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25 - November 14, 2023 County Council Agenda Packagew '„w�mAw7lffJJ1,, r W�'%�^,F 1 Il$ 1WiiuAnlf Elgin County Council Regular Council Meeting ORDERS OF THE DAY Tuesday, November 14, 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 4.1 Kimberly Earls, Executive Director, and Bernia Martin, Board of Directors 10 Chair, South Central Ontario Region Economic Development Corporation (SCOR EDC) - SCOR EDC Member Update 5. COMMITTEE OF THE WHOLE 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden Ketchabaw - Warden's Activity Report October 2023 23 6.2 Accessibility Coordinator - Updates to the Accessibility Policy, 26 Emergency Response Policy, and Accommodations Policy 6.3 Acting Manager of Planning - Municipality of Bayham Official Plan 58 Amendment No. 34, Part of Lots 10 and 11, Concession 2 Municipality of Bayham, 55106 Vienna Line 6.4 Acting Manager of Planning - Township of Malahide Official Plan 67 Amendment No. 23, North Part of Lot 11, Concession 1, Part 8 on Registered Plan 11 R7973, Township of Malahide 6.5 Manager of Corporate Facilities - Terrace Lodge Veneer Replacement - 75 Tender Award 6.6 Manager of Corporate Facilities - Operation of the Elgin Manor 78 Wastewater Treatment Plant — Contract Award 6.7 Director of Engineering Services - Emergency Road Slope Repair — 118 Talbot Line — New Glasgow 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.2 Items for Information (Consent Agenda) 7.2.1 Resolution from the Municipality of Bayham regarding safety 122 concerns on Plank Road at Chute Line and Northern Vienna Bridge 7.2.2 Notice of Public Information Centre 2 - Highway 4 Widening and 126 Proposed Talbotville Bypass, Highway 3 Twinning, Preliminary Design, Detail Design and Class Environmental Assessment Study 7.2.3 Project Update Notice - Phillmore Bridge Deck Replacement 128 7.2.4 SWIFT Media Release - SWIFT Brings High -Speed Internet to 130 More than 1,560 Homes in Elgin County 7.2.5 City of Cambridge Resolution regarding Support for Bill 21, 132 Fixing Long -Term Care Amendment Act 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.2 Notice of Motion 8.3 Matters of Urgency 9. CLOSED MEETING ITEMS 9.1 Closed Meeting Minutes - October 24, 2023 9.2 Director of Legal Services - OLT 23-770 Municipal Act Section 239 (2) (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. 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. 23-42 Confirmation 13. ADJOURNMENT 00111 Page 2 of 134 ru��yyii„ I:I11rJILl[K01I1Ll11WK61001LINII MINUTES October 24, 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 Andrew Sloan Councillor Mike Hentz Councillor Richard Leatham (virtual) Members Absent: Councillor Todd Noble Staff Present: Don Shropshire, Chief Administrative Officer/Clerk Brian Masschaele, Director of Community & Cultural Services Amy Thomson, Director of Human Resources 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 Mike Hoogstra, Manager of Purchasing and Risk (virtual) Stefanie Heide, Legislative Services Coordinator Wil4MrixelNQ:IN The meeting was called to order at 9:00 a.m. with Warden Ketchabaw in the chair. 2. ADOPTION OF MINUTES Moved by: Councillor Hentz Seconded by: Councillor Sloan RESOLVED THAT the minutes of the Regular Council Meeting held on October 10, 2023 and the minutes of the Special Council Meeting held on October 18, 2023 be adopted. Motion Carried. 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 Couckuyt Page 3 of 134 IV0we] A0/019111a_l0NWe • I . TT,MONEY r� .�ZTiT1[ir3me a I ITANT1 iTel M Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Director of Community and Cultural Services and Director of Legal Services - Resolution in Support of Updating the Municipal Freedom of Information and Protection of Privacy Act The Director of Community and Cultural Services presented the report seeking Council's support of revisions to the Municipal Freedom of Information and Protection of Privacy Act. Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED THAT County Council hereby supports revisions to the Municipal Freedom of Information and Protection of Privacy Act as outlined in the September 27, 2023 report from the Director of Community and Cultural Services and Director of Legal Services 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. Motion Carried. 6.2 Director of Homes and Seniors Services - Homes - Specialized Physician Agreement - Neurotoxin (i.e. Botox, Dysport, Xeomin) for Spasticity Management - Bobier Villa, Elgin Manor and Terrace Lodge The Director of Homes and Seniors Services presented the report seeking Council's approval to execute an agreement with Dr. Adam Kassam for the provision of specialized medical services to Elgin County's Long -Term Care Homes. Moved by: Councillor Widner Seconded by: Councillor Couckuyt RESOLVED 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. Motion Carried. Page 4 of 134 6.3 Director of Homes and Seniors Services - Homes - Physiotherapy Services - Extension of Agreement The Director of Homes and Seniors Services presented the report seeking Council's approval for the extension of an agreement for physiotherapy services for the County of Elgin Homes with Achieva Health. Moved by: Deputy Warden Jones Seconded by: Councillor Leatham RESOLVED 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. Motion Carried. 6.4 Director of Homes and Seniors Services - Pharmacy Services at Elgin County Homes - Contract Award The Director of Homes and Seniors Services presented the report seeking Council's approval to award the contract for Pharmacy Services at Elgin County's Long -Term Care Homes to Advantage Care Pharmacy for a three-year term. Moved by: Councillor Hentz Seconded by: Councillor Giguere RESOLVED 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. Motion Carried. 6.5 Director of Financial Services/Treasurer - Request for Additional Funding - Southwestern Public Health The Director of Financial Services/Treasurer presented the report seeking approval for the request of additional funding from Southwestern Public Health in the amount of $99,657. Moved by: Councillor Giguere Seconded by: Councillor Couckuyt RESOLVED THAT Council approve the request of $99,657 from 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; and THAT the Warden be directed to send a letter to MPP Flack detailing concerns with the current Public Health funding structure that requires Page 5 of 134 local governments to cover costs that have been denied by the provincial government rather than the Public Health unit being required to revisit their budget increase; and THAT a copy of the letter be forwarded to Ontario municipalities for consideration. Motion Carried. 6.6 Director of Financial Services/Treasurer and Director of Legal Services - Correspondence Follow-up: Payments -In -Lieu The Director of Financial Services/Treasurer presented the report prepared as a follow-up to correspondence previously received from the Town of Aylmer regarding Payments -In -Lieu. Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED 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. Motion Carried 7.1 Items for Consideration 7.1.1 Laura Woermke, Executive Director/Curator, St. Thomas -Elgin Public Art Centre with a request for additional funding. Moved by: Councillor Giguere Seconded by: Councillor Sloan RESOLVED THAT the request for additional funding from the St. Thomas -Elgin Public Art Centre be forwarded to the Elgin County Budget Committee for consideration as part of the 2024 budget deliberations; and THAT correspondence be sent to the St. Thomas -Elgin Public Art Centre requesting additional details to support the funding request. Motion Carried. 7.2 Items for Information (Consent Agenda) None. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency The Chief Administrative Officer/Clerk requested that an item be added to the Closed Session Agenda to provide an update on CAO Recruitment. Moved by: Councillor Sloan Seconded by: Councillor Widner Page 6 of 134 RESOLVED THAT an item be added to the Closed Session Agenda to include an update from the Chief Administrative Officer/Clerk on the CAO recruitment process. Motion Carried. 9. CLOSED MEETING ITEMS Moved by: Councillor Couckuyt 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 - Closed Meeting Minutes - October 10, 2023 and October 18, 2023 Closed Meetinq Item #2 - Boundary Adjustment Matter (verbal) (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. Closed Meeting Item #3 - Human Resources Update (b) personal matters about an identifiable individual, including municipal or local board employees. Closed Meeting Item #4 - Labour Relations (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. Closed Meeting Item #5 - Health Recruitment Partnership Recruitment (b) personal matters about an identifiable individual, including municipal or local board employees. Closed Meeting Item #6 - CAO Recruitment Update (walk-on) (b) personal matters about an identifiable individual, including municipal or local board employees. Motion Carried 9.1 Closed Meeting Minutes - October 10, 2023 and October 18, 2023 9.2 Director of Legal Services - Boundary Adjustment Matter (verbal) 9.3 Director of Human Resources - Human Resources Update 9.4 Director of Human Resources - Labour Relations 9.5 Chief Administrative Officer/Clerk - Health Recruitment Partnership Recruitment 9.6 Chief Administrative Officer/ Clerk - CAO Recruitment Update (walk- on) 10. MOTION TO RISE AND REPORT Moved by: Deputy Warden Jones Seconded by: Councillor Widner Page 7 of 134 RESOLVED THAT we do now rise and report. Motion Carried Closed Meeting Item #1 - Closed Meeting Minutes - October 10, 2023 and October 18, 2023 Moved by: Councillor Sloan Seconded by: Councillor Couckuyt RESOLVED THAT the closed session minutes of the Regular Meeting of Council held on October 10, 2023 and the closed session minutes of the Special Meeting of Council held on October 18, 2023 be adopted. Motion Carried. Closed Meeting Item #2 - Boundary Adjustment Matter (verbal) Moved by: Councillor Widner Seconded by: Deputy Warden Jones RESOLVED THAT the confidential report from the Director of Legal Services be received for information; and THAT staff proceed as directed. Motion Carried. Closed Meeting Item #3 - Human Resources Update Moved by: Councillor Giguere Seconded by: Councillor Leatham RESOLVED THAT the confidential report from the Director of Human Resources be received for information; and THAT staff proceed as directed. Motion Carried. Closed Meeting Item #4 - Labour Relations Moved by: Councillor Widner Seconded by: Councillor Giguere RESOLVED THAT the confidential report from the Director of Human Resources be received for information; and THAT staff proceed as directed. Motion Carried Closed Meetinq Item #5 - Health Recruitment Partnership Recruitment Moved by: Councillor Couckuyt Seconded by: Councillor Sloan RESOLVED THAT the confidential report from the Chief Administrative Officer/Clerk be received for information. Motion Carried. Closed Meeting Item #6 - CAO Recruitment Update (walk-on) Moved by: Councillor Widner Seconded by: Councillor Hentz Page 8 of 134 RESOLVED THAT the Chief Administrative Officer/Clerk proceed as directed. Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Deputy Warden Jones Seconded by: Councillor Sloan 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. 23-41 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the October 24, 2023 Meeting. Moved by: Councillor Sloan Seconded by: Councillor Leatham RESOLVED THAT By -Law No. 23-41 be now read a first, second, and third time and finally passed. Motion Carried. 13. ADJOURNMENT Moved by: Councillor Widner Seconded by: Councillor Sloan RESOLVED THAT we do now adjourn at 10:52 a.m. to meet again on November 14, 2023 at 9:00 a.m. Motion Carried. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. 7 Page 9 of 134 z Q z Z � Z) o z m O 0 v O w U >' ccr,- V) z O z J C7 oc p p p O p w z 2i E m Z, 11? r� R all ;o w Wwmwmww� 0 N U O m m� o O Ol 0 al 4-J O :3 N bn U N {-' v O N 4- s N J O Q � Co Co Q 0 O � Q Q) � 4-J N (D N V) N (N :3 O O Co N - aA U N O — O -0 V) • i U tD Otw U 4O " C) O N U N • - i, iA - -0-0 S Q 4-J �O O N. x _0 s Q s-J . 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LLJ M /Iroo; 0 , gin, RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Ed Ketchabaw, Warden DATE: November 14, 2023 SUBJECT: Warden's Activity Report October 2023 THAT the report titled "Warden's Activity Report October 2023" dated November 14, 2023 from Warden Ketchabaw be received and filed. INTRODUCTION: The purpose of this report is to provide a high-level summary of the meetings and official functions I have attended during the month of October 2023 as Elgin County Warden. BACKGROUND AND DISCUSSION: Events/Meetings Attended by Warden: October 2023: • County Council Meetings (October 10 and October 24, 2023) • Special Meeting of County Council (October 18, 2023) • Malahide Strategic Plan Meeting (October 5, 2023) • SCOR Meeting (October 5, 2023) • Bridges to Better Business at the Railway Museum (October 5, 2023) • Terrace Lodge Redevelopment Steering Committee Meeting (October 10, 2023) • Human Resources Committee Meetings (October 10 and October 11, 2023) • Western Ontario Wardens Caucus Summit (October 12, 2023) • SCOR Joint MP and MPP Meeting (October 12, 2023) • Western Ontario Wardens Caucus — Full Caucus Meeting (October 13, 2023) • Elgin County Emergency Exercise (October 17, 2023) • Elgin Economic Development Business Retention and Expansion Meeting (October 18, 2023) • CAO Candidate Meeting (October 21, 2023) • Budget Committee Meeting (October 24, 2023) • SCOR Presentation at Oxford County Council (October 25, 2023) Page 23 of 134 • Ligin county i our of the Nsycn Hospital (uctober 1b, 1U2:3) • Association of Ontario Road Supervisors Meeting — Elgin/Oxford Chapter (October 27, 2023) • Rural Economic Development (RED) Grant Announcement with Rob Flack, MPP (October 27, 2023) FINANCIAL IMPLICATIONS: None. 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. Elgin County continues to work with and find ways to collaborate with Elgin's municipal partners. COMMUNICATION REQUIREMENTS: None. CONCLUSION: 2 Page 24 of 134 i iooK rorward to continuing to represent Elgin County Council and connecting with our residents and stakeholders through various events and meetings during the rest of my term as Warden. All of which is Respectfully Submitted Ed Ketchabaw Warden 3 Page 25 of 134 Report to County Council From: Sarah Savoie, Accessibility Coordinator Date: November 14, 2023 Elgin Progs,resusive by I'Vature Subject: Updates to the Accessibility Policy, Emergency Response Policy, and Accommodations Policy Recommendations: THAT the report titled "Updates to the Accessibility Policy, Emergency Response Policy, and Accommodations Policy" dated November 14, 2023 from the Accessibility Coordinator be received, filed and approved. Introduction: The purpose of this report is to provide Elgin County Council with an overview of the updates and changes made to the following policies: • 2.130 County Accessibility Policy • 2.130.1 Emergency Workplace Response for Employees with Disabilities Policy • 2.80.2 Accommodations in the Workplace Policy The information provided in the report is intended to provide a comprehensive overview of the recommended updates and changes that were made to the above policies. The purpose of the changes is to better align the policies with best practices and ensure they are aligned with the requirements under the A("(g tt tt il)i1iP )nPatians with Disal a a � a 2(2 !k�.� as�L�.�k E99Ld2ti L) ....II "ef ti..�i 1 i ti) (IASR), and the � )ntatk',,) I lua-mr) Rights...(ode,.., II `a 0 1 ;. II N. '19 (the Code). The County is committed to identifying, removing and preventing barriers that inhibit the full and equal participation of people with disabilities. Discussion: 2.130 County Accessibility Policy The AODA requires all public organizations to meet the accessibility standards established by the legislation. This policy provides a framework to guide the review and development of Elgin County goods, services, programs and facilities in an inclusive manner that considers the AODA requirements and the needs of people with disabilities. Page 26 of 134 2 i ne policy acts as the main accessibility policy for Elgin County and provides information on how the County will meet the requirements of the IASR. This regulation establishes the accessibility standards and sets forth the requirements Municipalities must meet, which includes: information and communication, employment, transportation, design of public spaces, and customer service. Further accessibility related requirements beyond the AODA and IASR can be found in both the Ontario Building Code and the Code. Requirements set out in the Accessibility Policy are not a replacement or substitution for the requirements established under the Code, nor does the policy limit any obligations owed to persons with disabilities under any other legislation. Further amendments to the Accessibility Policy may occur if Standards under the IASR are amended or developed and will be brought forward for Council approval based on timelines and compliance requirements. The policy will be reviewed and updated on an as needed basis. Summary of Changes Made to Accessibility Policy: • Added a Purpose section that indicates the aim of the policy • Updated the Statement of Commitment (previously titled Policy Statement) section to reduce repetitiveness • Added a Legislative Authority section to outline the relevant legislation that oversees accessibility requirements in Ontario and the sections of the IASR • Added a Scope to indicate who the policy applies to and how it is applied • Expanded the Definitions section to include accessible formats, barrier, communication supports, service animal (removed `guide dog' as it is covered under service animal), and support person. • Reorganized the sections of the Accessibility Policy to align with the sections in the IASR (ex: general requirements, information and communication etc.), and used similar titles/headings o The purpose of this is to make information easier to find and access • Updated and added the following sections under General Requirements: Joint Multi -Year Accessibility Plan; Annual Accessibility Status Report; Procurement of Goods, Services and Facilities; Self -Service Kiosks; and Training • Updated and added the following sections under Information and Communications: Feedback; Accessible Formats and Communication Supports; Emergency Procedures, Plans and Public Safety Information; Accessible Website and Web Content; and Public Libraries • Updated and added the following sections under Employment: Recruitment, Assessment or Selection Process; Workplace Accommodations; Workplace Emergency Response Information; Documented Individual Accommodation Plan; Return to Work Process; and Performance Management, Career Development and Redeployment • Updated and added the following sections under Design of Public Spaces: Accessible Built Environment; Joint Accessibility Advisory Committee Consultation; and Maintenance of Accessible Elements Page 27 of 134 3 upoatea ana aaaea the toiiowing sections unaer customer Service: Nrovision of Goods, Services and Facilities; Service Animals; Support Persons; Assistive Devices; Notice of Temporary Service Disruptions Added a section on Compliance to indicate the importance of adhering to all legislative requirements and information outlined in the Accessibility Policy Included sections on Contact Information and Supporting Documents 2.130.1 Emergency Workplace Response for Employees with Disabilities Policy The County of Elgin will make all reasonable efforts to provide individualized workplace emergency response information for employees who have a disability. The County must be made aware of the need for an individualized response. It is the expectation that all staff involved in assisting employees with disabilities during an emergency response, do so in a safe manner. Staff must ensure that the environment, equipment, and tools used during the emergency response are safe and in good working condition. The policy is aligned with the AODA and IASR requirements. Summary of Changes Made to Emergency Response Policy: • Updated the Statement of Commitment (previously titled Policy Statement) to include section indicating all staff involved in assisting employees with disabilities during an emergency must do so in a safe manner • Expanded the Definitions section to include: Accessible Emergency Information; Designated Person(s); Employee Requiring Assistance; Disability; and Individualized Emergency Response Plan • Expanded the Roles and Responsibilities section to include more details for employees (ex: being aware of what happens during an emergency and review plans to ensure it is accessible) and human resources (ex: include other information for the plan such as identifying designated person(s), delegating responsibilities when absent, providing emergency information to designated person(s), reviewing the plan and consulting the manager (as needed) • Added the following sections: Manager Responsibilities, Department Staff Responsibilities, and Maintenance Responsibilities o The purpose is to ensure