which shall include providing information to them regarding the
resident's health status related to Neurotoxin (ie. Botox, Dysport, Xeomin) for
Spasticity Management therapy treatment. The physician shall document details of
such communication in the resident's medical records;
(f) as qualified, refer residents to the appropriate medical consultants and/or other
health practitioners (ie. physiotherapists, occupational therapists, social workers,
speech therapists) when indicated;
(g) make reasonable efforts to provide to residents under his or her care, the
following:
i. communication with family / substitute decision -maker
ii. telephone advice to Home's staff
iii. completion of resident -specific medical forms (as related to the Services
contemplated herein)
(h) follow and comply with any policies relating to required medical documentation,
including those having regard to and implementing an interdisciplinary approach,
and including policies in effect from time to time in the Facility or Facilities as well
as policies or best practices required or recommended by applicable regulatory
bodies.
(i) ensure that all of his or her documentation is current, clear, legible (as applicable),
dated and signed.
Page 28 of 86
Date: November 10, 2023
CORPORATION OF THE
COUNTY OF ELGIN
and
ADAM KASSAM
Neurotoxin (ie. Botox, Dysport,
Xeomin) for Spasticity Management
Services Agreement
Michele Harris
Director of Homes and
Seniors Services
450 Sunset Drive
St. Thomas, ON N5R 5V1
Page 29 of 86
E191,11,
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Michele Harris, Director of Homes and
Seniors Services
DATE: October 17, 2023
SUBJECT: Homes — Physiotherapy Services —
Extension of Agreement
THAT the report titled "Homes — Physiotherapy Services — Extension of Agreement"
dated October 17, 2023 from the Director of Homes and Seniors Services be received
and filed; and,
THAT Council authorize the increase in physiotherapy service fees for the period of
January 1, 2024 — December 31, 2025; and,
THAT the Warden and Chief Administrative Officer be authorized to sign an agreement
to extend physiotherapy services for a two-year term from January 1, 2024 — December
31, 2025 with Achieva Health.
INTRODUCTION:
This report seeks council approval for the extension of agreement (two-year term) for
physiotherapy services for the County of Elgin Homes with the current physiotherapy
provider, Achieva Health.
BACKGROUND AND DISCUSSION:
Long -Term Care Home legislation requires Long -Term Care Home (LTC) operators to
provide a number of onsite therapy services. Every LTC must provide therapy services
either through a contracted physiotherapy service provider, or have on staff qualified
regulated health professionals including physiotherapist, occupational therapist, and
physiotherapy assistants.
Physiotherapy services include, but are not limited to the following:
Page 30 of 86
2
• on -site physiotherapy proviaea to residents on an inaiviauanzea
group setting based on residents' assessed care needs
• occupational therapy for mobility and seating assessment/needs
• positioning, transferring and mobility assessment, education and
• passive and active range of motion
• individualized and group exercise
basis or in a
The County of Elgin Homes (Bobier Villa, Elgin Manor and Terrace Lodge) currently has
a three-year agreement with Achieva Health for physiotherapy services with an end
date of December 31, 2023.
The agreement provides for an opportunity to extend the contract for an additional two-
year term in accordance with section 7.6 of the Procurement Policy, subject to
satisfactory performance during the initial tree -year contract term.
Elgin County Homes has received higher than satisfactory performance from Achieva
Health with positive resident outcomes. As such, Elgin County Homes wishes to
pursue the extension of the contract with Acheiva Health for the period of January 1,
2024 — December 31, 2025.
The current three-year agreement did not provide for an increase in fees during the term
of the agreement. In discussion with Achieva Health, who has expressed
interest/support in an extension of agreement, a request has been made for a modest
increase to fees in both 2024 and 2025 to support retention of current providers and to
maintain the current level of physiotherapy onsite services.
FINANCIAL IMPLICATIONS:
The request for a modest increase to physiotherapy services can be supported through
the Ministry of Long -Term Care "Program and Support Services" (PSS) envelope and
the "Allied Health Professional" (AHP) funding. Pending Council approval, staff will
work with Elgin County Corporate legal staff to support the development of an extension
of agreement for signing.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Page 31 of 86
serving tigin
❑ Ensuring alignment of
current programs and
services with community
need.
❑ Exploring different
ways of addressing
community need.
❑ Engaging with our
community and other
stakeholders.
Additional Comments:
3
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth.
® Fostering a healthy
environment.
® Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
N/A
COMMUNICATION REQUIREMENTS:
Investing in Elgin
❑ Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
Pending council approval, communication to Achieva Health will occur to support
development of an extension of agreement.
CONCLUSION:
Staff recommend the modest increase in physiotherapy service fees to support the
extension of contract for an additional two-year term (January 1, 2024 — December 31,
2025) to support both continuity of care and quality physiotherapy services for Elgin
County Home residents.
All of which is Respectfully Submitted
Michele Harris
Director of Homes and Seniors Services
Approved for Submission
Don Shropshire
Chief Administrative Officer/Clerk
Page 32 of 86
1101111110 �M&
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Michele Harris, Director of Homes and
Seniors Services
Mike Hoogstra, Manager of Procurement
& Risk
DATE: October 12, 2023
SUBJECT: Pharmacy Services at Elgin County
Homes — Contract Award
THAT the contract for Pharmacy Services at Elgin County Homes be awarded to
Advantage Care Pharmacy for a three-year term; and,
THAT staff be authorized to extend the contract for an additional two, two-year terms for
a potential seven (7) year contract in accordance with section 7.6 of the Procurement
Policy, subject to satisfactory performance and mutual agreement between both parties
during the initial three-year contract term; and,
THAT the Warden and Chief Administrative Officer be authorized to sign the contract.
INTRODUCTION:
This report provides details on the Request for Proposal (RFP) for Pharmacy Services
at the County's three Long -Term Care Homes (LTCH's) and seeks Council's approval to
award the contract.
At the September 12t" County Council meeting, Council approved a staff
recommendation to extend the current agreement for Pharmacy Services to January 29,
2024. The extension allowed for additional time to support the evaluation process and a
potential transition to occur outside of the holiday season to provide registered staff and
management time to complete training and system changes to support a successful
transition.
Page 33 of 86
K
DISCUSSION:
An RFP for Pharmacy Services was issued on June 12, 2023 requesting that
Proponents provide a proposal for providing pharmacy services for the County's
LTCH's. The RFP document is attached to this report as Attachment 1.
The RFP closed on July 14, 2023 and six (6) proposals were received.
Information that was advertised and posted on the County's Bid Portal page
I[,) dsandt ndei �.,.a. including dates, proposals submitted and a
complete plan takers list is attached to this report as Attachment 2.
The Evaluation Committee (refer to Attachment 3) began evaluating on July 18, 2023. The
committee members scored each proposal based on the following criteria:
i) Understanding of services to be provided, service capacity, compliance,
comprehensiveness, quality of service and completeness of the Proposal;
ii) Understanding of the scope of services including service and product delivery;
iii) Implementation plan;
iv) Pharmacy team including experience and skills in Long -Term Care, history and
commitment to innovation;
v) Additional add -on -service over and above the services requested in the RFP to
anticipate emerging long-term care needs;
vi) References indicating pervious experience in providing such services for similar
projects and on which the County can make an equally valid assessment of
qualifications.
Due to evaluations occurring during the summer vacation period, the evaluation was
extended to allow all committee members time to thoroughly complete their evaluations.
Once the evaluations were completed, a short-list of three pharmacies was identified and
they were invited to meet with the evaluation committee to provide a presentation
highlighting their services and pharmacy care team.
Presentations occurred on September 7, 2023. After the presentations were completed,
and follow up questions responded to, the evaluation committee scored each
presentation. The scores from the initial stage and presentation stage were combined.
Reference checks were completed and the committee met again on October 3, 2023.
The committee is recommending that Advantage Care Pharmacy be selected and
awarded the contract.
The proposal submitted by Advantage Care Pharmacy was the highest scoring qualified
proposal and thus represented the best complete quality submission. All Proponents that
submitted a proposal to the County will be advised of the contract award and will be
offered a debriefing of their individual proposal submission.
Page 34 of 86
191
Once the agreement is signed, staff will begin discussions with the current provider and
Advantage Care to ensure a successful transition of pharmacy services which is planned
for the week of January 29, 2024.
FINANCIAL IMPLICATIONS:
There are no financial costs incurred by Elgin County Homes as contracted pharmacies
within the long-term care sector receive funding for Pharmacy services directly from the
Ministry of Long -Term Care.
The proposal submitted by Advantage Care Pharmacy does offer value added
enhancements which will support medication administration related costs, support
educational opportunities for Home staff and enhance the level of services available for
residents.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment of
current programs and
services with community
need.
❑ Exploring different
ways of addressing
community need.
❑ Engaging with our
community and other
stakeholders.
Additional Comments:
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth
® Fostering a healthy
environment.
® Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
None
Investing in Elgin
❑ Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
Page 35 of 86
CI
COMMUNICATION REQUIREMENTS:
Registered staff, Elgin County Homes residents and substitute decision makers will be
notified of the change in pharmacy providers and applicable details to support the
transition in services to Advantage Care Pharmacy.
CONCLUSION:
As detailed above, the evaluation committee completed an evaluation and selection
process in accordance with RFP No. 2023-P26 and subsequently the proposal
submission from Advantage Care Pharmacy was deemed the highest scoring qualified
proposal and is recommended for award.
Advantage Care Pharmacy offers a progressive service which offers innovation in
technology, guarantees integrated quality improvement activities within each home and
process improvements focusing on medication safety, efficiencies in care and services,
improved job satisfaction and quality of work life for Registered Staff. The value-added
services provide a significant opportunity to the Homes to support staffing costs
resulting from the implementation of new pharmacy services as well as increased
opportunity for education.
All of which is Respectfully Submitted
Michele Harris
Director of Homes and Seniors Services
Mike Hoogstra
Manager of Procurement & Risk
Approved for Submission
Don Shropshire
Chief Administrative Officer / Clerk
Page 36 of 86
NlcIlnin,ieiq� I
�rq�Od 0
Y
PHARMACY SERVICES
Elgin County Long -Term Care Homes
REQUEST FOR PROPOSAL
No. 2023-P26
Proposals shall be received by the Bidding System no later than:
Issue Date: June 12, 2023
July 14, 2023 @ 3:00 p.m. (local time)
Page 37 of 86
ttac nun ent I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
INDEX
DEFINITIONS AND INTERPRETATIONS.................................................................................................... 3
SECTION 1.0 - INFORMATION TO PROPONENTS................................................................................... 4
1.1 Introduction and Background........................................................................................ 4
1.2 Proposal Format and Delivery.......................................................................................4
1.3 Designated Official......................................................................................................... 5
1.4 Questions / Inquiries...................................................................................................... 5
1.5 Addenda..........................................................................................................................5
1.6 RFP Schedule.................................................................................................................. 6
1.7 Proponent Communications.......................................................................................... 6
1.8 Proponent Investigations............................................................................................... 6
1.9 Notice of No Response................................................................................................... 7
SECTION 2.0 -TERMS OF REFERENCE..................................................................................................... 8
2.1
Introduction....................................................................................................................
8
2.2
Background.....................................................................................................................
8
2.3
Term of Contract............................................................................................................
8
2.4
Obligations......................................................................................................................8
2.5
Delivery Schedule...........................................................................................................9
2.6
Visiting Schedule..........................................................................................................
10
2.7
Filling Prescriptions......................................................................................................
10
2.8
Ordering Frequency.....................................................................................................
10
2.9
Packaging......................................................................................................................10
2.10
Re -allocation of Drugs..................................................................................................
11
2.11
Destruction of Drugs....................................................................................................
