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11 - October 14, 2025 Committee of the Whole Agenda Package Elgin County Council Committee of the Whole Meeting Minutes September 23, 2025, 9:30 a.m. Council Chambers 450 Sunset Drive St. Thomas ON Members Present: Warden Grant Jones Deputy Warden Ed Ketchabaw Councillor Dominique Giguère Councillor Mark Widner Councillor Jack Couckuyt Councillor Andrew Sloan Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Staff Present: Blaine Parkin, Chief Administrative Officer/Clerk Nicholas Loeb, Director of Legal Services Peter Dutchak, Director of Engineering Services Mat Vaughan, Director of Planning and Development Holly Hurley, Director of People & Culture Andrew Parker, Manager of Roads and Asset Management Katherine Thompson, Manager of Administrative Services/Deputy Clerk Diana Morris, Senior Planner Jenna Fentie, Legislative Services Coordinator Stefanie Heide, Legislative Services Coordinator _____________________________________________________________________ 1. Meeting Call to Order The meeting was called to order at 11:28 a.m. with Warden Jones in the chair. 2. Approval of Agenda Resolution Number: CW25-66 Moved by: Councillor Noble Seconded by: Councillor Couckuyt RESOLVED THAT the agenda for the September 23, 2025 Committee of the Whole Meeting be approved as presented. Motion Carried. 3. Adoption of Minutes Resolution Number: CW25-67 Moved by: Councillor Sloan Seconded by: Councillor Giguère RESOLVED THAT the minutes of the meeting held on September 9, 2025 be adopted. 1 Motion Carried. 4. Disclosure of Pecuniary Interest and the General Nature Thereof None. 5. Members' Motions None. 6. Reports of Council, Staff or Outside Boards 6.1 Director of Engineering Services - Asset Management Overview - Phase 4 Asset Management Plan The Director of Engineering Services and a representative from Aspire Consulting provided a presentation providing an overview of Asset Management and reviewed the draft levels of service framework. The Director of Engineering Services noted that the Committee will receive a recommended list of levels of service metrics staff will use as part of the County's Asset Management Plan at the October 14, 2025 Committee of the Whole meeting. Resolution Number: CW25-68 Moved by: Deputy Warden Ketchabaw Seconded by: Councillor Couckuyt RESOLVED THAT the presentation titled "Asset Management Overview - Phase 4 Asset Management Plan" from the Director of Engineering Services and Aspire Consulting dated September 23, 2025 be received and filed. Motion Carried. 6.2 Director of Engineering Services - Ron McNeil Line (CR 52) and Dalewood Road (CR 31) Intersection Improvements and Signalization - Contract Award (Tender No. 2025-T37) The Director of Engineering Services presented the report recommending Council award the contract for the intersection improvements and signalization project at Ron McNeil Line (CR 52) and Dalewood Road (CR31) to KWS Electrical Services. Resolution Number: CW25-69 Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT KWS Electrical Services be selected to complete the Ron McNeil Line (CR 52) and Dalewood Road (CR 31) Intersection Improvements and Signalization project, Tender No. 2025-T37 at a total price of $1,123,009.01 inclusive of a $105,000 contingency allowance and exclusive of HST; and THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. Motion Carried. 6.3 Director of Engineering Services - Reduced Speed Zone By-Law Amendment Ron McNeil Line The Director of Engineering Services presented the report recommending that the Reduced Speed Zone By-Law No. 20-58 be amended to include a 70km/hr reduced speed zone on Ron McNeil Line near the intersection of Ron McNeil Line and Dalewood Road. 2 Resolution Number: CW25-70 Moved by: Councillor Sloan Seconded by: Councillor Leatham RESOLVED THAT the reduced speed zone By-Law No. 24-19 be amended to include a 70km/h reduced speed zone on Ron McNeil Line (County Road #52) from 175 metres west of Highbury Avenue to 430 metres west of Dalewood Road, for a total distance of 2,840 metres. Motion Carried. 6.4 Senior Planner - Official Plan Amendment No. 40 in the Municipality of Bayham The Senior Planner presented the report recommending that County Council approve Official Plan Amendment No. 40 to the Official Plan of the Municipality of Bayham. Denise Landry and Emily Stanley from Nethery Planning attended the meeting and provided comments on the application. Resolution Number: CW25-71 Moved by: Deputy Warden Ketchabaw Seconded by: Councillor Hentz RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 40 to the Official Plan of the Municipality of Bayham; and THAT staff be directed to provide Notice of this Decision in accordance with the requirements of the Planning Act. Motion Carried. 