that the planning process is more comprehensive and inclusive, and that the workplace is being maintained in a manner that considers the safety of all employees • Expanded the Procedures for Designated Persons section to include details on the responsibilities (ex: delegating responsibilities, involvement in the planning process etc.), and a Tips on Staying Safe in an Emergency section was added • Added a Supporting Documents section including references and resources • Added a Worker Emergency Self Evaluation Assessment form (inclusion TBD) 2.80.2 Accommodations in the Workplace Policy The County of Elgin is committed to providing inclusive, barrier -free employment, facilities, and services that are free from discrimination per the Code, and the AODA. Page 28 of 134 0 i ne aim or the County's Accommodations in the Workplace Policy is to foster an inclusive workplace environment, and fulfil the duty to accommodate by promoting accessible and inclusive employment practices, facilities, and service provision. Accommodations shall be explored for persons and/or groups when requested, and ensure it is aligned with the requirements set out in the AODA, IASR, and the Code. Summary of Changes Made to Accommodations Policy: • Added a Purpose section indicating the aim of the policy • Moved the Statement of Commitment (previously titled Elgin County's Commitment) under the Policy Statement and altered the wording to be more inclusive and less repetitive • Added a Scope section to indicate which stakeholders the policy applies to • Expanded Legislative Authority (previously titled The Legal Environment) to include the links to relevant legislation and moved information relating to the Duty to Accommodate to its own section • Added a Definitions section with accommodation types (universal and individual) disability, documented individual accommodation plan, and duty to accommodate • Duty to Accommodate section details what is required of the Employer per the Human Rights Code (which includes accommodations on the basis of disability, sex, religion etc.) to accommodate employees to the point of undue hardship • Included an Accommodation Process description added before the responsibilities sections that details that all parties must cooperate and work collaboratively in order to ensure accommodations are successfully implemented o Included the following statement: Employee privacy and confidentiality will be maintained throughout the accommodation process, and information will only be disclosed on a need to know basis, with the consent of the individual (Employee or applicant). All accommodation requests will be taken seriously, and no person will be penalized for making an accommodation request. • Responsibilities sections include Employee, Management, Bargaining Agent, Workplace Community, and Attending Physician • Made minor changes to the Recruitment Accommodations section (removed use of `he or she' and replace with gender neutral `they' or `them'; altered wording regarding obtaining of information to verify accommodation needs etc.) • Made minor changes to the Workplace Accommodations section (added `or other relevant Health Care Practitioner' beside Attending Physician as some accommodation needs may be better verified by a different practitioner; added a line about reviewing and making changes to the accommodation plan) • Changed `accommodation plan' to `Documented Individual Accommodation Plan' to better reflect legislative requirements • Included Supporting Documents section with related policies and procedures Page 29 of 134 rinanciai implications: rem 5 Alignment with Strategic Priorities: Serving Elgin Growing Elgin ® Ensuring alignment of ® Planning for and current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. Additional Comments: None. ® 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. There is no direct Local Municipal Partner impact. If requested, the County can share the updated policies with its Local Municipal Partners should they wish to use it when reviewing and updating their own accessibility related policies. Communication Requirements: The Joint Accessibility Advisory Committee has reviewed and approved the changes made to the accessibility policies as outlined above. The changes then require approval from County Council, as indicated in this report. The 2.130 County Accessibility Policy is required to be posted online in an accessible format for the public to access. Conclusion: The information contained in this report is intended to provide a high level, but detailed overview of the changes made to the three accessibility related policies. Changes are subject to be altered during the review process by the JAAC and Elgin County Council. Page 30 of 134 All of which is Respectfully Submitted Sarah Savoie Accessibility Coordinator Amy Thomson Director of Human Resources Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 0 Page 31 of 134 �y/l/i%%%%I%f I I E. i. Progressive by Nature Subject: Policy Number: Date Approved: Date of Last Revision: Code: Section: County of Elgin Human Resources Policy Manual County Accessibility Policy 2.130 September 25, 2012 November 22, 2016 A 2 County Accessibility Policy Purpose This policy provides a framework to guide the review and development of Elgin County goods, services, programs and facilities, that considers the Accessibility for Ontarians with Disabilities Act (AODA) and Integrated Accessibility Standards Regulation (IASR) requirements and the needs of people with disabilities. Requirements set out in the Accessibility Policy are not a replacement or substitution for the requirements established under the Ontario Human Rights Code (the "Code") nor does the policy limit any obligations owed to persons with disabilities under any other legislation. Statement of Commitment The County of Elgin (the "County") is committed to providing a barrier -free environment for all individuals accessing County goods, services, and facilities. The County recognizes the diverse needs of its residents and employees, and will continue to prioritize accessibility to ensure the full inclusion of people with disabilities. In order to meet the needs of people with disabilities the County will: • Ensure policies address dignity, independence, integration and provide for equal opportunity for people with disabilities. • Allow people with disabilities to use their own personal devices to obtain, use or benefit from the services offered by the County. • Accommodate the accessibility needs of people with disabilities to ensure they can obtain, use or benefit from the County's goods, services, programs and facilities. • Communicate with people with disabilities in a manner that considers the person's disability. Page 32 of 134 �y/l/i%%%%I%f County of Elgin Human Resources Policy Manual Legislative Authority The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires all public organizations to meet the accessibility standards set out under the AODA and the O.Reg 191/11 Integrated Accessibility Standards Regulation (IASR). Additional legislative requirements beyond the AODA and IASR can be found in both the Ontario Building Code (OBC) and the Ontario Human Rights Code. The AODA and IASR provides for the development, implementation and enforcement of accessibility standards in order to achieve accessibility for persons with disabilities in all aspects of society. All County policies, procedures, by-laws, standards, and guidelines must comply with the legislative requirements. The County must meet requirements in key areas under the IASR, including: • General Requirements (Procurement, Training and Policy) • Information and Communications • Employment • Transportation • Accessible Built Environment • Customer Service Scope This policy applies to all persons who deal with members of the public, other third parties who act on behalf of the County, employees, member of Council, agent, volunteer, student placement, committee member, or otherwise and all persons who participate in developing the County's policies governing the provision of goods, services or facilities to members of the public or other third parties. Definitions Accessible Formats: may include, but are not limited to, large print, recorded audio and electronic formats, braille and other formats usable by persons with disabilities. Barrier: means anything that prevents a person with a disability from fully participating in all aspects of society because of his, her or their disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice Communication Supports: may include, but are not limited to, captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications. VA Page 33 of 134 �y/l/i%%%%I%f alri///�J �County of Elgin � ��. i. Progressive byNature Human Resources Policy Manual Disability (as defined by the Code) means, a. any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, b. a condition of mental impairment or a developmental disability, c. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, d. a mental disorder, or e. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; ("handicap") Service Animal: For the purposes of this policy, an animal is a service animal for a person with a disability if: 1) the animal can be readily identified as one that is being used by the person for reasons relating to the person's disability, as a result of visual indicators such as the vest or harness worn by the animal; or 2) the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability: i. A member of the College of Audiologists and Speech -Language Pathologists of Ontario ii. A member of the College of Chiropractors of Ontario iii. A member of the College of Nurses of Ontario iv. A member of the College of Occupational Therapists of Ontario V. A member of the College of Optometrists of Ontario vi. A member of the College of Physicians and Surgeons of Ontario vii. A member of the College of Physiotherapists of Ontario viii. A member of the College of Psychologists of Ontario ix. A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario Support Person: means, in relation to a person with a disability, another person who accompanies him, her or them in order to help with communication, mobility, personal care or medical needs or with access to goods, services or facilities. K Page 34 of 134 ill//!/%71% �y/lei%ddl 1�01ri7/%fProgressive by Nature L�: County of Elgin Human Resources Policy Manual General Requirements Joint Multi -Year Accessibility Plan The County will establish, implement, and maintain a Joint Multi -Year Accessibility Plan (MYAP), outlining the County and its Local Municipal Partner's (LMPs) strategy to identify, remove and prevent barriers, and to meet relevant legislative requirements. The County will establish and implement the Plan in consultation with the public, people with disabilities and the Joint Accessibility Advisory Committee. The County shall review and update the plan at least once every five (5) years. The plan will be made available to the public on the County website, and it will be provided in an accessible format and/or with communication supports upon request. Annual Accessibility Status Report The County and its LMPs will prepare a Joint Annual Accessibility Status Report, on an annual basis, to report on the progress and measures taken to implement the strategy and goals set out in the Joint MYAP. The Joint Annual Accessibility Status Report will be posted on the County and Local Municipal Partner's websites. The report can be made available in an accessible format, upon request. Procurement of Goods, Services and Facilities The County will incorporate accessibility design, criteria and features when purchasing or acquiring goods, services or facilities, except where it is not practicable to do so. Where it is not practicable to incorporate accessibility design, criteria and features, an explanation will be provided upon request. Self -Service Kiosks The County shall incorporate accessibility features when designing, procuring, and acquiring self-service kiosks. Training The County will provide training to all employees and volunteers including Council and Committee Members, people who participate in the development of policies, and all persons who provide goods, services or facilities on behalf of the County. Training provided will be appropriate to the duties of the individual, on any policy changes, and it will be provided as soon as practicable. AODA and OHRC Training: • An overview of the Ontario Human Rights Code 4 Page 35 of 134 �y/l/i%%%%I%f County of Elgin Human Resources Policy Manual A review of the Accessibility for Ontarians with Disabilities Act, 2005 A review of the Integrated Accessibility Standards Regulation (O. Reg 191/11) Specific review of IASR requirements, based on the duties associated with the employee Customer Service Training: • How to interact and communicate with people with various types of disabilities • How to interact with people with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person • How to use equipment or devices available on the County's premises or otherwise provided by the County that may help with the provision of goods, services or facilities to a person with a disability • What to do if a person with a disability is having difficulty accessing the County's goods, services or facilities The County will maintain a record of training that includes details on the training provided, who received training, the dates, and number of individuals trained. Information and Communications The County is committed to ensuring all stakeholders can access information and communications created by the County. Note that the information and communications standards do not apply to products and product labels (exceptions apply) unconvertible information or communications, and information that the County does not control directly or indirectly through a contractual relationship (exceptions apply). Feedback The County welcomes feedback from members of the public relating to the provision of accessible goods, services or facilities to people with disabilities. Customer feedback helps the County identify barriers, improve the delivery of goods, services and facilities, and to respond to accessibility related questions or concerns. It is recommended that the feedback submitted include the date, description, any suggestions or recommendations for the County, input on how to resolve the complaint (if applicable), and personal contact information if the individual wishes to be contacted. Feedback can be submitted to the County in the following ways: a) By mail addressed to: Human Resources Department Elgin County 4 Page 36 of 134 �y/l/i%%%%I%f County of Elgin Human Resources Policy Manual 450 Sunset Drive St. Thomas, ON, N5R 5X7 b) By email: hr@elgin.ca c) By phone: 519-631-1460 ext. 125 d) By website using the Accessibility Contact form or the Accessibility Feedback Form located on the Accessibility page of the County website The County will ensure the feedback process is accessible by providing, or arranging for the provision of accessible formats and communication supports, upon request. The County is required to develop a feedback process and the steps that will be taken when responding to complaints, as outlined below. The public can request more details on the process by contacting the County. County Feedback Process: 1. Once feedback is received the Human Resources Department will identify if the feedback is a complaint, suggestion, recommendation, or complement. 2. The Human Resources Department will maintain a recording outlining the details provided (date, description, suggestions, recommendations, input, personal contact information), and follow-up actions will be taken. 3. If the feedback submitted indicates the individual wishes to be contacted, the Human Resources Department will acknowledge receipt of the feedback within 5 business days. 4. Where possible, complaints will be acknowledged and addressed immediately. 5. When the feedback requires input from a Director/Manager, the Human Resources Department will forward feedback to the appropriate Director/Manager to determine what action will be taken. If a barrier is identified, the Director/Manager will determine if it is feasible to remedy the barrier. The Director/Manager will advise the Human Resources Department of the decision and reasons for it. 6. In the case where a decision is made by a Director/Manager, the Human Resources Department will respond to the individual who submitted the feedback of the decision made and reason for it within thirty (30) business days. 7. If agreement on the resolution of a complaint cannot be reached, the Director/Manager has the option to present the issue to County Council for final disposition. In this case, the Human Resources Department will inform the individual who submitted the feedback of the decision and reasoning once it is received. Page 37 of 134 ill//!/%71% �y/lei%ddl 1�01ri7/%fProgressive by Nature L�: County of Elgin Human Resources Policy Manual Accessible Formats and Communication Supports The County will provide accessible formats of information and communications that are produced by, or in direct control of the County. Information produced by third parties, that is not controlled directly or indirectly by the County, can be requested to be provided in an alternative format that is accessible and/or with communication supports. The public can make a request by submitting the Accessible Format or Communication Supports Form located on the Accessibility page on the County website. The County will consult with the individual making the request to determine the suitability of an accessible format or communication support. Accessible formats and communication support will be provided upon request in a timely manner and at a cost that is no more than the cost charged for the original format. When it is not practicable to provide an alternate accessible format, the County will provide an explanation and a detailed summary of the document in an accessible format. If the County is unable to obtain the requested communication support, the County will consult the individual to determine an alternative method of communication. Emergency Procedures, Plans and Public Safety Information The County will provide emergency procedures, plans and public safety information in an accessible format or with appropriate communication supports, as soon as practicable, upon request. Accessible Website and Web Content The IASR requires that all County's web content (websites, social media pages, and web applications) controlled directly by the County or indirectly through a contractual relationship, to conform to the WK Web Content Accessibility Guidelines (WCAG) 2.0 Level A and AA (except criteria 1.2.4 and 1.2.5) by the schedule set out in the IASR. The Human Resources Department is responsible for establishing and maintaining procedures, standards, guidelines and training to ensure all web content made publicly available is accessible. Any County Departments that are involved in the creation and distribution of web content are required to adhere to the WCAG 2.0 requirements. The County will ensure all documents that are directly controlled by the County, or indirectly through a contractual relationship, are in accessible format when made publicly available online. Members of the public may request for documents that are not directly or indirectly controlled by the County to be provided in accessible format and/or with communications supports, upon request. 7 Page 38 of 134 ill//!