11
2.12
Drugs Not Covered by Ontario Drug Benefits Plan .....................................................
11
2.13
Drug Interaction Program and Drug Audits................................................................
11
2.14
Leave of Absence..........................................................................................................
12
2.15
Emergency Service.......................................................................................................
12
2.16
Emergency Drug Supply Cabinet.................................................................................
12
2.17
Resident Records..........................................................................................................
12
2.18
Operating Supplies.......................................................................................................
13
2.19
Qualification & Professional Standing.........................................................................
13
2.20
Education and Training................................................................................................
13
2.21
Publications and Specialties.........................................................................................
13
2.22
Quarterly Review..........................................................................................................
14
2.23
Medication Carts..........................................................................................................
14
2.24
Additional Carts............................................................................................................
14
2.25
Fax Machines and Bar -Coding Technology.................................................................
15
2.26
Availability and Committee Involvement....................................................................
15
2.27
Sharps Containers.........................................................................................................
15
2.28
Value Add On Services.................................................................................................
15
1
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PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
2.29 Payment / Co-Payments.............................................................................................. 15
2.30 Security Clearance - Police Record Checks................................................................. 16
2.31 Immunization................................................................................................................ 16
2.32 Infection Control Measures......................................................................................... 16
2.33 Mandatory Education.................................................................................................. 16
SECTION 3.0 - PROPOSAL REQUIREMENTS.......................................................................................... 17
3.1 Proposal Submissions................................................................................................... 17
3.2 Proposal Submission Requirements............................................................................ 17
3.3 Evaluation Process........................................................................................................ 18
3.4 Evaluation Criteria........................................................................................................ 19
3.5 Ratings...........................................................................................................................20
3.6 Presentation and Interview......................................................................................... 20
SECTION 4.0 - GENERAL CONDITIONS..................................................................................................
22
4.1
Rights of the County.....................................................................................................
22
4.2
Conflict of Interest........................................................................................................
23
4.3
Modified Proposals......................................................................................................
23
4.4
Disqualification of Proponents....................................................................................
23
4.5
Confidentiality..............................................................................................................
23
4.6
Proposal Assignments..................................................................................................
24
4.7
Purchasing Policy..........................................................................................................
24
4.8
Failure to Perform........................................................................................................
24
4.9
Award and Agreement.................................................................................................
24
4.10
Insurance Requirements..............................................................................................
24
4.11
Indemnification............................................................................................................
25
4.12
WSIB Requirements.....................................................................................................
25
4.13
Compliance with the Accessibility for Ontario with Disabilities Act 2005 ................
26
4.14
Disqualification.............................................................................................................26
4.15
Record and Reputation................................................................................................
26
4.16
Proponent's Costs........................................................................................................
27
4.17
Legal Matters and Rights of the County......................................................................
27
4.18
Human Rights, Harassment and Occupational Health and Safety ............................
28
4.19
Covid-19 Pandemic.......................................................................................................
29
4.20
Clarification...................................................................................................................29
4.21
Supplementary Information........................................................................................
29
4.22
Default / Non-Performance.........................................................................................
29
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MI cIhn,ieuq� I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
DEFINITIONS AND INTERPRETATIONS
The following definitions apply to the interpretation of the Request for Proposal Documents;
1. "Addenda or Addendum" means such further additions, deletions, modifications or other changes
to any Request for Proposal Documents.
2. "Authorized Person" means;
i. For a Proponent who is an individual or sole proprietor that person.
ii. For a Proponent which is a partnership, any authorized partner of the Proponent.
iii. For a Proponent which is a corporation:
a) any officer of director of the corporation; and
b) any person whose name and signature has been entered on the document
submitted with the Request for Proposal, as having been authorized to participate
in the completion, correction, revision, execution, or withdrawal of the submission,
whether that person is or is not an officer or director.
iv. For a Proponent that is a joint venture, the submission shall be signed by a person for and
on behalf of each joint venture or, if they warrant that they have the authority vested in
them to do so, one person so authorized may sign on behalf of all joint ventures.
3. "Bidding System" means the County's bid portal website operated by bids&tenders'" and posted
as https://elgincounty.bidsandtenders.ca/Module/Tenders/en
4. "County" refers to the Corporation of the County of Elgin.
5. "Designated Official" refers to the Manager of Procurement & Risk for the County of Elgin.
6. "Pharmacist" means an accredited pharmacist registered and in good standing with the College that
is employed by the Pharmacy to provide clinical and consulting services.
7. "Pharmacy" or "Pharmacy Provider" means the highest scoring Proponent that enters into a
contract with the County for the provision of the work.
8. "Proposal" means the Response in the form prescribed by this Request for Proposal (RFP) document
and completed and submitted by a Proponent in response to and in compliance with the RFP.
9. "Proponent" means the legal entity submitting a proposal.
10. "Request for Proposal" or "RFP" means the document issued by the County in response to which
Proponents are invited to submit a proposal that will result in the satisfaction of the County's
objectives in a cost-effective manner.
11. "Successful Proponent" means the Proponent whose proposal has been approved by the County.
3
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AttaclnuT ent .I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
SECTION 1.0 - INFORMATION TO PROPONENTS
1.1 Introduction and Background
The County of Elgin is situated in the heart of southwestern Ontario along the north shore of Lake Erie
and due south of Highway 401 in what can be best described as a rich agricultural zone complemented
by industry. The County is an upper -tier municipality comprised of seven local municipalities covering an
area of 460,000 acres, with a population of approximately 52,000 people. For more information on the
County and the services we provide, visit www®elincounty®ca
The County is inviting proposals from qualified pharmacy service providers to provide Pharmaceutical
Services and applicable supports for the residents who reside at the County's three Long Term Care
Homes. Further information regarding the scope of work is included in Section 2.0.
1.2 Proposal Format and Delivery
PLPCTROINflC III'11110POSAL ;"! i.IVBIV'illl;"! SIONS 01YU11, shall be received by the Bidding System. Hardcopy
submissions not permitted.
All Proponents shall have a Bidding System Vendor account with bids&tenders'" and be registered as a
Plan Taker for this RFP opportunity, which will enable the Proponent to download the Request for Proposal
document, download Addendums, receive email notifications pertaining to this RFP and to submit their
proposal electronically through the Bidding System.
Proponents are cautioned that the timing of their proposal submission is based on when the proposal is
RECEIVED by the Bidding System, not when a proposal is submitted, as proposal transmission can be
delayed due to file transfer size, transmission speed, etc.
For the above reasons, it is recommended that sufficient time to complete your proposal submission and
attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date shall be
determined by the Bidding System's web clock.
Proponents should contact bids&tenders'" support listed below, at least twenty-four (24) hours prior to
the closing time and date, if they encounter any problems. The Bidding System will send a confirmation
email to the Proponent advising that their proposal was submitted successfully. If you do not receive a
confirmation email, contact bids&tenders'" support at support@bi san ten ers.ca.
Late Proposals are not permitted by the Bidding System.
To ensure receipt of the latest information and updates via email regarding this RFP, or if a Proponent has
obtained this RFP document from a third party, the onus is on the Proponent to create a Bidding System
Vendor account and register as a Plan Taker for the RFP opportunity.
Proponents may edit or withdraw their proposal submission prior to the closing time and date. However,
the Proponent is solely responsible to ensure the re -submitted proposal is received by the Bidding System
no later than the stated closing time and date.
4
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The onus unequivocally remains with the Proponent toe nsure that the proposal is submitted electronically
prior to the deadline and in accordance with the submission instructions.
The County, its elected officials, employees and agents shall not be responsible for any liabilities, costs,
expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by
reason of the acceptance, or non -acceptance by the County of any proposal, or by reason of any delay in
the acceptance of any proposal.
The County shall not be liable for any cost of preparation or presentation of proposals, and all proposals
and accompanying documents submitted by the Proponent become the property of the County and will
not be returned. There will be no payment to Proponents for work related to, and materials supplied in
the preparation, presentation and evaluation of any proposal, nor for the Contract negotiations whether
they are successful or unsuccessful.
1.3 Designated Official
For the purpose of this contract Mike Hoogstra, Manager of Procurement & Risk for the County is the
"Designated Official" and shall perform the following functions: releasing, recording, and receiving
proposals, recording and checking of submissions; answering queries from perspective proponents,
considering extensions of time, reviewing proposals received, ruling on those not completing meeting
requirements and coordinating the evaluation of the responses.
1.4 Questions / Inquiries
All inquiries regarding this RFP shall be directed through the Bidding System online by clicking on the
"Submit a Question" button for this bid opportunity. Questions submitted through the bidding system
are directed to the Designated Official.
The deadline for submitting questions is noted in Section 1.6.
If during the period prior to submission of proposals, the County determines, in its sole and unfettered
discretion, that part of the RFP requires formal amendment or clarification, written addenda to this RFP
will be distributed to all registered Proponents.
No clarification requests will be accepted by telephone, fax or in -person meeting. Responses to
clarification requests will be provided to all interested parties. Inquiries must not be directed to other
County employees or elected officials. Directing inquiries to other than the Designated Official may
result in your submission being rejected.
1.5 Addenda
The County, may at its discretion, amend or supplement the RFP documents by addendum at any time
prior to the closing date. Changes to the RFP documents shall be made by addendum only. Such
changes made by addendum shall be supplementary to and form an integral part of the RFP documents
and should be allowed for in arriving at the total cost. The County will make every effort to issue all
addenda no later than three (3) days prior to the closing date.
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PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
Proponents shall acknowledge receipt of any addenda through the Bidding System by checking a box for
each addendum and any applicable attachment.
It is the sole responsibility of the Proponent to have received all Addenda that are issued. Proponents
should check online at ttps://el incounty. i san ten ers.ca/ o ule/Ten ers/en prior to submitting
their proposal and up until the RFP closing time and date in the event additional addenda are issued.
If a Proponent submits their proposal prior to the RFP closing time and date and an addendum has been
issued, the Bidding System shall WITHDRAW the proposal submission and the bid status will change to an
INCOMPLETE STATUS and Withdraw the proposal. The Proponent can view this status change in the "MY
BIDS" section of the Bidding System.
The Proponent is solely responsible to:
• make any required adjustments to their proposal; and
• acknowledge the addenda; and
• Ensure the re -submitted proposal is RECEIVED by the Bidding System no later than the stated RFP
closing time and date.
The Proponent shall not rely on any information or instructions from the County or a County
Representative except the RFP Documents and any addenda issued pursuant to this section.
1.6 RFP Schedule
The RFP process will be governed according to the following schedule. Although every attempt will be
made to meet all dates, the County reserves the right to modify or alter any or all dates at its sole
discretion by notifying all Proponents through the bidding system.
Issue RFP:
Last Date for Questions:
RFP Close:
Interviews/Presentations:
Award of Contract:
Contract Commences:
June 12, 2023
July 7, 2023
July 14, 2023
Late July 2023*
August 8, 2023*
October 1, 2023
*Dates noted above are an approximation only and are subject to change.
1.7 Proponent Communications
Each Proponent is solely responsible to ensure that all contact information for the Proponent is accurate
and updated at all times during the RFP process. Proponents may update or revise their contact
information in their Bidding System Vendor account. All correspondence from the County to a
Proponent will be issued through the Bidding System.
1.8 Proponent Investigations
Each Proponent is solely responsible, at its own cost and expense, to carry out its own independent
research, due diligence or to perform any other investigations, including seeking independent advice,
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considered necessary by the Proponent to satisfy itself as to all existing conditions affecting the Proposal
for this RFP. The Proponents' obligations set out in this RFP apply irrespective of any background
information provided by the County or information contained in the RFP Documents or in responses to
questions.