6.5 Senior Planner - Official Plan Amendment No. 41 in the Municipality of Bayham The Senior Planner presented the report recommending that County Council approve Official Plan Amendment No. 41 to the Official Plan of the Municipality of Bayham. Denise Landry and Emily Stanley from Nethery Planning attended the meeting to provide comments on the application. Resolution Number: CW25-72 Moved by: Councillor Giguère Seconded by: Councillor Noble RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 41 to the Official Plan of the Municipality of Bayham; and THAT staff be directed to provide Notice of this Decision in accordance with the requirements of the Planning Act. Motion Carried. 7. Adjournment Resolution Number: CW25-73 Moved by: Councillor Widner Seconded by: Councillor Sloan 3 RESOLVED THAT we do now adjourn at 12:15 p.m. to meet again on October 14, 2025 at 9:30 a.m. Motion Carried. Blaine Parkin, Grant Jones, Chief Administrative Officer/Clerk. Warden. 4 Report to County Council From: Peter Dutchak, Director of Engineering Services Date: October 14, 2025 Subject: Asset Management Plan - Levels of Service Recommendation(s): Asset Management Plan Levels of Servicethe Director of Engineering Services dated October 14, 2025 be received and filed; and Management Plan to guide asset investment planning decisions. Introduction: an Asset Management Overview and identified the next steps required to meet the as set out in O. Reg 588/17. This report continues to advance the presents Council with a proposed level of service (LOS) framework. This, combined with operational elements provides Council with a comprehensive data-driven decision making framework to assist in guiding investment considerations. Background and Discussion: Aspire Consulting was retained in March 2025 to combine and update previous AMPs completed in-house between 2022-2024. The assignment also includes the development of proposed levels of service (LOS) for various asset classes along with a corresponding asset management and financial strategies. A project update briefing The County of Elgin provides a number of services. Those service areas with assets are Transportation Stormwater Bridges and Culverts Fleet Wastewater (Elgin Manor WWTP) Information Technology Long Term Care (equipment) Levels of service have been developed for each of these asset categories as they relate to the performance of the physical asset so that their condition is maintained at a performance level that is expected by users, adheres to regulations, accommodates anticipated growth, are tangible and measurable. These established levels of service ultimately are intended to assist Council with investment planning and the 10-year Capital Expenditure Plan. The chart above illustrates that assets are owned and operated to support the services and service levels that Council desires and that the County provides. How those assets are managed can be evaluated by how the asset physically performs and how it supports services and ultimately, the user that depends on those services. These can be defined and referred to as Technical Focused and Customer Focused levels of service. The established performance targets for assets provide guidance to Council as they consider the level of investment and can also affect both the technical performance of the asset and the user experience. Staff has reviewed the Regulatory obligations of O. Reg. 588/17 as well as Asset Management Plans from LMPs and neighbouring municipalities to develop a list of draft LOS framework that are mandated and technically focused . example, adjustments to the level of service to the condition of roads directly affects the performance of the asset. Customer focused metrics can have direct impact on assets but not in all cases. For example, an increase in programing hours will impact annual business planning, however it may not have an impact to physical assets. At this time, the LOS metrics have focused on technically focused and mandated levels of service. Council can set additional LOS objectives at any time. Recommendations for continuous improvement, including frequency of LOS objectives review will be included in the final version of the AMP update. The development of the proposed levels of service activity coincides with a review and combining of the asset inventories developed in