/%71% �y/lei%ddl 1ri7/%f 1�0 L�: I I Elgi.i Progressive by Nature County of Elgin Human Resources Policy Manual In the event that the document (whether directly or indirectly controlled by the County) or web content is unconvertible, the County shall provide an explanation as to why it is unconvertible, and a summary of the unconvertible information in accessible format. The County will consult with the requesting individual to determine suitability of format. Public Libraries Elgin County Libraries will provide access to or arrange for the provision of access to accessible materials where they exist. The public can access information regarding the availability of accessible materials on the Elgin County Library website or by contacting the Library. Information is available in accessible formats and/or with communication supports, upon request. Employment The County is committed to fair and accessible employment practices. The Employment Standards in the IASR outlines requirements for the accommodation of persons with disabilities during the recruitment process and throughout their employment with the County. Note that the employment standards do not apply in the respect of volunteers or other non -paid individuals. Recruitment, Assessment or Selection Process The County will notify all potential applicants that accommodations are available upon request during the in the interview, assessment and testing process. Applicants must make their accessibility needs known and put in a request for accommodations. Upon receipt of such request, the County will consult the individual making the request and determine suitable accommodations. When making an offer of employment, the County will inform the individual of the County's commitment to providing accommodations in the workplace. Information regarding the accommodation process and accessible employment practices and policies will be provided to new employees as soon as practicable, once they begin their employment. Updated information will be provided whenever there are changes made to relevant policies. Workplace Accommodations Accommodations will be provided to employees with disabilities during the duration of their employment with the County of Elgin. Employees must submit their request for accommodations in writing. Employees may request for information required to perform their job duties and/or information available to all employees in the workplace to be provided in an accessible format and/or with communication supports. The County will consult with the employee to determine the suitability of the accessible format and/or communication support being offered/provided. Page 39 of 134 �y/l/i%%%%I%f County of Elgin Human Resources Policy Manual Workplace Emergency Response Information The County will provide Individualized Workplace Emergency Response Plans for employees with disabilities when deemed necessary and the County is aware of the need for accommodation due to the employee's disability. If the employee receiving the emergency response plan requires assistance, the County will, with consent from the employee, provide the emergency response information to the designated person that will provide the assistance. The County will provide relevant information as soon as practicable. Individualized Workplace Emergency Response Plans will be reviewed when: • The employee moves to a different location in the organization • The employee's overall accommodation needs or plans are reviewed • The employer reviews the general emergency response policies Documented Individual Accommodation Plan The County must maintain a written process for the development of Documented Individual Accommodation Plans for employees with disabilities. For full details, see 2.80.2 Accommodations in the Workplace Policy. Return to Work Process The County has in place a return to work process for employees who have been away from work due to a disability and require disability -related accommodations in order to return to work. The return to work process must be documented, and include the steps the County will take to facilitate the employees return to work, and include a documented individual accommodation plan. Performance Management, Career Development and Redeployment The County will take the accessibility needs and Individual Accommodation Plans into consideration for employees with disabilities during a performance management process, when providing career development and advancement, or when the employee is being redeployed. Design of Public Spaces Accessible Built Environment The County is committed to designing public spaces that are free from barriers and accessible to all persons. The County will comply with the requirements found in Part IV.1 of the IASR where applicable, in relation to the design of public spaces. The Design of Public Spaces Standards requires the County to comply with respect to public spaces that are newly constructed or redeveloped, including: eJ Page 40 of 134 �y/l/i%%%%I%f I I Elgi.i Progressive by Nature County of Elgin Human Resources Policy Manual • Recreation trails and beach access routes • Outdoor public use eating areas and rest areas • Outdoor play spaces • Exterior paths of travel • Accessible parking • Obtaining services The County has created, in collaboration with the Joint Accessibility Advisory Committee, several guidelines to assist with the implementation of this Standard: a) Accessible On -street Parking Standard b) Accessible Playground Consultation Document c) Recreational Trails Consultation Document & Guidelines The County is must also adhere to the requirements for the Accessible Built Environment under the O.REG. 332112 Ontario Building Code Act. Joint Accessibility Advisory Committee Consultation In accordance with the IASR, Municipalities with a population of 10,000 or more must have a Municipal Accessibility Advisory Committee. Elgin County has formed a joint committee with the Municipality of Central Elgin, known as the Joint Accessibility Advisory Committee (JAAC). The Committee is legally required to provide consultation to the Municipality and County on various matters relating to accessibility. Elgin County will ensure the JAAC is consulted on the following: • When establishing, reviewing and updating the Joint MYAP • When developing accessible criteria for the design, construction, renovation or placement of bus stops or shelters • When determining the proportion of on -demand accessible taxicabs • The need, location and design of accessible on -street parking spaces when building new or making major changes to existing on -street parking spaces • When building new or making major changes to recreational trails • The needs of children and caregivers with various disabilities when building new or making major changes to existing outdoor play space s • The design and placement of rest areas along an exterior path of travel when building new or making major changes to existing exterior paths of travel • When the County constructs, purchases, significantly renovates, and leases buildings or declares a municipal capital facility • Provide site plans or drawings from developers in a timely manner, when requested (example: subdivisions, municipal offices, community centres, recreational centres) 10 Page 41 of 134 ill//!/%71% �y/lei%ddl 1�01ri7/%fProgressive by Nature L�: County of Elgin Human Resources Policy Manual • In all other circumstances where it appears appropriate to seek advice from the JAAC on how to remove barriers for people with disabilities Maintenance of Accessible Elements The County has established a procedure for preventative and emergency maintenance of accessible elements in public spaces, and a procedure for dealing with temporary service disruptions regarding accessible elements. Both procedures are included in the Joint Multi -Year Accessibility Plan under Appendix A and Appendix B. Customer Service Provision of Goods, Services and Facilities The County shall develop, implement and maintain policies regarding the provision of goods, services or facilities. It shall align the policies with the following principles: 1. The goods, services or facilities must be provided in a manner that respects the dignity and independence of persons with disabilities. 2. The provision of goods, services or facilities to persons with disabilities must be integrated with the provision of goods, services or facilities, unless an alternative measure is necessary, to ensure access for all persons. 3. Persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods, services and facilities. 4. When communicating with a person with a disability, the County shall do so in a manner that considers the person's disability. Service Animals The County welcomes all persons with disabilities and their service animals. Service animals are not required to have certificates or identity cards; however, in the event that a service animal is not easily identifiable, County employees may ask for documentation (template, letter or form) from a regulated health professional or identification card from the Ontario Ministry of the Attorney General (where applicable). In the event that a service animal is excluded by law, such as in a food preparation area, the County will provide an explanation and, in consultation with the individual, will find an alternative way to ensure the person with a disability can obtain, use or benefit from County goods, services and facilities. The individual with the service animal is responsible for the care and control of their service animal at all times, while on County premises. In the unlikely circumstance that control is unable to be maintained, the person with the disability will be informed they must regain control. If the animal is acting in a manner that causes health and/or safety concerns, the County may request the animal be removed from the situation or 11 Page 42 of 134 �y/l/i%%%%I%f County of Elgin Human Resources Policy Manual premises until control is resumed. The County will consider alternate accommodations in such circumstances to ensure access to County goods, services and facilities. General information on service animals: • Service animals are specially trained to assist a person with a disability and may aid with opening doors, picking up items, predicting seizures, alerting to sounds. • Service animals may be dogs or other types of animals. • Service animals are not pets, they are working animals. Do not pet or talk to a service animal. • Service animals provide a vital service and are allowed to be with their owner at all times, and may Support Persons The County will allow people with disabilities to be accompanied by a support person in all County -owned and operated public facilities. The County reserves the right to request a person with a disability to be accompanied by a support person when on the premises, but only if, after consulting with the person with a disability and considers the available evidence, the County determines that: • A support person is necessary to protect the health or safety of the person with a disability or the health or safety or others on the premises; and • There is no other reasonable way to protect the health or safety of the person with a disability and the health or safety of others on the premises. Admission fees will be waived for support persons who accompany a person with a disability. Assistive Devices The County allows people with disabilities to use their own personal assistive devices to obtain goods, services or facilities offered by the County. It is the responsibility of the person with a disability to ensure their assistive device is operated in a safe and controlled manner at all times. If a person with a disability is unable to access a good, service or facility through the use of their own personal assistive device, or if their own personal assistive device poses a health and safety risk to others, the County will consult with the individual to determine an alternate means to obtain, use or benefit from the County's goods, services or facilities. Staff within the applicable department will be trained in the application and use of the device the County has on site or that is being provided to be used by customers with disabilities while accessing our goods, services or facilities. 12 Page 43 of 134 �y/l/i%%%%I%f County of Elgin Human Resources Policy Manual Notice of Temporary Service Disruptions Temporary service disruptions in County services or facilities may occur due to reasons that may or may not be within the County's control or knowledge. If a temporary service disruption is planned or unplanned the County will make reasonable efforts to provide notice of the disruption. Notice of the disruption will include: the reason for the disruption, its anticipated duration and a description of alternative facilities or services, if any, that are available. Procedures for specific service disruptions will be developed, and a copy of the procedures will be available to individuals upon request. If the disruption is anticipated, the County will provide a reasonable amount of advance notice. Notice will be given by posting the information in a conspicuous place as well as by posting the information on the County or Library website. Compliance The County must submit completed Accessibility Compliance Reports to the Ministry for Seniors and Accessibility, in accordance to the schedule set out under the AODA. Failure to comply with all legislative requirements may result in fines and reputational damages. All employees are responsible for ensuring compliance with this Policy. Contact Information For questions relating to this Policy and other Accessibility related policies, procedures or guidelines, contact the HR Department at the County Accessibility Page Supporting Documents Policies 2.80.2 Accommodations in the Workplace Policy 2.130.1 Emergency Workplace Response for Employees with Disabilities Procedures Accessible Maintenance Procedures Temporary Service Disruptions Procedure Plans and Reports Return to Work Plan and Process Elgin County and its LMPs Joint Multi -Year Accessibility Plan 2021-2026 Joint Annual Accessibility Status Reports 13 Page 44 of 134 �y/lei%ddl alri///�J E..0 County of Elgin Progressive byNature Human Resources Policy Manual Subject: Emergency Workplace Response for Employees with Disabilities Policy Number: 2.130.1 Date Approved: September 11, 2012 Date of Last Revision: Code: A Section: 2 Emergency Workplace Response for Employees with Disabilities Statement of Commitment The County of Elgin is committed to making all reasonable efforts to provide individualized workplace emergency response information for employees who have a disability. The County must be made aware of the need for an individualized response. It is the expectation that all staff involved in assisting employees with disabilities during an emergency response, do so in a safe manner. Staff must ensure that the environment, equipment, and tools used during the emergency response are safe and in good working condition. Definitions Accessible Emergency Information: emergency information is any visual or audio material that explains what employees should do in the event of an emergency in the workplace, this includes posters and training videos. Designated Person(s): the staff member(s) assigned to assist the employee requiring assistance during an evacuation. Employee Requiring Assistance: staff with a permanent or temporary disability that may impact their ability to evacuate the building safely during an emergency. Examples of conditions may include, but are not limited to: Inability to climb/descend stairs Inability to hear emergency alarms and/or see signs Require emergency equipment and evacuation directions Disability means, a) Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality Page 45 of 134 �y/l/i%%%%I%f I I E. i. Progressive by Nature County of Elgin Human Resources Policy Manual of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, b) A condition of mental impairment or a developmental disability, c) A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, d) A mental disorder, or e) An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997("handicap") Individualized Emergency Response Plan: an individualized emergency response plan is a written document that outlines the information for the employee or volunteer with a disability, that is specific to the workplace. It may outline types of assistance an employee with a disability requires, such as: • Activating an alarm or installing a flashing alarm in an office • Locating building exits • Communicating with emergency responders • Moving through crowds in stressful situations • Travelling in and out of buildings using the elevator • Finding designated emergency waiting areas Individualized Workplace Emergency Response: refers to the provision of emergency response information to employees or volunteers that is specific to their workplace and provided in a manner that considers the nature of their disability. Roles and Responsibilities Employee Responsibilities • Notifying their manager or Human Resources of their need for an Individualized Workplace Emergency Response Plan as soon as it becomes apparent o This applies equally to employees who permanently require assistance and those who may have a temporary need. • Notifying their new manager of their need for Individualized Workplace Emergency Response Plan when they move to a different position or location within the organization. • Notifying their manager if their emergency response needs changing. VA Page 46 of 134 �y/lei%ddl I I ..0 County of Elgin Progressive byNature Human Resources Policy Manual Informing their manager or Human Resources if they require assistance in the event of an emergency situation. Consenting to having their emergency workplace response information shared with a designated person or persons who can aid the employee if the employee requires assistance accessing emergency information. Being aware of what happens during an emergency at their workplace, and everything employees are expected to do during an emergency. This may include reviewing or identifying the following: o Evacuation and fire safety plans, emergency procedures and policies, alarms, maps, exits, and designated waiting areas Manager Responsibilities • Ensuring employees are trained and aware of general emergency response plan for employees requiring assistance. • Being aware of employees with disabilities (temporary and permanent) and those that require assistance to evacuate in the event of an emergency. • Notifying the Emergency Management Department, HR, the employee and other stakeholders as required, to develop and communicate Individual Workplace Emergency Response Plan. • Discussing with the employee that requires assistance to determine level of assistance required to evacuate the floor in the event of an emergency. • Assisting with assigning a designated person to aid employees who require assistance during an emergency evacuation. Department Staff Responsibilities • Participating in training on general emergency response plan for employees requiring assistance • Assisting those that require assistance during an emergency evacuation Human Resources Responsibilities Providing individualized workplace emergency response information to their employee as soon as possible after they become aware of the need for this information. Reviewing the Individualized Workplace Emergency Response Plans on an as needed basis or when employees switch departments/locations. Developing Individualized Workplace Emergency Response Plans for employees requiring assistance which will include as a minimum: o Identification of both primary and secondary evacuation exits. o Procedures for notifying the employee in the event of an emergency in a manner that considers their disability. o Identifying which staff member(s) will be the designated person that assists an employee with disabilities during an emergency evacuation K Page 47 of 134 �y/l/i%%%%I%f I I E. i. Progressive by Nature County of Elgin Human Resources Policy Manual ■ Consider work arrangements and absences (delegate designated person responsibilities to another staff member when absent). o With the employee's consent, providing the workplace emergency response information to the person or persons designated by the employer to aid the employee. o Reviewing the employee's Individualized Workplace Emergency Response Plan if the employee's emergency response needs change. o Consulting the employee's manager as required. Maintenance Responsibilities • Ensuring that there are multiple signals used (visual, audio, vibratory alarms) to alert employees of emergency through audio and visual cues. • Ensuring visual signage is legible for everyone and uses images, Braille, large print and good colour contrast. • Providing audio directions to employees during emergency (when necessary). • Ensuring any equipment used to aid in emergency evacuations are in working order at all times and properly maintained. • Informing employees of possible hazards or barriers (ex: no elevator access) that may arise during an emergency situation. • Ensuring instructions provided are clear and employees are aware of where the exit routes are: o Exit routes must be safe. o Backup must be provided if stairs are the only way to exit certain parts of the building. o Exit paths should be clear of obstacles on the floor and overhead. o All doors and exit paths should be labelled. Procedures for Designated Persons • With the employee's consent, providing the workplace emergency response information to the person or persons designated by the employer to aid the employee. • Reviewing the employee's individualized workplace emergency response plan if the employee's emergency response needs change. • Consulting the employee's manager as required. • If there is an immediate threat on the floor that requires evacuation, the designated person assigned to the person requiring assistance will assist in the evacuation as planned. • If assigned to be a designated person, delegating and communicating responsibilities to another staff member when absent from the office and unable to assist (working remotely, on vacation, sick etc.). 