The County does not represent or warrant the accuracy or completeness of any information set out in
the RFP Documents or made available to Proponents. The Proponents shall make such independent
assessments as they consider necessary to verify and confirm the accuracy and completeness of all such
information as any use of or reliance by Proponents an any and all such information shall be at the
Proponent's sole risk and without recourse against the County.
1.9 Notice of No Resoonse
If you are unable, or do not wish to provide a proposal, please complete a notice of no response form in
the bidding system. It is important to the County to receive a reply from all Proponents.
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REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
SECTION 2.0 - TERMS OF REFERENCE
2.1 Introduction
The Pharmacy shall provide pharmaceutical services for the residents of the three (3) Long -Term Care
Homes owned and operated by the County; Bobier Villa, Elgin Manor and Terrace Lodge.
As part of the program of care for the residents of the Homes, the Pharmacy Provider is expected to take
an active role with other professional staff in all matters related to pharmaceuticals as well as provide the
basic pharmacy service required as outlined in this Request for Proposal.
2.2 Background
The County's Long -Term Care Homes are non-profit facilities under the Long -Term Care Act. Capital
Funds are provided by the Ministry of Health and Long -Term Care (MOHLTC) and the County. Details of
each Home are as follows:
Home
Number of Beds
Number of RHA's
Bobier Villa
57
2
1 Bobier Lane, Dutton
Elgin Manor
90
3
39262 Fingal Line, St. Thomas
Terrace Lodge
100
4
475 Talbot Street East, Aylmer
The Long -Term Care facilities are fully accredited by Commission on Accreditation of Rehabilitation
Facilities (CARF) and the services offered are Long Term Care.
2.3 Term of Contract
The term of contract is a three (3) year term, commencing on or about October 1, 2023 to September 30,
2026. The County at its discretion may extend the contract up to an additional two (2), two (2) year
terms upon mutual agreement between both parties.
2.4 Obligations
a) The Pharmacy Provider shall be an accredited pharmacy licensed by the Ontario College of
Pharmacist and must be the holder of a certificate of accreditation for the operation of a
pharmacy under section 139 of the Drug and Pharmacies Regulation Act. All pharmacists and
pharmacist technicians employed by the Pharmacy are to adhere to the Guidelines for the
Practice of Pharmacy as issued by the Ontario College of Pharmacists.
b) The Pharmacy Provider shall be dedicated to the safety, well-being and enhancement of the
quality of life of all residents and shall deliver services in a manner consistent with the overall
purposes of the Homes. The Pharmacy and all staff shall agree to work with members of the
Home's health care teams in order to attain the highest quality of resident care possible. In
8
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PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
working with staff, the Pharmacy Provider and staff shall provide guidance and collaborate
with the Home in development, monitoring and maintaining the medication management
system and pharmaceutical services.
c) The pharmacy will show evidence of a sound and historical experiential base in Long -Term
Care and will demonstrate historical innovations in serving Long -Term Care and a commitment
to future innovations in service delivery of pharmacy services in Long -Term Care.
d) Provide and support a medication management system with written policies and protocols (in
accordance with evidence -based practices) to ensure the accurate acquisition, dispensing,
receipt, storage, administration, and destruction and disposal of all drugs used in the Home(s).
The medication management system will follow legislative requirements.
e) Participate in quarterly and annual evaluation of the medication management system as per
legislative requirements.
f) Participate in the following activities:
➢ Development of medication assessments, medication administration records and records
for medication reassessment and the maintenance of medication profiles
➢ Evaluation of therapeutic outcomes of drugs for residents
➢ Risk management and quality improvement activities, including reviews of medication
incidents, adverse drug reactions, incidents of severe and unresponsive hypoglycemia and
drug utilization, including for glucagon utilization.
➢ Developing audit protocols for the pharmacy provider to evaluate the medication
management system.
➢ Educational support to the staff of the Home(s) in relation to drugs
➢ Drug destruction as per legislative requirements.
➢ Monitoring/tracking/reporting and prompt follow up of medication incident and adverse
drug reactions as per legislative requirements
2.5 Delivery Schedule
a) The County requires set delivery times for each home that meet the operational/resident
medication related needs of the Home.
b) Repeats of ordered medications for each resident, is scheduled on a seven (7) day cycle.
Prescriptions, new and repeat, shall be delivered to Homes on a daily basis, Monday through
Friday, no later than 7:00 pm.
c) Medication cards and strip packages must clearly identify a re -order point and repeat prescription
orders will utilize re -order labels and/or other acceptable process (e.g. scanners as provided by
the pharmacy) as approved by the Home(s).
d) The pharmacy will coordinate at its expense all pharmacy deliveries to the Homes which is
acceptable to the Manager of Resident Care.
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PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
e) Immediate deliveries shall be provided for emergencies and must be available, as per O. Reg.
246/22, s.128 (4) (a) to provide drugs to the Home(s) on a 24-hour basis, seven days a week.
Emergencies will be determined by the Home.
2.6 Visiting Schedule
a) A regular on -site visitation schedule shall be established for the Homes (see section 3.2 d). The
pharmacist shall inspect medication cards and drug storage rooms, audit the drug system as per
legislative and Home requirements and be prepared to meet with authorities when requested.
b) The Homes will provide a work area for the pharmacist.
c) A pharmacist will be available to respond in a timely manner (within 24 hours for non -urgent
matters, and within 4 hours for urgent matters) by telephone/email communication and, further
thereto, will attend a Home should a situation develop that requires the presence of a
pharmacist.
2.7 Filling Prescriptions
a) The filling of all prescriptions as authorized by the Homes resident's attending physician, shall be
in accordance with the requirements of the Ontario Health Disciplines Act and Regulations, shall
be the Ontario Drug Benefit Act and the Prescription Drug Cost Regulation Act and the regulations
made thereunder, and in compliance with the policies of the County of Elgin.
b) The pharmacy will have the ability to provide a full electronic medication ordering, administration
and documentation system that aligns with evidence -based practices and safety. This includes, at
minimum, digital technology, medication safety related technology and electronic MARS and
TARS.
c) The clinical documentation software package currently being used by the Homes is Point Click
Care and the software provided by the Pharmacy must have the ability to interact with Point Click
Care, MSTP technology and Minimum Data Set — Resident Assessment Instrument (MDSRAI).
d) The Homes are currently utilizing IMM and the PCC secure conversations module and are wanting
to be prioritized for computerized physician order entry (CPOE) as per the PCC practitioner
engagement module.
2.8 Ordering Frequency
a) The Homes shall have the option of re -ordering on a daily, weekly or monthly basis. Delivery
times must be approved by the Homes and must be no later than 7:00 pm on the date of delivery.
b) New orders, telephone orders, repeat orders and immediate delivery of stat and/or emergency
orders may be submitted twenty-four (24) hours a day.
2.9 Packaging
a) A 7-day system strip packaging system is required.
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REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
b) All oral, solid dose medications shall be provided in an appropriate packaging system including
half or multiple tabs. There shall be the option of one or two packages for alternate doses. Brand
name and Generic name of medication shall be printed on package. The appropriate medication
packaging system will be determined upon mutual agreement between the County and the
Pharmacy.
2.10 Re -allocation of Drugs
a) The re -allocation of unused drugs to another resident within the Homes shall be permitted where
such re -allocation is deemed acceptable in the professional judgement of the
pharmacists/Manager of Resident Care. Nevertheless, such re -allocation will be permitted only in
exceptional circumstances such as a drug shortage and only as permitted per the Ministry of
Health and Long -Term Care Home legislation/regulations.
2.11 Destruction of Drugs
a) The pharmacist shall be available to visit each Home monthly, to assist in the identification of the
medication(s) which is no longer suitable or usable.
b) The pharmacist will provide, at no additional cost, an approved waste management container and
arrange a regular scheduled pickup of the containers, as approved by the Homes.
c) The pharmacist will be responsible for the proper disposal of all medication identified for
destruction, in an environmentally acceptable manner, as required per the Fixing Long -Term Care
Act, and related legislation and in accordance with the policies of the County as adopted for the
Homes.
2.12 Drugs Not Covered by Ontario Drug Benefits Plan
a) The pharmacy will co-ordinate and co-operate with the Medical Director and Attending
Physicians for each Home in relation to any applications for availability and dispensing of drugs
not covered by the Ontario Drug Benefits Plan.
2.13 Drug Interaction Program and Drug Audits
a) The pharmacist shall participate in an ongoing drug interaction program and advise the Home
when a possible drug/drug or drug/food interaction may take place. The dispensing pharmacist
will assume responsibility for reviewing each drug profile, prior to filling any new prescriptions.
b) The pharmacy shall demonstrate a record of low incidence of pharmacy related medication
incidents. The pharmacy shall provide an electronic medication incident reporting system. All
medication incidents shall be followed up in a timely manner (same day where possible) to
prevent reoccurrence.
c) The pharmacy shall provide a system for monthly and quarterly nursing and pharmacy
medication incident analysis and follow-up.
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2.14 Leave of Absence
a) The Pharmacy shall ensure a protocol is in place for resident(s) and/or his or her personal
representative for taking prescribed drugs by such resident during a leave of absence from the
Home or while on vacation.
2.15 Emergency Service
a) Emergency Service dispensing, delivery and IT Support/Help Desk must be available twenty-four
(24) hours per day, three hundred and sixty-five (365) days per year, or other suitable
arrangement agreed to by both parties.
2.16 Emergency Drug Supply Cabinet
a) At no cost to the County, the pharmacy will provide and stock a minimum of two (2) emergency
drug supply cabinets at each home.
b) Drug inventory within such cabinets shall be determined by the Pharmacist, Manager of Resident
Care and Medical Director and shall follow a written policy and procedure for reordering, access,
use and tracking/documentation.
c) Prescriptions will be issued for restocking the cabinets and no dispensing fee will be added for
these prescriptions.
d) An annual evaluation of the ER drug cabinets will be completed and any recommended changes
will be implemented.
2.17 Resident Records
a) Complete "resident profiles" shall be maintained for each resident. No prescription shall be filled
until current medications are reviewed by the dispensing pharmacist. All resident records must be
maintained on a computerized system. The pharmacy shall provide statistical information, in
electronic format, as requested, or agreed. The nursing software package currently being used by
the County is Point Click Care.
b) The Homes will have the option to determine:
➢ order and amount (which exceeds the legislated minimum) of information for each
prescription;
➢ terminology used;
➢ the grouping of orders - e.g. inhalations, combination of drugs etc;
➢ use of a separate MAR;
➢ use of a separate Treatment Administration Record (TAR).
c) Each drug order shall be noted or populated on the eMAR/eTAR sheets, exactly, as ordered by
the physician.
d) Generic drugs may be substituted, provided the specific name of the drug ordered by the
ordering physician is clearly indicated, in the same box on the MAR/TAR sheet.
12
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e) Brand name and generic name shall be clearly printed on the sheets.
2.18 Operating Supplies
a) All forms and related supplies necessary to maintain medication records shall be provided by the
dispensing pharmacy at no cost to the County. This will include, but is not limited to binders for
narcotic count sheets, binders for MAR and TAR sheets (for situations such as when/if internet
fails, etc.), Drug Order Books, plastic divider cards, Change in Direction labels and Cytotoxic labels.
b) The pharmacy will be responsible to provide forms and supplies required to maintain a complete
pharmacy service.
c) Ensure every Resident Home Area has information as per legislative requirements including, but
not limited to, recent and relevant drug reference material, pharmacy contact information,
contact information for at least one poison control center or similar body.
