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29 - December 6, 2023 County Council Agenda Packaged/o zuiuull�lr, o,�fir D+ NA101 Elgin County Council Regular Council Meeting ORDERS OF THE DAY Wednesday, December 6, 2023, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: https://www.facebook.com/ElginCountyAdmin/ Accessible formats available upon request. Pages 1. CALL TO ORDER 2. ADOPTION OF MINUTES 3 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 5. COMMITTEE OF THE WHOLE 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden Ketchabaw - Warden's Activity Report November 2023 14 6.2 Director of Homes and Seniors Services - Homes — Policies and 17 Procedures 6.3 Manager of Emergency Management & Elgin -Middlesex Regional Fire 20 School - Request for additional resource 6.4 Corporate Communications & Engagement Coordinator and Accessibility 24 Coordinator - Refreshing the Elgin County Brand: Addressing Accessibility Requirements 6.5 Director of Engineering Services - Geotechnical Services — Slope 30 Rehabilitation Works (Fingal Line and Glen Erie Line) 6.6 Director of Engineering Services - Talbotville Bypass and Highway 3 42 Twinning — Public Information Centre 2 - Update 6.7 Director of Legal Services - Parts III & IX POA Interim Transfer 50 Agreement Extension 6.8 Elgin / Re -Public Urbanism Agreement 2024 — Single Source 56 6.9 Extension of Medavie EMS Services Agreement 72 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.2 Items for Information (Consent Agenda) 7.2.1 Letter to TVDSB Chair from Dave Jenkins, Elgin Group Police 76 Services Board Chair expressing concerns regarding the pause of School Resource Officer program in schools. 7.2.2 St. Thomas -Elgin Second Stage Housing Newsletter, 78 Fall/Winter 2023 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 - November 28, 2023, Regular Meeting of Council and Special Meeting of Council 9.2 Director of Legal Services - Advice re Potential Litigation Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (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. 23-47 Chief Administrative Officer/Clerk Appointment 82 12.2 By -Law No. 23-48 Confirmation 13. ADJOURNMENT Page 2 of 86 I:IItlll►K91901►IW01901►INII MINUTES November 28, 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 (virtual) Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Staff Present: Don Shropshire, Chief Administrative Officer/Clerk Brian Masschaele, Director of Community & Cultural Services Amy Thomson, Director of Human Resources Jennifer Ford, Director of Financial Services/Treasurer Nicholas Loeb, Director of Legal Services Jenna Fentie, Manager of Administrative Services/Deputy Clerk Paul Hicks, Acting Manager of Planning (virtual) Mike Hoogstra, Manager of Purchasing and Risk (virtual) Natalie Marlowe, Manager of Library Services Michael Baker, Manager of Museum and Archives Sarah Savoie, Accessibility Coordinator (virtual) Stefanie Heide, Legislative Services Coordinator CALL TO ORDER The meeting was called to order at 9:01 a.m. with Warden Ketchabaw in the Chair. 2. ADOPTION OF MINUTES Moved by: Councillor Hentz Seconded by: Councillor Leatham RESOLVED THAT the minutes of the meeting held on November 14, 2023 be adopted. Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Bonnie Rowe, Elder Abuse Elgin - Elder Abuse Elgin Presentation A Senior Volunteer of the Elder Abuse Elgin Board, Bonnie Rowe, provided a presentation to County Council on Elder Abuse Elgin. Page 3 of 86 Moved by: Councillor Couckuyt Seconded by: Councillor Widner RESOLVED THAT the presentation from Elder Abuse Elgin be received and filed. Motion Carried. 5. COMMITTEE OF THE WHOLE Moved by: Deputy Warden Jones Seconded by: Councillor Noble RESOLVED THAT we do now move into Committee of the Whole. Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Manager of Museum and Archives - Elgin County Museum 2023 Annual Report Councillor Giguere, Councillor Hentz, and the Manager of Museum and Archives presented the Elgin County Museum's 2023 Annual Report. Warden Ketchabaw stated that this is the last annual report for the Manager of Museum and Archives as the Manager will be retiring. The Warden and Council thanked the Manager of Museum and Archives for his years of service. Moved by: Councillor Leatham Seconded by: Councillor Hentz RESOLVED THAT the report titled "Elgin County Museum 2023 Annual Report" dated November 28, 2023 from Councillor Dominique Giguere, Councillor Mike Hentz, and the Manager of Museum and Archives be received and filed. Motion Carried. 6.2 Acting Manager of Planning - 34T-WE2301; Applicant — CJDL Engineering; Owner — Donwest Construction The Acting Manager of Planning presented the report that provides Council with the information required to consider approving Draft Plan of Subdisivion by CJDL Consulting Engineers on behalf of Donwest Construction. Moved by: Councillor Noble Seconded by: Councillor Leatham RESOLVED THAT the Council of the Corporation of the County of Elgin grant draft plan approval to Draft Plan of Subdivision by CJDL Consulting Engineers on behalf of Donwest Construction dated April 5, 2023; and THAT staff be directed to provide notice of this decision subject to the conditions of final approval in accordance with the requirements of the Planning Act. Motion Carried. 6.3 Manager of Library Services - Elgin County Library Membership and Circulation Policy Adoption The Manager of Library Services presented the report that provides Council with the information required to consider approving a policy to Page 4 of 86 govern membership and circulation services offered by Elgin County Library and its ten branches. Moved by: Deputy Warden Jones Seconded by: Councillor Couckuyt RESOLVED THAT the report titled "Elgin County Library Membership and Circulation Policy Adoption" dated November 28, 2023 from the Manager of Library Services be received and filed; and THAT the Elgin County Library Membership and Circulation Policy attached as Appendix A to the report titled "Elgin County Library Membership and Circulation Policy Adoption" dated November 28, 2023 be hereby adopted. Motion Carried. 6.4 Accessibility Coordinator - Elgin County and LMPs Joint Diversity, Equity, and Inclusion Plan 2024-2026 The Accessibility Coordinator presented the report that provides Council with the information required to review, provide input on, and approve the Joint Diversity, Equity and Inclusion (DEI). The Warden stated that this Thursday is the Accessibility Coordinator's last day with the County and the Warden and Council thanked the Accessibility Coordinator. Moved by: Councillor Noble Seconded by: Deputy Warden Jones RESOLVED THAT the report titled "Elgin County and LMPs Joint Diversity, Equity, and Inclusion Plan 2024-2026" dated November 28, 2023 from the Accessibility Coordinator be received, filed, and approved. Motion Carried. 6.5 Manager of Procurement & Risk - Procurement Activity Report Q3 (July 1, 2023 to September 30, 2023) The Manager of Procurement & Risk presented the report that provides details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000 for the period of July 1, 2023 to September 20, 2023. Moved by: Councillor Hentz Seconded by: Councillor Giguere RESOLVED THAT the report titled "Procurement Activity Report Q3 (July 1, 2023 to September 30, 2023)" dated November 28, 2023 from the Manager of Procurement & Risk be received and filed. Motion Carried. 6.6 Manager of Procurement & Risk - General Insurance and Risk Management Services Program for 2024 The Manager of Procurement & Risk presented the report recommending that Council approve the General Insurance and Risk Management Services Program proposed by Marsh Canada Limited be approved at the annual premium cost of $573,931 plus taxes for the period of December 15, 2023 to December 15, 2024. Moved by: Deputy Warden Jones Seconded by: Councillor Leatham Page 5 of 86 RESOLVED THAT the General Insurance and Risk Management Services Program proposed by Marsh Canada Limited ("Marsh") be approved at the annual premium cost of $573,931 plus taxes commencing December 15, 2023 and expiring on December 15, 2024; and THAT the Manager of Procurement & Risk and Director of Financial Services/Treasurer be authorized to renew the policy. Motion Carried. 6.7 Manager of Administrative Services/Deputy Clerk - 2024 County Council Meeting Schedule The Manager of Administrative Services/Deputy Clerk presented the report seeking Council's approval of the 2024 Elgin County Council Meeting Schedule. Moved by: Councillor Widner Seconded by: Councillor Giguere RESOLVED THAT the report titled "2024 County Council Meeting Schedule" dated November 28, 2023 from the Manager of Administrative Services/Deputy Clerk be received and filed; and THAT the 2024 County Council Meeting schedule be approved as presented; and THAT notice of the 2024 schedule of County Council Meetings and any special meetings outside of the adopted schedule of regular meetings of Council be made available from the Municipal Office and posted on the County's website in accordance with Elgin County Council's Procedural By -Law. Motion Carried. 6.8 Director of Legal Services - Indemnification By -Law The Director of Legal Services presented the report seeking Council's approval for an indemnification by-law that sets out the eligibility criteria, exceptions, protocols and extent of indemnification of County employees, Members of Council, Members of Local Boards, and volunteers. Moved by: Councillor Giguere Seconded by: Councillor Noble RESOLVED THAT the report titled "Indemnification By -Law" dated November 28, 2023 from the Director of Legal Services be received and filed; and THAT the Director of Legal Services be directed to provide more information to County Council at the January 09, 2024 meeting. Motion Carried. 6.9 Director of Legal Services - Delegation of Authority By -Law The Director of Legal Services presented the report recommending that County Council pass a comprehensive delegation of authority by-law which will formalize practices and processed for officers and employees of the County to efficiently operate their departments. Moved by: Councillor Sloan Seconded by: Councillor Widner Page 6 of 86 RESOLVED THAT the report titled "Delegation of Authority By -Law" dated November 28, 2023 from the Director of Legal Services be received and filed; and THAT the Director of Legal Services be directed to provide more information to Council at the January 09, 2024 meeting. Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration None. 7.2 Items for Information (Consent Agenda) None. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.1.1 Councillor Widner -Land Division Committee Inspections Councillor Widner noted that he has received inquiries from Land Division Committee Members seeking clarification on whether they are permitted to conduct site visits related to consent applications. The Chief Administrative Officer/Clerk acknowledged the confusion, and will work with the Planning Technician/Land Division Secretary - Treasurer and Director of Legal Services to ensure clear communications are provided to the Land Division Committee Members. 8.1.2 Councillor Giguere - Giving Tuesday Councillor Giguere stated that today is Giving Tuesday and encouraged members of Council to consider donating to the Terrace Lodge Comforts of Home Fundraising Campaign at donatetoterracelodge.ca. Councillor Giguere acknowledged and thanked the Warden for the donation that he personally made at the Warden's Banquet. 8.1.3 Warden Ketchabaw - Local Holiday Parades The Warden encouraged Councillors to attend Holiday Parades in neighbouring local municipalities within Elgin. 8.1.4 Warden Ketchabaw - Thank You to Council Warden Ketchabaw thanked Council for their support this past year. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS Moved by: Councillor Noble Seconded by: Councillor Widner 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): Page 7 of 86 Closed Meeting Item #1 - November 14, 2023 Closed Meeting Minutes Closed Meeting Item #2 - Human Resources Update (d) labour relations or employee negotiations Closed Meeting Item #3 - IT Update (a) security of the property of the municipality or local board Closed Meeting Item #4 - Boundary Adjustment Matter Update (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 Motion Carried. 9.1 Closed Meeting Minutes - November 14, 2023 9.2 Director of Human Resources - Human Resources Update 9.3 Director of Financial Services/Treasurer - IT Update 9.4 Director of Legal Services - Boundary Adjustment Matter Update (verbal) 10. MOTION TO RISE AND REPORT Moved by: Councillor Noble Seconded by: Councillor Couckuyt RESOLVED THAT we do now rise and report. Motion Carried. Closed Meeting Item #1 - November 14, 2023 Closed Meeting Minutes Moved by: Councillor Leatham Seconded by: Deputy Warden Jones RESOLVED THAT the closed meeting minutes of the meeting held on November 14, 2023 be adopted. Motion Carried. Closed Meeting Item #2 - Human Resources Update Moved by: Councillor Noble Seconded by: Councillor Giguere RESOLVED THAT the confidential report from the Director of Human Resources be received for information. Motion Carried. Closed Meeting Item #3 - IT Update Moved by: Councillor Noble Seconded by: Deputy Warden Jones RESOLVED THAT the confidential report from the Director of Financial Services/Treasurer be received for information. Motion Carried. Closed Meeting Item #4 - Boundary Adjustment Matter E^ Page 8 of 86 Moved by: Councillor Widner Seconded by: Councillor Noble RESOLVED THAT the confidential report from the Director of Legal Services be received for information; and THAT staff proceed as directed. Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Deputy Warden Jones Seconded by: Councillor Noble RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-43 Indemnification By -Law BEING a By -Law to Provide for the Indemnity and Defence of Members of Council, Members of Local Boards, Employees and Volunteers of the County Against Loss or Liability Incurred while Acting on Behalf of the County. Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED THAT By -Law No. 23-43 be now read a first and second time. Motion Carried. 12.2 By -Law No. 23-44 Delegation of Authority BEING a By -Law to Delegate Authority to Officers and Employees of the Corporation of the County of Elgin. Moved by: Councillor Leatham Seconded by: Councillor Noble RESOLVED THAT By -Law No. 23-44 be now read a first and second time. Motion Carried. 12.3 By -Law No. 23-45 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 28, 2023 Meeting. Moved by: Councillor Hentz Seconded by: Deputy Warden Jones RESOLVED THAT By -Law No. 23-45 be now read a first, second, and third time and finally passed. Motion Carried. 13. ADJOURNMENT 7 Page 9 of 86 Moved by: Councillor Widner Seconded by: Councillor Couckuyt RESOLVED THAT we do now adjourn at 12:05 p.m. to meet again on December 5, 2023 at 7:00 p.m. Motion Carried. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 10 of 86 I:IItlll►K91901►IW01901►INII SPECIAL MEETING MINUTES November 28, 2023, 2:00 p.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 (virtual) Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Staff Present: Don Shropshire, Chief Administrative Officer/Clerk Brian Masschaele, Director of Community & Cultural Services Amy Thomson, Director of Human Resources (virtual) Jennifer Ford, Director of Financial Services/Treasurer Nicholas Loeb, Director of Legal Services (virtual) Peter Dutchak, Director of Engineering Services Jenna Fentie, Manager of Administrative Services/Deputy Clerk Carolyn Krahn, Manager of Economic Development, Tourism & Strategic Initiatives Stefanie Heide, Legislative Services Coordinator i tl97e1I M riZel N DI :I d The meeting was called to order at 2:07 p.m. with Warden Ketchabaw in the chair. 2. ADOPTION OF MINUTES None. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Noble Seconded by: Councillor Couckuyt RESOLVED THAT we do now move into Committee of the Whole. Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF Page 11 of 86 None. 7. COUNCIL CORRESPONDENCE None. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS Moved by: Councillor Leatham Seconded by: Deputy Warden Jones 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 - Infrastructure Growth Discussion (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. Motion Carried. 9.1 Infrastructure Growth Discussion 10. MOTION TO RISE AND REPORT Moved by: Councillor Hentz Seconded by: Deputy Warden Jones RESOLVED THAT we do now rise and report. Motion Carried. Closed Meetina Item #1 - Infrastructure Growth Discussion Moved by: Councillor Noble Seconded by: Councillor Widner RESOLVED THAT the confidential presentation be received for information Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Noble Seconded by: Councillor Hentz RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. 2 Page 12 of 86 Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-46 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 28, 2023 Special Meeting. Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED THAT By -Law No. 23-46 be now read a first, second, and third time and finally passed. Motion Carried. 13. ADJOURNMENT Moved by: Councillor Widner Seconded by: Councillor Giguere RESOLVED THAT we do now adjourn at 3:30 p.m. Motion Carried. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 13 of 86 E191,11, RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Ed Ketchabaw, 2023 Warden DATE: December 6, 2023 SUBJECT: Warden's Activity Report November 2023 THAT the report titled "Warden's Activity Report November 2023" dated December 6, 2023 from 2023 Warden Ed 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 November 2023 as Elgin County Warden. BACKGROUND AND DISCUSSION: Events/Meetings Attended by Warden: November 2023: • Ministry of Finance Technical Briefing (November 2) • Elgin Regimental Association Interment (November 4) • Southwold War Memorial Committee 24t" Anniversary Ceremonies (November 5) • Port Burwell Remembrance Ceremonies (November 5) • Tour of Terrace Lodge Redevelopment (November 9) • Dutton Dunwich Evening of Remembrance (November 10) • St. Thomas Remembrance Day (November 11) • County Council Regular Meetings (November 14 and November 28) • Budget Committee Meetings (November 14 and November 29) • Fanshawe College Graduation — St. Thomas Campus (November 17) • Elgin County Annual Warden's Dinner (November 17) • Farewell Dinner for OPP Inspector Mark Loucas (November 20) • Dickens Day Parade — Port Stanley (November 24) • Aylmer Santa Claus Parade (November 25) • Business Retention and Expansion Interview with ETBO (November 27) • Elgin County Staff Service Recognition Lunch (November 28) Page 14 of 86 • 5peciai county uouncii ivieeting (November 2b) • Thames Valley District School Board Chair's Inaugural Address (November 28) • Community Safety and Wellbeing Integration Table Meeting (November 29) • South Central Ontario Region Economic Development Corporation (SCOR EDC) Meeting (November 30) 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. 2 Page 15 of 86 It has been my honour to serve as Warden for 2023 and it has been a privilege to have been able to connect with residents and stakeholders throughout the past year. All of which is Respectfully Submitted Ed Ketchabaw 2023 Warden 3 Page 16 of 86 E191,11, RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: December 6, 2023 SUBJECT: Homes — Policies and Procedures THAT the report titled "Homes — Policies and Procedures" dated December 6, 2023 be received and filed; and, THAT Council authorize the Director of Homes and Seniors Services to approve legislatively required, mandatory Homes policies and procedures provided that the appropriate persons have reviewed and provided approval. INTRODUCTION: The purpose of this report is to seek Council approval for delegation of approval of Homes policies and procedures for the three County of Elgin Homes. BACKGROUND AND DISCUSSION: The County of Elgin Homes (Bobier Villa, Elgin Manor and Terrace Lodge) requires policies and procedures that align with legislative requirements (e.g. Fixing Long -Term Care Act, 2021 and Ontario Regulation 246/22) to meet Ministry of Long -Term Care (MLTC) requirements, and to provide direction for all Homes staff in the provision of care and services. Policies and procedures are reviewed annually, and with changes to legislation, by applicable staff which may include the Director of Homes and Seniors Services, Administrators, departmental managers, Infection Prevention and Control managers, Quality Improvement team, the Homes contracted service providers and partners (pharmacy, dietitian, medical directors, public health, etc.) to ensure alignment with current legislation and best practices. Current practice entails all policies and procedures requiring approval by council which could result in a delay in implementation and/or an "unmet" during a MLTC home inspection. To support timely implementation and resident care and services, it is recommended that the Director of Homes and Seniors Services be provided the Page 17 of 86 2 authority io approve, ensuring that Homes policies and procedures are reviewed and approved by appropriate persons, as applicable. FINANCIAL IMPLICATIONS: ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: ® Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: N/A COMMUNICATION REQUIREMENTS: programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Pending council direction, staff will communicate updates to the approval process for Homes policies and procedures to appropriate persons to support timely review/revisions, implementation and positive outcomes. CONCLUSION: Staff recommend that authority to approve Homes policies and procedures, following appropriate review by applicable persons, be delegated to the Director of Homes and Seniors Services. Page 18 of 86 3 All of which is Respectfully Submitted Michele Harris Director of Homes and Seniors Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk Page 19 of 86 REPORT TO COUNTY COUNCIL p��) , � FROM: Andrea Loughlean, Manager of Emergency (Ill��nam Management & Elgin -Middlesex Regional Fire School .gn PrOgressiv'e by Nature DATE: November 29, 2023 SUBJECT: Request for additional resource RECOMMENDATIONS: THAT Elgin County Council approve the addition of a Fire Training Coordinator position in the Emergency Management department. INTRODUCTION: Observed gaps and excessive hours required by staff over the last two years, with respect to the Elgin -Middlesex Regional Fire School (EMRFS), have created an unsustainable workload in the department. The addition of a full time equivalent (FTE) Fire Training Coordinator position, with costs offset by increased revenue, would address the demands and allow improved efficiency and increased productivity within the department. The request is being presented prior to budget approval, due to the timing of fire training starting early in the new year and significant need for additional resources toward the preparation and implementation of the 2024 fire courses. BACKGROUND AND DISCUSSION: Over the course of 2022 and 2023, a gap within the Emergency Management department has been identified. The hours of required support from County staff with respect to the EMRFS by current and previous Managers and Administrative Assistants has consistently, and greatly, exceeded that expected of a typical FTE employee. When we consider that the Emergency Management department has three pillars of focus: EMRFS, Emergency Management (EM), as well as Emergency Medical Services contract oversight (with CAO), the imbalance becomes apparent. With over 35 hours/week, for both Manager and Administrative Assistant alike, being spent on EMRFS business alone, it leaves little time for other aspects of work within the department, such as business continuity planning, advanced strategic planning, asset management, local municipal support, and performance management to name only a few. Page 20 of 86 2 The addition of a Fire Training Coordinator would help establish a more balanced and effective department workload. Thus, enabling each member of the team to be more effective and productive for present, short term, and long-term initiatives. Ultimately, this would not only benefit Elgin County but all of our LMPs as well. To offset the cost of the additional full-time position, the revenue line for the Fire School has been increased to project revenue for 2024 by an additional $100K such that the new position would be fully covered in the cost of the courses being offered. We would still remain competitive and be able to cover some additional costs under this model. After presenting the department's 2024 proposed budget, which incorporated the addition of the Fire Training Coordinator, the Budget Committee was asked to approve this presentation to council at the December 6t" meeting due to the immediate need within the department and our upcoming recruit program starting in January — EMRFS's most demanding and challenging time of year. FINANCIAL IMPLICATIONS: By increasing course fees for those participating in EMRFS training, staff have increased our projected revenue for 2024 by an additional $100K, which more than recovers the costs involved with the proposed Fire Training Coordinator position ($98.4K). Projected revenue was conservatively calculated based on 2023 actuals with regard to number of course participants and course attendance percentages. In 2023, we saw an increase in revenue compared to that of 2022, and should see final revenue for 2023 that exceeds our projected $130K. We anticipate a similar increase in performance in 2024 based on increased awareness of the EMRFS, increased numbers of participants, and escalating reputation for the high -quality fire training being offered. It was suggested at Budget Committee to increase projected revenue an additional $10K to offset any increase to the 2024 budget overall. Our initial estimates were conservative projections, and an additional increase of $10K projected revenue would be a reasonable expectation of the EMRFS's 2024 performance as per the, request of the budget committee. Page 21 of 86 3 ALIUNiwtN I 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. 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. While the LMP fire services will see a slight increase in course fees, as will those municipalities outside of our EMRFS partners, it remains the most cost-effective means of training available. The additional departmental resources will continue to allow the LMP fire services to build internal capacity that aligns with provincially legislated requirements (O. Reg. 343/22) for NFPA certification by July 1, 2026 in the most cost- effective manner. COMMUNICATION REQUIREMENTS: Discussions have occurred with all Elgin County Fire Chiefs regarding the proposed changes and subsequent increase in course fees. It should be noted that the Fire Chiefs were in unanimous support of the addition of a Fire Training Coordinator position despite the slight increase in course fees. CONCLUSION: Given the significant and unsustainable workloads within the current staffing compliment, with regard to the EMRFS, it is recommended to add a Fire Training Coordinator FTE position to balance the workload and improve efficiency and productivity within the department. The cost associated with the Fire Training Coordinator and additional costs of $10K would be offset by increasing projected revenue by $110K. Page 22 of 86 All of which is Respectfully Submitted Andrea Loughlean Manager of Emergency Management & Elgin -Middlesex Regional Fire School Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 0 Page 23 of 86 .gn RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Jessica Silcox, Corporate Communications & Engagement Coordinator Sarah Savoie, Accessibility Coordinator DATE: December 6, 2023 SUBJECT: Refreshing the Elgin County Brand: Addressing Accessibility Requirements THAT the report titled "Refreshing the Elgin County Brand: Addressing Accessibility Requirements" dated December 6, 2023, from the Corporate Communications & Engagement Coordinator, Accessibility Coordinator, be received and filed; and THAT the refreshed County of Elgin logo be approved as presented. INTRODUCTION: This report aims to provide Elgin County Council with an overview of the newly refreshed Elgin County Logo. In order to address accessibility requirements, the Corporate Communications & Engagement Coordinator collaborated with the County's Accessibility Coordinator and a local graphic designer to revitalize the County's logo. Detailed in Appendix One, the refreshed logo was designed to adhere to the Web Content Accessibility Guidelines (WCAG) 2.0 Level A and AA. BACKGROUND AND DISCUSSION: In 2007, a design firm called Yfactor was hired to create a marketing and branding strategy for Elgin County. The strategy and logo were approved by the County Council in 2008. Since then, the logo has been modified by different County departments. However, due to changes in branding, marketing, visual identity, and accessibility requirements, the current logo's colour palette and font are no longer accessible. The Accessibility for Ontarians with Disabilities Act (AODA) was first introduced in 2005. In 2011, the O.Reg 191/11 Integrated Accessibility Standards Regulation (IASR), which applies to public sector organizations, was implemented. The IASR requires public sector organizations to comply with the W3C Web Content Accessibility Guidelines Page 24 of 86 2 �VVUAU) Z.0 Level A and AA by January 1, 2021, under the Information and Communication Standard. To comply with these regulations, staff worked with a local graphic designer to create a refreshed logo that addresses accessibility requirements (see Appendix One). The project is very timely as the County is currently in the process of redeveloping its corporate website and branding several fleet vehicles. It is worth noting that the new logo can be introduced gradually with other lifecycle projects, including new road signage that will be implemented soon. Corporate documents such as Council Reports, Press Releases, Human Resources Policies, etc. can all be updated in-house by the Corporate Communications & Engagement Coordinator. Furthermore, to safeguard these newly developed County assets, the Corporate Communications & Engagement Coordinator will liaise with the Director of Legal Services to ensure that the new logo and the accompanying "Progressive by Nature" Tagline are officially trademarked through the Canadian Intellectual Property Office, thus fortifying legal protection against unauthorized usage. This strategic move will aim to preserve the County's distinctive identity and branding elements from potential misuse by external entities. FINANCIAL IMPLICATIONS: This refresh required the retention of a local graphic designer to make the revisions. At the time of writing this report, the total cost from the designer is $316.40 (inclusive of H.S.T). However, the designer still needs to create a few other renditions of the logo, which will cost approximately $90-$180 more plus HST to complete. There will also be a phased -in approach to implementing this refresh across the Corporation to minimize implementation costs. Page 25 of 86 3 ALIUNiwtN I 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: Local Municipal Partners will be notified about the new logo. COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Staff will need to create a new Visual Identity Standards document as well as a Brand Manual to train staff on the proper use of the new logo, font, and colour palette. These documents will also be useful for educating stakeholders on the proper use of the County's new logo. CONCLUSION: The new County logo is now compliant with accessibility requirements while still maintaining the original integrity and intentions