4 Page 48 of 134 �y/l/i%%%%I%f County of Elgin Human Resources Policy Manual In the event that the designated person is not available at the time and the responsibilities were not delegated to another staff member, the person requiring assistance will identify themselves to the evacuation team leader/designate or any staff member in the area so a designated person can be assigned and assist the employee. Tips on Staying Safe in an Emergency • Move horizontally on the same floor away from the danger, if possible. • If the employee cannot move horizontally away from danger, the employee requiring assistance should be assisted to the closest exit stairs where they can be helped, if able, up or down the stairs towards the building exit. • If in the process of descending or ascending the exit stairs the employee cannot continue, the designated person should assist the employee to ensure the pathway is not obstructed for others evacuating the floor, if possible. • The designated person should be prepared to call or have another staff member call to inform the emergency responders of their status and location. • *DO NOT WAIT AT ELEVATOR LOBBIES: Elevator use for persons requiring assistance is not permitted, unless authorized by the Municipal emergency responders. Supporting Documents Policies 2.130 County Accessibility Policy 2.80.2 Accommodations in the Workplace Policy Procedures Accessible Maintenance Procedures Temporary Service Disruptions Procedure Assistive Device Procedure (Accessible Lift) Plans and Reports Return to Work Plan Return to Work Process Elgin County and its LMPs Joint Multi -Year Accessibility Plan 2021-2026 References Emergency Response Planning for Employees with Disabilities -Mount Sinai Hospital Personal Workplace Emergency Response Plan -Township of Brock Additional Resources Emergency Preparedness Guide for People with Disabilities -Government of Ontario How to Provide Accessible Emergency Information to Staff -Government of Ontario 4 Page 49 of 134 �y/l/i%%%%I%f alri///�J E. i. Progressive by Nature County of Elgin Human Resources Policy Manual Worker Emergency Self -Evaluation Assessment Do you experience any of the following conditions that could interfere with your ability to quickly evacuate the workplace in the event of an emergency? Limitations that interfere with walking or using stairs, such as joint pain or the use of a mobility device (wheelchair, canes, crutches, walker, etc.). Yes ❑ No ❑ Reduced stamina, fatigue or tire easily due to a variety of temporary or permanent conditions. Yes ❑No❑ Respiratory conditions, such as heart conditions, asthma, emphysema or other symptoms triggered by stress, exertion, or exposure to small amounts of dust or smoke, etc. Yes ❑No❑ Emotional, cognitive, thinking or learning difficulties (for example, you may become confused when dealing with an emergency, may lose sense of direction or may need emergency directions explained). Yes ❑No❑ Vision loss, so you may require assistance learning evacuation routes or assistance moving down stairs. Yes ❑No❑ Hearing loss, so you may require modification to emergency announcements, notifications and instructions. Yes ❑No❑ Temporary limitations resulting from, but not limited to, surgery, accidents and injuries, such as sprains, broken bones and pregnancy. Yes ❑No❑ Reliance on technology or medication that may not work in an emergency, such as hearing aids, wheelchair, elevator, lighting, sounds, etc. Yes ❑No❑ Do you believe that you will need assistance in an emergency evacuation? Yes ❑ No ❑ If yes, describe assistance needed: Worker's Name: Signature: Page 50 of 134 ill//!/%71% �y/lei%ddl 1ri7/%f 1�0 L�: I I E. i. Progressive by Nature County of Elgin Human Resources Policy Manual Subject: Accommodations in the Workplace Policy Number: 2.80.2 Date Approved: October 21, 2003 Date of Last Revision: January 28, 2014 Code: A Section: 2 Accommodations in the Workplace Policy Purpose The aim of Elgin County's Accommodations in the Workplace Policy is to foster an inclusive workplace environment, and fulfil the Duty to Accommodate by promoting accessible and inclusive employment practices, facilities, and service provision. Accommodations shall be explored for persons and/or groups when requested, and align with the relevant legislative requirements (see The Legal Environment). Statement of Commitment The County of Elgin (the "County") is committed to ensuring equality rights in the workplace. The County is dedicated to assessing and addressing the legitimate accommodation needs of Employees. The County strives to prioritize accessibility and ensure the inclusion of people with disabilities in a manner that respects their dignity, independence, integration and equal opportunity. It is understood that the Employer's ability to identify, properly assess and implement appropriate accommodation initiatives is dependent upon the support and input of all of the parties as outlined herein. All accommodation requests will be treated in a confidential manner. The objective of this policy is to facilitate the identification and resolution of accommodation issues that arise out of the following circumstances: 1. The existence of needs attending a condition of disability (see definition) that is in conflict with the employment obligations; 2. The existence of needs arising out of a protected status under human rights legislation that are in conflict with the employment obligations. Scope This policy applies to all employment policies, programs, practices, systems, communications, the use of facilities, and provisions of all County goods and services. Page 51 of 134 ill//!/%71% �y/lei%ddl 1ri7/%f 1�0 L�: I I Elgi.i Progressive by Nature County of Elgin Human Resources Policy Manual Legislative Authority The County of Elgin will adhere to all legislative requirements set out in the Ontario Human Rights Code (the Code), the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), and the Part III: Employment Standards section under the O.Reg 191/11 Integrated Accessibility Standards Regulation (IASR). The Employer, the Bargaining Agent (if applicable) and all Employees who are members of the workplace community all share a legal obligation to identify, implement and/or support appropriate accommodation initiatives where employees can be accommodated in the workplace without undue hardship. Definitions Accommodation Types: Universal Accommodations: a proactive process of identifying and eliminating barriers for everyone. This can be done through the initial design and/or modifying facilities, policies, programs, processes and practices, and ensuring potential barriers are identified and removed. 2. Individual Accommodations: an adaptation of adjustment and/or modification that may be required to enable an employee to perform his, her or their essential job responsibilities effectively and/or a service recipient to participate in a County program. This may involve one or more types of accommodations outlined. Disability: as defined by Accessible Canada Act S.C. 2019, C. 10, means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person's full and equal participation in society. (handicap). Disability means, a. Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co- ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, b. A condition of mental impairment or a developmental disability, VA Page 52 of 134 ill//!/%71% �y/lei%ddl 1ri7/%f 1�0 L�: I I Elgi.i Progressive by Nature County of Elgin Human Resources Policy Manual c. A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, d. A mental disorder, or e. An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997("handicap") Documented Individual Accommodation Plan: is a document which outlines the details of individual accommodations for an Employee with a disability. The Employee and Employer should work together to create the individual accommodation plan. Duty to Accommodate: requires the Employer to provide Employees, who have needs related to a disability, religious obligation or sex, that conflict with their working conditions, with reasonable assistance, modification, and/or accommodation to enable them to participate in the activity of work, to the point of undue hardship. It is done to ensure people with disabilities have equal opportunities, access and benefits. The Duty to Accommodate means that the accommodation must be provided in a manner that respects the dignity of the person, and does not create undue hardship. Dignity includes consideration of how accommodation is provided and the individual's participation in the process. Employers have an obligation to take steps to eliminate the disadvantage caused by systemic, attitudinal, or physical barriers that exclude individuals or groups protected under the Code from participating in all aspects of employment, use of facilities and service provision. Accommodation Process The County will fully consider every accommodation request. Successful accommodation initiatives require the cooperation, input and support of all parties; the Employer, the Employee seeking accommodation, Attending Physicians, Bargaining Agents and all Employees in the workplace community. It is expected that all parties will provide their cooperation and relevant input to ensure that they can successfully address accommodation issues that arise in the workplace. Employee privacy and confidentiality will be maintained throughout the accommodation process, and information will only be disclosed on a need to know basis, with the consent of the individual (Employee or applicant). All accommodation requests will be taken seriously, and no person will be penalized for making an accommodation request. A) Employee Responsibilities 1. Obligation to Communicate Need K Page 53 of 134 ill//!/%71% �y/lei%ddl 1�01ri7/%fI I L�: County of Elgin Human Resources Policy Manual Employees have an obligation to promptly advise Management or Human Resources of any condition of disability or need related to any other protected status that conflicts with their ability to either provide regular attendance at work, perform their regular duties or comply with other terms and conditions of employment. 2. Obligation to Provide Information (Medical or Other) Where a potential accommodation issue has been identified, the Employee seeking accommodation is responsible for promptly responding to all Employer requests for information that the Employer identifies as relevant to assessing or pursuing accommodation initiatives. 3. Obligation to Facilitate Accommodation Initiative Any Employee requiring accommodation is expected to conduct himself/herself reasonably and provide his/her full cooperation and support to the implementation of accommodation initiatives. Employees should recognize that a failure to do the following may limit the Employer's ability and obligations to successfully address the Employee's accommodation needs: a. Communicate an accommodation need; b. Provide all relevant information in a timely manner; and c. Cooperate with the implementation of accommodation measures. B) Management's Responsibilities 1. Upon an accommodation issue being raised or communicated by an Employee, Management will: a. Assess and verify the existence of an accommodation need; and, b. Assess and identify appropriate accommodation options. 2. Where accommodation options have a potential to impact on Collective Agreement terms or other Employees' rights under such Agreement, Management will consult with the Union prior to finalizing any accommodation option. 3. Management will monitor the progress of Employees who are being accommodated. Such monitoring may include requests for up -dated information from Employees and/or attending medical practitioners from time to time. The monitoring and current information will enable the Employer to respond to changing needs and/or identify when the need for accommodation ends. 4 Page 54 of 134 ill//!/%71% �y/lei%ddl 1ri7/%f 1�0 L�: I I Elgi.i Progressive by Nature County of Elgin Human Resources Policy Manual C) Bargaining Agent's Responsibilities The Bargaining Agent is jointly responsible for pursuing and successfully identifying and facilitating appropriate accommodation initiatives in the workplace wherever there is a conflict between an accommodation option and a collective agreement right. The Union will provide any relevant input, as well as its cooperation in identifying and facilitating relevant accommodation initiatives. D) Workplace Community's Responsibilities Successful accommodation requires the support and commitment of everyone in the workplace community. All Employees are expected to provide their assistance and support where required to facilitate accommodation initiatives. All members of the workplace community have an obligation to respect the right to accommodation of any Employee with a qualifying need. E) Attending Physician's Responsibilities The verification of accommodation issues and identification of appropriate accommodation initiatives is dependent upon relevant and timely input from Attending Physicians (or other relevant Health Care Practitioners). The Attending Physicians of any Employee who is faced with an accommodation issue in the workplace shall provide their full cooperation and support by: 1. Responding in a complete and timely manner to any request for information initiated by the Employer. 2. Communicating to the Employer in a timely manner any changes in the Employee's condition that may alter the required scope, duration or nature of an accommodation initiative. Recruitment Accommodations Accommodations will be provided to candidates during the recruitment process, including assessment, and orientation. Process for Recruitment Accommodations: 1. Make sure that qualifications are reasonable and pertain to the job. They should focus on education, experience, skills and abilities that reflect the bona fide occupational requirements of the job. 2. Ensure all potential applicants are made aware that the County will take steps to accommodate disability related needs in the interview and/or testing process. Applicants must identify their needs up front and provide timely information about how their situation or condition may affect their abilities to perform in an interview and/or test in order to receive accommodation(s). 3. Communicate the offer of accommodation to all applicants at the beginning of the selection process. Explain to the applicants the assessment methods and 4 Page 55 of 134 �y/l/i%%%%I%f alri///�J �County of Elgin Progressive byNature Human Resources Policy Manual formats you will use. This is especially helpful for people with disabilities as it helps them identify whether they need an accommodation and the type of accommodation required for each stage of the assessment process. 4. When an applicant makes a request for accommodation, ask the individual to identify what accommodations they will need in order to allow them to compete on an equal basis with other applicants. Obtain all relevant information on the applicant's accommodation needs, but do not request details about the disability unless it is to clarify the applicant's accommodation needs. In most cases the applicant is the best source of information. 5. Any accommodations provided should not change the nature of the qualification being assessed or the level at which it is assessed. Design accommodations to allow for equitable assessment of applicants with accommodation needs without placing them at an advantage or disadvantage when comparing them to other applicants. 6. When making an offer of employment, notify the individual of the County's commitment to providing accommodations in the workplace. Workplace Accommodations Accommodations will be provided to Employees with disabilities during the duration of their employment with the County of Elgin. Ensure the Accommodations Policy is communicated to all Employees (current or future) during the onboarding process. Process for Workplace Accommodations: 1. Encourage Employees to submit their request in writing. However, all forms of requests for accommodations will need to be addressed. 2. Ensure that the Employee requesting the accommodation is involved in the development of an individual accommodation plan. A representative from a bargaining unit or other workplace representative can be present during this process at the request of the Employee. 3. Once an accommodation is requested the Human Resources Manager will request medical information from an Attending Physician (or other relevant Health Care Practitioner) advising of the need for the accommodation and direction on appropriate modifications. The Human Resources Manager will inform the Employee of the steps taken to protect their privacy. 4. The Human Resources Manager will consult with the individual, their Manager and Attending Physician (or other relevant Health Care Practitioner) on accommodation requirements and determine a suitable option. Page 56 of 134 ill//!/%71% �y/lei%ddl 1ri7/%f 1�0 L�: I I Elgi.i Progressive by Nature County of Elgin Human Resources Policy Manual 5. Once the accommodation option has been determined, inform the Employee and implement the accommodation as quickly as possible. The Human Resources Manager will document accommodation plans and include: a) Any information regarding accessible formats or communication supports b) Individualized workplace and emergency response information, if necessary and; c) Any other accommodation that is to be provided. 6. Determine, with the Employee on how often the individual accommodation plan will be reviewed. The review may result in changes if an accommodation is not working correctly, or there are changes to the Employee's condition, job location, or responsibilities. Ongoing monitoring will help to ensure the success and effectiveness of the plan. 7. If an accommodation is denied, the Human Resources Manager will inform that Employee of the reason for denial. 8. Ask the Employee if alternate format and/or communication supports are required for the accommodation process and plan. Supporting Documents Policies 2.130 County Accessibility Policy 2.130.1 Emergency Workplace Response for Employees with Disabilities 8.320 Transitional Work Assignments 9.60 Paid Sick Leave Short -Term Disability Procedures Request for Accessible Formats and Communication Supports Procedure Assistive Device Procedure (Accessible Lift) 7 Page 57 of 134 REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning le DATE: November 14, 2023 �lu Progs,ressive by I'Vature SUBJECT: Municipality of Bayham Official Plan Amendment No. 34, Part of Lots 10 and 11, Concession 2 Municipality of Bayham, 55106 Vienna Line RECOMMENDATIONS: THAT the Council of the Corporation of the Council of Elgin approves Official Plan Amendment No. 34 to the Official Plan of the Municipality of Bayham; and THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. INTRODUCTION: The Council of the Municipality of Bayham has adopted an amendment to their official plan, known as Official Plan Amendment Number 34 (OPA No. 34) and they have subsequently forwarded the amendment to the County of Elgin for approval (see attached). In accordance with Section 17 of the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required to make a decision on the adopted amendment in which Council may approve, modify, or refuse to approve the amendment. If Elgin County fails to make a decision within 120 days after the amendment is received, any person or public body may appeal to the Ontario Land Tribunal. This report is intended to provide County Council with the information required to make a decision on the adopted amendment. BACKGROUND AND DISCUSSION: On May 4, 2023, after the Province of Ontario adopted Bill 23, More Homes Built Faster Act, the Municipality of Bayham Council adopted a resolution to review and ensure compliance between the Municipality's Official Plan and the new legislation. On September 29, 2023, Arcadis Professional Services (Canada) Inc., acting on behalf of the Municipality, prepared a memorandum identifying the necessary amendments required to bring the Bayham Official Plan into conformity with respect to permissions for additional residential dwelling units, the applicability of Site Plan Control and the removal of the need for a public meeting in consideration of an application for Plan of Subdivision. Having reviewed the proposed amendments, they are consistent with the adopted changes through Bill 23 and are therefore in conformity with the PPS, as well Page 58 of 134 2 as ine county Official Plan. Further amendments to the Municipality's Zoning By-law and Site Plan Control By-law will be made at the municipal level. The subject OPA proceeded through the standard application process as well as a technical circulation to statutory review agencies. A public meeting required under the Planning Act was subsequently held prior to Municipal Council's adoption of OPA No. 34 in August 2023. County staff have had the opportunity to review the proposal and associated materials against the requirements of the Planning Act, the Provincial Policy Statement, the County Official Plan, and Municipality of Bayham Official Plan, and are satisfied that the proposal meets all relevant requirements. FINANCIAL IMPLICATIONS: There are no identified direct financial implications to the County with respect to the approval of the proposal. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ❑ Ensuring alignment of ® Planning for and current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. 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. LOCAL MUNICIPAL PARTNER IMPACT: This amendment will directly impact the Municipality of Bayham. Page 59 of 134 UUiv MUNic:ATION REQUIREMENTS: The Notice of Decision will be sent to the applicant, Municipality of Bayham and those prescribed under the Planning Act. CONCLUSION: Based on the above analysis it is recommended that County Council approve, OPA No. 34 of the Official Plan of the Municipality of Bayham, as the modified amendment: • Is consistent with the Provincial Policy Statement; • Conforms to the County of Elgin, and Township of Bayham Official Plans; and • Constitutes good planning and is in the public interest. All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 3 Page 60 of 134 AMENDMENT NO. 34 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM •.11 • 11, •- • W, MA,7h.