the 2022 (core assets) and 2024 (non- core assets) infrastructure is considered to be in fair or better condition with an overall replacement value of $1.5 billion. This update of the current state of infrastructure and the development of proposed levels of service objectives creates a baseline approach to inform the development of an asset management strategy. Lifecycle investment strategies will include recommended interventions (scope and timing) to support the performance of assets to the desired levels of service established. Next steps will be to finalize the asset management strategy and develop the resulting financial strategy to ensure assets are maintained at the desired levels of service. The financial strategy will approximate investment requirements for operations/maintenance work, capital work and account for anticipated growth. The final AMP update is scheduled to be completed by the end of 2025. Financial Implications: $1.5 billion (replacement value) worth of assets require ongoing investments investment strategy that maintains County assets at the proposed levels of service. Approximate valuations supported by an asset management strategy will be presented to Council at a future meeting. This investment strategy will be an integral input to a Long Range Financial Plan that will be developed. Combined with projected growth investment requirements as well as operational expenditures and revenues, the Long Range Financial Plan will provide Council with a comprehensive view of the financial condition of the County as well as the ability to adjust the path forward as they deem appropriate. Advancement of the Strategic Plan: Service Excellence and Efficiency and Sustainable Community Growth. Local Municipal Partner Impact: Proposed capital works that impact local infrastructure and services are shared annually with local staff in order to collaborate and coordinate efforts. Communication Requirements: Conclusion: All of which is Respectfully Submitted Approved for Submission Peter Dutchak Blaine Parkin Director of Engineering Services Chief Administrative Officer/Clerk Facilities, $214.3M, Information Fleet and Sanitary, $1.9M, 13%Technology, 3.2M, Equipment, 0.11% 0.19% $3.7M, 0.22% Library, $3.5M, 0% Stormwater, $69.2M, 4% Transportation, $1,370.6M, 83% FacilitiesFleet and EquipmentInformation TechnologyLibraryStormwaterTransportationSanitary Very Poor, $69.9M, Poor, $75.7M, 5% Unknown, $22.2M, 4% 1% Very Good, Fair, $166M, 10% $686.3M, 41% Good, $646.2M, 39% Very GoodGoodFairPoorVery PoorUnknown Rating 1 Rating 2 Rating 3 Rating 4 Rating 5 Assessment Factor Very Low Low Moderate High Very High Condition: Fair with Condition: Poor with Condition: Very poor/End of Condition: Excellent Condition: Good with minor noticeable deterioration significant deterioration life with imminent failure to very good deterioration noted requiring attention affecting functionality potential Asset Characteristics: Like Characteristics: Minor Characteristics: Moderat Characteristics: Significan Characteristics: Unsafe/non Condition new condition, no wear evident, fully e wear, some functionality t deterioration, reduced -functional, end of useful visible defects, functional, meets loss, performance below function, performance life, immediate replacement optimal performance, performance standards optimal concerns needed minimal wear Age Range: Within Age Range: 25-50% of Age Range: 50-75% of Age Range: 75-90% of Age Range: >90% or beyond first 25% of design life design life design life design life design life Lifecycle Status: 0- Lifecycle Status: 21-40% of Lifecycle Status: 41-60% Lifecycle Status: 61-80% Lifecycle Status: >80% of 20% of expected expected service life of expected service life of expected service life expected service life service life Asset Age Typical Typical Condition: Aging Condition: New to Typical Condition: Good Typical Condition: Mid-Typical Condition: End of infrastructure, excellent condition, condition, routine life, increased life, replacement planning rehabilitation planning minimal deterioration maintenance period maintenance needs required needed expected Failure Failure Rate: No Failure Rate: Rare, isolated Failure Rate: Occasional Failure Rate: Frequent Failure Rate: Chronic Frequency recent failures incidents recurring issues maintenance issues reliability problems Rating 1 Rating 2 Rating 3 Rating 4 Rating 5 Assessment Factor Very Low Low Moderate High Very High Characteristics: No Characteristics: Occasiona Characteristics: Regular Characteristics: High Characteristics: Continuous