2.19 Qualification & Professional Standing
a) The pharmacy shall be directed by a pharmacist licensed to practice in the Province of Ontario
with sufficient number of support staff to provide the services defined in the contract.
b) The pharmacist shall provide evidence that all required standards have been met, if requested.
c) The pharmacy is required to provide evidence that each pharmacist on staff is a member in good
standing with the Ontario College of Pharmacists.
d) The pharmacy is required to be qualified for and comply with current professional standards and
must demonstrate verbal and written fluency in English.
2.20 Education and Training
a) The pharmacist will develop and present in-service programs, minimum four in -services per year
per Home. Each Home has the right to request additional in -services as required at no extra cost
to the Home. These programs will be held at the Homes and will be available to the staff.
b) The pharmacist will assist in the development of educational materials and distribute alert
bulletins on any problems and for situations that should be brought to the attention of the
Homes medical staff.
c) The pharmacy will provide necessary education and documentation supports to implement an
effective and efficient medication administration system.
d) The pharmacy will provide education on the medication management system for all newly hired
registered staff.
e) The pharmacy will participate in planning for influenza season and pandemic situations.
2.21 Publications and Specialties
a) In each year of the contract, the following publications shall be provided in a timely manner in the
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total quantities shown, for reference purposes, at no cost to the County.
Compendium of Pharmaceutical and Specialities (C.P.S.) - Bobier Villa (2), Elgin Manor (3),
Terrace Lodge (4); or, if agreed, acceptable access to electronic resources
Policy and Procedure Manual - Bobier Villa (2), Elgin Manor (3), Terrace Lodge (4)
2.22 Quarterly Review
a) Every ninety (90) days during the term of the agreement, the pharmacy shall provide individual
computerised drug profiles for each resident, for physician drug reviews. Each medication and/or
treatment shall be listed in the same order as they appear on the eMAR / eTAR.
2.23 Medication Carts
a) Medication carts will be supplied by the pharmacy on an as needed basis at no cost to the
County. The pharmacy may be required to provide one or more than one cart over the term of
the contract as required by the Homes. Medication carts will have self-locking mechanisms. A
secondary locked narcotics bin is required within the cart (i.e. double locked).
The Pharmacy shall provide, at a minimum, the following number of carts at the indicated Home:
- Two (2) medication carts for Bobier Villa
- Three (3) medication carts for Elgin Manor
- Four (4) medication carts for Terrace Lodge
b) Each cart must be fully equipped with an eMAR tablet with a fastenable puncture resistant sharps
container and an area to dispose of used medication cups/garbage.
c) The pharmacy is responsible to ensure that all carts are maintained in a satisfactory working
condition, and will bear all costs related to this requirement, including repairs. Carts are required
to have extra bins for storage, and a top locked cabinet on the cart.
d) All carts must be ergonomically designed for the workplace to maximize productivity and reduce
operator fatigue and discomfort (i.e. height adjustment).
e) Terrace Lodge is currently undergoing redevelopment with Phase 1 recently complete, and will
require reassessment of equipment and technology during Phase 2 and Phase 3 of the project.
2.24 Additional Carts
a) The pharmacy shall provide, at a minimum, the following number of treatment carts at the
indicated Home:
- Two (2) treatment carts for Bobier Villa
- Three (3) treatment carts for Elgin Manor
- Four (4) treatment carts for Terrace Lodge
b) Changes in program over the term of the contract may require additional carts within the Homes.
The pharmacy will provide any such additional carts at no cost to the County. The medication
carts must meet the standards set forth above and any other requirements of the Homes.
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2.25 Fax Machines and Bar -Coding Technology
a) The pharmacy will provide a fax machine to all nursing stations and will cover the cost of
toner/ink cartridges, consumables, maintenance and repairs associated with the machines. The
Pharmacy will provide (two) 2 fax machines at Bobier Villa, 3 (three) fax machines at Elgin Manor
and 4 (four) fax machines at Terrace Lodge.
b) The County will provide each telephone (fax) line required for the pharmacy fax machines.
c) The County is interested in bar coding technology.
2.26 Availability and Committee Involvement
a) The pharmacist shall be available for consultation, as required, including ad hoc attendance at
special and committee meetings as determined by the Homes.
b) The pharmacy will bean active and significant contributor to the Quality Improvement Program
(medication management, skin/wound, falls, etc.), Professional Advisory Committee, CQI meeting
attendance adhoc and ISMP-MSSA. This program will be reflective of the Home's policies and
procedures as well as the standards of the MLTC.
2.27 Sharps Containers
a) The pharmacy will supply sharp containers and a system to dispose of the containers.
b) The Pharmacy will supply, at no additional cost to the County, approved containers for sharps
(including personal sharps, i.e. razors), and cytotoxic drug waste in a quantity acceptable to each
Home. The Pharmacy must have a system to dispose of the containers responsibly.
c) The Pharmacy must arrange for a regularly scheduled pickup of the containers from each Home,
at no additional cost to the County.
2.28 Value Add On Services
a) The pharmacy will outline any additional "add on services" offered over and above what is being
requested in the Proposal to anticipate emerging long-term care needs.
b) Examples of value add on services include education dollars, compassionate relief funds,
equipment vaccine refrigerator, technology and equipment to support MSTP funding initiatives,
reimbursement of pharmacy fax line monthly costs, physician tablets and proprietary closed-
circuit television system (including advertising) for residents, staff and visitors.
2.29 Payment / Co -Payments
a) Payment for the pharmacy services for all Home residents will be made directly to the pharmacy
by the Ministry of Health — Drug Plan Branch on all prescriptions covered by Drug Benefits.
b) Co -Payments shall not be charged for residents of the Homes. The Pharmacy shall incur any co -
payment charges as required.
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c) Any prescriptions filled not covered by the Drug Benefit, will be invoiced monthly directly to the
resident, as approved in advance by the resident/substitute decision -maker.
2.30 Security Clearance — Police Record Checks
a) This Contract is to establish a source for the supply and delivery pharmaceutical services to
residents of the Homes who are vulnerable persons as defined in the Criminal Records Act
(Canada).
b) The Pharmacy shall designate an official of the company in a management position with the
authority to represent and bind the company to conduct Vulnerable Sector Screening checks for
each employee proposed to be directly involved in the performance of the services contemplated
under this Contract.
c) The Pharmacy will require that each employee proposed to be directly involved in the
performance of the work contemplated herein submit, to the designated management official of
the Pharmacy, a police record check dated no greater than 6 months from the date of contract
award for individuals working with vulnerable persons, obtained from the police force where the
employee(s) reside. The Pharmacy will review the police record check and, acting as a reasonable
employer, determine if the employee is suitable for providing services. The police record check
will be submitted, reviewed and a solemn declaration shall be provided to the County before an
employee begins to provide services.
2.31 Immunization
a) The Pharmacy shall ensure that all of its employees, contractors and agents who enter into the
home(s) to provide services pursuant to this Agreement received both seasonal influenza
immunization and pandemic influenza immunization on an annual basis (or, as required per
Ministry directives and/or Home policy). Employees, contractors and agents of the Pharmacy
who have not received current influenza immunizations will not be permitted to enter into the
home(s) during times of influenza outbreak either in such home or widespread in the community
as determined by Public Health.
2.32 Infection Control Measures
a) It is important that the Pharmacy Provider acknowledges that the properties where work is
conducted are operational Long -Term Care Homes. As such, the County may implement public
health measures and protocol in order to assess and reduce health risks and determine which
individuals may gain access to the Homes for the prevention and control of infection and in
specific situations (i.e. infection outbreak management), as necessary. Restrictions and delays
may result. The Pharmacy Provider shall comply with any public health measures and protocol
imposed by the County during the term of the contract.
2.33 Mandatory Education
a) Any pharmacy staff attending the Home(s) are required to complete mandatory education
requirements as outlined in Fixing Long -Term Care Act and related legislation.
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SECTION 3.0 - PROPOSAL REQUIREMENTS
3.1 Proposal Submissions
ELECTROINflC III''1110POSIII.. ;"! 1 1BIV'ill5SIONS 01NIL"11", shall be received by the Bidding System.
Hardcopy submissions not permitted.
Failure to include the submission requirements may result in your proposal being disqualified.
3.2 Proposal Submission Requirements
Proponents shall upload a PDF Proposal Submission to the Bidding System.
The submission shall be no longer than twenty-five (25) single sided pages (Arial 12 font or equivalent),
excluding the Curricula Vitae, copies of professional licenses and appendices. The submission should
include all of the information listed in this Proposal Submission Requirements section.
Each response to a request should clearly identify the section of this RFP to which it is responding (by
number and heading). The Proponent should provide information of sufficient scope and depth to
demonstrate the ability of the Proponent to deliver the services described in this RFP.
Information submitted is subject to verification, and further pertinent information may be obtained
from references.
a) Section A: Overview
Describe your service capacity to render quality, innovative pharmacy services which meet the
College of Pharmacists of Ontario requirements and applicable Long -Term Care
Standards/legislative requirements. Include details such as pharmacy location, size of facility and
number of years in business and indicate your familiarity with the County of Elgin.
b) Section B: Scope of Services
Outline how your service will meet the requirements set out in the Scope of Services / Terms of
Reference.
c) Section C: Implementation Plan
Describe your services and a detailed implementation plan for the delivery of pharmacy services
to the residents of the Homes. This includes but not limited to;
➢ Implementation of electronic medication administration system including orders
management, digital Technology / E-Mar System, provision of equipment, such as but not
limited to software and hardware, set up of such equipment and education for all registered
staff of manuals, systems and documentation process.
➢ Full implementation plan outlining initial delivery dates to final contract start-up including
details of the roll -out of equipment such as delivery of medication carts and medication,
fridges etc.
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➢ Required registered staff and management implementation support and Training.
➢ State of Proponent's position on confidentially and ownership of data, security of the data,
and intrusion protection, back up policy and procedures, provisions for data in the event of
the sale of dissolution of the company or contract termination.
➢ State mode and frequency of delivery of medications.
d) Section D: Pharmacy Team
Identify members of the Pharmacy Team proposed for this contract. For each member of the
Pharmacy Team, identify specific role/specialty, the individual responsible, and their specific
experience.
Include the qualifications and experience of the pharmacist(s) including but not limited to
clinical areas of expertise, experiential base in geriatric medication use, teaching experience,
and experience in participation in quality management programs.
Include the total number of hours per month the Pharmacist will commit for onsite services at
each Home (per section 2.6a).
Include copies of the Pharmacy Teams professional licenses and the pharmacy license.
e) Section E: Additional Features or Services
Describe any other features or services offered by Proponent that will assist in the successful
implementation of pharmacy services, which have not been specified. Examples of additional
value add on services or features are listed in section 2.28.
f) Section F: Client References
Provide at least three (3) references the County may contact. References should be from facilities
that you are currently providing pharmacy services to. References must include the name of the
organization, contact person, phone number and email address. The Proponent must ensure that
the references are aware that they may be contacted as a reference.
3.3 Evaluation Process
Each proposal will be evaluated on its clarity and the demonstrated understanding of the Project
requirements, the services proposed and timeframes, as well as the proponent's experience and the
anticipated benefit to Elgin County. A short list of firms may be created for purposes of an interview or
presentation, should this be required. Proponents may be contacted to explain or clarify their proposals;
however, they will not be permitted to alter information as submitted.
An Evaluation Committee will be established from members of the County or any others as deemed
necessary.
Proposals will be evaluated on the basis of all information provided by the Proponent. Each proposal will
be reviewed to determine if the proposal is responsive to the submission requirements outlined in the
RFP. Failure to comply with these requirements may deem the proposal non -responsive.
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Selection of a proposal will be based on (but not solely limited to) the following criteria and any other
relevant information provided by the Proponent at the time of submission as well as any additional
information provided during subsequent meetings with the Proponent.