(,AA'R.E r lJlgT)9R."t� iP'.,.. �m9a,y %.,H,I[ IC N A� 1i. �0. li .�¢�w �➢.`u. o„ Aff y �4'da�dvr' 9rm �4�9C�yCM �" d V ° kN :r m m Page 61 of 134 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2023-077, in accordance with Section 17 of the PLANNING ACT, on the 5th day of October 2023. MAYOR CLERK Page 62 of 134 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-077 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 34 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 34 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 5th day of October 2023. u r MAYOR CLERK Page 63 of 134 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM 1 PURPOSE The purpose of the Official Plan Amendment is to amend the Municipality of Bayham Official Plan to ensure consistency/conformity to the Planning Act as a result of recent Provincial legislative changes included in the More Homes Built Faster Act, 2022 (Bill 23). The following Sections of the Official Plan require amendment: • Section 4.7 Second Dwelling Units / Additional Residential Units — permit up to 2 additional residential units on urban lands with full municipal servicing, remove restrictions on additional residential units • Section 2.1.12 Second Dwelling Units / Additional Residential Units Agriculture — permit up to 1 additional residential unit in accordance with Section 4.7.1 • Section 8.6.1.3 Plan of Subdivision - Public Meeting requirement removed • Section 8.17 Site Plan Control — 10 or less residential units would not require Site Plan Approval • Section 8.18.1 cash -in -lieu of Parkland — change dedication rates The Amendments also facilitate associated amendments to the Municipality of Bayham Zoning By-law, Parkland Dedication By-law and Site Plan Control By-law. The proposed amendments are not location specific. On November 28t", 2022, the government of Ontario's More Homes Built Faster Act received Royal Assent. The Bill was tabled to support of the Provincial Government's Housing Supply Action Plan, which seeks to address the province's housing crisis. The proposed amendments are necessary to ensure consistency/conformity to the Planning Act changes included in Bill 23. The proposed amendments include changes to the Additional Residential Unit Page 64 of 134 policies to permit a maximum of 2 accessory residential units on urban lands with full municipal services, and a maximum of 1 accessory residential unit on partial or private water and sewer services, as well as removing additional restrictions on the accessory residential units. A statutory Public Meeting is no longer required for Plan of Subdivision applications, therefore, the requirement is being removed. Site Plan Control Section 8.17 is amended to remove the requirement for Site Plan Control of residential developments with 10 units or less. And Section 8.18 Parkland Dedication is amended to be consistent to amended rates. 4. DETAILS OF THE AMENDMENT a) Section 4.7 of the Official Plan of the Municipality of Bayham is hereby amended by replacing the title with "ADDITIONAL RESIDENTIAL UNITS"; b) Section 4.7.1 of the Official Plan of the Municipality of Bayham is hereby amended by replacing the title with "ADDITIONAL RESIDENTIAL UNITS"; c) Section 4.7.1 of the Official Plan of the Municipality of Bayham is hereby amended by replacing "Up to one (1) second residential dwelling, being a self- contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, or street row houses. Second units may include second suites, basement apartments, or accessory apartments. The second unit shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a) The exterior building or site changes to permit the second dwelling shall generally be less than 10% floor area increase, maintaining the general form and architectural character of the building. Additional on -site parking shall be required. b) Existing private and\or municipal sewage and water services shall be available to service the accessory residential dwelling unit, to the satisfaction of the Municipality and the Elgin St. Thomas Public Health as required. c) The second dwelling shall be incidental to the primary permitted residential use, is located within the primary residential building or an ancillary structure, where the gross floor area of the second dwelling is not greater than 40% of the combined total gross floor area of both the primary and second dwelling units." with "Up to one (1) additional residential unit, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, street row houses, or accessory building, may be permitted on such lots where the lot is on partial or private water and sewer services. Page 65 of 134 Up to two (2) additional residential units, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi- detached dwelling, or street row houses, for a maximum of two (2) additional residential units in the primary dwelling building or maximum one (1) in an accessory building, may be permitted on such lots where the lot is fully serviced by both municipal water and municipal sanitary sewer services. Additional Residential units may include second suites, basement apartments, or accessory apartments. The additional residential unit(s) shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a, The exterior building or site changes to permit the additional residential unit shall maintain the general form and architectural character of the building where possible. Additional on -site parking shall be required. b) A maximum of one (1) connection to existing private and\or municipal sewage and water services shall be available to service the accessory residential unit(s) ancillary to the primary dwelling unit, to the satisfaction of the Municipality and the Southwestern Public Health as required. c) The additional residential unit shall be incidental to the primary permitted residential use, —and can be located within the primary residential building or an ancillary structure in accordance to the Planning Act, as amended." d) Section 2.1.12 of the Official Plan of the Municipality of Bayham is amended by replacing the title with "ADDITIONAL RESIDENTIAL UNITS AGRICULTURE' and replacing "Second Dwelling" with "Additional Residential'; e) Section 8.6.1.3 of the Official Plan of the Municipality of Bayham is hereby amended by deleting Section 8.6.1.3; Section 8.17.1.2 of the Official Plan of the Municipality of Bayham is hereby amended by adding `, where 11 or more residential units are proposed" at the end of the first sentence; g) Section 8.17.1.3 of the Official Plan of the Municipality of Bayham is hereby amended by replacing "regardless of the number of dwelling units in a residential building or use subject to this policy" with "where site plan control is required"; h) Section 8.17.1.4 — of the Official Plan of the Municipality of Bayham is hereby amended by removing "regardless of the number of dwelling units contained therein" with "where 11 or more units are proposed"; and, i Section 8.18.1 of the Official Plan of the Municipality of Bayham is hereby amended by replacing "300" with "600" and adding "at a maximum rate of 1 hectare per 1, 000 units" Page 66 of 134 REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning DATE: November 14, 2023 ���ve by �,�� SUBJECT: Township of Malahide Official Plan Amendment No. 23, North Part of Lot 11, Concession 1, Part 8 on Registered Plan 11 R7973, Township of Malahide RECOMMENDATIONS: 1. THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 23 to the Official Plan of the Township of Malahide, File No. MA OPA 3-23; and 2. THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. INTRODUCTION: The Council of the Township of Malahide has adopted an amendment to their official plan, known as Official Plan Amendment No.23 (OPA No.23) and they have subsequently forwarded the amendment to the County of Elgin for approval (see attachment). In accordance with Section 17 of the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required to make a decision on the adopted amendment in which Council may approve, modify or refuse to approve the amendment. If Elgin County fails to make a decision within 120 days after the amendment is received, any person or public body may appeal to the Ontario Land Tribunal. This report is intended to provide County Council with the information required to make a decision on the adopted amendment BACKGROUND AND DISCUSSION: OPA No. 23 was adopted by Township Council on September 21, 2023 (By-law No. 23- 66). The purpose of the amendment is to facilitate the adjustment of a settlement boundary and land swap as it relates to the subject lands to permit the creation of two new residential lots. The amendment is required as a portion of the lands are Page 67 of 134 2 aesignaiea `Agriculture' on Schedule `A1' of the Malahide Official Plan. The amendment would see an area measuring 146 m2, currently designated `Agriculture' and forming a portion of the rear yard of one of the newly proposed residential lots, be redesignated to `Hamlet' in order to permit the proposed residential use. Concurrently, a separate 146 m2 portion of land forming part of the proposed retained lands would be similarly redesignated from `Hamlet' to `Agriculture' in order to be used for cash crop growing purposes. The effect of the amendment would be to permit the creation of two new regularly shaped residential lots with only a minor adjustment to the Settlement Area boundary, in accordance with Policy Section 8.7.1.7 of the Malahide Official Plan. No policy wording is proposed to be amended through this application. Concurrent zoning by-law amendment (ZBLA) and consent applications were submitted to the Township to reflect the proposed changes in Township OP and to permit the creation of the new lots which conform to the remaining applicable policies. Matters of zoning and consent will be addressed at the Township level. The proposal has proceeded through the standard application process, including the preparation, review, and acceptance of required technical studies and reports, as well as a technical circulation to statutory review agencies. The application submission included a planning justification report and a functional servicing report which confirmed that sufficient capacity is available to connect to municipal water services and that the lots are sufficiently large to accommodate on -site private sanitary services. A Public meeting required under the Planning Act was subsequently held prior to Township Council's adoption of OPA No. 23. No concerns were raised with respect to the supporting materials provided, and no objections to the proposal were received by the Township prior to making a decision. The subject lands are currently designated `Settlement Area' on Schedule A of the County of Elgin Official Plan (COP) where Copenhagen is further identified as a Tier 2 Settlement Area owing to the presence of municipal water services. As per Section B2.5.d, limited development on partial services is permitted to allow for infilling where the present development fills in a gap in development along Imperial Road. Sufficient capacity within the municipal water service has been shown to be available to absorb the proposed residential development and sufficient lot area is provided in order to permit on -site private sanitary services. Furthermore, as there is no net loss in agricultural lands due to the proposed redesignation there are no concerns with the proposed Amendment. The above criteria are consistent with the Provincial Policy Statement (PPS) 2020 policies respecting residential development within Settlement Areas. County staff are satisfied that the proposal has satisfactorily demonstrated the above criteria as part of their submission and concur with the Township Planner's assessment of the proposal in their report to Township Council, dated September 21, 2023. Page 68 of 134 3 uouniy siarf have had the opportunity to review the proposal and associated materials against the requirements of the Planning Act, the Provincial Policy Statement, the County Official Plan, and Township of Malahide Official Plan, and are satisfied that the proposal meets all relevant requirements and is appropriate for the context of the subject lands. FINANCIAL IMPLICATIONS: There are no identified direct financial implications to the County with respect to the approval of the proposal. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ❑ Ensuring alignment of ® Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: ❑ Fostering a healthy environment. ❑ Enhancing quality of place. 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. LOCAL MUNICIPAL PARTNER IMPACT: This amendment will directly impact the Township of Malahide. COMMUNICATION REQUIREMENTS: The Notice of Decision will be sent to the applicant, Township of Malahide and those prescribed under the Planning Act. Page 69 of 134 l Am]► § t1jbbjLGjj"F Based on the above analysis it is recommended that County Council approve OPA No. 23 of the Official Plan of the Township of Malahide in its entirety, as the adopted amendment: Is consistent with the Provincial Policy Statement; Conforms to the County of Elgin, and Township of Malahide Official Plans; and Constitutes good planning and is in the public interest. All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 0 Page 70 of 134 AMENDMENT NO. 23 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF MALAHIDE Subject: Versnick 4844 Imperial Road September 21, 2023 Page 71 of 134 CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 23-66 WHEREAS the Township of Malahide has an official plan that is in effect, adopted by Council on 16 August 2001 and approved by the Ministry of Municipal Affairs on 9 March 2003, and as subsequently amended; and WHEREAS the proposed amendment would be consistent with the Provincial Policy Statement; WHEREAS the intent of the Official Plan of the County of Elgin and the Official Plan of the Township of Malahide would be maintained; WHEREAS the Council of the Corporation of the Township of Malahide now deems it expedient to adopt the proposed amendment to the Official Plan of the Township of Malahide THEREFORE the Council of the Corporation of the Township of Malahide, in accordance with Section 17 of the Planning Act, R.S.O., 1990, as amended, hereby enacts as follows: 1. THAT Amendment No. 22 to the Official Plan of the Township of Malahide, consisting of the attached explanatory text and schedules, is hereby adopted. 2. THAT this By-law shall come into force: a. a) Where no notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b. b) Where notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ a FIRST and SECOND time this 21st day of September, 2023. READ a THIRD time and FINALLY PASSED this 21st day of September, 2023. llOZ7--_ Jr VDGG re a A:d4 Clerk — A. Adams Page 72 of 134 PART A - THE PREAMBLE 1. PURPOSE The purpose of this Amendment is to facilitate the adjustment of a settlement boundary as it relates to the subject lands, being North Part of Lot 11, Concession 1, Part 8 of Registered Plan 11R7973, in the geographic Township of Malahide, to permit the creation of two residential lots. 2. BASIS The Amendment to the Official Plan would be consistent with the policies of the Provincial Policy Statement 2020, County of Elgin Official Plan, and Township of Malahide Official Plan. The full basis for this Amendment has been set out in the Application and supplementary materials submitted in support of this Amendment. PART B - THE AMENDMENT All of this part of the Amendment entitled 'Part B - The Amendment', consisting of the following text, constitutes Amendment No. 22 to the Official Plan of the Township of Malahide. DETAILS OF THE AMENDMENT 1. Schedule'A1', Land Use of the Official Plan of the Township of Malahide, is hereby amended by changing the designation as it applies to certain lands, being North Part of Lot 11, Concession 1, Part 8 of Registered Plan 11 R7973, in the geographic Township of Malahide from `Agriculture' to `Hamlet as shown on Schedule 'A' hereto. 2. Schedule'A1', Land Use of the Official Plan of the Township of Malahide, is hereby amended by changing the designation as it applies to certain lands, being North Part of Lot 11, Concession 1, Part 8 of Registered Plan 11 R7973, in the geographic Township of Malahide from `Hamlet to 'Agriculture' as shown on Schedule 'A' hereto. PART C - THE APPENDICES The following appendices do not constitute part of Amendment No. 22 but are included as information supporting the amendment. Appendix I - Notice of Public Meeting Page 73 of 134 N TOW N]lll P{ `i -1—I--1 Metres 0 5 10 20 Official Plan of the Township of Malahide S C H E D U L E 'A1 " LAND USE Page 74 of 134 REPORT TO COUNTY COUNCIL FROM: Ryan Terpstra, Manager of Corporate Facilities Mike Hoogstra, Manager of Procurement & Risk DATE: November 14, 2023 SUBJECT: Terrace Lodge Veneer Replacement Tender Award RECOMMENDATIONS: THAT DFT Exteriors Inc., be selected for the Terrace Lodge Veneer Replacement Project, Contract No. 2023-Q38 at a total price of $95,275.00 exclusive of H.S.T.; and THAT the remaining budget from Terrace Lodge Elevator Upgrades and Mechanical Equipment Replacements Projects with a remaining balance of $19,647.00 be reallocated to fund the projected deficit as detailed in this report; and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. INTRODUCTION: A Request for Quote (RFQ) was advertised and issued as per the County's Procurement Policy for the replacement of the front facia and soffit for Terrace Lodge. BACKGROUND AND DISCUSSION: A total of ten(10) contractors downloaded RFQ documents for this project from the County's bidding systemq s.��inq„. Six (6) contractors submitted electronic bids for this RFQ which closed on November 3, 2023. Bids were received as follows: Company Bid Price (exclusive of HST) DFT Exteriors Inc. 95,275.00 Image Masonry Ltd. 97,000.00 UZCA Builders Inc. 114,700.00 Elgin Contracting and Restoration Ltd. 116,000.00 Shayk Construction Inc 149,000.00 Page 75 of 134 Noble Development 157,600.00 DFT Exteriors Inc. submitted the lowest compliant bid for the project at a total price of $95,275.00 exclusive of HST. FINANCIAL IMPLICATIONS: The lowest compliant bid exceeds the County's approved capital budget for this project. Therefore, per section 5.4c) of the Procurement Policy, this project requires Council approval. The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Construction $ 95,275.00 Net HST (1.76%) $ 1,676.84 Total Projected Costs $ 96,951.84 Capital Budget $ 85,000.00 Projected Budget Surplus/(Deficit) $ (11,951.84) The recommended purchase will result in a budget shortfall of $11,951.84. Staff is recommending that remaining budget funds in the total amount of $19,647.00 identified in the 2023 budget to support the Terrace Lodge Elevator Upgrades and Mechanical Equipment Replacements Projects be reallocated to fund the projected project deficit. 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, need. and agricultural growth. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ® Enhancing quality of place. resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. 