set out by the original logo. Page 26 of 86 All or wnicn is Respectfully Submitted Jessica Silcox Corporate Communications & Engagement Coordinator Sarah Savoie Accessibility Coordinator Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 0 Page 27 of 86 Appendix One Current Logo: h 'Elgin '1 1 Refreshed Colour Palette #OE64A9 #547C3C Refreshed Logo: ElginGot.jnty #F99E1D #000000 Page 28 of 86 Refreshed Department Logos Liibrair IIIII � Ill�i Museum EIIIII Ili C IIP ` (Homes 100CS �E I g i n C o t,,jIIY 'To uri'sm Library �� r � e` Museum � �O', C) III° ��� � Homes IIIlt ," Archives. Page 29 of 86 E191,11, RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Director, Engineering Services DATE: December 6, 2023 SUBJECT: Geotechnical Services — Slope Rehabilitation Works (Fingal Line and Glen Erie Line) THAT Englobe Corp. be retained to provide geotechnical investigative, slope stability analysis and remediation design services for the rehabilitation of unstable road slopes on Fingal Line and Glen Erie Line in accordance with Section 4.7c(iii) of the County's Procurement Policy. INTRODUCTION: Englobe Corp. has submitted a proposal to complete detailed geotechnical analysis and to prepare specifications and construction plans to remediate identified unstable road slopes on Fingal Line and Glen Erie Line. This work is a natural continuation of previous work recently completed by Englobe Corp. and therefore staff is recommending awarding the assignment as a single source purchase of services as supported by the County's Procurement Policy. BACKGROUND AND DISCUSSION: As part of pre -engineering planning work to support capital projects scheduled to be completed in 2024, Englobe Corp. was retained through an RFP process adhering to the County's Procurement Policy to complete geotechnical investigative works on Fingal Line and Glen Erie Line. That investigation concluded that there are two (2) unstable road slopes on Fingal Line (CR 16) and eight (8) unstable road slopes on Glen Erie Line (CR 42) that require further investigation and remediation. The 2 locations on Fingal Line are within the planned reconstruction area of the `Port Talbot Hill' proposed to be reconstructed in 2024. The 8 road slope locations on Glen Erie Line are planned to be remediated in 2024 and this road surface is planned to be rehabilitated in 2025. Therefore, completion of this engineering and design work is important to maintain the construction schedule of other projects. Englobe Corp. has submitted a proposal (attached) to complete geotechnical fieldwork to drill boreholes at each slope location (10 in total, ranging in depth of 6 to 28 metres), Page 30 of 86 iaooraiory testing and prepare remediation specifications and design drawings for each location. The total cost of these services is $209,500 plus HST. The proposed 2024 capital budget has allocated funds towards the reconstruction of Port Talbot Hill on Fingal Line and to rehabilitate road slopes along Glen Erie Line with sufficient budget to fund Englobe's work. The County's Procurement Policy allows for non-competitive, single source purchases of goods and services provided there are valid and sufficient reasons. Section 4.7c(iii) states, "The procurement may be conducted using a Single Source process if there is a need for compatibility with goods and/or services previously acquired or the required goods and/or services will be additional to similar goods and/or services supplied under an existing contract". The County had previously awarded geotechnical investigative services to Englobe Corp. through a competitive process. This new proposal is a natural progression of previously completed works by Englobe Corp. and therefore staff is recommending to accept their proposal as a single source purchase. FINANCIAL IMPLICATIONS: The proposed 2024 Capital Budget includes the Port Talbot Hill Reconstruction ($2,636,700) and Glen Erie Line Road Slopes Stabilization ($2,040,000) for which the services proposed by Englobe Corp ($209,500 plus HST) will be funded. 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: None. 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. 2 Page 31 of 86 LUUAL MUNICIPAL PARTNER IMPACT: None anticipated. COMMUNICATION REQUIREMENTS: �m CONCLUSION: As part of pre -engineering planning activities to support scheduled construction projects, Englobe Corp. was retained through a competitive process to review existing road slopes within proposed construction areas and provide an evaluation and recommendation if further detailed investigations are required. Based on these visual inspection reports, Englobe Corp. has recommended that 10 road slopes require a full slope stability analysis and have submitted a proposal to complete this work along with remediation specifications and construction drawings. The value of their proposal is $209,500 plus HST and staff recommends to proceed as a single source purchase as supported by the County's Procurement Policy. All of which is Respectfully Submitted Peter Dutchak Director, Engineering Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 3 Page 32 of 86 eNGLoee County of Elgin 450 Sunset Drive St. Thomas, Ontario, N5R 5W Subject: Professional Services Proposal Slope Stability Investigation Fingal Line and Glen Erie Line Elgin County, Ontario Englobe reference: P2309574.001 ig 111111 M i relyff-32 =*- Englobe Corp. (Englobe) was retained by Elgin County (The County) to carry out a geotechnical/ pavement investigation for the proposed improvement and reconstruction of sections of Fingal Line and Glen Erie Line in Elgin County. The complete scope of work under Agreement No. RFP2022-P20 "2022-2023 Geotechnical Consulti 0. Ali I design of the storm sewer infrastructure replacement along the Fingal Line, pavement engineering recommendations for full reconstruction of Fingal Line and Glen Erie Line. I 1900 &TIMS, I observed site conditions at selected slope cross sections was provided to the client. The purpose of the slope inspection was to assess the condition of the current slope at various selected locations including slope profile, drainage watercourse features, existing structures, vegetation, erosion features and signs of instability and specifically identify existing locations where slope deterioration may - I 'M ..................... kiwk & ............ ......... 11 111 .. 40 " 4 . . . . . . . I - Based on the preliminary information provided in the Visual Inspection Reports, it is Englobe's opinion that a geotechnical investigation with full slope stability analysis will be required at two (2) locations on Fingal Line and eight (8) locations on Glen Erie Line. The geotechnical investigation fieldwork will include a total of ten (10) Boreholes to be located near the crest of the slope and advanced to depths ranging from 6 to 28 m below ground surface (m BGS). T 519.741.1313 — 353 Bridge Street East — Kitchener, ON — Canad 2K 2Y5 I® V'age 33 of 86 HIMI -- Arrange for public and private utility locates; -- Arrange for drilling contractor Lodrill and sample ten (1Q)Boroho|os; -- Supervising the drilling operation of ten (10) Boreholes to depths ranging from 6 to 28 metres; -- Collect soil samples in conjunction with SPT and pocket penetrometer testing and log soil sLnabQnaphy; -- Measure groundwater levels inthe open boroho|os; -- Backfill the boreholes with bentonite in accordance with Ontario Regulation 903 (as amended); -- Survey the borehole locations and elevations (GoodoLic);and, -- Submit twenty (20) soil samples for grain size analyses andAUorborQ Limits Test and determine moisture contents on all soil samples. -- Soil description, boroho|oslogs, borehole location plan for the site; — Laboratory testing results; and, — Computer analysis and slope stability analysis for two slope profile sections using SLOPE\W Software and calculate the slope stability and safe setback. Provide recommendations for the building total setback from the top of the slope to comply with the MNR Technical Guidelines. 3.1 The document will include appendices with- - Location Plan; -- Site Plan showing borehole locations; -- Borehole Logs; -- Results ofGooLochnica| Laboratory Testing; and. County of Elgin Professional Services Proposal All services which are not described herein are not part ofthis proposal. Namely, -- Topographic survey ofthe slope with cross sections; -- Provisional fee for drilling to depths greater than those specified above is $170/moLro; — Topographic Survey (Slope Profiles) at ten locations in CAD form — Site access and permission for fieldwork. i 111111111111111 111111q�� iyiii�; 1 Immediately upon receipt of authorization to proceed, Englobe will request public and private utility locates. It will take about two weeks to provide the public and private locates. It will take about two weeks to provide the laboratory results after the borehole investigation based on the availability of the drill rig. Our engineering report would be available in two weeks following completion of the geotechnical laboratory testing. Total project time is estimated to be eight weeks. County of Elgin Professional Services Proposal 8 Invoicing and terms of ],Z= The Client will receive a progress invoice following completion of the field work and the remaining invoice will be submitted following completion of final report. MMMM��� M M� i 70TIUM"Ors 0 =0, We thank you for allowing us to submit our proposal and trust we will be granted the opportunity of participating to the execution of your Project. Should you accept our proposal, please note that our Services will be executed following the terms of this letter, as well as in accordance with the attachei Terms and Conditions, all of which constitute the official agreement between the two parties. Yours very truly, i rol TIM M40 I . I - WAR,= 1 -1 1 0 0 WOMIN1161MwMeM - County of Elgin Professional Services Proposal Englobe CorD. I November 15, 2023 1 Englobe refFrG—Q@: ��(9'95$00# 8= Name: Title: Company: Phone number: Email: Modification: Legal name for invoicing: County of Elgin Professional Services Proposal I iii�� III! � iii � i '' nm I I Jll For the purpose of these Terms and Conditions ("T&Cs"), Englobe Corp. shall be referred to as the "Service Provider". Clause 1 Acceptance 1.1 The acceptance of the Proposal for Professional Services (the "Proposal") and/or the issuance of a purchase order by Client shall constitute Client's acceptance of these T&Cs. These T&Cs shall prevail over any additional or contradictory provision of a purchase order or other document submitted by Client. No amendment or waiver to these terms and conditions shall be valid unless evidenced in writing by a duly authorized representative of Service Provider. The acceptance of a purchase order or other document by Service Provider, or Service Provider's omission to oppose to additional or contradictory provisions on any purchase order or other document emanating from Client, shall not be interpreted as an acceptance of such provisions or a waiver by Service Provider of these Terms and Conditions. Cruse 2 Service Provider Fees Except if otherwise stated in the Proposal, payment terms for the Services shall be as follows: 2.1 Client shall pay Service Provider within 30 days from receipt of an invoice without any deduction, withholding, set-off or abatement whatsoever. All payments are to be made in Canadian currency. Any outstanding balance from and after such 30-day period shall bear interest at a rate of 1.5%, compounded monthly (19.56% per annum). 2.2 Client agrees to receive electronic invoices in lieu of paper invoices. Such invoices shall be sent to the email address indicated by Client on the execution page of the Proposal. 23 Fees and other charges payable by Client are determined in accordance with Service Provider's rates in effect at the time the Services are performed, as described in the Proposal. Reimbursable expenses include, but are not limited to, mileage, air fare, accommodation, vehicle rental, parking and meals. 2.4 Fees and other charges shall be net of GST, HST, QST, Value Added Tax, Provincial Sales Tax or any other similar taxes (the "Applicable Taxes"). Applicable Taxes, if any, shall be levied in addition to any fees or other charges payable by Client under the Proposal and will be shown separately on each invoice. The parties shall not be responsible for income taxes and or other taxes owed by the other party. 2.5 Service Provider shall be entitled to recover all costs, interest and legal expenses it incurs in recovering any outstanding balance owed by Client, including any reasonable legal fees and disbursements, as well as an additional amount equal to 20 % of such outstanding balance, as liquidated damages (and not as a penalty). 2.6 Any request from Client following the issuance of a report or other Deliverable (meeting, court testimony, request for information, etc.) shall be invoiced at the rates determined by Service Provider, acting in its sole discretion. Service Provider's travel and other expenses, if any, shall also be invoiced to Client. cruse 3 Changes 3.1 Client acknowledges that (i) changes to the Services; (ii) unforeseen circumstances or conditions; (iii) situations beyond a party's reasonable control; and (iv) changes to applicable laws or standards, may increase the costs incurred by Service Provider to perform the Services (individually, a "Change"). 3.2 Service Provider undertakes to notify Client of any additional costs resulting from a Change that are necessary to complete the Project. Any Change shall result in a reasonable adjustment to Service Provider's fees and to the schedule for the provision of the Services, where applicable. 3.3 Client acknowledges and agrees that any request made to change the name of the entity being invoiced (as indicated in the body of the Proposal) will result in it being charged a $250 administration fee. Clause 4 Service Provider Obligations 4.1 In performing the Services, Service Provider shall act in a professional manner, using the same degree of care and skill ordinarily exercised by members of the same professional and consistent with professional standards applicable to the same or similar Services, performed in conditions similar or the same to those of the Project site (the "Site"). ,1.2 Prior to performing any intrusive work (if applicable), Service Provider undertakes to apply for an underground structure locate report with the appropriate service provider. Service Provider shall not be liable for any loss or damage caused to the Site or to any underground structures not identified (or incorrectly identified) in the locate report and Client shall indemnify and hold Service Provider and its directors, officers, employees, agents, successors and assigns harmless from and against any and all costs arising out of, or resulting from the presence of such underground structures. 4.3 Service Provider shall make commercially reasonable efforts to minimize damages to the Site but does not guarantee that it will be returned to the same condition as it was prior to the work. All costs necessary to restore the Site to its original condition shall be borne by Client. �1.,i Service Provider shall make commercially reasonable efforts to minimize damages to the Site but does not guarantee that it will be returned to the same condition as it was prior to the work. All costs necessary to restore the Site to its original condition shall be borne by Client. 4.5 Service Provider shall not provide maintenance or support, nor shall it issue maintenance recommendations, with respect to the Deliverables. 4.6 Service Provider shall keep all records relevant to the Project for a period of 10 years following the provision of the Services. Such records shall be made available to Client upon written request. Clause 5 Client Obligations 5.1 Client agrees to promptly provide Service Provider with any information relevant to the provision of the Services, including such information as that which Service Provider could not reasonably obtain pursuant to section 4.2, as well as any information which could have an impact on the safety of Service Provider's personnel (the "Data"). Client hereby represents and warrants that the Data is accurate and understands that Service Provider will be relying on such data to perform the Services. * � * err .