In recognition of the importance of the procedure by which a Proponent may be selected, the following
criterion outlines the primary considerations to be used in the evaluation and consequent awarding of
this project (not in any order). The County reserves the right to evaluate and rank each submission using
criterion noted. Actual scores will be confidential.
The County reserves the right to request confidential references for any of the proponent's projects
listed, as well as any of the proponent's other projects, and factor the ratings from all references,
whether completed or in progress.
3.4 Evaluation Criteria
Submissions will be evaluated by an evaluation committee based on the following categories. The
disclosure of the allocated weightings for each category is provided to assist in preparing a proposal that
best meets the requirements of the County.
By responding to this RFP, Proponents agree to accept the decision of the evaluation committee as
final. Proposals will be evaluated based on the following weighted evaluation factors:
Maximum
Rated Criteria
Weight
Points
Understanding of the services to be provided, service capacity, compliance,
15
comprehensiveness, quality of service and completeness of the Proposal.
(Section 3.2A)
Understanding of the Scope of Services including service and product
20
delivery (Section 3.213)
Implementation Plan (Section 3.2C)
25
Pharmacy Team including experience and skills in Long -Term Care, history
25
and commitment to innovation (Section 3.21D)
Additional "add on service" over and above services requested in the
15
Proposal to anticipate emerging long-term care needs. (Section 3.2E)
References indicating previous experience in providing such services for
Pass/Fail
similar projects and on which the County can make an equally valid
assessment of qualifications. (Section 3.2F)
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3.5 Ratings
For consistency, the following table describes the characteristics attributable to particular scores between
0-10.
0
Unacceptable
Did not submit information
1
Very Poor
Information provided does not meet any requirements
2
Poor
Barely meets some requirements, does not meet others.
3
Weak
Minimally addresses some, but not all of the requirement of the scope.
Lacking in critical areas
4
Below Average
Addresses most of the requirements of the criteria to the minimum
acceptable level. Lacking in some areas.
Somewhat
Addresses most, but not all, of the requirements of the criteria to the
5
Satisfactory
minimum acceptable level. May be lacking in some areas that are not
critical.
6
Satisfactory
Adequately meets most of the requirements of the criteria. May be
lacking in some areas that are not critical.
7
Good
Meets all requirements of the criteria.
8
Very Good
Somewhat exceeds the requirements of the criteria.
9
Excellent
Exceeds the requirements of the criteria in ways that are beneficial.
Proposal exceeds the requirements of the criteria in superlative ways /
10
Outstanding
very desirable.
All qualified proposal submissions will be reviewed and evaluated. Additional information may be
requested if necessary.
Only the proposal response and Curricula Vitae requested will be evaluated. Proponents must include all
relevant information in the required page limit restriction identified in section 3.2.
3.6 Presentation and Interview
The County may have the two highest scoring Proponents attend an interview to present the evaluation
team with additional insight into the Proponent's ability to meet the requirements as requested in the RFP.
The County reserves the right to interview more or fewer than two Proponents based on the scoring
results.
The interviews would be conducted by the representatives of the Evaluation Committee either in -person
or via Zoom Web Conferencing. The Pharmacist and Senior staff members assigned to this project must
attend the interview.
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Presentations shall follow this general format:
➢ Introduction of Proponents Project Team (5 minutes)
➢ Proponent Presentation of the Proposal (45 minutes)
➢ Question and Answer Session (10 minutes)
The Proponents will be notified of the final format and exact date and time for interviews / presentations
in advance.
For the interview portion of the evaluation (if required), the County of Elgin will be using the rating
criteria shown below and will evaluate each short-listed Proponent only.
Interview Criteria and Weighting (Second Stage if required):
Criteria Category Weighted Points
Presentation 25
The score from the proposal evaluations and the Interview will be combined to determine an overall
score.
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SECTION 4.0 - GENERAL CONDITIONS
4.1 Rights of the County
The County is not liable for any costs incurred by the Proponent in the preparation of their response to
the RFP or selection interviews, if required. Furthermore, the County shall not be responsible for any
liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or
subsequent to, or by reason of the acceptance, or non -acceptance by the County of any proposal or by
reason of any delay in the award of the contract.
The County reserves the right to accept any proposal, in whole or in part, that it feels most fully meets
the selection criteria. Therefore, the lowest cost proposal, or any proposal may not necessarily be
accepted. County staff shall evaluate all compliant proposals received by the closing time and make
evaluations and recommendations for acceptance.
The County reserves the right to request specific requirements not adequately covered in their initial
submission and clarify information contained in the Request for Proposal.
The County reserves the right to modify any and all requirements stated in the Request for Proposal at
any time prior to the possible awarding of the contract.
The County reserves the right to cancel this Request for Proposal at any time, without penalty or cost to
the County. This Request for Proposal should not be considered a commitment by the County to enter
into any contract.
The County reserves the right to enter into negotiations with the selected Proponent. If these
negotiations are not successfully concluded, the County reserves the right to begin negotiations with the
next selected Proponent.
Proposals shall remain open and subject to acceptance for a period of ninety (90) days from closing date.
In the event of any disagreement between the County and the Proponent regarding the interpretation of
the provisions of the Request for Proposal, the Director of Financial Services or an individual acting in
that capacity, shall make the final determination as to interpretation.
No proposal shall be accepted from any person or Proponent who, has a claim or has instituted a legal
proceeding against the County or against whom the County has a claim or has instituted a legal
proceeding, without the prior approval of County Council. This applies whether the legal proceeding is
related or unrelated to the subject matter of this RFP.
The County reserves the right to reject Proposals from parties who are unwilling or unable to provide
evidence that they are capable of providing the necessary labour, materials, equipment and adequate
financing for the performance of the work and the provision of the services herein contemplated.
Evidence of such competency and experience must be provided when requested by the County.
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4.2 Conflict of Interest
The Proponent declares that no person, firm or corporation with whom or which the Proponent has an
interest, has any interest in this RFP or in the proposed contract for which this proposal is made.
The Proponent further declares that no member of the Council of the County and no officer or employee
of the County will become interested directly or indirectly as a contracting party, partner, shareholder,
surety, or otherwise in or in the performance of the Contract or in the supplies, work or business to
which it relates, or in any portion of the profits thereof, or in any of the money to be derived there from.
Should the Proponent feel that a conflict of interest or potential conflict of interest exists; the Proponent
must disclose this information to the County prior to the submission of a proposal. The County may, at
its discretion, delay any evaluation or award until the matter is resolved to the County's satisfaction. The
County may allow a conflict of interest or potential conflict of interest to exist if it is satisfied that there
are adequate safeguards in place and if the County determines that it is in its best interests to do so.
The County reserves the right to disqualify a proposal where the County believes a conflict of interest or
potential conflict of interest exists.
4.3 Modified Proposals
In the event that a preferred proposal does not entirely meet the requirements of the County, the
County reserves the right to enter into negotiations with the selected Proponent, to arrive at a mutually
satisfactory arrangement and to make any modifications to the proposal as are in the best interests of
the County.
4.4 Disqualification of Proponents
More than one Proposal from an individual firm, partnership, corporation or association under the same
or different names will not be considered. A Proponent shall not discuss or communicate, directly or
indirectly with any other Proponent, any information whatsoever regarding the preparation of its own
Proposal or the Proposal of the other Proponent. Proponents shall prepare and submit Proposals
independently and without any connection, knowledge, comparison of information or arrangement,
direct or indirect with any other Proponent. Collusion between Proponents will be sufficient for rejection
of any Proposals so affected.
4.5 Confidentiality
The proposal must not be restricted by any statement, covering letter or alteration by the Proponent in
respect of confidential or proprietary information. The County will treat all proposals as confidential. The
County will comply with the Municipal Freedom of Information and Protection of Privacy Act, and its
retention by-law pursuant to the Municipal Act, in respect of all proposals. All Public Reports approved
by the Council of the County will become public information.
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4.6 Proposal Assignments
The successful Proponent will not be permitted to assign or transfer any portion of the proposal as
submitted or the subsequent agreement without prior written approval from the County.
4.7 Purchasing Policy
Submissions will be solicited, received, evaluated, accepted and processed in accordance with the
County's Purchasing Policy as amended from time to time. In submitting a proposal in response to this
RFP, the Proponent agrees and acknowledges that it has read and will be bound by the terms and
conditions of the County's Purchasing Policy. The Purchasing Policy can be viewed on the County's
website, www®elincounty®ca
4.8 Failure to Perform
Failure to comply with all terms and conditions of this proposal, and failure to supply all documentation,
as required herein, shall be just cause for cancellation of the award. The County shall then have the right
to award this contract to any other Proponent or to re -issue this RFP.
4.9 Award and Agreement
The Proponent that fully meets the requirements and scores the highest based on the evaluation criteria,
will be recommended for award. Once the award is made and approved by the County or County
Council, the report recommending such award including financial information shall be a matter of public
record, unless otherwise determined by Council.
Subject to the County's reserved rights and privileges set out in the Request for Proposal, the contract
shall be awarded to the compliant Proponent who has the highest overall evaluation score subject to
section 3.2.2.
The preference of the County is to award this proposal to one (1) Proponent to ensure consistency
throughout the three long term care homes; however, the County does reserve the right to award this
contract to more than one Proponent. Should the County decide to award to more than one Proponent,
the highest and second highest scoring Proponents will be awarded the contract.
A written agreement, prepared by the County shall be executed by the County and the Pharmacy
Provider. The complete proposal package submitted by the Pharmacy Provider, together with the entire
Request for Proposal documents prepared by the County of Elgin, shall form part of the Agreement (see
attached sample of agreement in Appendix A).
4.10 Insurance Requirements
Any agreement resulting from this RFP will contain the following insurance requirements:
a) Comprehensive general liability insurance including bodily injury, property damage liability,
personal injury liability, completed operations liability, blanket contractual liability, non -owned
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automobile and shall contain a severability of interest and cross liability clause to a limit of no less
than five million ($ 5,000,000) dollars in respect to any one occurrence. The above -mentioned
policy shall be endorsed to include the County of Elgin as an Additional Insured.
b) Professional Liability insurance covering all activities as described in the Proponent's proposal to a
limit of no less than five million ($5,000,000) per claim and in the aggregate. Such insurance shall
provide coverage for errors and omissions made by the professional in the rendering of, or failure
to render, professional services in connection with the Agreement. Upon completion of the work
the policy shall remain in force for twelve (12) months. The Proponent must confirm that any
property damage, personal injury or bodily injury resulting from an error or omission is
considered an insurable loss whether coverage is under the Comprehensive General Liability
Policy or the Professional Liability Policy (Errors & Omissions).
c) Standard OAP 1 Automobile liability policy in the amount of two million ($2,000,000) dollars.
d) The aforementioned policies of insurance shall contain or shall be subject to the following terms
and conditions:
➢ be written with an insurer licensed to do business in Ontario;
➢ be non-contributing with, and will apply only as primary and not excess to any other
insurance or self-insurance available to Elgin County;
➢ contain an undertaking by the insurer to notify the County in writing not less than sixty (60)
days before any material change in risk or cancellation of coverage.
➢ any deductible amounts shall be borne by the Proponent.
➢ Prior to the execution of the Agreement and within fifteen (15) business days of the
placement, renewal, amendment, or extension of all or any part of the insurance, the
Proponent shall promptly provide Elgin County with confirmation of coverage insurance and,
if required, a certified true copy(s) of the policy(s) certified by an authorized representative
of the insurer together with copies of any amending endorsements applicable to the
Agreement.
4.11 Indemnification
The successful Proponent shall indemnify and hold harmless the County of Elgin, its officers, County
Council, Employees and volunteers from and against any liabilities, claims, expenses, demands, loss, cost,
damages, suits or proceedings by whomsoever made, directly or indirectly arising directly or indirectly by
reason of a requirements of this agreement save and except for damage caused by the negligence of the
County or their employees.