2 Page 76 of 134 Additional Comments: None LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: Terrace Lodge staff and visitors will be advised of the project through construction project notices prior to commencing the project. CONCLUSION: The replacement of the existing front soffit and facia at Terrace Lodge will enhance the curb appeal to the home to match the ongoing redevelopment project. This work will be scheduled around the Terrace Lodge Redevelopment project contract with D. Grant scheduled to commence February 2024. All of which is Respectfully Submitted Ryan Terpstra Manager of Corporate Facilities Mike Hoogstra Manager of Procurement & Risk Peter Dutchak Director of Engineering Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 3 Page 77 of 134 REPORT TO COUNTY COUNCIL FROM: Ryan Terpstra, Manager of Corporate Facilities Mike Hoogstra, Manager of Procurement & Risk DATE: November 14, 2023 SUBJECT: Operation of the Elgin Manor Wastewater Treatment Plant — Contract Award RECOMMENDATIONS: THAT Ontario Clean Water Agency (OCWA) be selected as the operator for the Elgin Manor Wastewater Treatment Plant for a period of five (5) years beginning January 1, 2024 and ending on December 31, 2028 at a total contract price of $553,680 plus HST; and, THAT Staff be authorized to extend the contract with Ontario Clean Water Agency for up to an additional two (2), two (2) year terms upon mutual agreement between both parties and satisfactory performance as determined by the County; 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 the Operation of the Elgin Manor Wastewater Treatment Plant (EMWWTP) and seeks Council's approval to award the contract. The EMWWTP located behind Elgin Manor is a fully automated plant and has been in operation since 2006. The plant has been operated by OCWA since the plant opened. Currently, EMWWTP receives flow from Elgin Manor, Southwold Public School and Royal Oak Senior Living. At the June 13, 2023 County Council meeting, Council approved a staff recommendation to extend the current agreement with OCWA for the operation of the EMWWTP to December 31, 2023. The extension allowed for additional time to initiate and complete the required RFP process. Page 78 of 134 2 bAUKUKUUND AND DISCUSSION: The RFP for the Contract Operation of the EMWWTP was issued on September 13, 2023. The RFP document is attached to this report as Attachment 1. The RFP closed on October 6, 2023 and only one (1) proposal was received. Information that was advertised and posted on the County's Bid Portal page u ca including dates, proposals submitted and a complete plan takers list is attached to this report as Attachment 2. Due to the fact that only one proposal was received and the proposal was from the current operator of the plant, a formal evaluation process was not conducted. Staff instead reviewed the proposal from OCWA to ensure compliance with the requirements of the RFP. The proposal from OCWA is complete and complies with the terms and conditions of the RFP process. The new contract includes the responsibility of the contract operator to manage the entire sludge removal process. Previously this was not part of the contract and resulted in additional costs to the County depending on how the process was managed. Including this as part of the contract ensures that the contract operator manages the sludge process in an efficient manner that complies with all environmental regulations. FINANCIAL IMPLICATIONS: The total cost to operate the plant for a five-year term is $553,680 plus HST. The current annual cost to operate the plant is $80,343 plus HST, resulting in an increase of approximately 30%. OCWA has indicated that approximately 20% of the increase relates to the addition of sludge removal costs into the agreement and the remaining 10% increase relates to inflationary factors such as insurance, vehicles, fuel, training and staffing costs. The cost for services for the optional years will calculated on the year five cost plus any CPI adjustment as calculated by Statistics Canada and any adjustment required for maintaining insurance. The County currently receives revenue from the Thames Valley District School Board and Diamond Senior Living Corp. through separate agreements for their use of the EMWWTP. ALIGNMENT WITH STRATEGIC PRIORITIES: Page 79 of 134 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: 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: None CONCLUSION: 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. The County's current agreement for the operation of the Elgin Manor Wastewater Treatment plant is expiring at the end of this year. Staff issued a Request for Proposal and is recommending Ontario Clean Water Agency be selected as the operator for the new contract term. This new agreement provides for the continued operation of the plant by an experienced operator. All of which is Respectfully Submitted Ryan Terpstra Manager of Corporate Facilities Mike Hoogstra Manager of Procurement & Risk Peter Dutchak Director of Engineering Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 3 Page 80 of 134 Attachment 1 lJ����, . G�Js e �40111110111101011111OU° 12ro,gressive fey Nature CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT REQUEST FOR PROPOSAL No. 2023-P24 Proposals shall be received by the Bidding System no later than: OCTOBER 6, 2023 @ 3:00 p.m. (local time) Issue Date: September 13, 2023 Page 81 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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..........................................................................................................................6 1.6 Site Tour.......................................................................................................................... 6 1.7 RFP Schedule.................................................................................................................. 7 1.8 Proponent Communications.......................................................................................... 7 1.9 Proponent Investigations............................................................................................... 7 SECTION 2.0 -TERMS OF REFERENCE..................................................................................................... 8 2.1 Background and Plant Information............................................................................... 8 2.2 Scope of Services............................................................................................................ 9 2.3 Staffing..........................................................................................................................10 2.4 Reporting...................................................................................................................... 10 2.5 Capital Expenditures.................................................................................................... 10 2.6 Sludge............................................................................................................................10 2.7 Other Expenditures...................................................................................................... 11 2.8 Emergency Situations................................................................................................... 11 2.9 Confined Space Work................................................................................................... 11 2.10 Term of Contract.......................................................................................................... 11 SECTION 3.0 - PROPOSAL REQUIREMENTS.......................................................................................... 12 3.1 Proposal Submissions................................................................................................... 12 3.2 Proposal Submission Requirements............................................................................ 12 3.3 Financial Submission Requirements............................................................................ 13 3.4 Evaluation Process........................................................................................................ 13 3.5 Evaluation Criteria........................................................................................................ 14 3.6 Ratings...........................................................................................................................14 3.7 Presentation and Interview......................................................................................... 15 SECTION 4.0 - GENERAL CONDITIONS.................................................................................................. 17 4.1 Rights of the County..................................................................................................... 17 4.2 Conflict of Interest........................................................................................................ 18 4.3 Modified Proposals...................................................................................................... 18 4.4 Disqualification of Proponents.................................................................................... 18 4.5 Confidentiality.............................................................................................................. 18 4.6 Proposal Assignments.................................................................................................. 19 4.7 Purchasing Policy.......................................................................................................... 19 1 Page 82 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 4.8 Failure to Perform........................................................................................................ 19 4.9 Award and Agreement................................................................................................. 19 4.10 Insurance Requirements.............................................................................................. 19 4.11 Indemnification............................................................................................................ 20 4.12 WSIB Requirements..................................................................................................... 20 4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005 ................ 21 4.14 Disqualification.............................................................................................................21 4.15 Record and Reputation................................................................................................ 21 4.16 Proponent's Costs........................................................................................................ 22 4.17 Legal Matters and Rights of the County...................................................................... 23 4.18 Human Rights, Harassment and Occupational Health and Safety ............................ 24 4.19 Covid-19 Pandemic....................................................................................................... 24 4.20 Clarification...................................................................................................................24 4.21 Supplementary Information........................................................................................ 24 4.22 Default / Non-Performance......................................................................................... 24 APPENDIX A - SAMPLE AGREEMENT.................................................................................................... 25 APPENDIX B — EMWWTP ANNUAL REPORT...............................................................................Attached K Page 83 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. "Contract Operator" or "Operator" means the Proponent who has been approved by the County to operate the Elgin Manor Wastewater Treatment Plant. 5. "County" refers to the Corporation of the County of Elgin. 6. "Designated Official" refers to the Manager of Procurement & Risk for the County of Elgin. 7. "EMWWTP" refers to the Elgin Manor Wastewater Treatment Plant. 8. "Proposal" means the Response in the form prescribed by this Request for Proposal Document and completed and submitted by a Proponent in response to and in compliance with the Request for Proposal. 9. "Proponent" means the legal entity submitting a proposal. 10. "Request for Proposal (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 Page 84 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT SECTION 1.0 - INFORMATION TO PROPONENTS 1.1 Introduction and Background The County of Elgin is inviting proposals from qualified Service Providers for the operation of the Elgin Manor Wastewater Treatment Plant located at 39232 Fingal Line in the Township of Southwold. The facility is located behind Elgin Manor Long Term Care Home. The successful Proponent will possess the requisite technical skills to deal with the matters to be addressed in the following tasks and will be required to work directly with County staff, the public and other agencies in a professional manner. The firm, in addition to technical qualifications, must exhibit skills such as timeliness, diplomacy, tact, strong communication ability and an understanding of the County. 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 forthis 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. 4 Page 85 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. The onus unequivocally remains with the Proponent to ensure 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 someone other than the Designated Official may result in your submission being rejected. Page 86 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 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 https://el incounty. i san ten ers.ca/ o ule/Tenders/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 Site Tour A site tour will be held on September 20, 2023 @ 3:30 P.M. at the Elgin Manor WWTP, 39262 Fingal Line, just west of St. Thomas. Proponents shall meet at the WWTP, located behind the Long -Term Care Home. Proponents shall examine the RFP documents and make personal examination of the site in order to acquaint themselves with the conditions under which they will be obliged to work. Proponents are to examine the site and satisfy themselves of all site conditions prior to submitting a Proposal. Staff from the County of Elgin shall assume no responsibility whatsoever in providing site details on site conditions. The Proponent is not to claim at any time after the submission of the proposal that there was any misunderstanding of the terms and conditions of the Contract relating to the site conditions. Page 87 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 1.7 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: Site Tour: Last Date for Questions: RFP Close: Interviews/Presentations Award of Contract: September 13, 2023 September 20, 2023 @ 3:30 p.m. September 29, 2023 @ 4:00 p.m. October 6, 2023 @ 3:00 p.m. October 25, 2023* November 14, 2023* *Dates noted above are an approximation only and are subject to change. 1.8 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. 1.9 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, 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. Page 88 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT SECTION 2.0 - TERMS OF REFERENCE 2.1 Background and Plant Information The Wastewater Treatment Plant (WWTP) at the Elgin Manor Site (Site) is located at 39232 Fingal Line, R.R. #1 in Southwold Township, just outside of the City of St. Thomas in Elgin County. The WWTP was constructed at the site in the vicinity of the existing Elgin Manor LTC Home in 2005. The effluent from the WWTP is discharged to Dodd Creek. The dual train process flow using biological nutrient removal treatment process (BNR) was designed to meet the applicable Ministry of the Environment effluent criteria at a design average flow of up to 100 cubic metres per day (m3/d) as per Certificate of Approval 1236-6BZLNC dated May 20t", 2005. As per the Certificate of Approval, the WWTP can serve the Elgin Manor LTC Home, the Senior's Apartment Complex and the adjacent elementary school. Currently, the WWTP receives flow from Elgin Manor, Southwold Public School and Royal Oak Senior Living. The biological treatment process employed in the plant is a two -stage integrated Biological Nutrient Removal (BNR) process. The combined Anoxic-Oxic process provides for carbonaceous biochemical oxygen demand (cBOD) removal, nitrification and denitrification. Sewage is pumped from the EQ tank to the anoxic tank, then to the aeration (oxic) tank, the clarifier and the sand filter. Treated final effluent is discharged to Dodd Creek. The organic material is removed from the waste through the metabolic oxidation/reduction by the microorganisms present in the anoxic and aeration tanks. The vast majority of these microorganisms are bacteria and higher groups, and the concentration of the microorganisms in the mixed liquor can be approximated through the concentration of the Mixed Liquor Volatile Suspended Solids (MLVSS) in the system. The anoxic tank is provided with submersible mixers to ensure that the entire tank contents remain in full suspension. Nitrified mixed liquor is returned from the end of the aeration tank to the anoxic process by two submersible pumps. These pumps return the mixed liquor at a manually adjustable rate ranging from 200 to 800 percent of the average influent flow rate. The internal recycle stream is denitrified in the anoxic tank by anaerobic bacteria, which convert nitrate to nitrogen gas. The anaerobic bacteria require an organic carbon source for cell synthesis while obtaining energy by converting nitrate to nitrogen gas. Acetate was provided during plant start-up as a supplementary carbon source to maintain a viable population of denitrifying bacteria. The remaining quantity of phosphorus that is not removed biologically is removed from the wastewater by chemical precipitation using alum. 8 Page 89 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 2.2 Scope of Services The services required at the facility include but are not limited to: - Complete operation of the facility with trained personnel on a part-time basis between the hours of 07:30 to 16:00, Monday to Friday; - Ensure daily operations comply with all Environmental Laws and the certificate of approval; - Perform routine maintenance duties to equipment by following preventative maintenance procedures; - Inspect process control equipment to ensure proper operation of wastewater treatment clarifiers, pumps, blower and aeration systems, filters, sludge holding tanks, alum and other chemical feeders; - Operate pump controls and valve controls for pumping all process streams; - Check return sludge rates; compare to routine calculations and determine operational adjustment requirements; - Calculate, record and analyze the amount of wastewater treated, the daily flows and monthly flows; - Collect influent and effluent samples for analysis, perform inspections and testing, as required; - Monitor and adjust dosages of process chemicals are required; - Check filters and backwash as required; - Calibrate equipment in accordance with the Facility's Certificate of Approval; - Carry out a routine lubrication program including greasing and oiling as required in the lubrication schedule; - Maintain an inventory of all key equipment and tools; - Maintain records regarding the operation of the Facility in compliance with Environmental Laws; - Provide tools and monitoring equipment as required to complete noted maintenance and monitoring activities; - Report complaints, odour and other plant operation problems, as required. - Record information on the frequency of equipment breakdown and repair costs to determine replacement needs; - Recommend to the County capital improvements to the plant and equipment; - Ensure security of the Facility by locking doors and gates; - Prepare the Facility for any scheduled inspection by the Ministry of Environment and Climate Change ("MOECC") and accompany the MOECC during such inspections; - Report to the Ministry of the Environment to satisfy current regulations; - Review with the County any inspection reports that are provided; - Report to the County on a semi-annual basis on the performance of the facility; - Provide incident Reports, as required; - Be available 24/7 for any emergency situations relating to the operation of the facility; 9 Page 90 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 2.3 Staffing The contract operator shall ensure that staff working at the facility are certified operators and trained in normal process operation and maintenance of the Facility and that all staff are trained to deal with emergency situations. Labour rates on business days, Monday to Friday, (07:30 to 16:00) shall be a monthly average of 56 hours per month for an operator. The contract operator shall obtain prior approval from the County for all extra hours to be billed which are not included in the monthly operating fee. 2.4 Reporting The contract operator shall provide a facility performance report, semi-annually to the County. There is also an annual facility report required by the ECA permit to be submitted to the MOECC. 2.5 Capital Expenditures All capital expenditures shall be the responsibility of the County. Capital expenditures are to the charges for all capital items in relation to the facility including new or replacement equipment, any overhaul or rebuild of equipment, any non -routine repair or maintenance, any alterations and any associated installations, commissioning including labour. The contract operator shall provide to the County no later than September 30 of each year an estimate of the capital expenditures required for the operation of the facility for the following year. The County will provide written authorization to the operator noting the capital expenditures approved. The contract operator will proceed and be responsible for coordinating the capital expenditures on behalf of the County. 2.6 Sludge All sludge removal, storage and spreading costs shall be included as part of the contract. The contract operator shall manage the entire sludge storage and removal process in compliance with all relevant Environmental Laws. Note that the decanting process takes additional time because the mud well pump is smaller than the decant pump therefore staff are constantly stopping the process to allow the mud well to catch up. The quantities of sludge plus the estimated quantity for 2023 is listed below: 2021- 300 m3 2022 - 340m3 2023 - estimated 300 m3 Page 91 of 134 10 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 2.7 Other Expenditures Any unanticipated expenditures or additional costs incurred by the contract operator in order to address a change in applicable laws, work required by a regulatory order (MOE, MOL) or identified through an inspection that is not the responsibility of the contract operator will be the responsibility of the County. All hydro, communication and continuous monitoring (SCADA) costs related to the facility will be paid for by the County. 