• * *ra � .��:� .',,e *:�, 62 Client shall provide Service Provider with access to the Site and procure and maintain all permits and licenses necessary for the performance of the Services. 53 Client shall take all necessary measures to ensure the safety of Service Provider's employees and representatives on the Site. Where unpredictable conditions require Service Provider to take exceptional measures for the safety of its employees and representatives or for the public in general, Service Provider shall be entitled to act for and on behalf of Client with respect thereto and all costs resulting therefrom shall be borne by Client. 5.4 Client agrees to comment or accept within 10 days from their receipt any documents that Service Provider may submit for its review, failing which such documents shall be deemed accepted by Client. cruse G Liability and Indemnification 6.1 Client acknowledges that the Services entail certain risks which may lead to disruptions including, without limitation, the temporary suspension of Client's business operations. Service Provider shall not be liable for any damages or costs arising out of, or relating to such temporary disruptions. Notwithstanding the foregoing, Service Provider shall remain liable for Client's material losses, where such losses result from Service Provider's gross negligence or willful misconduct. 6.2 Service Provider shall not be liable for any claims, damages or costs arising from the discovery of the presence, spill, release, escape or effects of radiation, radioactive or nuclear reactions, or the presence of radioactive, toxic or explosive substances, or hazardous substances or conditions, the presence of solid, liquid or gaseous pollutants or other contaminants of any kind on the Site. Client acknowledges that it shall remain fully liable and bear all costs related thereto. 6.3 In addition to the foregoing, Service Provider shall not be liable for (i) any defect or delay caused by Client or any third party (including, without limitation, delays in obtaining permits, licenses or authorizations); (ii) defects in any equipment supplied or designed by Client or a third party; (iii) any acts of Client, its employees and/or representatives, or that of others; (iv) any inaccuracy or error in the information or data provided or designed by Client or a third party; (v) damages to hardware (equipment, computers, software, etc.) provided by Client or a third party; (vi) underground structures identified or installed (or not) by Client or a third party; (vii) delays caused by any event beyond Service Provider's reasonable control; (viii) any Project decisions made by Client without Service Provider's prior consent; (ix) the distribution of documents or reports prepared by or on behalf of Service Provider for the exclusive use of Client (and Client undertakes to indemnify and hold Service Provider harmless from any liability with respect thereto); (x) an inaccurate estimate of costs and expenses, where such inaccuracy results from (a) the Project being constructed in more than one phase and/or more than one contractor; or (b) delays in transportation and/or financial difficulties of a major supplier or subcontractor retained by Service Provider; (xi) the choice of work methods, techniques, procedures, protocols and sequences, site supervision and safety and security precautions and programs; and (xii) the Project not achieving requirements of rating systems including, but not limited to, LEED®, Built Green", or Green Globes®. 6.4 Service Provider's maximum liability under the Proposal and these T&Cs shall not exceed the total amount of fees paid by Client to Service Provider hereunder. For the purposes of this paragraph 6.4, "Service Provider" shall be deemed to include Service Provider and its representatives, consultants, subcontractors, directors, officers, employees and affiliates. 6,.5 To the extent permitted by applicable law, Service Provider shall in no event be liable for any special, consequential, indirect, moral or punitive damages relating to the Proposal, these T&Cs or the Services rendered in connection therewith, despite the fact that Service Provider may have been informed of the possibility of such damages. This may include, but shall in no event be limited to, loss of use, income, or profits, increased construction costs, as well as any costs necessary for the reconstruction or repair. 63 Client undertakes to indemnify and hold Service Provider harmless for any loss or damage arising out of Client's breach of these T&Cs, or from the acts, omissions or negligence of Client, its employees, representatives, contractors or consultants. clause 7 Insurance 7.1 Service Provider undertakes to procure and maintain adequate insurance coverage (civil and professional liability) appropriate for the Services throughout the term of the Proposal. If all or part of the Services are to be performed on Client or a third party's property, Client shall indemnify and hold Service Provider harmless against any claims relating to property damage, except where such damage results from Service Provider's gross negligence or willful misconduct. Client shall also cause Service Provider to be designated as an additional insured on its insurance policies and have its insurers waive their right of subrogation. 72 Service Provider represents that it is an employer in good standing regarding the requirements of the relevant health and safety regulations. Dlause d Suspension / Termination 8.1 Either party may terminate the Proposal for convenience by giving the other party at least 30 days' prior written notice. If the Proposal is terminated by Client, Service Provider shall be entitled to the payment of all the Services rendered up to the date of such termination, as well as any and all costs associated with this early termination of the Proposal, including, without limitation, reasonable demobilization costs and any third party penalties or charges. 8.2 If either party is in breach of any of its material obligations under the Proposal or these T&Cs, the other party may give notice in writing of the breach to the defaulting party and request the latter to remedy it. If the defaulting party fails to remedy the breach within 10 days (or any longer period mutually agreed upon by the parties, such period not to exceed 30 days) after the date of delivery of such written notice, the Proposal shall be terminated upon the expiry of the cure period. If the Proposal is terminated as a result of Client's breach of its obligations, Service Provider shall be entitled to the payment of any and all costs associated with this early termination of the Proposal, including, without limitation, * * err MOVE sra reasonable demobilization costs and any third party penalties or charges, in addition to the payment of all the Services rendered up to the date of such termination. Without limiting any of its other rights or remedies, Service Provider shall be entitled to suspend the performance of the Services upon written notice to Client if the Client fails to make any payment due hereunder and has failed to cure such default within 10 days from its receipt of a non-payment notice. If the Services are suspended, Service Provider shall have the right to immediately assign its personnel to other projects without further notice to Client. The impact of any such suspension and remobilization shall be reflected in a Change in accordance with section 3.2 and shall be borne entirely by Client. Clause t9 Intellectual Property Rights 9.1 Provided that it has paid any fees due to Service Provider hereunder, Client shall be entitled to a perpetual, non- exclusive and non -transferable (without sub -license rights) license in all plans, specifications, diagrams, reports and other documents (collectively referred to as the "Documentation") prepared by Service Provider for its use in the Project. For greater clarity, Service Provider is and shall remain the sole owner of the Documentation. Client may not modify, use, or otherwise permit the use of the Documentation for any other project, or for additional work related to the Project, without Service Provider's prior written consent. Any such request made by Client shall be subject to Service Provider being remunerated according to its rates in effect at the time of such request for consent. Service Provider is hereby released from any liability if the Documentation is used for purposes other than the Project, or if the Documentation is modified, in any way, or cited out of its context, without Service Provider's prior written consent. Client undertakes to defend and hold Service Provider harmless against any claims, damages or costs (including extrajudicial fees) resulting from the unauthorized use of said Documentation. 9.2 Service Provider shall be the sole owner of any discovery, invention and/or design, whether or not patentable or subject to copyright, developed in the course or in connection with the Project (collectively, the "Intellectual Property Rights"). Client hereby waives and assigns in favor of Service Provider all of its rights, including moral rights, if any, to which it may be entitled in or on the proceeds of the Services and further agrees to sign, or cause to be signed, all the documents required to enable Service Provider to confirm its Intellectual Property Rights. Without limiting the generality of the foregoing, Client acknowledges and agrees that any tax credit or tax incentive available to it as a result of activities which constitute "scientific research and experimental development" shall be for the sole benefit and claimed exclusively by Service Provider. Clause 10 Confidentiality 10.1 All drawings, specifications, technical data, Documentation, Data and other information (including personal information, if any) provided by Service Provider to Client in connection with the Project are confidential ("Confidential Information"), shall remain the property of Service Provider and may not be copied or otherwise reproduced or used in any way except in connection with the Project. Client shall comply with all applicable laws respecting the protection of personal information, including, without limitation, the Personal Information Protection andE/ectronicDocumentsAct(Canada). Notwithstanding the foregoing, the following information shall not be considered Confidential Information for the purpose of the Proposal and these T&Cs: (i) information known to the public other than through a breach of these T&Cs by Client; (ii) information developed by Client irrespective of its obligations hereunder; and (iii) information acquired by Client from a third party, except through the breach of a confidentiality or other similar agreement entered into between said third party and Service Provider. Clause 11 Non -Solicitation 11.1 Throughout the term of the Proposal and for a period of twelve (12) months thereafter, Client undertakes not to solicit, incite, recruit or otherwise encourage an employee of Service Provider to terminate its employment with Service Provider, whether directly or indirectly, alone or through others and for its own benefit or that of another person or entity. Notwithstanding the foregoing, Client shall not be prohibited from recruiting an employee of Service Provider who submits an application in response to a job posting that is not specifically directed to Service Provider and its employees. Client acknowledges and agrees that its failure to comply with this covenant shall result in it having to pay Service Provider an amount equal to twelve (12) months of full-time billing of this person at the rates in effect at the time of such illegal solicitation. In addition to the above, Service Provider also reserves any other rights and remedies it may have under applicable law, including injunctive relief. Clause- 12 General Provisions 12.1 Service Provider reserves the right to subcontract all or any portion of the Services. Service Provider makes no representation or warranty, express or implied, with respect to the Services or the Deliverables other than as explicitly set forth herein. 12.2 Client shall not assign or transfer any of its interests or obligations under the Proposal or these T&Cs without Service Provider's prior written consent. 12.3 Service Provider and Client are independent contractors and nothing herein shall be construed as creating an employee or agency relationship, franchise, joint venture or partnership of any nature whatsoever between Service Provider and Client. 1 A The Proposal and these T&Cs shall be governed and interpreted in accordance with laws applicable in the jurisdiction in which the Project is located. Service Provider reserves the right to broadcast any promotional communications (press releases, traditional and web advertising, brochures, project sheets, social media, etc.) relating to the Services, unless Client has expressly stated its disagreement in writing * � * err .• * *ra �..��:_, � e *:�, E191,11, RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Director, Engineering Services DATE: December 6, 2023 SUBJECT: Talbotville Bypass and Highway 3 Twinning — Public Information Centre 2 - Update THAT the report titled "Talbotville Bypass and Highway 3 Twinning — Public Information Centre 2 — Update", be received and filed; and, THAT the list of comments identified in this report be sent to the Ministry of Transportation's Study Design Team for consideration and inclusion in their Transportation Environmental Study Report (TESR). INTRODUCTION: The Ontario Ministry of Transportation (MTO) is progressing with its Preliminary Design, Detailed Design and Class Environmental Assessment (Class EA) for improvements to Highway 3 from Highway 4 to Centennial Avenue. A second Public Information Centre (PIC) was held on November 22nd, 2023 and this report will summarize the information shared and recommend comments to be provided to the MTO. Additional information regarding the study can be found through the following link- http-//www.highway3elgin.ca/ BACKGROUND AND DISCUSSION: The MTO is planning improvements to the Highway #3 corridor between Highway #4 and Centennial Avenue. After the first PIC held on August 17, 2023, County Council submitted a list of comments regarding the project and design features. On November 21, 2023, staff received a response from the MTO's consultant (Stantec) that confirmed receipt and consideration of these comments (see response attached). Generally, Council's comments are either being considered or have been implemented into the preliminary design. Specifically, interchange design preferences have been incorporated into the preliminary design and other requested design features will be considered by the design team. Page 42 of 86 2 Vr noie, ine movement of agricultural equipment is being taken into consideration, however, agricultural equipment will remain prohibited from using Highway #3 and the proposed Talbotville Bypass for safety purposes. The posted speed limit along Highway #3 will be increased from 80km/h to 100km/h resulting from the divided highway cross section. PIC 2 was held on November 22nd with an agency only session in the afternoon followed by a public session held in the evening with 122 attendees from the public. Highlights from PIC 2 are as follows: The proposed Highway #3 cross section is proposing to utilize 2 different median width designs in order to reduce property impacts. Generally, the wider median (22.5 metre) is proposed west of Wellington Road to Highway #4 and the narrower (15 metre) median width is proposed from Wellington Road easterly to Centennial Avenue. These proposed design cross sections are shown below. Page 43 of 86 3 H aigimi rendering of the proposed roundabout at where the proposed Talbotville Bypass will connect to Highway #4 is shown below. A digital rendering of the proposed interchange of Ron McNeil Line/Wonderland Road is shown below which incorporates a cul-de-sac at Ford Road. Page 44 of 86 0 A digital rendering of the proposed interchange at Wellington Road is shown below. A digital rendering of the proposed twinning of the Kettle Creek Bridge shown below. Page 45 of 86 5 i ne preiiminary construction staging sequence has been developed over a five (5) year timeline, commencing as early as 2025 subject to funding and environmental approvals, and as follows: Year 1 — Highway 4 widening, Highway 4 Roundabout, Highway 3 Bypass and CNR overhead structure, Kettle Creek Bridge. Year 2 — Highway 3 Bypass, CNR overhead structure, Ron McNeil Line/Wonderland Road interchange ramps, Highway 3 twinning (east of Wellington Road). Year 3 — Ron McNeil Line/Wonderland Road interchange, Highway 3 twinning, First Ave. interchange. Year 4 — Highway 3 twinning, Year 5 — Highway 3 twinning, Wellington Road interchange. Wellington Road interchange. It is anticipated that the entire project will encompass a number of construction contracts and have fluctuating impacts to County roads which will serve as construction detours at times when necessary. Construction detour routes and sequencing will be developed throughout the design phases and with staff input. Long duration detours on County roads is not anticipated at this time. The MTO have requested to receive comments emanating from the information provided in PIC 2 by December 7, 2023. Staff recommends forwarding the following list of comments based on information provided to date for Council's consideration: 1. That construction detours utilizing County roads be minimized in duration where possible. 