4.12 WSIB Requirements
The successful Proponent shall furnish a WSIB Clearance Certificate rp for to commencement of work and
agrees to maintain their WSIB account in good standing throughout the contract period.
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If the successful Proponent is a self-employed individual, partner or executive officer who does not pay
WSIB premium and is recognized by WSIB as an "independent operator" a letter from WSIB
acknowledging independent contractor status and confirming that WSIB coverage is not required must
be provided to the County of Elgin prior to commencement of work.
4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005
The Proponent shall ensure that all its employees and agents receive training regarding the requirements
as outlined in the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) as well as
the Ontario Human Rights Code. The Proponent is responsible to ensure that all of its employees,
volunteers and others for which the Proponent is responsible are adequately trained.
In accordance with the Accessibility for Ontarians with Disabilities Act, 20051ntegrated Accessibility
Standards Regulation (Ontario Regulation 191111), the County requires content created for the
municipality that is to be posted on our website to be provided in a format which is compliant with
WCAG 2.0 Level AA requirements. As required under Section 14 of the regulation, any content published
on our website after January 1, 2012 needs to be compliant with the WCAG requirements by the
timelines set out in the Regulation. It is the successful Proponent's responsibility to produce the required
documents in an accessible format
4.14 Disqualification
The County may, in its sole discretion, disqualify a proposal or cancel its decision to make an award under
this RFP, at any time prior to the execution of the Agreement by the county, if,
➢ the Proponent fails to cooperate in any attempt by the County to verify any information provided
by the Proponent in its proposal;
➢ the Proponent contravenes one proposal per Person or Entity;
➢ the Proponent fails to comply with the laws of Ontario or of Canada, as applicable;
➢ the Proposal contains false or misleading information;
➢ the Proposal, in the opinion of the County, reveals a material conflict of interest;
➢ the Proponent misrepresents any information contained in its proposal.
4.15 Record and Reputation
Without limiting or restricting any other right or privilege of the County and regardless of whether or not
a proposal or a Proponent otherwise satisfies the requirements of this RFP, the County may disqualify
any proposal from any Proponent, where;
➢ In the opinion of the County Solicitor or the Purchasing Coordinator for the County, the
commercial relationship between the Corporation of the County of Elgin and the Proponent has
been impaired by the prior and/or current act(s) or omission(s) of each Proponent, including but
not limited to:
a) Litigation with the County;
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b) The failure of the Proponent to pay, in full, all outstanding accounts due to the County by the
Proponent after the County has made demand for payment;
c) The refusal to follow reasonable directions of the County or to cure a default under a
contract with the County as and when required by the County or it's representatives;
d) The Proponent has previously refused to enter into an Agreement with the County after the
Proponent's proposal was accepted by the County;
e) The Proponent has previously refused to perform or to complete performance of contracted
work with the County after the Proponent was awarded the contract;
f) Act(s) or omission(s) of the Proponent has resulted in a claim by the County under a bid
bond, a performance bond, a warranty bond or any other security required to be submitted
by the Proponent on an RFP within the previous five years.
➢ In the opinion of County Council or the Chief Administrative Officer, or their designate, there are
reasonable grounds to believe that it would not be in the best interests of the County to enter
into an Agreement with the Proponent, for reasons including but not limited to the conviction or
finding of liability of or against the Proponent or its officers or directors and any associated
entities under any taxation legislation in Canada, any criminal or civil law relating to fraud, theft,
extortion, threatening, influence peddling and fraudulent misrepresentation, the Environmental
Protection Act or corresponding legislation in other jurisdictions, any law regarding occupational
health or safety or the Securities Act or related legislation.
4.16 Proponent's Costs
The Proponent shall bear all costs and expenses incurred by the Proponent relating to any aspect of its
participation in this RFP process, including all costs and expenses related to the Proponent's involvement
in;
➢ the preparation, presentation and submission of its proposal;
➢ the Proponent's attendance at the Proponent's meeting;
➢ due diligence and information gathering processes;
➢ site visits and interviews;
➢ preparation of responses to questions or requests for clarification from the County;
➢ preparation of the Proponent's own questions during the clarification process; and,
➢ agreement discussions.
The County is not liable to pay such costs and expenses or to reimburse or compensate a Proponent
under any circumstances, regardless of the conduct or outcome of the RFP Process, including the
rejection of all proposals or the cancellation of the RFP, and including any negligence of the County in the
conduct of the RFP process.
4.17 Legal Matters and Rights of the County
This RFP is not an offer to enter into either a bidding contract (often referred to as "Contract A") or a
contract to carry out the project (often referred to as "Contract B"). Neither this RFP nor the submission
of a proposal by a Proponent shall create any contractual rights or obligations whatsoever on either the
Proponent or the County.
27
Page 64 of 86
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
The County may at its sole discretion change or discontinue this RFP process at any time whatsoever.
The County may in its sole discretion enter into negotiations with any person, whether or not that person
is a Proponent or a Short -Listed Proponent with respect to the work that is the subject of this RFP.
The County may at its sole discretion decline to evaluate any proposal that in the County's opinion is
incomplete, obscure or does not contain sufficient information to carry out a reasonable evaluation.
Without limiting the generality of the RFP, the County may at its sole discretion and at any time during
the RFP process;
➢ reject any or all of the Proposals;
➢ accept any Proposal;
➢ if only one Proposal is received, elect to accept or reject it;
➢ elect not to proceed with the RFP;
➢ alter the timetable, the RFP process or any other aspect of this RFP; and
➢ cancel this RFP and subsequently advertise or call for new Proposals for the subject matter of this
RFP.
In addition to and notwithstanding any other term of this RFP, the County shall not be liable for any
damages resulting from any claim or cause of action, whether based upon an action or claim in contract,
warranty, equity negligence, intended conduct or otherwise, including any action or claim arising from
the acts or omissions, negligent or otherwise of the County and including any claim for direct, indirect or
consequential damages, including but not limited to damages for loss of profit, loss of reputation, injury
to property and bodily injury that results from the Proponents' participation in the RFP process, including
but not limited to;
➢ the disclosure of a Proponent's confidential information;
➢ the costs of preparation of a Proponents Proposal, whether it is accepted, disqualified or
rejected;
➢ any delays, or any costs associated with such delays, in the RFP process;
➢ any errors in any information supplied by the County to the Proponents;
➢ the cancellation of the RFP; and
➢ the award of the contract to a Proponent other than the Proponent recommended by the
Proposal Review Committee.
4.18 Human Rights, Harassment and Occupational Health and Safety
The successful Proponent shall be required to comply with the County's policies regarding Human Rights,
Harassment in the Workplace and Occupational Health and Safety as well as all Provincial and Federal
laws, regulations and guidelines regarding Human Rights, Harassment in the Workplace and
Occupational Health and Safety.
28
Page 65 of 86
MI cIhn,ieuq� .i
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
The work on this project must be conducted in a safe manner. The successful Proponent and all Sub -
Consultants used on the Work for the County will comply with all applicable laws, regulations and by-
laws of Canada, the Province of Ontario and the County, including but not limited to the Occupational
Health and Safety Act, and all applicable regulations thereunder.
Without limiting any of the foregoing, the Successful Proponent shall have both a written occupational
health and safety policy and program to implement that policy, and that all of our employees, Sub -
Consultants and any other persons performing the Work shall be appropriately trained, licensed and
certified, as required to perform the Work.
4.19 Covid-19 Pandemic
The successful Proponent shall comply with current COVID health and safety measures in place during
the term of this contract.
All Proponents (hereinafter including all individual employees, agents or other representatives) must
obtain and review the County's Long -Term Care (LTC) Home Policy and Procedure No. 2.10 regarding
the Homes specific COVID-19 Vaccination Verification Policy. Any individual attending a County of
Elgin LTC Home must be fully vaccinated before being admitted to any LTC Home to perform work.
4.20 Clarification
The County may require the Proponent to clarify the contents of its proposal, including by the submission
of supplementary documentation, or seek a Proponent's acknowledgement of the County's
interpretation of the Proponent's proposal.
The County is not obliged to seek clarification of any aspect of a proposal.
4.21 Supplementary Information
The County may, in its sole discretion, request any supplementary information whatsoever from a
Proponent after the submission deadline including information that the Proponent could or should have
submitted in its proposal prior to the submission deadline. The County is not obliged to request
supplementary information from a Proponent.
The County may call upon the pharmacy to show evidence that satisfactory arrangements have been
made for the procurement of any or all labour, materials and equipment required to carry out and
complete the work. Materials and equipment shall be subject to the County's approval.
4.22 Default / Non -Performance
The County will reserve the right to determine "non-performance" or "poor quality" of service and
further reserves the right to cancel any or all of this contract at any time should the Proponent's
performance not meet the terms and conditions of the RFP upon 30 days written notification to the
Proponent.
29
Page 66 of 86
MI cIhn,ieuq� I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
"Non-performance" shall mean the failure to meet the complete terms and conditions of this Contract
including, but not limited to, the response time. In the event of such cancellation, the County retains the
right to claim damages as a result of such default.
If the County terminates the Contract, it is entitled to:
a) withhold any further payment to the Proponent until the completion of the work and the expiry of
all obligations under the Contract; and
b) recover from the Proponent any loss, damage and expense incurred by the County by reason of the
default (which may be deducted from any monies due or becoming due to the Proponent).
30
Page 67 of 86
MI cIhn,ieuq� I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
APPENDIX A - SAMPLE AGREEMENT
THIS AGREEMENT made in effective this XXXX day of XXXXXXX, 2023.
BETWEEN:
CORPORATION OF THE COUNTY OF ELGIN
(hereinafter called "County")
(hereinafter called "Pharmacy")
OF THE FIRST PART
OF THE SECOND PART
WHEREAS on <Insert Date>, the County issued Request for Proposal No. <Insert #> and Addendum No.
<X> dated <Insert Date> for <Insert Project Name> for the County of Elgin (the "RFP");
AND WHEREAS on <Insert Date> the Pharmacy submitted a proposal in response to the RFP (the
"p ro posa I");
AND WHEREAS the County wishes to enter into an agreement with the Pharmacy for the services, as more
particularly described in the RFP Terms of Reference, attached hereto as Schedule A forming part of this
Agreement (the "Services");
NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) now paid by the Pharmacy to the
County and performance of the promises, obligations and covenants herein contained, the receipt and
sufficiency of which consideration is hereby irrevocably acknowledged, the Parties hereto covenant and
agree as follows:
ARTICLE 1
The Pharmacy shall provide the Services set forth in Schedule "A" hereto, including but not limited to
satisfaction of all Evaluation and Service Requirements and Qualifications and Requirements as set forth
therein; provided that, if there should be any conflict between the text of this Agreement and the
provisions of the said Schedule "A", the text of this Agreement shall prevail.
ARTICLE 2
The Term of this Agreement is for a three-year term, deemed to commence on or about <Insert Date> and
expire on <Insert Date>; provided further that the County, in its unfettered discretion, may extend the
within Agreement up to an additional XXX (X) years upon mutual agreement between both Parties.
31
Page 68 of 86
MI cIhn'ieuq� I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
ARTICLE 3
A copy of each of the Terms of Reference and Addendum No. XX are hereto annexed (as Schedule A) and
together with the Pharmacy Proposal, General Conditions, Proposal Requirements and Information for
Proponents relating to the work contemplated herein, even though not attached, all as listed in the RFP
document, form part of and are deemed to be incorporated into this Agreement.