2.8 Emergency Situations The contract operator shall available 24/7 for any emergency situations relating to the operation of the facility. The contract operator shall ensure that there are contingency plans in place for staff to address non - routine operational situations and emergency situations such as spills, by-passes, overflows, hydro interruptions and equipment failure. In the event of an emergency, the contract operator shall implement such contingency plans and shall make all reasonable efforts to maintain the facility in accordance with Environmental Laws. In the event on an emergency response outside of regular work hours, time shall be billed to the County in accordance with the rates included in the operator's proposal. The facility is equipped with an auto dialer to notify the contract operator of alarms. The contract operator shall respond to all alarms/notifications from the plant. 2.9 Confined Space Work The contract operator shall provide staff to perform confined space work at other County facilities (three Long Term Care Homes) on an hourly rate basis. The hourly rate for confined space work shall be listed on the electronic Pricing Forms in the Bidding System. The contract operator's staff must be trained to enter confined space areas and must adhere to Ministry of Labour requirements. Annual checks and annual maintenance are required for the following locations: Bobier Villa, 29491 Pioneer Line, Dutton Elgin Manor, 39262 Fingal Line, Fingal Terrace Lodge, 49462 Talbot Line, Aylmer 2.10 Term of Contract The term of contract is for a five (5) year term, commencing on January 1, 2024 to December 31, 2028. 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. The cost for services for the optional years will calculated on the year five cost plus any CPI adjustment as calculated by Statistics Canada and any adjustment required for maintaining the insurance. 11 Page 92 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT SECTION 3.0 - PROPOSAL REQUIREMENTS 3.1 Proposal Submissions ELECTROINflC III'':1I° 0POSIII.. ;"! 1 1BIV'ill5SIONS 01YU11, 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 fifteen (15) single sided pages (Arial 12 font or equivalent), excluding a schedule, appendix and the Curricula Vitae. The submission should include all of the information listed in this Technical Proposal 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 1: Overview A narrative demonstrating the operator's understanding of the full scope of services, reasons why the Proponent is interested in taking on this project, and its familiarity with the County of Elgin and similar facilities. b) Section 2: Work Program The approach and methodology to be pursued for the provision of the services requested in the Request for Proposal. c) Section 3: Operations Team Identify the Operators proposed for the operation of the facility. For each member of the team, confirm if the individual is a full-time, permanent employee of the Proponent, their qualifications and their role in operating the facility. Include the total number of hours the operations team will provide monthly. d) Section 4: Company Experience Demonstrate the experience and capability of your company by providing details on the experience in operating plants of similar size and scope. e) Section 5: References Provide at least three (3) references the County may contact. References should be from clients for which you are operating a similar sized wastewater treatment plant or larger. 12 Page 93 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT The reference information must contact the agency name, contact person, email and phone number. 3.3 Financial Submission Requirements Proponents are required to complete the electronic Pricing Forms in the Bidding System. The proposal submission must clearly state which services are not included in your financial pricing submission. Fees & expenses shall not include contingencies or HST. 3.4 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. 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. 13 Page 94 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 3.5 Evaluation Criteria Proposals will be evaluated based on the following weighted evaluation factors: Maximum Rated Criteria Points Firm's Understanding of Objectives and Requirements Demonstrated understanding of Work Program / Approach and Methodology 15 25 Responsiveness to the RFP, completeness of submission 10 Firm's Experience and Operators Experience Completeness / Corporate Experience 10 Proposed onsite operator experience 10 30 Experience in operating similar facilities 10 Hours 10 Number of hours proposed to operate the facility Price 30 Cost for operating plant Competitiveness of hourly rates 5 References (Pass / Fail) Total Score 100 3.6 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. 14 Page 95 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 10 Outstanding Proposal exceeds the requirements of the criteria in superlative ways / very desirable. The lowest operating fee proposed shall be awarded the full amount of points available for the fee portion of the evaluation. All higher fees proposed shall be awarded points, rounded to the closest full point for the cost portion of the evaluation by the following: Lowest Cost _ Proposed Cost x Maximum Points = Total Cost Points. It should be emphasized that pricing/cost is only one of the factors being considered in determining the successful Proponent. In submitting a proposal, the Proponent acknowledges the County's right to accept other than the lowest priced proposal and expressly waives all rights for damages or redress as may exist in common law stemming from the County's decision to accept a proposal which is not the lowest price proposal, if it is deemed to be in the County's best interest to do so. 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. 3.7 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. Note- If the County elects to interview short listed proponents, the proposed Project Manager is required to attend. The interviews would be conducted by the representatives of the Evaluation Committee via Zoom Web Conferencing. Senior staff members to be assigned to this project must attend the interview. Presentations shall follow this general format: ➢ Introduction of Proponents Project Team (5 minutes) ➢ Proponent Presentation of the Proposal (15 minutes) ➢ Questions from Interview Committee (5 minutes) ➢ Questions from Proponents (5 minutes) 15 Page 96 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 16 Page 97 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 17 Page 98 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 18 Page 99 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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 the total cost of the awarded project shall be a matter of public record, unless otherwise determined by Council. A written agreement, prepared by the County shall be executed by the County and the successful Proponent. The complete proposal package submitted by the successful proponent, 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 Reauirements 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 automobile and shall contain a severability of interest and cross liability clause to a limit of no less than ten million ($10,000,000) 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 19 Page 100 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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) Pollution Legal Liability covering third party property damage, bodily injury and clean-up costs for pollution conditions to a limit of no less than five million ($5,000,000) per claim and in the aggregate. d) Property Insurance must include Property of Others for a limit of two million ($2,000,000). Coverage shall be written on an All Risk basis and the County of Elgin shall be shown as the Sole Loss Payee. e) Standard OAP 1 Automobile liability policy in the amount of two million ($2,000,000) dollars. f) 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. If the successful Proponent is a self-employed individual, partner or executive officer who does not pay 20 Page 101 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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; 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; 21 Page 102 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 22 Page 103 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 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. 23 Page 104 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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. 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. 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. 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. "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). 24 Page 105 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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 "Operator") OF THE FIRST PART OF THE SECOND PART WHEREAS on <Insert Date>, the County issued Request for Proposal No. 2023-1324 and Addendum No. <X> dated <Insert Date> for the Operation of the Elgin Manor Wastewater Treatment Plant for the County of Elgin (the "RFP"); AND WHEREAS on <Insert Date> the Operator 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 Operator 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 Operator 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 Operator 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. ORTiri F 7 The County covenants with the Operator that the Operator, having in all respects complied with the provisions of this Agreement, will be paid for and in respect of all the work, at the quoted annual rates as summarized below: - $XX.00 per year for the period of <Insert Date> to <Insert Date> 25 Page 106 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT ARTICLE 3 The Term of this Agreement is for a five-year term, deemed to commence on or about January 1, 2024 and expire on December 31, 2028; provided further that the County, in its unfettered discretion, may extend the within Agreement up to an additional two (2), two (2) year terms upon mutual agreement between both Parties. ARTICLE 4 A copy of each of the Terms of Reference and Addendum No. XX are hereto annexed (as Schedule A) and together with the Operator 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. ORTiri F S 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) Operator Proposal; e) General Conditions; f) Proposal Requirements; g) Information to Proponents. ARTICLE 6 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 7 The Operator 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, 26 Page 107 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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 Operator, including its officers, employees, servants, agents, and Operators or sub -contractors, or any one or combination of them, as attributable or connected with the performance, non-performance, or purported performance by the Operator 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 Operators or sub -contractors, or any one or combination of them. Furthermore, this indemnity shall survive the expiration or termination of this Agreement and continue thereafter in full force and effect. ARTICLE 8 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 9 The Operator 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 Operator 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 10 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 OPERATOR: Page 108 of 134 27 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT 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 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 11 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 12 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 13 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 14 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) 28 Page 109 of 134 Attachment 1 REQUEST FOR PROPOSAL NO. 2023-P24 CONTRACT OPERATION OF THE ELGIN MANOR WASTEWATER TREATMENT PLANT ARTY I F it; 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: Positio Don Shropshire n: Chief Administrative Officer / Clerk We have the authority to bind the Corporation M °. i 11 �' �Lp..i°" OPERA ..i."OR, 11MAiV'iF Per: Name: Position: I have the authority to bind the Corporation Page 110 of 134 29 Attachment 1 ���r Addendum N o. 1 �� Progressive by Nature y Request for Proposal No. 2023-P24 Contract Operation of the Elgin Manor Wastewater Treatment Plant This addendum forms part of the RFP documents and is to be read, interpreted and coordinated with all other parts of the Request for Proposal. The following questions have been received by the County; the County's response follows each question. Question 1: Section 2.3 Staffing states "Labour rates on business days, Monday to Friday, (07.30 to 16.00) shall be a monthly average of 56 hours per month for an operator." The current operational hours are above 14 hours per week. Staffing hours were increased when the second train became operational. Does the County plan to reduce flows back to one train to accommodate the 14 hours or should proponents be expected to operate both trains and the operational hours increased? Answer 1: Both trains are currently operational. The 56 hours was from the previous RFP when only one train was operational. This clause has been revised to state "a monthly average of 80 hours for an operator." Question 2: Section 3.2 Proposal Submission Requirements mentions Curricula Vitae and under 3.6, the RFP states "Only the proposal response and Curricula Vitae requested will be evaluated." Can you please clarify for which positions the County requires resumes? Or should proponents simply include staffing bios with highlights of qualifications for all those involved? Answer 2: Curricula Vitae are not required for this RFP. Please disregard reference to Curricula Vitae in sections 3.2 and 3.6. Staffing information shall be included with your response to Operations Team noted in section 3.2c. Page 111 of 134 Attachment 1 Addendum No. 1 RFP No. 2023-P24 Proponents shall also disregard reference to "schedule" in section 3.2 (2nd paragraph). A schedule is not required for your proposal response. End of Addendum No. 1 Addendum Issued: September 20, 2023 Regards, Mike Hoogstra, CPPB I Manager of Procurement & Risk P: 519-631-1460, extension 129 1 E: oosra aelin.ca Page 112 of 134 Attachment 1 Addendum N o. 2 Progressive by Nature Request for Proposal No. 2023-P24 Contract Operation of the Elgin Manor Wastewater Treatment Plant This addendum forms part of the RFP documents and is to be read, interpreted and coordinated with all other parts of the Request for Proposal. The following questions have been received by the County; the County's response follows each question. Question 1: Regarding section 2.7 Other Expenditures: Can you please confirm other costs that the County will assume such as chemicals, lab analysis, lab supplies and calibration? Answer 1: In addition to the items listed in section 2.7, the County covers all costs related to laboratory analysis, chemicals (alum) and equipment calibration costs. Question 2: What is the expected response time for call outs? Answer 2: It is expected that the operator will respond within one (1) hour for call outs. Question 3: Are we expected to use the County's VOR list? Answer 3: No, however the Operator may use the VOR list for routine maintenance items. Question 4: The usual CGL amount is $5 Million, not $10 Million. Is $5 Million acceptable for this RFP? Page 113 of 134 Attachment 1 Addendum No. 2 RFP No. 2023-P24 Answer 4: No. The CGL limit as specified in the RFP is required. Question 5: To further clarify Pollution Liability, can "Pollution Legal Liability" be changed to "Contractor's Pollution Liability"? Answer 5: Yes, the County will accept Contractor's Pollution Liability. The County will also accept Premises Pollution Liability (PPL) insurance as an alternate. PPL is specialized for a third party, contracted to manage a single site. Question 6: Would it be possible to remove the Property Insurance from this RFP and leave only the CPL and CGL? Answer 6: The requirement for property insurance has been removed from the RFP. The County will continue to insure the property. End of Addendum No. 2 Addendum Issued: October 2, 2023 Regards, Mike Hoogstra, CPPB I Manager of Procurement & Risk P: 519-631-1460, extension 129 1 E: oosra aelin.ca Page 114 of 134 Attachment 2 JrJli%, d F"ro,gress, ve by, NruYuv°e View Details Return to the Bids Homepage (https://elgincount ..bidsandtenders.ca/Module/Tenders/en), Bid Details Bid Classification: Services Bid Type: Request For Proposal Bid Number: 2023-P24 Bid Name: Contract Operation of Elgin Manor Wastewater Treatment Plant (EMWWTP) Bid Status: Closed Published Date: Wed Sep 13, 2023 9:30:59 AM (EDT) Bid Closing Date: Fri Oct 6, 2023 3:00:59 PM (EDT) Question Deadline: Fri Sep 29, 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 of Elgin is inviting proposals from qualified Service Providers for the operation of the Elgin Manor Wastewater Treatment Plant located at 39232 Fingal Line in the Township of Southwold. 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 [±] Page 115 of 134 Attachment 2 Regliisieii ffa i this IBlid Download Bid Documents Meeting Locations The following are the meeting times and locations for the bid: Meeting Location Description Non -Mandatory Site Meeting 39262 Fingal Line, just Elgin Manor Wastewater Treatment Plant west of St. Thomas. Meet at the WWTP, located behind the Long Term Care Home. Documents File Name RFP Document Wednesday September 13, 2023 09:09 AM Appendix B - Annual Report Wednesday September 13, 2023 08:55 AM Pricing Forms (Viewing Copy Only) Wednesday September 13, 2023 09:06 AM Addenda File Name Addendum No. 1 Wednesday September 20, 2023 09:02 AM Addendum No. 2 Monday October 2, 2023 11:13 AM Purchasing Representatives Employee Hoogstra, Mike Bids Submitted The following are the unofficial bid results Company Contact O'Connell, David OCWA 2085 Hurontario Street, 5th Floor, Mississauga Ontario, Canada L5A 4G1 Page 116 of 134 Plan Takers Attachment 2 The following are the plan takers for the bid: Company Contact Hewitt, Mike Almaquin Enterprises Limited #804, Fort McMurray Alberta, Canada T9H 4H2 Vitaterna, Andrew Clearford Waterworks Inc. 566 Arvin Ave, Stoney Creek Ontario, Canada L8E5P1 Breen, John Maple Facilities Management Inc. 2660 Argentia Road, Mississauga Ontario, Canada L5N 5V4 O'Connell, David OCWA 2085 Hurontario Street, 5th Floor, Mississauga Ontario, Canada L5A 4G1 Khudinyan, Armen Veolia North America 555, bout. Rene -Levesque Ouest, Montreal Quebec, Canada H2Z 1B1 Bergdahl, Shane Veolia Waste Services Alberta Inc. Site 500, 250 Aurum Road NE, Edmonton Alberta, Canada T6S 1G9 Page 117 of 134 REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Director of Engineering Services DATE: November 14, 2023 SUBJECT: Emergency Road Slope Repair — Talbot Line — New Glasgow RECOMMENDATIONS: THAT the report titled, "Emergency Road Slope Repair — Talbot Line — New Glasgow" be received and filed; and, THAT project costs that exceed the "Talbot Line Slope Repair (62002109)" budget be allocated from the "Road 4 Resurfacing (60042332)" project. INTRODUCTION: On October 24t", staff was notified of a road slope failure on Talbot Line (CR 3) in Port Glasgow in the Municipality of West Elgin. Staff immediately attended the site and coordinated activities to keep the public safe and make the necessary repairs. This report updates Councils on the work that has been completed. BACKGROUND AND DISCUSSION: Talbot Line (CR 3), formerly Highway #3, was downloaded to the County of Elgin in 1997. This section of Talbot Line was constructed in the 1950s by the Province and exhibits some very steep road slope inclinations that are as much as 9 metres tall. These steep road slopes have been susceptible to erosion and localized failures necessitating repairs. Most recently in 2021 a road slope a few hundred metres to the east of this most recent failure required extensive repairs. In this instance, a similar repair treatment was utilized to remedy this slope failure and completed as follows. The slope area was stripped of vegetation and organic material and then re-established utilizing a free draining granular material installed in compacted lifts. The restored slope was covered with topsoil, a coconut fibre mat and rye grass seed. Road surface runoff has been diverted to a quarry stone lined outlet channel by the addition of a new asphalt curb installed at the edge of shoulder. Photos of the failed road slope and repairs are included below. Page 118 of 134 Page 119 of 134 3 Repair activities on adjacent road slopes in 2021 did not include the addition of asphalt curbs to direct surface runoff to protected outlets. In order to be proactive and reduce the risk of future road slope erosion in these areas, the 2024 capital budget has included a project to complete the installation of asphalt curbs and outlets along these road sections. FINANCIAL IMPLICATIONS: An existing project budget exists from the prior slope repairs completed in 2021 with approximately $45,000 remaining. This most recent repair was completed at a cost of approximately $100,000 and the anticipated shortfall can be allocated from the Road 4 Resurfacing project where a sufficient surplus exists. 