2. That all County roads considered to be utilized as construction detour routes have a formal assessments completed to determine their current state of repair and as a benchmark of condition prior to use as detour routes. 3. That County roads used as construction detour routes be restored to their pre - detour condition at project completion. 4. That cul-de-sacs be designed so that municipal service vehicles (i.e. plow trucks, garbage trucks) can turn around in one movement. 5. That traffic signalization be implemented at the intersection of Clinton Line and Highway #4 to facilitate the movement of agricultural equipment. The County will have another opportunity to comment in 2024 when the Transportation Environmental Study Report (TESR) is circulated for public comment. FINANCIAL IMPLICATIONS: None anticipated. ALIGNMENT WITH STRATEGIC PRIORITIES: Page 46 of 86 serving tigin 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. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. Additional Comments: None. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. A link to the MTO's project page that includes material presented during their public information sessions will be available on the County's website. CONCLUSION: The Ontario Ministry of Transportation (MTO) is progressing with its Preliminary Design, Detailed Design and Class Environmental Assessment (Class EA) for improvements to Highway 3 from Highway 4 to Centennial Avenue. A second Public Information Centre (PIC) was held on November 22nd, 2023 which showcased proposed cross section designs, interchange layouts and a preliminary 5-year construction staging sequence. Public comment is also requested at this point in the Class EA process and this report has provided comments for Council's consideration to be circulated to the MTO. All of which is Respectfully Submitted Peter Dutchak Director, Engineering Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 0 Page 47 of 86 From: Rohner, Paula To: Peter Dutchak; Jenna Fentie Cc: commentsC6hiahway3elain.ca; Piaycki, Deanna (MTOI; Welker. Kevin; Barg, Adam; Stefanie Heide Subject: Highway 3 Twinning, Highway 4 Widening and Proposed Talbotville Bypass - response to comments Date: November 21, 2023 9:27:13 AM Attachments: let 1308 elain county 20230914.odf eml 1308 Elain Countv 20230914.odf This email originated from outside of your organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Peter, Jenna, Thank you for taking the time to provide comments on behalf of Elgin County. The Project Team has noted the County's preferred intersection/interchange alternatives and associated comments, as well as your preference for the installation of a Highway 3 median barrier. Your feedback was taken into consideration during the evaluation of alternative design concepts. The County's recommendations for additional improvements in the Study Area have also been noted by the Project Team, including signalization of the Wellington Road and McBain Line intersection, replacement of municipal infrastructure, and adding additional access points on Wellington Road. The Project Team will consider these recommendations as the study progresses; however, some of these improvements are beyond the scope of work for this study. In addition, the County's recommendations to consider widening Wonderland Road, consider the movement of agricultural equipment, include interchange illumination, install noise barriers, and expand the traffic study area have been noted by the Project Team. Please note that the widening of Wonderland Road northward to Highway 401 is beyond the scope of this assignment. Interchange illumination requirements will be assessed and included by the project team as the study progresses. As part of this study, noise and traffic assessments are being undertaken, and mitigation measures will be implemented where required and feasible. The Project Team is also taking the movement of agricultural equipment into consideration while designing the improvements; however, agricultural equipment will be prohibited from using both Highway 3 and the proposed Talbotville Bypass for safety purposes. Lastly, it is anticipated that the existing transportation network within the Study Area, including roads, highways, bridges, and associated infrastructure, will remain under the jurisdiction of the parties that currently own and maintain them. Should this change, members from the Project Team and/or MTO staff will be in contact with the affected municipalities. We appreciate you taking the time to provide your comments and anticipate further dialogue with the County of Elgin throughout the course of this project. Regards, Paula MScPI, RPP, MCIP Senior Environmental Planner Direct: 519 675-6666 Mobile: 226 926-6682 a,u,Ia,,;,Hoh,nerlstan,tec,;,go,m Stantec 400 — 1305 Riverbend Road Page 48 of 86 London, ON NISK OJ5 The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. Page 49 of 86 E191,11, RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Nicholas Loeb, Director of Legal Services DATE: December 6, 2023 SUBJECT: Parts III & IX POA Interim Transfer Agreement Extension THAT Council of the County of Elgin receive and file the report entitled "Parts III & IX POA Interim Transfer Agreement Extension" dated December 6, 2023 for information; THAT Council of the County of Elgin authorize the Warden and CAO/Clerk to execute the Parts III and IX Provincial Offences Act Interim Transfer Agreement Extension; INTRODUCTION: This report recommends that Council authorize an extension of the Parts III and IX POA Interim Transfer Agreement, extending the transfer of responsibility for Parts III and IX prosecutions to January 3, 2026. BACKGROUND AND DISCUSSION: The Province of Ontario has adopted a phased approach to mandating the delivery of Parts III and Part IX POA prosecutions to local municipalities. Historically, such prosecutions were handled by Crown and Assistant Crown attorneys. The County of Elgin was one of the initial POA Court jurisdiction areas to take on the responsibility for Part III and IX POA prosecutions. This was achieved by execution of the original transfer agreement in December of 2021. The prosecutions that are the subject matter of this transfer agreement are generally more serious offences than routine Highway Traffic Act matters. The County has experienced success with this program. This is in part based on its personnel and in part based on the structure of its prosecutions. The County employs a full-time prosecutor with the skills and expertise to conduct these prosecutions. When the `download' of Part III and Part IX files occurred, it was possible to absorb the volume within the County's capacity. Structurally, because the prosecutor is full-time, there is no increased cost for per diem fees. The volume of files thus far has not necessitated the provision of additional prosecution resources. Indeed, the County actually receives a decrease in total prosecutorial fees because it is no longer subject to the deduction held Page 50 of 86 2 DacK Dy ine Ministry of the Attorney General on fine revenue associated with the per diem rate of the Crown attorneys when they had been previously conducting this work. The reason for the extension agreement is that the Province of Ontario originally initiated this process as a two-year pilot project that is now at the point of expiring. The Province is now forward with this program with municipalities across Ontario. The extension is sought to continue the program in Elgin County. The Province is authorized pursuant to the Provincial Offences Act to transfer these prosecutions to municipalities. FINANCIAL IMPLICATIONS: The extension of the Agreement is status quo for County operations. There are no financial implications expected. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Additional Comments: Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The Director of Legal Services will communicate the extension to the Ministry of the Attorney General. Page 51 of 86 County administration recommends the extension of the Parts III & IX Interim Transfer Agreement Extension. All of which is Respectfully Submitted Nicholas Loeb Director of Legal Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 3 Page 52 of 86 AMENDING AGREEMENT NO.1 THIS AMENDING AGREEMENT NO.1 ("Amending Agreement") is made on the day of , 2023 among HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL (the "Attorney General") and CORPORATION OF THE COUNTY OF ELGIN (the "Municipal Partner"). RECITALS A. The parties have entered into the Parts III and IX of Provincial Offences Act (Ontario) Interim Transfer Agreement, dated December 3, 2021(the "Agreement"). B. The parties agree that terms used in this Amending Agreement which are defined in the Agreement have, unless otherwise set forth in this Amending Agreement, the respective meanings specified in the Agreement. C. The parties wish to amend the Agreement as provided herein. FOR VALUE RECEIVED, the parties agree as follows: 1. All references to the name "Her Majesty the Queen" in the Agreement shall be deleted and replaced with the name "His Majesty the King". 2. The term "two (2) years from the Effective Date" in the definition of "Expiry Date" in Section 1.1(f) of the Agreement shall be deleted and replaced with the date "January 3, 2026". 3. Section 7.1(a) of the Agreement shall be deleted in its entirety and replaced with the following: "(a) To the Attorney General: Ministry of the Attorney General Criminal Law Division 720 Bay St., 91h Floor Toronto, ON M7A 2S9 Attention: Majid Juma, Director, Strategic Operations and Management Centre (SOMC) Telephone: 647-298-5776 E-mail: majid.juma@ontario.ca" 4. Section 7.1(b) of the Agreement shall be deleted in its entirety and replaced with the following: "(b) Corporation of the County of Elgin 450 Sunset Drive, Suite 303, Page 53 of 86 St. Thomas, Ontario N5R 5V1 Attention: Nicholas Loeb, Director of Legal Services Telephone No.: (519) 631-1460 ext. 108 Email: nloeb(r&ELGIN.ca" 5. All other terms and conditions of the Agreement remain in full force and effect. Effective the date hereof, this Amending Agreement and the Agreement shall be read together as one (1) agreement. 6. This Amending Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one (1) agreement. Delivery by facsimile transmission or electronic mail of a counterpart of this Amending Agreement signed by a party shall be as effective as a manual delivery by such party of an original signed counterpart of this Amending Agreement. 7. This Amending Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. [The remainder of this page is intentionally left blank; Signature page to follow.] Page 54 of 86 IN WITNESS HEREOF each of the parties hereto has caused this Amending Agreement to be executed as of the date first written above. HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL Randy Schwartz Assistant Deputy Attorney General Criminal Law Division CORPORATION OF THE COUNTY OF ELGIN Warden Don Shropshire Chief Administrative Officer FWe have authority to bind the corporation. Page 55 of 86 REPORT TO COUNTY COUNCIL lio, FROM: Nicholas Loeb, Director of Legal Services DATE: December 6, 2023 w1 1 . PrOgressiv'e by Nature SUBJECT: Elgin / Re -Public Urbanism Agreement 2024 — Single Source RECOMMENDATIONS: THAT Council of the County of Elgin receive and file the report entitled "Elgin / Re -Public Urbanism Agreement 2024 — Single Source" for information; THAT Council of the County of Elgin authorize the Warden and CAO/Clerk to execute an agreement for planning services between Elgin County and 10042986 Canada Inc. o/a Re -Public Urbanism for 2024; INTRODUCTION: This report recommends that Council enter into an agreement with a planning consultant for the delivery of planning services for 2024. The recommendation is for a single source procurement pursuant to the County's Procurement By-law 20-07. BACKGROUND AND DISCUSSION: 10042986 Canada Inc. o/a Re -Public Urbansim (hereafter, "Re -Public Urbanism") has been delivering planning services to the County of Elgin since the beginning of 2022. Initially, the services provided by Re -Public Urbanism were limited in scope as the City of St. Thomas Planning Office was assisting the Land Division Committee in processing severance consent applications. At the May 24, 2022, meeting of County Council, an expanded scope of services was authorized such that Re -Public Urbanism was authorized to move forward with the County Official Plan as well as delivery of all planning services related to the approval authority function of the County. In June of 2022, internal staff took over the functioning of the Land Division Committee through the hiring of a permanent Secretary — Treasurer / Planning Technician. The amended agreement authorized by Council in May of 2022 provided for an extension of services through calendar year 2023 at the County's discretion and that option was exercised. Through the consideration of its budget approval for 2024, County administration is presenting Council with different options for the delivery of planning services going Page 56 of 86 2 rorwara. Kegardless of which path County Council chooses through its budget considerations, staff strongly recommend that a new agreement be entered into with Re -Public Urbanism for continued delivery of services as there will either be (i) a need for full service delivery continuity or (ii) a need for a transition of services to potential future County staff. There is no minimum volume of work or exclusivity provision(s) in the Agreement. As a result, the Agreement contemplates scenarios of both a high volume of planning services or a decreasing volume if internal resources are increased. The recommendation is presented as a single source procurement. The County's procurement policies provide that a single -source award can be made subject to meeting at least one of the criteria set out at 4.7(c). Those criteria include: iii. There is a need for compatibility with goods and/or services previously acquired or the required goods and/or services will be additional to similar goods and/or services being supplied under an existing contract (i.e. contract extension or renewal); The Director of Legal services advises that this criteria is met. Re -Public Urbanism is currently delivering County planning services and has detailed knowledge of all ongoing County files and, significantly, the County expects that the Official Plan project will be wrapped up early in the new year. Importantly, County staff make this recommendation on the basis that it has been completely satisfied with the delivery of planning services to date. Changing providers at this time would create a significant cost inefficiency in the transition of files as well as project delays. The rate per hour of work for 2023 was $150.00. Re -Public Urbanism is increasing its rates to $160/hr (exclusive of HST) for 2024. The precise value of the contract is not known because of the above -noted variable in the level of internal planning resources for 2024. That said, the value is likely to be above $50,000.00, which requires Council approval for a single source procurement. FINANCIAL IMPLICATIONS: The 2024 Agreement contemplates a modest increase in hourly fees from $150.00/hr to $160/hr. The increase in hourly rate is accounted for in the preliminary budget figures presented to Council for its 2024 budget year consideration. Page 57 of 86 ALIUNiwtN I 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. 