ARTICLE 4
In case of any inconsistency or conflict between the provisions of this Agreement and the Terms of
Reference or General Conditions or RFP or any other document or writing, the provisions of such
documents shall take precedence and govern in the following order, namely:
a) Agreement;
b) Addenda;
c) Terms of Reference;
d) Pharmacy Proposal;
e) General Conditions;
f) Proposal Requirements;
g) Information to Proponents.
ARTICLE 5
Either Party may terminate this Agreement at any time, without notice or creation of any right to
compensation or damages, forjust cause, which shall include, without limitation, dishonesty, fraud,
willful deceit or failure to properly fulfill the obligations hereunder where such failure is not remedied
within ten (10) days after notice of same is given.
Notwithstanding that set forth immediately above, either Party hereto may terminate this Agreement,
for convenience and without creating any right to compensation or damages, upon giving at least ninety
(90) days written notice to the other Party.
ARTICLE 6
The Pharmacy shall indemnify and save harmless the County, including it elected officials, officers,
employees and agents and further including their respective heirs, executors, administrators, and assigns
(hereinafter collectively the "Releasees") from and against any and all claims of any nature, actions,
causes of action, losses, expenses, fines, costs (including legal costs as between a solicitor and his or her
own client), interest, or damages of every nature and kind whatsoever as arising from the negligence,
errors, omissions, fraud, or willful misconduct of the Pharmacy, including its officers, employees,
servants, agents, and consultants or sub -consultants, or any one or combination of them, as attributable
or connected with the performance, non-performance, or purported performance by the Pharmacy of
any promise, obligation, or covenant as contemplated by this Agreement, save and except to the extent
that same is attributable to or caused by the negligence of the County, its officers, employees, servants,
agents, or consultants or sub -consultants, or any one or combination of them. Furthermore, this
32
Page 69 of 86
MI cIhn,ieuq� I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
indemnity shall survive the expiration or termination of this Agreement and continue thereafter in full
force and effect.
ARTICLE 7
This Agreement together with its Schedule constitutes the entire understanding between the Parties.
Any change, addition to, or waiver of the terms hereof must be specifically agreed upon, in writing, and
signed by both Parties. Failure on the part of either Party to insist upon the strict observance of any of
the terms and/or conditions herein shall not operate as a waiver of such Party's right to require the
future observance of any such terms or conditions.
ARTICLE 8
The Pharmacy declares that it has either investigated for itself the character of the work and all local
conditions that might affect the proposal or acceptance of the work, or that not having so investigated, it
is willing to assume and does hereby assume all risk of conditions arising or developing in the course of
the work which might or could make the work, or any items thereof, more expensive in character or more
onerous to fulfill, than was contemplated or known when the proposal was made of the Contract signed.
The Pharmacy also declares that it did not and does not rely upon information furnished by any methods
whatsoever, by the County or its officers or employees, being aware that any information from such
sources was and is approximate and speculative only, and was not in any manner warranted or
guaranteed by the County.
ARTICLE 9
Where any notice, direction or other communication is required to be or may be given or made by one of
the parties hereto to the other, it shall be deemed sufficiently given or made if mailed or delivered in
writing to such party at the following addresses:
COUNTY: Corporation of the County of Elgin
450 Sunset Drive
St. Thomas, ON N5R 5V1
PHARMACY:
Either Party may from time to time change its address for service by notice to the other Party as
previously set out.
For the purposes immediately set forth above, Notices which are served in the manner as set out above
shall be deemed sufficiently given for all purposes of this Agreement, in the case of those personally
served directly upon the Party to be deemed to have been completed upon the date of service, and in
the case of registered mail, on the third postal delivery day following the mailing of the Notice. Should
33
Page 70 of 86
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
normal service of mail be interrupted by strikes, slowdown or other cause, then the Party sending the
Notice shall use any similar service which is not been so interrupted in order to secure prompt receipt of
the Notice and for purposes of this Agreement such service shall be deemed to be personal service.
ARTICLE 10
This Agreement shall not be assigned, in whole or in part, by either Party hereto without the prior
written consent of the other Party.
ARTICLE 11
This Agreement shall be construed and interpreted in accordance with the laws of the Province of
Ontario and, when applicable, the Dominion of Canada.
ARTICLE 12
All obligations under this Agreement shall be considered a separate covenant and any declaration of
invalidity of any such covenant shall not invalidate any other such covenant.
ARTICLE 13
The Contract shall apply to and be binding on the parties hereto, their heirs, executors, successors,
administrators, and assigns jointly and severally.
(Balance of Page Left Blank Intentionally)
34
Page 71 of 86
NlaclnuT ent .I
REQUEST FOR PROPOSAL NO. 2023-1326
PHARMACY SERVICES FOR ELGIN COUNTY LONG-TERM CARE HOMES
ORTiri F 1 a
This Agreement may be executed in several counterparts, each of which, when so executed, shall
constitute but one and the same document. This Agreement may also be signed in paper form, by
facsimile signature or by electronic signature in accordance with section 11 of the Electronic Commerce
Act, 2000 (Ontario). It may also be signed, whether or not in counterpart, scanned to Adobe° Portable
Document Format (PDF) and delivered by way of electronic mail.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals on the day and at the
location indicated below or otherwise caused their corporate seals to be affixed, attested by the
signature of their proper officers, as the case may be.
Date:
Location
Date:
Location
Corporation of the County of Elgin
Per:
Name: Ed Ketchabaw
Position: Warden
Per:
Name: Don Shropshire
Position: Interim Chief Administrative Officer/Clerk
We have the authority to bind the Corporation
<IIIMSLd"I°° III: i...WINIA00" MAIV'IE
Per:
) Name:
Position:
I have the authority to bind the Corporation
Page 72 of 86
35
HcIlniiTei-it
Muugni,,,.swv by Nr,rolfurve
View Details
Bid Details
Bid Classification:
Services
Bid Type:
Request For Proposal
Bid Number:
2023-P26
Bid Name:
Pharmacy Services for Elgin County Long
Term Care Homes
Bid Status:
Closed
Published Date:
Mon Jun 12, 2023 3:00:59 PM (EDT)
Bid Closing Date:
Fri Jul 14, 2023 3:00:59 PM (EDT)
Question Deadline:
Fri Jul 7, 2023 4:00:00 PM (EDT)
Electronic Auctions:
Not Applicable
Language for Bid Submissions:
English unless specified in the bid document
Submission Type:
Online Submissions Only
Submission Address:
Online Submissions Only
Public Opening:
No
Description:
The County is inviting proposals
from qualified pharmacy service providers to
provide Pharmaceutical Services and
applicable supports for the residents who
reside at the County's three Long Term Care
Homes.
Bid Document Access:
Bid document preview, bid opportunity, and
award notices are available on the site free
of charge. Suppliers are not required to
register for a bid opportunity prior to
previewing unsecured bid documents. Please
note, some documents may be secured and
you will be required to register for the bid to
download and view the documents. To obtain
an unsecured version of the bid document
and/or to participate in this opportunity, an
annual or a per bid fee must be paid (annual
fee - $418.95, per bid fee - $125.75).
Categories:
Show Categories [±]
Register for this Bid Download Bid Documents
Page 73 of 86
Documents
Attachment 2
File Name
RFP Document
Monday June 12, 2023 02:28 PM
Addenda
File Name
Addendum 1
Thursday June 29, 2023 02:15 PM
Purchasing Representatives
Employee
Hoogstra, Mike
Bids Submitted
The following are the unofficial bid results
Company
Advantage Care Pharmacy
CareRx Corporation
Geriatrx Pharmacy
MediSystem Pharmacy
Roulston's Discount Drugs Ltd.
Silver Fox Pharmacy
Contact
Abdelsayed, Mina
1619 Dundas Street, London
Ontario, Canada
N5W 30
Khanna, Puneet
320 Bay Street, Toronto
Ontario , Canada
M5H 4A6
Berlingieri, Fabio
53 The Links Road, North York
Ontario, Canada
M2P1T7
Almquist, Kurt
75 Lesmill Road , Toronto
Ontario , Canada
M3B2T8
Snow, Blair
65 Donly Drive N., Simcoe
Ont, Canada
N3Y OC2
Cole, Josh
5040 Mainway #2, Burlington
On, Canada
L7L 5Z1
Page 74 of 86
Plan Takers
HcIlniiT ent
The following are the plan takers for the bid:
Company
Contact
Abdelsayed, Mina
Advantage Care Pharmacy
1619 Dundas Street, London
Ontario, Canada
N5W 30
Khanna, Puneet
CareRx Corporation
320 Bay Street, Toronto
Ontario , Canada
M5H 4A6
Berlingieri, Fabio
Geriatrx Pharmacy
53 The Links Road, North York
Ontario, Canada
M2P1T7
Mallo, Solomon
Lunar Contracting
732 Hwy 6, Hamilton
Ontario, Canada
L8N 2Z7
Almquist, Kurt
MediSystem Pharmacy
75 Lesmill Road , Toronto
Ontario , Canada
M3B2T8
Snow, Blair
Roulston's Discount Drugs Ltd.
65 Donly Drive N., Simcoe
Ont, Canada
N3Y OC2
Cole, Josh
Silver Fox Pharmacy
5040 Mainway #2, Burlington
On, Canada
L7L 5Z1
Lacey, Justin
The Proposal Lab (theproposallab.com)
Suite 237, Surrey
BC, Canada
V4A 9E3
Page 75 of 86
NlcIlnin,ieiq�
Pharmacy Services for Elgin County Long -Term Care Homes
RFP No. 2023-P26
Evaluation Committee
Evaluation Team Member
Position
Conflict of
Interest
Michele Harris
Director of Homes and Seniors Services
No
Ashley Temple
Administrator - Terrace Lodge
No
Terri Benwell
Administrator - Elgin Manor & Bobier Villa
No
Bev Drouillard
Education and Quality Improvement Coordinator
No
Michelle Lebert
Manager of Resident Care - Bobier Villa
No
Mike Hoogstra
Manager of Procurement & Risk
No
Page 76 of 86
E191,11,
RECOMMENDATIONS:
REPORT TO COUNTY COUNCIL
FROM: Jennifer Ford, Director of Financial
Services/Treasurer
DATE: Oct 17, 2023
SUBJECT: Request for Additional Funding —
Southwestern Public Health
THAT Council approve the request of $99,657 from the Southwestern Public Health as
outlined in the report "Request for Additional Funding — Southwestern Public Health"
dated October 17, 2023 from the Director of Financial Services/Treasurer.
INTRODUCTION:
Please find attached a letter from Southwestern Public Health (SWPH) that was recently
received outlining a request for additional support of their 2023 base budget funding.
BACKGROUND AND DISCUSSION:
Subsequent to the original budget request from Southwestern Public Health, Council
received a letter related to additional funding for programming which was approved in
the amount of $61 K. The County has recently received a letter asking for additional
support related to their original 2023 budget base funding.
Southwestern Public Health (SWPH) recently learned that the while they did submit a
budget request showing a need for a 4.5% base funding increase from the Ministry of
Health, they were only to receive an additional 1 % increase from the Ministry. As
outlined in their budget letter to the County, the responsibility of the unfunded portion of
the additional increase falls to the funding partners of the SWPH should the Ministry not
support their request.
FINANCIAL IMPLICATIONS:
At this time the SWPH is asking for an additional $99,657 to be split over the next three
months to support their 2023 budget. The County has reviewed the budget allotment
for the Health Unit and there is contingency available to support this request.
Page 77 of 86
2
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment of
current programs and
services with community
need.
❑ Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Additional Comments:
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth.
® Fostering a healthy
environment.
® Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
None.
COMMUNICATION REQUIREMENTS:
Investing in Elgin
® Ensuring we have the
necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
Finance will begin to forward this funding after Council approval.