maintenance l minor maintenance, maintenance maintenance frequency, maintenance needs, very incidents, reliable isolated work orders, requirements, moderate frequent work orders, high work order frequency, performance history, generally reliable work order frequency reliability concerns poor reliability minimal work orders Performance Performance Performance Performance Status: Minor Performance Status: Major Status: No Status: Some Status: Significant performance concerns performance concerns performance performance concerns performance concerns observed observed concerns observed observed observed Characteristics: Asse Performanc t performs effectively Characteristics: Asset e Level Characteristics: Service Characteristics: Service Characteristics: Asset fails and efficiently, struggles to provide meets intended use with generally meets intended to provide intended service, meets/exceeds intended service level, minor deviations from use with moderate major performance design specifications significant performance optimal performance performance degradation deterioration and performance deterioration standards Rating 1 Rating 2 Rating 3 Rating 4 Rating 5 Impact Dimension Negligible Low Moderate High Very High Duration: <4 hours Duration: 4-24 hours Duration: 1-7 days Duration: 1-2 weeks Duration: >2 weeks Customers: 25-100 Customers: 101-500 Customers: 501-2,000 Customers: >2,000 Customers: <25 affected affected affected affected affected Characteristics: Minimal Characteristics: Extended Characteristics: Short-Characteristics: Long-term Service service disruption, disruption, district-level Characteristics: Extended term localized disruption, city-wide Impact alternative service impacts. Limited outage, catastrophic disruption. Partial impacts. No redundancy or available. No critical redundancy or ability to system failure. Service redundancy or ability to ability to bypass. Service customers impacted. bypass. Service outage to outage to >3 major critical bypass. Affects local outage to 2-3 major critical Full service redundancy 1 major OR 2-3 minor facilities. area only. facilities. available. critical facilities. Rating 1 Rating 2 Rating 3 Rating 4 Rating 5 Impact Dimension Negligible Low Moderate High Very High Direct Costs: $30,000-Direct Costs: $75,000-Direct Costs: $125,000- Direct Costs: <$30,000 Direct Costs: >$200,000 Financial $75,000 $125,000 $200,000 Impact Economic Impact: Economic Impact: Economic Impact: Economic Impact: Economic Impact: Risk Level: No injury Risk Level: Minor injury Risk Level: Moderate Risk Level: High injury Risk Level: Multiple potential potential injury potential potential casualties likely Emergency Emergency Emergency Emergency Access: No Emergency Access: Life Access: Extensive Access: Temporary Access: Emergency Health & restrictions safety concerns emergency response restrictions possible service delays possible Safety required Compliance: 100% Compliance: 95-100% Compliance: 90-95% Compliance: 80-90% Compliance: <80% compliance, 0 compliance, 0.1-1 compliance, 1-3 compliance, 3-10 compliance, >10 incidents/year incidents/year incidents/year incidents/year incidents/year Release Risk: No Release Risk: Moderate Release Risk: Significant Release Risk: Minor Release Risk: Major environmental release impact requiring spill/discharge to sensitive containable release environmental disaster potential remediation area Location: >500m from Location: <10m from Environmental Location: 100-500m Location: 50-100m from Location: 10-50m from water bodies/sensitive water bodies/sensitive Impact from sensitive areas sensitive areas sensitive areas areas areas Compliance: No Compliance: Minor Compliance: Significant Compliance: Major Compliance: Criminal violations or reporting issues with routine violations requiring violations with potential charges or massive requirements reporting corrective action legal action penalties possible Public Impact: Minimal Public Impact: Minor Public Impact: Moderate Public Impact: Major Public Impact: Severe negative impact on negative impact on negative impact on negative impact on negative impact on reputation reputation reputation reputation reputation Media Media Media Media Media Reputation Coverage: Minimal or no Coverage: Some local Coverage: Important local Coverage: Regional/national Coverage: International Impact media coverage media coverage media coverage media coverage media coverage Legal Risk: Public Legal Risk: No legal Legal Risk: Potential Legal Risk: Litigation or Legal Risk: Criminal charges inquiry/inquest, criminal implications