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: None. CONCLUSION: 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. Staff was notified by the Municipality of West Elgin that a road slope failure had occurred from surface erosion along a steep road side on Talbot Line in Port Glasgow. Page 120 of 134 uouniy siarf immediately attended the site and coordinated with contractors to complete repairs as directed and on a "time and material' basis. The project was completed at an estimated cost of $100,000 and approximately $45,000 resides within an existing project for a previous Talbot Line slope repair. The shortfall can be accommodated from a projected surplus in the Road 4 Resurfacing project. The 2024 proposed capital budget includes a project to complete asphalt curb installations on nearby road sections to proactively reduce the potential for future slope erosion from occurring in the vicinity. All of which is Respectfully Submitted Peter Dutchak Director of Engineering Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 0 Page 121 of 134 Municipality of RRIN%�Lnrm A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0 T: 519-866-5521 F: 519-866-3884 E: ba�harnC&ba�ham.on.ca W: www.bayham.on.ca October 23, 2023 County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Via email: ifentie elgin.ca & ckrahn _elgin.ca Re: Plank Road at Chute Line and Northern Vienna Bridge 0 t U The attached correspondence was considered at the Municipality of Bayham's October 19, 2023 Regular Meeting of Council with the following motion passed: THAT the correspondence from Laura Edwards re Plank Road, Chute Line and Northern Vienna Bridge be received for information; AND THAT staff be directed to submit this correspondence to Elgin County for comment and consideration; AND THAT staff be directed to submit this correspondence to the Elgin County Police Services Board. If you have any questions or concerns, please contact the undersigned. Regards, Meagan Elliott Clerk melliott _bayham.on.ca Page 122 of 134 To Mayor and Council I request that this letter be treated as official correspondence. Re - Plank Road / Chute Line and northernly bridge in Vienna. On Sept 1, we had another accident whereby a 16 year old ended up landing up in someone's backyard. Previous to this was a driver who was impaired who hit the guard rail, flipping the pick up truck that slid hundreds of feet away from the point of impact. These are only two accidents but I understand it is an area that vehicle collisions often occur and high speeds around the curve are witnessed. It is a stretch of road that is on the priority tourism route so is very busy . The area of the bridge in Vienna on Plank Road is also a destination point of many kayakers who enter/exit the Otter Creek. Heading south, this small stretch of road just north of Chute Line and the bridge has two sharp turns. The rate of speed people of many drivers is causing many to cross the centre line into oncoming north -bound traffic at the bridge . Heading North out of Vienna there is NO sign alerting drivers of the curve, let alone the severity of it. Heading South - there are curve signs but nothing indicating the severity of the curves. These signs do not stand out - they seem to blend in with the landscape. I'm wondering if there could be additional safety precautions for the southbound traffic be put in le a flashing amber lights on the curve signs, use of a 'danger' sign especially with winter coming, bigger signage, slower cautionary speed signs. For commuters going North, perhaps a flashing curve sign should be installed. Furthermore, can there be a radar blitz at the location of Chute Line and Plank - it is a 50 km/hr zone but many exceed this speed to the point it is unknown if the drivers can navigate the curve. I have never seen a ride program in Bayham in 4 years - perhaps in the vicinity of this location would be beneficial. My request is that a resolution be passed to escalate the ongoing safety concerns regarding this stretch of Plank Road to Elgin County and the OPP in the hopes that Elgin County install better, preventative road signage and more police enforcement of this area. Below is a post on social media from the September 1 accident and below that there is a picture of Plank Road heading south where it meets Chute Line - taken today. I see no road signage in this section alerting drivers of the impending curve that is coming. Thankyou Laura Edwards Vienna ON Page 123 of 134 the through,village could not maneuiver the bend' near the brid�g�e and uA brush WIW wYw �7R'1e� ow; plowed ls lawn and into awr.behind their continue.Until siomeiboidy dies, somebody's ki'ld is run over down here thi's will Page 124 of 134 Page 125 of 134 NOTICE OF PUBLIC INFORMATION CENTRE 2 Highway 4 Widening and Proposed Talbotville Bypass (GWP 3042-22-00), Highway 3 Twinning (GWP 3041-22-00) Preliminary Design, Detail Design and Class Environmental Assessment Study THE STUDY The Ontario Ministry of Transportation (MTO) has retained Stantec Consulting Ltd. to complete the Preliminary Design, Detail Design and Class Environmental Assessment Study (Class EA) for improvements to Highway 3 from Highway 4 to Centennial Avenue (St. Thomas). The following is being undertaken as a Group `A' project (GWP 3042-22-00): • a new Highway 3 alignment bypassing Talbotville (also known as the Talbotville Bypass), connecting Highway 3 near Ron McNeil Line to Highway 4; and • the widening of existing Highway 4 (from the new Talbotville Bypass to Clinton Line). The following is being undertaken as a Group `B' project (GWP 3041-22-00): • the twinning of the existing Highway 3 through St. Thomas to the Township of Southwold (Centennial Avenue to Ron McNeil Line). Construction will follow the environmental assessment and design phase. THE PROCESS This project is being completed in accordance with the Class Environmental Assessment (Class EA) for Provincial Transportation Facilities (2000). Group `A' and `B' projects are considered approved under the Environmental Assessment Act subject to compliance with the Class EA. PUBLIC INFORMATION CENTRE 2 A second Public Information Centre (PIC) is being held to provide the public and stakeholders with an opportunity to review the evaluation of alternatives and to present the preferred plan. The PIC will be a drop -in format, with members of the Project Team available to discuss the project and respond to any questions you may have. The PIC is being held at the following date and location: Date: November 22, 2023 Location: St. Annes Centre 20 Morrison Dr, St Thomas, ON N5R 4S6 Time: 5:00 pm to 8:00 pm COMMENTS You are encouraged to participate in the study and to provide comments in writing to the Project Team. If you wish to have your name added to the project mailing list, or have questions about this project, please contact: Kevin Welker, P.Eng. Project Manager Stantec Consulting Ltd. tel: (519) 675-6652 email: commentsa-hiahwav3eigin.ca Deanna Pizycki, P.Eng. Senior Project Engineer Ministry of Transportation tel: (519) 859-7492 email: comments a i way3el in.ca All media inquiries shall be directed to MTO's Communications Branch at (416) 327-1158 or mto. media@ontario. ca. Additional project information can be found at the study website where project information is made available as the study progresses ( e i way3el in.ca). We are committed to ensuring that government information and services are accessible for all Ontarians. For communication supports or to request project information in an alternate format, please contact one of the preceding Study Team members. Information collected will be used in accordance with the Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments will become part of the public record. If you have accessibility requirements to participate in this project, please contact one of the team members listed above. Ontario 0 ii11111111111 of 1 Progr s save: by Nature Project Update Phillmore Bridge Deck Replacement November 8, 2023 Dear Property Owner/Resident/Merchant, The County of Elgin would like to provide you with information regarding the progress of this project. The Phillmore Bridge is located on Richmond Road (CR 43) south of the Hamlet of Richmond and approximately one kilometer south of Heritage Line (CR 38). Proposed Work Details Work has been ongoing and progressing well on this relatively complex project. Unfortunately, the completion date has been delayed to address additional structural steel component replacements determined necessary after abrasive blast cleaning activities. The list below details some completed milestones and scheduled activities thatwill be completed over the next 5 weeks to conclude this project: - The existing steel truss's top chord has been strengthened with structural steel plates requiring the drilling and installation of 582 bolts (see photo below). - Abrasive blast cleaning and a 3-coat resurfacing of the structural steel has been completed. - Existing steel deck grating and deck stringers has been removed. - Bridge jacking to replace the bearing pads is scheduled next week. - Deck formwork has begun to accommodate the newconcrete deck installation scheduled for November 13th. Deck curingwill require a minimum of 7 days. - Concrete deck parapet walls will be formed and scheduled to be poured on November 27t" - Expansion joints are scheduled to be installed on December6t" - Removal of formworks, installation of handrail and guiderails is scheduled to be completed before December 13t" Proposed Project Timeline - Project Start: Monday, July 10,2023 - Updated Project Completion: Wednesday, December 13, 2023 *Please note thatthe timelines are approximate and will vary depending on weather and other factors. Please also note that construction activities will be completed during weekends during this time in order to advance the project. Contact Information The following list of contact information maybe utilized at anytime should you have any questions or concerns relating to the project. County Project Manager Peter Dutchak, Director of Engineering Services (519) 631-1460, ext. 124 dutchak el in.ca Project Consultant(CIMA+) Akram Khan, M.A. Sc., P. Eng.— Contract Inspection/Administration Akra.Khan cia.ca Lancoa Contracting Inc. Edgar Vasquez— General Project Manager (after hours emergency 647-567-3138 contact) ed ar lancoa.co Page 128 of 134 r���,oiiiii�u,✓�ii11111111111��o�i���1 Elgin',, Progres dve by Nature Transportation Impacts The Phillmore Bridge Deck Replacement Project's updated schedule\Mll necessitate the bridge and Richmond Road in the vicinity of the bridge to be closed until Wednesday. December 13, 2023. During thistime the established constructiondetour\Mll continue to be maintained, utilizing Heritage Line, Plank Road and Calton Line as has been maintained from project commencement. A number of supporting detour directional and information signs have been installed and maintained, to inform the travelling public. Thank you for your continued cooperation and patience. We look forward to completing this important infrastructure upgrade in your area as we work towards building a more sustainable community. Sincerely, Peter Dutchak, CET, CRS Director of Engineering Services County of Elgin Cc: Sent via email Ed Ketchabaw —Warden, County of Elgin Grant Jones — Deputy Warden, County of Elgin Thomas Thayer —CAO/Clerk, Municipality of Bayham Steve Adams — Manager of Public Works, Municipality of Bayham Edgar Vasquez — General Project Manager, Lancoa Contracting Inc. Akram Khan —Associate Partner — Director — CIMA+ Page 129 of 134 SWIFT Brings High -Speed Internet To More Than 1,560 Homes In Elgin County (g' gllin i1'-'ouni°I:y, itDIIJ) II"Novernl er 1, 2023—SWIFT is pleased to announce the successful completion of three high-speed broadband projects in Elgin County. These projects have significantly enhanced connectivity for residents and businesses in the municipalities of Bayham, West Elgin, Dutton Dunwich, and Southwold. As a result, 1,567 homes and businesses that were previously underserved now have access to fast, reliable internet service. "With the completion of these Elgin County projects, not only are we closing the digital gaps within our region, but we're also building stronger and more connected communities that will drive economic growth and create better opportunities for residents," said Barry Field, Executive Director, SWIFT. "We'd like to extend our gratitude to our partners for their invaluable contributions to the success of these projects, recognizing the positive long-term impacts the newly established infrastructure will offer these communities for years to come" As part of SWIFT's Southwestern Ontario broadband expansion plan, North Frontenac Telephone Corporation (NFTC) completed the construction of a high-speed network, bringing improved internet access to 910 homes and businesses throughout the municipalities of West Elgin and Dutton Dunwich. Through a combination of both fibre and wireless technologies, the high-speed project has significantly expanded broadband access within the communitiesol I i,,,� ni7 II L;�Iafl,�n a I�'+c cl, I7. I`!���7 �� � Ilol1. ,� , a_� ��,�, ai7� a "Providing reliable internet access is especially important for rural communities to prosper in our increasingly digital world," said Peter Fragiskatos, Parliamentary Secretary to the Minister of Housing, Infrastructure and Communities, and Member of Parliament for London North Centre, on behalf of the Honourable Sean Fraser, Minister of Housing, Infrastructure and Communities. "Today's announcement marks another milestone for homes, businesses, and farms in Elgin County that can now connect to essential online services and enjoy the additional economic opportunities made available through high-speed internet" Awarded service provider, EH!tel Networks has also completed construction of a 67-Kilometre fibre -to -the -home network to enhance internet service within the municipalities of Southwold and Dutton Dunwich. The newly installed network is now providing 390 previously underserved homes and businesses within the communities of Iona Iona "�tl1'IUO 7, I De^,�]cn� c 'InIJ ";:,ut.hv,�oliJ with access to seamless high-speed connectivity. "Ontario continues to deliver on its commitment to expand access to high-speed internet to communities across the province," said Lisa Thompson, Minister of Agriculture, Food and Rural Affairs. "By building new broadband infrastructure in Elgin County, we're helping to build Ontario and strengthen rural communities. This investment is helping people stay in touch with loved ones, enabling them to access the supports they need while providing a much -needed boost to the local economy." "By prioritizing access to highspeed internet in rural communities throughout Elgin -Middlesex -London, our government is paving the way for additional growth and economic prosperity," said Rob Flack, MPP for Elgin -Middlesex -London. "Broadband infrastructure is another welcome investment in our riding that will greatly benefit rural residents with increased connectivity." In addition, Execulink Telecom has completed construction of a 24-kilometre fibre -to -the -home network in the municipality of Bayham to bring high- speed connectivity to 267 households and businesses located in the communities of r `oi int,h 'InIJ Noll I h I k'11l. "The completion of three high-speed broadband projects across eleven towns and villages throughout Elgin County marks a momentous achievement for our rural communities," declared Elgin County Warden Ed Ketchabaw. "This initiative exemplifies our unwavering dedication to bridging the digital divide and ensuring that residents and businesses in the Municipality of West Elgin, Municipality of Dutton Dunwich, Township of Southwold, and the Page 130 of 134 Municipality of Bayham are equipped with the essential resources for our hyper -connected digital world. The integration of 1,567 previously underserved homes and businesses is not merely a statistic; it's a tangible sign of progress. This accomplishment highlights Elgin County Council's commitment to forging partnerships with organizations, such as SWIFT, that enhance the quality of life and deliver a much -needed economic stimulus to our rural communities" Residents located in the ";,"+,, II 1 1"IM dCCI [)I O' Y Irccia , can now contact the service providers to subscribe to the newly available high-speed service and schedule an installation. The completion of these projects is part of SWIFT's $270 million regional broadband expansion plan, which aims to provide high-speed internet access to nearly 64,000 homes and businesses throughout Southwestern Ontario. For additional information about SWIFT and its broadband expansion plans, please visit J III �Ilh�i,.:cuflh�IIIInd.,,I Quick Facts: SWIFT in partnership with the federal and provincial governments and private sector investors has committed a combined investment of $6.8 million to bring high-speed internet service to 1,567 underserved homes and businesses in the County of Elgin. In total, SWIFT has awarded 97 contracts to support the expansion of broadband infrastructure throughout Southwestern Ontario to bring over 64,000 homes and businesses across the region access to high-speed internet service. Local projects are underway, with 9 projects in the construction phase and 88 projects completed. About SWIFT Southwestern Integrated Fibre Technology (SWIFT) is a non-profit regional broadband project initiated by the Western Ontario Wardens' Caucus to subsidize the construction of high-speed broadband networks across Southwestern Ontario, Caledon and the Niagara Region. The project was approved for funding up to $127.4 million under the New Building Canada Fund — Small Communities Fund (NBCF-SCF), a joint federal and provincial infrastructure funding program, and leverages additional funding from municipal partners and private sector investors to bring improve access to broadband services across the region. R :oo UllK Melissa O'Brien Manager, Communications and Stakeholder Relations Southwestern Integrated Fibre Technology 226.256.1640 Page 131 of 134 CA.M B DG �`�uom�p Pdl'Vk7;47'�j I P� I'C:OPLk I CE,I''h0SPri The Corporation of the City of Cambridge Corporate Services Department Clerk's Division The City of Cambridge Tel: (519) 740-4680 ext. 4585 October 27, 2023 Re: Support for Bill 21, Fixing Long -Term Care Amendment Act At its Council Meeting of October 24, 2023, the Council of the Corporation of the City of Cambridge passed the following Motion: WHEREAS the care, support, and happiness of older adults in Cambridge is a priority for City Council; WHEREAS older adults deserve dignity in care and should have the right to live with their partner as they age; WHEREAS within the Province of Ontario couples do not have the right to be accommodated together when entering long term care facilities; WHEREAS the separation of spouses upon entering long term care facilities is a common occurrence across Ontario; WHERAS Bill 21, Fixing Long -Term Care Amendment Act (Till death do us part) was first introduced in the provincial legislature in 2019 and was reintroduced in 2022; WHEREAS Bill 21 amends the Residents' Bill of Rights set out in section 3 of Fixing Long -Term Care Act, 2021 by adding the right of residents not to be separated from their spouse upon admission and to have accommodation made available for both spouses so they may continue to live together; WHEREAS Bill 21 passed its second reading in the provincial legislature on November 15, 2022 and was subsequently ordered referred to the Standing Committee on Social Policy and has since yet to be called to the Standing Committee; WHEREAS the Conservative provincial Government may bring forward a new Bill that in principle supports the intent of Bill 21 to fix the Long -Term Care Amendment Act; BE IT RESOLVED THAT the City of Cambridge supports any future Bill to fix the Long -Term Care Amendment Act; CA.M B DG �`�uom�p Pdl'Vk7;47'�j I P� I' OFILk I CE I'1110SPri AND THAT the City of Cambridge requests the provincial legislature enact any current and future proposed Bills to fix the Long -Term Care Amendment Act. AND FURTHER THAT the City Clerk be directed to send a copy of this motion to the Region of Waterloo, Province of Ontario, The Honourable Premier of Ontario, The Right Honourable Provincial Members of Parliament, and all Ontario Municipalities. Should you have any questions related to the approved resolution, please contact me. Yours Truly, � Danielle Manton City Clerk Cc: (via email) Hon. Premier Ford Hon. Provincial Members of Parliament Region of Waterloo Province of Ontario All Ontario Municipalities COUNTY OF ELGIN By -Law No. 23-42 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE NOVEMBER 14, 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 November 14, 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 14TH DAY OF NOVEMBER, 2023. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 134 of 134