CONCLUSION:
The County is a supporting partner of the Southwestern Public Health Unit. As per the
2023 budget submitted to the County by SWPH, they are now requesting the needed
additional funds after receiving the Ministry of Health portion of the budget increase.
All of which is Respectfully Submitted Approved for Submission
Jennifer Ford Don Shropshire
Director of Financial Services/Treasurer Chief Administrative Officer
Page 78 of 86
A�)fir)iru^t�� r@inn: Office
St, DICYY'N'h4 , ON
N 5 1 G9
September 29, 20223
Mr. Don Shropshire, CAO
County of Elgin
450 Sunset Drive
St. Thomas, ON N5R 5V1
Dear Don,
Woodstock, Site
iy KI Bdk-,,m aira,.w
MS 4N2
In follow up to our original levy letter issued on February 21, 2023, this letter is to inform you
that the Ministry of Health has recently provided its 2023 funding envelop for Southwestern
Public Health. The Ministry of Health was asked to provide a 4.5% base funding increase.
Despite our ask, the Ministry has confirmed only 1 % increase in base funding. As noted in
previous correspondence with the County, the Board approved a 4.5% increase which has now
resulted in SWPH requiring the County to provide the remainder of the funding as noted below
in our original levy letter:
"SWPH has requested that the Ministry assist with providing additional base funding
in the amount of 4.5% despite inflation nearing 7% particularly given that base
funding from the Ministry has not kept up with inflationary demands year over year.
The total cost shared budget for SWPH public health has been set by the Board of Health
at $18,048,416. The total levy for the above noted budget for the County of Elgin is
$1,190,283, however in the event that SWPH does not receive the requested base funding
increase from the Ministry of Health, the levy to the County will be adjusted accordingly
and we will advise you of the revised amount if required."
With this revised levy, we ask that the County provide the additional amount of $99,657 for the
balance of 2023 equally over the remaining three months of the year.
If you have any questions, please don't hesitate to contact us.
Sincerely,
Mr. Joe Preston Cynthia St. John
Chair, Board of Health Chief Executive Officer
Southwestern Public Health Southwestern Public Health
copy: Monica Nusink, Director of Finance, SWPH
Page 79 of 86
E191,11,
RECOMMENDATION:
REPORT TO COUNTY COUNCIL
FROM: Jennifer Ford, Director of Financial
Services/Treasurer
Nicholas Loeb, Director of Legal Services
DATE: Oct. 17, 2023
SUBJECT: Correspondence Follow-up: Payments -In -
Lieu
THAT the report titled "Correspondence Follow-up: Payments -In -Lieu" dated October
17, 2023 from the Director of Financial Services/Treasurer and the Director of Legal
Services be received and filed.
INTRODUCTION:
On the April 11, 2023 agenda a correspondence item from the Town of Aylmer was
received. The resolution passed by County Council was as follows:
"Moved by: Councillor Sloan
Seconded by: Councillor Couckuyt
RESOLVED THAT staff be directed to provide a follow-up report regarding Payments -
in -Lieu and accounting practices.
Motion Carried. "
Now that year end is complete, this report is being provided to Council as follow up to
the above resolution.
BACKGROUND AND DISCUSSION:
Payment(s)-in-Lieu are a payment of funds by the Province of Ontario (or the
Government of Canada where applicable) that are paid to municipalities in respect of
properties owned or leased by the Province or a Crown Agency that would otherwise be
exempt from tax assessment pursuant to the Assessment Act. It is essentially a
payment of municipal taxes without the payment actually being classified as a tax.
When the money is paid by the Province of Ontario to a local municipal taxing authority,
Page 80 of 86
2
a portion or the funds is to be directed to school boards and the upper -tier municipal
government in a prescribed manner.
As outlined in the correspondence from Aylmer, presented at the April 11, 2023 meeting
of County Council, during its 2021 year-end review, the County discovered anomalies in
Payment(s)-in-Lieu (PIL) from local municipalities and other anomalies that related to
the calculation of taxes that ought to have been forwarded to the County but remained
outstanding. The County Treasurer then began discussions with our Local Treasurers
to investigate some of these anomalies.
The inquiries were made to understand local processes, agree upon the intended
interpretation of the Municipal Act, 2001 and the payments -in -lieu regulation to ensure
consistent compliance, and to correct anomalies. During these inquiries, it was
determined that, in some instances, interpretations of the rules of taxation differed
between the County and some local municipal partners, resulting in a historical
calculation discrepancy. Due to the complexity of these calculations, historical
calculations were then perpetually used rather than being reviewed or revised. Where
questions arose related to interpretation of these calculations, the County was able to
rely on information received from the Ministry of Finance to provide clarity and guidance
in order to move forward. In each instance where an anomaly had occurred, it was
identified that the same interpretation of the calculation had been used, resulting in
multi -year discrepancies that occurred during the tenures of several different terms of
Council and various current and former staff at both the County and its local municipal
partners.
The process of identifying the PIL methodology and then reconciling the calculations
took a significant amount of effort on behalf of all parties. Revenue was recognized
when the amount collectible was confirmed due and owing by both parties. We were
able to complete the review and confirm processes within the 2022 fiscal year.
FINANCIAL IMPLICATIONS:
The issues identified during our initial review have been successfully reconciled and
concluded. Funds received from varying municipalities, that were directly related to
legacy issues, amounted to $402,634 (inclusive of interest) and were included in the
2022 year-end financial statements presented at the last meeting of County Council.
Council had several options regarding the setting aside of 2022 surplus funds for future
use. Council approved that the 2022 surplus be set aside into the Growth Reserve that
will benefit future County projects. The Growth reserve is expected to assist the County
in being successful during a time of unprecedented growth.
The Growth Reserve does not have restrictions placed upon it that would serve to
penalize or exclude any one or a number of our municipal partners from decisions that
might be made related to its use. In its April correspondence, the Town of Aylmer
Page 81 of 86
3
requesiea such restrictions but they were not adopted by County Council. It is not
recommended that County Council consider adopting a policy on Elgin's reserves that
may prove to be administratively burdensome or regressive by excluding some specific
fraction of our ratepayers.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
® Ensuring alignment
of current programs
and services with
community need.
® Exploring different
ways of addressing
community need.
® Engaging with our
community and other
stakeholders.
Additional Comments:
Growing Elgin
❑ Planning for and
facilitating commercial,
industrial, residential,
and agricultural growth.
® Fostering a healthy
environment.
❑ Enhancing quality of
place.
LOCAL MUNICIPAL PARTNER IMPACT:
Investing in Elgin
® Ensuring we have
the necessary tools,
resources, and
infrastructure to deliver
programs and services
now and in the future.
® Delivering mandated
programs and services
efficiently and
effectively.
County staff would like to take this opportunity to thank our Local Municipal Treasurers
and staff for their co-operation and professionalism to resolve the issues discovered.
Their ongoing open communication and sharing of information in order to ensure that
both sides are reconciled at year end is greatly valued and appreciated.
COMMUNICATION REQUIREMENTS:
The resolution of this report will be provided to the Town of Aylmer to conclude their
inquiry.
CONCLUSION:
Staff report that Payments in Lieu calculations are now annually reconciled with our
Local Municipal partners and outstanding items are completed. It is recommended by
staff that Council not consider placing restrictions on reserves that penalize any of our
local municipal partners relevant to this issue.
Page 82 of 86
All or wnicn is Respectfully Submitted
Jennifer Ford
Director of Financial Services/Treasurer
Nicholas Loeb
Director of Legal Services
Approved for Submission
Don Shropshire
Chief Administrative Officer/Clerk
0
Page 83 of 86
�►, ST. THOMAS-ELGIN
�► PUBLIC ART CENTRE
St. Thomas -Elgin Public Art Centre
301 Talbot Street
St. Thomas, ON N5P I B5
info@stepac.ca
(519) 631-4040
Brian Masschaele
Director of Community and Cultural Services
Elgin County
450 Sunset Drive,
St. Thomas, ON N5R 5V1
Subject: Request for Consideration of Increased Funding for the St. Thomas -Elgin Public Art Centre
I am writing on behalf of the St. Thomas -Elgin Public Art Centre, a vital cultural institution that has been serving
our community for 54 years. We are grateful for the support and collaboration we have received from the
County of Elgin over the years, and we would like to express our sincere appreciation for your commitment to
promoting the arts and culture in our community.
The St. Thomas -Elgin Public Art Centre plays a crucial role in fostering creativity, cultural diversity, community
engagement and well-being. The Public Art Center offers a wide range of programs and activities that cater
to people of all ages and backgrounds. These include art exhibitions, workshops, educational programs, per-
formances, and community events. We firmly believe that art has the power to inspire, educate, and trans-
f he
However, we are facing significant financial challenges that are hindering our ability to fulfill our mission effec-
tively. The funding allocation granted to the St. Thomas -Elgin Public Art Centre in 2008 has remained the
same. Over the years, our Board of Directors and staff enthusiastically worked toward raising funds to continue
our important work. But, we are beginning to see it impacting the quality and diversity of our programs, which
are essential for the enrichment of our community.
We kindly request that the County of Elgin consider increasing the funding allocated to St. Thomas -Elgin Public
Art Centre in the upcoming budget cycle to $40 000. By doing so, you would not only demonstrate your con-
tinued commitment to the arts but also ensure the long-term susfainabilify and growth of the Public Art Centre.
The additional funding would enable us to expand our programming, reach a wider audience, and enhance
the overall experience for our visitors.
Investing in the art and art educalton has numerous benefits for our community. It stimulates economic
growth, attracts tourism, and enhances the overall quality of life for residents. Moreover, it provides a platform
for local artists to showcase their talent, encourages cultural exchange, and fosters a sense of pride and iden-
tity within our community.
301 Talbot Street, St. Thomas, ON N5P I B5 (519) 631-4040 info@stepac.ca
Page 84 of 86
We understand that the municipality faces various competing priorities when allocating funds. However, we
firmly believe that investing in St. Thomas -Elgin Public Art Centre is an investment in the future of our communi-
fy. We are confident that the positive impact of increased funding will be felt by all residents, regardless of
age, background, or socioeconomic status.
Thank you for your time and consideration. We sincerely hope that you will give due attention to our request
for increased funding. Together, we can continue to nurture a vibrant and culturally rich community that ben-
efits all its members.
Yours sincerely,
Laura Woermke
Executive Director / Curator
St. Thomas -Elgin Public Art Centre
S-1 TI A/6 EI.GIN
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COUNTY OF ELGIN
By -Law No. 23-41
"A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF
THE CORPORATION OF THE COUNTY OF ELGIN AT THE
OCTOBER 24, 2023 MEETING"
WHEREAS, pursuant to Section 5.1 of the Municipal Act, 2001, S.O.2001, c.25, as
amended, the powers of a municipality shall be exercised by its Council;
AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, the powers of every Council shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Municipal Council of
the Corporation of the County of Elgin at this meeting be confirmed and adopted by by-law
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
enacts as follows:
THAT the actions of the Municipal Council of the Corporation of the County of Elgin,
in respect of each recommendation contained in the reports and each motion and
resolution passed and other action taken by the Municipal Council of the Corporation
of the County of Elgin, at its meeting held on October 24, 2023 be hereby adopted
and confirmed as if all such proceedings were expressly embodied in this by-law.
2. THAT the Warden and appropriate officials of the Corporation of the County of Elgin
are hereby authorized and directed to do all things necessary to give effect to the
actions of the Municipal Council of the Corporation of the County of Elgin referred to in
the preceding section hereof.
3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized
and directed to execute all documents necessary in that behalf and to affix thereto the
seal of the Corporation of the County of Elgin.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF
OCTOBER, 2023.
Don Shropshire, Ed Ketchabaw,
Chief Administrative Officer/Clerk. Warden.
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