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. A continuation of Re -Public Urbanism's services is not expected to have any LMP impact. COMMUNICATION REQUIREMENTS: If approved, the Director of Legal Services will ensure that all stakeholders are aware of the continuity of service delivery. CONCLUSION: County administration recommends that a single -source procurement for planning services for the 2024 year be approved and that Council authorize the Warden and CAO/Clerk to execute the necessary agreement to give effect to the services. All of which is Respectfully Submitted Nicholas Loeb Director of Legal Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 3 Page 58 of 86 Page 1 of 7 THIS AGREEMENT, effective January 1, 2024. BETWEEN: Corporation of the County of Elgin (hereinafter referred to as "Elgin") and 10042986 Canada Inc., carrying on business as "Re: Public Urbanism" (hereinafter referred to as the "Consultant") WHEREAS: 1. Elgin from time to time requires certain on -demand planning services with regard to carrying out its obligations under the Planning Act, RSO 1990, c. P. 13, as amended or replaced (the "Planning Act'). 2. The Consultant is prepared to provide planning services to Elgin. 3. The Consultant, including both its employed professional planners and support staff, possess the requisite skill, experience and knowledge necessary to carry out the planning services required; 4. Elgin has authorized the execution of this agreement in conformance with its procurement policies and by-laws in effect from time to time; 5. The parties wish to formalize their contractual relationship through this Agreement. IN CONSIDERATION of the mutual covenants and other terms and conditions hereinafter contained, the parties hereby covenant, promise and agree each with the other as follows: Definitions 1. In this Agreement, a) "Consultant" means 10042986 Canada Inc., carrying on business as "Re: Public Urbanism"; b) "Director" means the person having responsibility over the planning operations of the County of Elgin; c) "Elgin" means the Corporation of the County of Elgin; Page 59 of 86 Page 2 of 7 d) "Elgin CAO" means the person holding the position of Chief Administrative Officer of Elgin; e) "Elgin Council" means the Municipal Council of Elgin; f) "Services" means the registered professional planner services to be provided by the Consultant pursuant to this Agreement and as specified in clause 5 of this Agreement. General 2. Elgin is a municipal corporation governed by Warden and Council and operated on a day-to-day basis by administration, who is hereby authorized to administer this Agreement save for those areas specifically limited herein. 3. The Consultant is an interprovincial corporation established and governed pursuant to the laws of the Dominion of Canada with head office in the City of Montreal in the Province of Quebec and, at all material times, carried on business as a planning consultant within, amongst other places, the Province of Ontario. 4. The Schedules attached hereto are incorporated into and form part of this Agreement. Services of the Consultant 5. The Consultant agrees to perform the planning services described in Schedule "A" to this Agreement upon request from the Director or CAO. The Services shall be provided in a timely manner, having regard to any time limitations and/or notice periods required by the Planning Act or any Elgin By -Law. Fees and Disbursements 6. Elgin shall pay to the Consultant for its Services the rate of $160/hr, exclusive of HST, for the Services. Pre -approved, reasonable disbursements incurred in the delivery of the Services shall be paid by Elgin and submitted on the invoices described in section 7. 7. Payments under this Agreement will be made only after this Agreement has been duly executed by both parties and the Services have been rendered to the satisfaction of Elgin. The Consultant shall provide detailed accounts for the Services on a monthly basis. If requested by the CAO, the Consultant will make available to Elgin such accounts, records, receipts, vouchers and documents for the purpose of substantiating its billings. 8. The monthly invoices as referenced in section 7 above shall apply to services rendered by the Consultant during the course of the previous calendar month. Save and except for any element of any such invoice in dispute, Elgin shall pay each such monthly invoice within 30 days of receipt of such invoice. Consultant's Covenants 9. The Consultant hereby covenants as follows: Page 60 of 86 Page 3 of 7 a) to comply with all applicable laws, legislation, directives, rules and orders, whether International, Federal, Provincial, or local in providing the Services; b) to comply with the Workplace Safety and Insurance requirements (WSIA) and Human Rights policies; c) to obtain and keep current WSIB insurance; d) to ensure that the persons in their organizations who deal with members of the public or other third parties on behalf of Elgin or who participate in developing Elgin's policies, practices and procedures governing the provision of goods and services to members of the public or other third parties receive training about the provision of goods or services to persons with disabilities as required by the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended; e) to supply at its sole cost and expense all staff, equipment, accommodations and technical assistance necessary to perform the Services and assume all overhead expenses in connection with the Services; f) that, in addition to complying with all applicable legislation, regulations, directions and orders of any regulatory body, the Consultant covenants to comply with all policies of Elgin applicable to consultants and contractors, which may include particular policies with regard to COVID-19 saftey. Where there is any conflict between applicable legislation, regulation, directions and orders, the Consultant agrees to adhere to the highest standard established. In addition, the Consultant agrees to review and execute any documents reasonably required by Elgin in relation to its policies, including but not limited to acknowledgment agreements regarding the polices; g) that Elgin shall be permitted to monitor the Services in such ways as the Elgin CAO, or his or her designate, may determine; and h) to co-operate with the Elgin CAO, or his or her designate, and to do all things necessary to enable the Elgin CAO to evaluate the Services as required. Consultant's Representations 10. The Consultant hereby represents as follows: a) that it will not render Services that intentionally create a conflict of interest between Elgin and Consultant and/or any Third Party or any combination thereof; b) that where a conflict of interest is foreseeable in the provision of Services, it will identify the potential conflict as soon as practicable to the Director and the Elgin CAO; c) that it understands that it must obtain its own financial, legal or other professional advice regarding the Services, and this Agreement, and that it has had the opportunity to do so; d) that it will refrain from contacting members of Council, members of the Land Division Committee, or the Warden without written approval from the Elgin CAO, or his or her delegate; provided that Elgin acknowledges and agrees that the foregoing representation shall not be violated if and when, without invitation or initiation on its part, the Consultant is contacted by any such member of Council, member of the Land Division Committee, or Warden, in which circumstances the Page 61 of 86 Page 4 of 7 Consultant shall not engage with such person and shall seek direction from the Elgin CAO. e) that it will refrain from discussing the Services via the media or any social media services without written approval from the Elgin CAO, or his or her delegate, provided that the Consultant shall be entitled to mention the project and the Services provided as proof of the Consultant's experience with this type of work; and, f) without limiting the specificity of any representation set forth above, the Consultant acknowledges and agrees that, in addition to its covenants herein and in rendering the Services contemplated by this Agreement, its conduct shall at all times also be governed by and in compliance with the provisions of the Code of Professional Conduct and Standards of Practice for the Ontario Planners Institute. Elgin Covenants 11. Elgin hereby covenants as follows: a) During the Term of this Agreement, Elgin agrees to furnish the Consultant with access to all files, documents, correspondence, plans, reports, and other documents within its possession that are required by the Consultant to perform the Services listed in Schedule "A" hereto; b) During the Term of this Agreement, Elgin agrees to furnish the Consultant with access to its digital mapping system to assist the Consultant in performance of the Services listed in Schedule "A" hereto; and, c) During the Term of this Agreement, Elgin agrees to identify and furnish the Consultant with all legislation, regulations, directions, protocols, and orders relevant to the conduct of any consultant or contractor to Elgin to ensure that the Consultant, and its employees, are aware of such obligations to Elgin. Elgin Acknowledgement 12. Elgin acknowledges that, a) the Consultant has advised that it is bound by the Code of Professional Conduct and Standards of Practice for the Ontario Planners Institute and that such document(s) is or are available for review at www.ontarioplanners.ca; and, b) the Consultant has advised that, in rendering the Services contemplated by this Agreement, it must abide by the professional obligations owed to the said Ontario Planners Institute Term and Termination 13. The term of this Agreement shall commence on January 1, 2024 and continue through to and including December 31, 2024, at which time it shall expire. 14. For convenience, Elgin or the Consultant may, in its sole discretion, terminate this Agreement by providing the other Party with ninety (90) days' written notice of termination. Page 62 of 86 Page 5 of 7 Municipal Termination 15. Notwithstanding the generality set forth in section 14 above, Elgin may immediately terminate the Agreement upon giving notice to the Consultant where: a) the Consultant breaches any provisions of this Agreement, including but not limited to poor performance by the Consultant in respect of the provision of Services as contemplated by this Agreement, the final determination of which is held by Elgin in its unfettered discretion; b) the Consultant is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Consultant's insolvency; c) the Consultant breaches any confidentiality or conflict of interest obligation set out in this Agreement; d) the Consultant, prior to or after executing the Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to Elgin; e) the Consultant undergoes a change in control which adversely affects the Consultant's ability to satisfy some or all of its obligations under this Agreement; f) The acts or omissions of the Consultant constitute a substantial failure of performance; or g) If the Consultant assigns this Agreement without consent of Elgin; and the above rights of termination are in addition to all other rights of termination available under this Agreement, at law, or as events of termination by operation of law. Indemnity 16. The Parties hereby agree that they will, from time to time, and at all times, well and truly save, keep harmless and fully indemnify the other party (the "Indemnified Party"), its successors and assigns, from and against all actions, claims and demands whatsoever which may be brought against or made upon the Indemnified Party and against all loss, liability, judgments, claims, costs, demands or expenses which the Indemnified Party may sustain, suffer or be put to: a) resulting from or arising out of any breach, violation or non-performance of any covenant, condition, agreement or other obligation in this Agreement to be fulfilled, kept, observed and performed by the indemnifying Party; and b) resulting or occasioned by any wrongful act, default, omission or negligence of the indemnifying Party and those for whom it is in law responsible, including but not limited to any damage to property and any injury to any person (including death); provided at all times that the said indemnity shall not exceed the limits of the policies of insurance referenced in sections 18 and 19 below. Page 63 of 86 Page 6 of 7 Insurance 17. During the Term of this Agreement, the Parties hereto shall each maintain a policy of Commercial General Liability insurance that shall: a) have a limit of liability of not less than Two Million Dollars ($2,000,000.00) inclusive for any occurrence; b) include damage caused by vehicles owned by the Party and used in conjunction with the work either within or outside the contract limits, and shall also have a limit of liability of not less than $2,000,000 inclusive for any one occurrence; and, c) be endorsed to include the other Party as additional insured. 18. In addition to the policy of Commercial General Liability insurance required by section 18 and during the Term of this Agreement, the Consultant shall also maintain Professional Liability/Errors and Omissions insurance of a limit of not less than Five Million Dollars ($5,000,000.00) inclusive for any occurrence, pursuant to which policy of insurance Elgin shall be added as additional insured. Limitations of Liability 19. The liability of the Consultant, including its employees, to Elgin in respect of services rendered pursuant to this Agreement shall not exceed the monetary limits of the policies of insurance referenced in sections 18 and 19 above. 20. Save and except for a Third Party Claim against the Consultant relative to Services rendered pursuant to the within Agreement, Elgin shall not initiate a claim against the Consultant, including its employees, in relation to the rendering of Services as contemplated by this Agreement more than two (2) years after such Services were completed or the within Agreement was terminated. Subcontractors 21. The Consultant will be solely responsible for the payment of any subcontractors employed, engaged or retained by it for the purpose of assisting it in the discharge of its obligations under this Agreement. The employment, engagement or retainer of any subcontractors and/or sub -consultants must have received prior written approval from Elgin. The Consultant shall co-ordinate the services of all subcontractors so employed, engaged or retained by it, and the Consultant shall be liable to Elgin for costs or damages arising from errors or omissions of the subcontractors, or any of them. Confidential Information 22. Upon termination or expiry of this Agreement, the Consultant shall return to Elgin all written or descriptive matter, including but not limited to drawings, prints, descriptions or other papers, documents or any other material maintained in any format, including digital format, which contains any confidential information whatsoever. 23. Subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 and any amendments thereto, and except as expressly provided in this clause, no confidential information shall be disclosed by the Consultant in any manner Page 64 of 86 Page 7 of 7 whatsoever without the approval in writing of the Director, and, without limiting the generality of the foregoing: a) the Consultant shall hold all confidential information obtained in trust and confidence for Elgin and shall not disclose any such confidential information, by publication or other means, to any person, company or other government agency nor use same for any other project other than for the benefit of Elgin as may be authorized by the Elgin CAO in writing; b) any request for such approval by the Elgin CAO shall specifically state the benefit to Elgin of the disclosure of the confidential information; c) any use of the confidential information shall be limited to the express purposes as set out in the approval of the Elgin CAO; and d) the Consultant shall not, at any time during or after the term of this Agreement, use any confidential information for the benefit of anyone other than Elgin. No Agency or Employment Relationship 24. The Consultant and Elgin agree that the Consultant, its servants, agents and employees shall under no circumstances be deemed agents or representatives of Elgin and except as Elgin may specifically authorize in writing, shall have no right to enter into any contracts or commitments in the name of or on behalf of Elgin or to bind Elgin in any respect whatsoever. Right of Audit 25. The Consultant shall furnish Elgin and its authorized representatives with all such information as it, or they, may from time -to -time require with reference to such accounts, records, receipts, vouchers, and other documents. The Consultant shall cause all such accounts, records, receipts, vouchers, and other documents to be preserved and kept available for audit and inspection at any reasonable time, and from time -to -time, until the expiration two (2) years from the date of termination of this Agreement or expiry of this Agreement, or until the expiration of such lesser or greater period of time as shall be approved in writing by Elgin. Right of Ownership and Use 26. From the date of termination or expiry of this Agreement, all information, negatives from original photography, computer software, data, material, sketches, plans, designs, notes, documents, memoranda, specifications or other paper writing gathered, assembled or prepared by the Consultant, its employees, officials, subcontractors or agents, for the purpose of this Agreement, (the "Material") shall become the sole property of Elgin including copyright with respect to all such Material. The Consultant represents and warrants to Elgin that it owns or shall own all copyright in the Material and no other person shall own any copyright in the Material. The Consultant does hereby transfer and assign and does hereby agree to transfer and assign and to sign all documents to give effect to such transfer and assignment to Elgin of all right, title and interest of the Consultant, including without limitation, all copyright in all the Material. The Consultant, its employees, officials, subconsultants and agents shall forthwith deliver to Elgin any or all of the aforesaid subject matter and Elgin may use Page 65 of 86 Page 8 of 7 any such Material for the purposes of the Services and for any other similar purpose as is deemed necessary by the Director. 27. The Consultant waives in whole and in part any and all moral rights arising under the Copyright Act, R.S.C. 1985, c. C-42 in the Material as against Elgin and anyone claiming rights of any such nature from or through Elgin. Further, the Consultant represents and warrants that its employees, officials, subconsultants and agents have waived or shall waive in whole and in part any and all moral rights arising under the Copyright Act in the Material as against all parties including but not limited to Elgin and anyone claiming rights of any such nature from or through Elgin. Force Majeure 28. The performance of the respective parties hereto or their respective obligations hereunder shall be subject to force majeure, including, but not limited to, insurrections, riots, wars and warlike operations, explosions, governmental acts, epidemics, strikes, fires, accidents, acts of any public enemy, or any similar occurrence beyond the reasonable control of the party affected. Any party temporarily excused from performance hereunder by any such circumstances shall use its best efforts to avoid, remove or cure such circumstances and shall resume performance with utmost dispatch when such circumstances are removed or cured. Any party claiming circumstances as an excuse for delay in performance shall give prompt notice in writing thereof to the other party. Notices 29. Any notification or written communication required by or contemplated under the terms of this Agreement shall be in writing and sent by Registered Mail, Return Receipt Requested and which shall be deemed to have been delivered five business days after the date of mailing. Addresses for such notices shall be: If to the Consultant: Re: Public Urbanism 6779 Rue Drolet, Montreal, QC 1-12S 2T1 If to Elgin: CAO caoel�in.ca 450 Sunset Drive, St. Thomas, ON N5R 5V1 Miscellaneous 30. The waiver of any provision hereof or the failure of any party hereto to enforce any right hereunder shall apply to that provision or right only and shall not be deemed to affect the validity of the remainder hereof. 31. No departure from or waiver of the terms of this Agreement shall be deemed to authorize any prior or subsequent departure or waiver and Elgin shall not be obligated to continue any departure or waiver or to permit any subsequent departure or waiver. Page 66 of 86 Page 9 of 7 32. This Agreement shall be constructed with all changes in number and gender as may be required by the context. Any titles used within this document are for reference purposes only and not an aid to interpretation. 33. All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants. 34. Whenever a statement or provision in this Agreement is followed by words denoting inclusion or example and then a list of or reference to specific items, such list or reference shall not be read so as to limit the generality of that statement or provision, even if words such as "without limiting the generality of the foregoing" do not precede such list or reference. 35. The parties agree that all covenants and conditions contained in this Agreement shall be severable, and that should any covenant or condition in the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 36. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. 37. This Agreement embodies the entire agreement between the parties with regard to the provision of deliverables and additional deliverables and supersedes any prior understanding or agreement, collateral, oral or otherwise with respect to the provision of the deliverables and additional deliverables, existing between the parties at the date of execution of the agreement. 38. This Agreement shall not be assignable by the Consultant without the prior written consent of Elgin, in its sole discretion. 39. This Agreement, executed in counterpart, may be exchanged by scanned or faxed copy. A combination of counterparts shall be deemed to be an original. 40. This Agreement shall enure to the benefit of, and be binding upon, the heirs, executors, administrators, successors and permitted assigns of the parties hereto. IN WITNESS WHEREOF, Elgin and the Consultant have respectively executed and delivered this Agreement on the date set out above. Corporation of the County of Elgin Date , Warden Date Don Shropshire, Chief Administrative Officer Me have the authority to bind the Corporation. Page 67 of 86 Page 10 of 7 Date 10042986 Canada Inc., carrying on business As "Re: Public Urbanism" Paul Hicks, President / CEO I/We have authority to bind the Corporation. Page 68 of 86 SCHEDULE "A" SCOPE OF SERVICES PART A Services — Planning Applications Provision of as -needed / as requested professional planning services primarily related to the review and processing of Planning Act applications, including: a) Pre -consultation with applications and lower tier municipalities (by any medium including virtual or in person meetings or via email / telephone); b) The review and processing of planning applications for which the County is approval authority for including the management of the application review process, issues resolution, and the draft of required staff reports and decisions; c) The review of planning application for which the County is a commenting agency for including the drafting of comment letters and technical issues resolution with lower tier municipalities; d) Coordination and monitoring of the review of planning applications by the County's solicitor, engineering consultant, or other subconsultants, as and when required; and, e) Providing planning opinions to Council / Committees and preparation of necessary written report, by-laws or resolutions f) If at any time required by Elgin during the term of this Agreement, performance of the role and duties of the Secretary -Treasurer of the Land Division Committee for the County of Elgin and the processing of severance consent applications thereto 2. Provision of general planning advice and opinions on individual issues or matters as they may arise, and the completion of special projects / assignments as required. 3. Attendance at public hearings, Council meetings and other meeting on an as -needed basis. PART B Services — Official Plan 1. Implementing the work plan necessary to bring the official plan review to completion, including providing overall project management and planning resources to ensure that the review is dealt with in an efficient and professional manner in order to bring the review to adoption. 2. Liaising with the Province, the County's lower tier municipalities, conservation authorities having jurisdiction, and other regulatory stakeholders on overall project progress and to review resolve technical issues that pose a risk to timely project completion. Page 69 of 86 3. Meeting and corresponding with members of the public and community groups and organizations to answer inquiries regarding the official plan process and to accept and record submissions on the office plan review. 4. Reviewing the Growth Management studies undertaken by Hemson and providing professional expertise on the allocation of settlement area land inventories amongst the County's lower tier municipalities. 5. Reporting to and updating County Council on the status of the review and of important milestones and advancements. 6. Drafting and implementing the necessary Planning Act instruments necessary to give effect to the new Official Plan; 7. Coordinate the statutory circulation of the amendment and the adoption process with County Council, working with Provincial Staff to resolve any outstanding technical comments or issues and lobbying the Ministry for timely approval of the amendment. Page 70 of 86 Effective Date: January 1, 2024 CORPORATION OF THE COUNTY OF ELGIN and 10042986 Canada Inc., carrying on business as "Re: Public Urbanism" PLANNING SERVICES AGREEMENT 450 Sunset Drive St. Thomas, ON N5R 5V1 Page 71 of 86 REPORT TO COUNTY COUNCIL lio, FROM: Nicholas Loeb, Director of Legal Services DATE: December 6, 2023 w1 1 . PrOgressiv'e by Nature SUBJECT: Extension of Medavie EMS Services Agreement RECOMMENDATIONS: THAT Council receive and file the report entitled "Extension of Medavie EMS Services Agreement" dated December 6, 2023 for information; THAT Council authorize an extension of the Elgin County / Medavie EMS Elgin Ontario Incorporated agreement for Land Ambulance Services for a period of up to six (6) months, with the parties agreeing that adjustments retroactive to January 1, 2024 may occur subsequent to the completion of negotiations between the parties; THAT Council authorize the CAO/Clerk to execute extension(s) of any ambulance base lease or land ambulance vehicle lease as between Elgin and Medavie EMS Elgin Ontario Inc. that may be required to conform to the extension of land ambulance services; INTRODUCTION: This report recommends that Council authorize an extension of the in -force Land Ambulance Services Agreement with Medavie EMS Elgin Ontario Incorporated ("Medavie") for a period of up to six (6) months while the parties complete negotiations regarding a new, longer term contract. The parties each acknowledge that there may be adjustments that are required retroactive to January 1, 2024 upon a new agreement being formed. BACKGROUND AND DISCUSSION: The County of Elgin is responsible for the provision of Land Ambulance services within its geographic jurisdiction pursuant to the Land Ambulance Act. Medavie has provided land ambulance services for the County since January 1, 2014. The initial agreement was for a period of three (3) years. Council authorized extensions in 2017 and 2020 such that the current agreement expires on December 31, 2023. Page 72 of 86 2 i ne parties have been engaged in productive negotiations regarding a new contract for the past several months. Without predetermining an outcome, the parties are currently confident that an agreement will be reached, but that it will require time for final negotiations past December 31, 2024. As a result, in order to provide time for completing negotiations, administration recommends the extension of the existing contract for a period of up to six (6) months. This recommendation technically constitutes a single -source procurement in excess of $50,000.00. The County's procurement policy is set out in By -Law No. 20-07. That by- law sets out that single -source procurement may be authorized subject to meeting one of the criteria of section 4.7(c). Those criteria include: iii. There is a need for compatibility with goods and/or services previously acquired or the required goods and/or services will be additional to similar goods and/or services being supplied under an existing contract (i.e. contract extension or renewal) The extension recommended by staff to Council meets with this criterium. Land ambulance services are a mandated service delivery and Medavie is the current service delivery entity. The extension of the Agreement will maintain the current terms and conditions and it is anticipated that upon a agreement being formed there will be adjustments retroactive to January 1, 2024. The extension is, therefore, to ensure that the responsibility, obligations and protection of the parties that form part of the current agreement continue in force until such time that the County enters into a new agreement for land ambulance services. County administration also recommends that Council authorize the extension of any land ambulance base lease or land ambulance vehicle lease as between the County and Medavie that may be required to reflect the extension of land ambulance services. The County owns the land ambulances and leases them to Medavie for the delivery of its services. Leases entered into for new ambulances since 2021 automatically extend if the land ambulance services agreement extends. However, some of the older leases expire at the end of the term of existing land ambulance services agreement. County administration recommends that Council authorize the extension of the land ambulance vehicle leases so that the responsibility, obligations and protections of the parties remains in force and effect. Similarly, the land ambulance bases at Edward Street, Pioneer Line, Shaw Valley and Talbot Line have a fixed termination date in accordance with existing land ambulance services agreement. County administration recommends that Council authorize the extension of these leases for the same period as the land ambulance services agreement so that the responsibilities, obligations and protection of the parties remains in force and effect. Page 73 of 86 FINANCIAL IMPLICATIONS: Extension of the current agreement is accounted for within the 2024 budget proposed for County Council. It is anticipated that adjustments retroactive to January 1, 2024 will be necessary when the County enters into a new land ambulance agreement. The full financial analysis will be provided at the time that the new agreement is formed to account for all financial data from January 1, 2024 onward. 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: Staff will communicate the decision of Council to Medavie. 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. 3 Page 74 of 86 Le ► l� t�17_��� County administration recommends the authorization of an extension of the current land ambulance services agreement and associated leases as between Elgin County and Medavie for a period of up to six (6) months, to permit time for the County to enter into a new land ambulance service agreement. All of which is Respectfully Submitted Nicholas Loeb Director of Legal Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 0 Page 75 of 86 ELGIN GROUP POLICE SERVICES BOARD Municipality of Bayham I Municipality of Central Elgin I Municipality of Dutton Dunwich Municipality of West Elgin I Township of Malahide I Township of Southwold September 28, 2023 Lori -Ann Pizzolato Chair of the Board Thames Valley District School Board 1250 Dundas Street London, ON N5W 5P2 Dear Ms. Lori -Ann Pizzolato On behalf of the Elgin Group Police Services Board, I am writing to express our deep concern regarding the ongoing pause of the School Resource Officer (SRO) program in schools in the Thames Valley District School Board district. We would like to advocate for the return of police officers to these schools, while acknowledging the importance of building positive relationships with students and the need for adaptation to address the concerns raised during the pause. We understand that the TVDSB paused the SRO program in fall 2021 following a survey that found some students had negative experiences. While we respect the decision to review the program and address these concerns, it is crucial to recognize that the presence of police officers in our schools serves a vital role in ensuring the safety and well-being of our students, teachers, and staff. The SRO program was initially designed not only to educate students about important topics such as alcohol and drugs, but also to build positive relationships with our youth. This relationship -building aspect is critical in fostering trust between law enforcement and our students, as it helps students see police officers as approachable figures in the community who are there to support and protect them. In light of the recent increase in school violence, including assaults, weapon possession, and drug - related incidents, our schools require a visible law enforcement presence. Police officers are trained to respond to emergency situations, and their immediate availability can be crucial in ensuring the safety of our school community. I would like to emphasize that I believe the police officers in our schools are open to adapting their approach as necessary. It is essential to consider the recommendations arising from the ongoing review, such as addressing systemic racism, improving professional learning, increasing diversity among SROs, and using a trauma -informed approach. These recommendations demonstrate a commitment to better serving the diverse needs of our students. In conclusion, we urge you to consider carefully the value that the SRO program brings to TVDSB schools and the safety of our students. I believe that a collaborative effort between law enforcement, educators, Corporation of the County of Elgin c/o Elgin Group Police Services Board 4F%§p_n76 @fib St. Thomas, Ontario N5R 5V1 students, and parents can lead to a program that benefits everyone. Let us work together to ensure that our schools are safe, nurturing environments where our students can thrive. Thank you for your consideration and for your dedication to the well-being of our students and schools. I look forward to a constructive dialogue and a positive outcome that benefits our entire community. Sincerely, Dave Jenkins Chairman Elgin Group Police Services Board Cc: Rob Flack, MPP — Elgin -Middlesex -London Local Municipal Partners Elgin Group Police Services Board Page 77 of 86 w SEASON We would like to take this opportunity to thank all of our generous supporters and wish everyone a safe and happy holiday season. For the past 27 years, STESSH has documented highlights , and sent out paper copies to our valued supporters and readers. As the times are changing to a digital world, so are we. STESSH is excited to begin this new journey of offering an agency update each November in an online format. It's really important to us that we can continue to have contact with aU of our supporters, partners and community members. To assure this, please send us your email address through one of the following options: ft** You can CALL: (519) 637-2288 =01 You can EMAIL US: froffice.stessh@rogers.com You can enter your information on our WEBSITE: www.secondstagehousing.net You can send us a message on FACEBOOK: St. Thomas - Elgin Second Stage Housing =0 You can send us a message on INSTAG RAM: STESSH15 Phone: 519-637-2288 TollFree: 1-877-396-2288 FAX: 519-6,.7-2213 Email: secondstage.stessh@rogers.com Web: www.secondstVO9@u7iPgQ)eP6 United Way Elgin Middlesex 15 GOLDING PLACE, ST. THOMAS, ON N5R 6136 ®" Phone: 519-637-2288 TollFree: 1-877-396-2288 FAX: 519-63P-age 79 of 86 United Way Email: secondstage.stessh@rogers.corn Web: www.secondstagehousing.net Elgin Middlesex We had one very long-standing board member retire. It is important that we recognize this retiring member, Beverley Wright, who has been a member of our board since November 20, 1996. She became the Chair of the Board on September 26th, 2001. Beverly held the Chair position for 19 years, and she did so with an unbelievable commitment to our agency and the women we serve. She has touched the lives of so many board members, staff & volunteers during her time with us, and is leaving her impact on the work we do forever. Thank - you Beverly. The 1OOClub iSa planned giving initiative, which aims to get 100 individuals, families Or groups tocommit to making anannual donation of$12OVr more tOour agency. Itis the most convenient way to support us. The objective Dfthe 1OOClub |stOgenerate sustainable funding for our programs. Our hope istobeable tofocus less effort on fundraising and more on the programming vveoffer tothe women and children atour agency. VVewould like tothank all ofour 1OOClub donors for their continued support toour _ programs! Phone | Of86 Email: secondstage.stessh@rogers.com Web: www.secondstagehousing.net United Way Elgin Middlesex -$1,000+ 100 Club Members 100 Club Members Cont. Benefaction-AhenoandTenyCompbeU A.Lounsbury P.Poi Foundation A.M8eUS8 R.J8CkSOD A.Poi 5.BnJ8dbent A. Wright S.V8Oderkooy B.ADd[ewS S.VVe5t8way London Community Foundation B.B[aCk0an T.Phi[[ipS Elementary Teachers' Federation ofOntario B.Gnaharn K8.R8vvUnga B.K8ef8[ B.VVrighL C.FO[d Please note westrive for accuracy Janet Golding C.Keef8[ in listing donors; however, some AudryJean Langley C.Urnbrick errors may Q�CU�Please contact U5 E.Yo[k /fany errors Oromissions are William Edward Walker F. Edg8[ O/8tgC&SO( G. Clark Susan Huber (in memory ofShirley Broadbent) J &J Harris Receive our newsletter by email! Royal Canadian Legion 8ranch4IO J.AUdre»vs Email, J&JIrvine SecOnd3tage.3t83Sh@[Ug8[S.COmtO St. Anne's Catholic VVomon'sLeague J.J0DeS beadded tOour electronic J.UDvvin newsletter list and receive your copy Williams Funeral Home LTD K.HagH[03D iDyour iDhOX! DunwiohPastoral Charge "UCVV" K&CJoiiiffe Please help usreduce our cost and LStinchoOrnb8 paper usage! PresstranEmployee Payroll Deduction M. Barrie N1.Cheney To keep up to date ooSTESS�� °e�e��=�� PW.Keefer[;pU events and more, please follow ms Alan HodAert(In memory ofShirley Broadbent) M&JCollins on oWrFacebook page. S.Gi83b[8Cht httpS://wvvvv.faC8bOnh.COnn/3tSSSh15/ KriotaPayne (in memory ofShirley Broadbent) N.N8VVby 0[visit our VVebSit8: / P.y��VVrD�M | VVVVVV.S8�0��G����hQ�Si��.nG� NleUndaGraham Vnmemory ofShirley Broadbent) | | Kathryn McNeil please cut along the dotted line Enclosed is my gift of: $ - Onetime gift: — 100 Club: Paid by: El Cheque El Series of post dated cheques El Automatic Bank Charge Ist or 15th $ each month (enclose VOIDED cheque) El Mastercard E]Visa #: expiry date— (secure site) COUNTY OF ELGIN BY-LAW NO. 23-47 "BEING A BY-LAW TO APPOINT BLAINE PARKIN AS CHIEF ADMINISTRATIVE OFFICER/CLERK AND TO REPEAL BY-LAW NO. 23-25" WHEREAS pursuant to section 228(1) of the Municipal Act, 2001 S.O. 2001, c. 25, as amended (the Municipal Act, 2001), a municipality shall appoint a Clerk responsible for the statutory and other duties as are assigned; and, WHEREAS pursuant to section 229 of the Municipal Act, 2001 a municipality may appoint a Chief Administrative Officer who shall be responsible for exercising general control and management of the affairs of the municipality and for performing such other duties as are assigned; NOW THEREFORE the Council of the Corporation of the County of Elgin (the "County") enacts as follows: 1. THAT this By -Law No. 23-47 shall come into effect on January 2, 2024; 2. THAT Blaine Parkin is hereby appointed Chief Administrative Officer/Clerk of the County; 3. THAT the Chief Administrative Officer/Clerk shall be responsible only to the Council of the County, perform such duties as are lawfully prescribed and generally manage the business affairs of the County in a diligent, competent and lawful manner through Directors and/or Department Heads and others reporting to the Chief Administrative Officer/Clerk and subject always to the policies and directions of Council; 4. THAT more particularly, the Chief Administrative Officer/Clerk shall be responsible for the duties, responsibilities and obligations set out in the complete job description attached to this by-law as Schedule "A"; 5. THAT the Chief Administrative Officer/Clerk shall delegate appropriate duties and responsibilities to Directors and/or Department Heads within the approved organizational structure; 6. THAT the Chief Administrative Officer is authorized to designate in writing a temporary appointment of a senior employee, Director or Department Head to act in the absence of the Chief Administrative Officer from the offices of the County. Such appointment shall be communicated to the Warden and all Directors / Department Heads and shall specify such period for the temporary appointment; 7. THAT By -Law No. 23-25, Being a By -Law to Appoint Don Shropshire as Interim Chief Administrative Officer/Clerk and to Repeal By -Law No. 17-24" be repealed; 8. THAT until such time as the Chief Administrative Officer/Clerk exercises his authority and responsibility pursuant to section 5 of this By -Law No. 23-47, the delegation of duties and responsibilities to Directors and/or Department heads authorized pursuant to By -Law No. 23-25 shall remain in force and effect, notwithstanding section 7 of this By -Law No. 23-47; Page 82 of 86 READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6T" DAY OF DECEMBER, 2023. Don Shropshire, Chief Administrative Officer/Clerk. Warden. Page 83 of 86 Ir���r�arrarrrJl%����JJI �IJlJlll//�Ji ouNNW" .,. Progressive, Oy Nature Title: Chief Administrative Officer/Clerk Status: Full-time Department: Administrative Services Report To: County Council SUMMARY OF POSITION: County of Elgin Job Description Reporting to the Warden and Council, the Chief Administrative Officer/Clerk is responsible for the strategic leadership and efficient delivery of all the County's administrative and operational services. As the key advisor to Council, you will develop and implement operational plans and ensure the coordination of services which align with and support our strategic priorities. You will recommend innovative and fiscally sound policies, plans, and programs that benefit our member municipalities and County residents. You will work to promote growth and development in the County and ensure the effective utilization of resources while focusing on priorities established by Council. SUMMARY OF WORK PERFORMED: 1. Exercises all of the powers and duties of the position of Chief Administrative Officer and Clerk, as prescribed by the Statutes of Ontario, and as may be from time to time prescribed by the Council. 2. Maintains liaison with a wide variety of parties concerned with the operation of County government and co-ordinates relations between Council and staff on matters affecting the County as a whole. 3. Directs administration in the development and implementation of the County's plans, budget and policies, that are approved by County Council. 4. Consults with Council, Department Heads, Local Boards and Committees to assist in determining effective programs and ensuring efficient operation within approved plans, budgets and in compliance with applicable legislation. 5. Ensures that information and reports, requested by Committee/Council or which could be of assistance to Committee/Council, are obtained or prepared and submitted to the Committee/Council. 6. Refers sensitive or serious issues to Committee/Council and to recommend responses or solutions. 7. Responsible for the selection and performance management of all Department Heads, with such process being conducted in conjunction with the Director of Human Resources and in accordance with Council policy. Develops and implements, in conjunction with the Department Heads, long-term plans and objectives within the County; including recommending changes to the organizational structure to improve effectiveness and/or efficiency. 8. Custodian of all records and accounts of the Corporation required for public inspection, certifying copies when required by external agencies and giving evidence in Court when subpoenaed as Officer of the Corporation. 9. Acts as or delegates to another officer of the County, the statutory responsibilities of Clerk of the County. Page 84 of 86 10. Acts as the responsible person to the Committee of Management / Council for the operation of the County's Long -Term Care Homes. 11. Ensures that all required by-laws are prepared, approved and filed. 12. Serves as a principle contact and spokesperson for the County interacting with senior levels of government, local municipalities and other stakeholders. QUALIFICATIONS: 1. A University graduate degree or equivalent in Business/Municipal Administration and/or relevant education, experience, and training. 2. A.M.C.T. Designation is an asset. 3. Experience working directly with Council and involvement with staff supervision. 4. Strong and demonstrated interpersonal, analytical and communication skills. 5. At least 10 years of senior municipal experience preferred. 6. A valid driver's license and a dependable vehicle are required. Effective Date: January 2024 JD Code: AS-001 Page 85 of 86 COUNTY OF ELGIN By -Law No. 23-48 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE DECEMBER 5 & 6, 2023 MEETINGS" 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 these meetings 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 meetings held on December 5 and 6, 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 6T" DAY OF DECEMBER, 2023. Don Shropshire, Chief Administrative Officer/Clerk. Warden. Page 86 of 86