minor complaints major claim potential or trial possible charges Increase, Proposed Key LOS Metric (Measure Current Maintain Proposed Asset Class Asset Type Service Level of Service Statement Notes & Current Performance Description) Performance or LOS Attribute Decrease Facilities are in good working Reliability & % of facilities in fair or better Facilities Facilities condition with moderate signs of 99% Increase 100% Availability condition wear and tear. Long Term Providing safe long-term care % of unscheduled work orders Facilities Safety 73% Increase 85% Care facilities processed "same or next day" The fleet and equipment assets Fleet and Reliability & are maintained to minimize wear % of fleet that is in fair or better Target Fleet 66% TBD Equipment Availability and tear and ensure good condition TBD working condition. Information Technology services Information Information Reliability & are managed to maximize Up time for core computing 95% Increase 99.99% Technology Technology Availability network security and minimize equipment service disruptions. Cost Efficiency Information Technology services Information Information Target & are managed in a cost-affordable IT operating cost per FTE employee TBD Decrease Technology Technology TBD Affordability manner. Enhance user experience and Information Information Target Quality reduce Reduction of ticketed help calls 3851 Decrease Technology Technology TBD support calls The library collection is modern % of collection material request Library 25% or 41,410 Target Library Quality and offers a wide selection of that trigger a purchase (modern Increase Collections items per year TBD materials. collections) The library collection is available Library Reliability & % of collection material in fair or Library to users when requested in a 90% Maintain 90% Collections Availability better condition condition acceptable for use Providing stormwater services Stormwater Reliability & % of catch basins total inspected Stormwater with minimal impact to the 50% Maintain 50% collection Availability and cleaned annually community Providing stormwater services Condition of known stormwater Reliability & Stormwater Stormwater with minimal impact to the assets in fair or better 51% Increase Availability community condition Traffic Reliability & Traffic signals are in good % of traffic signals in fair or better Target Transportation TBD TBD Signals Availability working condition. condition TBD Stormwater Providing stormwater services Description, which may include Stormwater Scope Maps provided Increase See note collection that protect the community maps, of the user groups or areas GIS System Increase, Proposed Key LOS Metric (Measure Current Maintain Proposed Asset Class Asset Type Service Level of Service Statement Notes & Current Performance Description) Performance or LOS Attribute Decrease of the municipality that are protected from flooding, including the extent of the protection provided by the municipal stormwater management system. Percentage of properties in Stormwater Providing stormwater services Stormwater Reliability municipality resilient to a 100-year TBD Maintain collection that protect the community storm. Percentage of the municipal Stormwater Providing stormwater services Stormwater Reliability stormwater management system TBD Maintain collection that protect the community resilient to a 5-year storm. Providing a transportation Description, which may include Transportation Roads Scope network with a reasonable level maps, of the road network in the See note Increase See note Refer to Phase 2/3 TMP for updated classifications of connectivity. County and its level of connectivity. Providing an operational road For paved roads in the County, the Transportation Roads Quality network that is safe for drivers, average pavement condition index 72% Maintain 72% pedestrians and cyclists. value. Providing an operational road For unpaved roads in the County, Transportation Roads Quality network that is safe for drivers, the average surface condition (e.g. 67% Maintain 67% pedestrians and cyclists. excellent, good, fair or poor). The County of Elgin bridges have been designed Description of the traffic that is in accordance with the standard and requirements Providing a transportation supported by County bridges (e.g., Bridges and of the Bridge Design Code at the time of Transportation Scope network with a reasonable level heavy transport vehicles, motor See note Maintain See note Culverts construction. The bridges have been designed to of connectivity. vehicles, emergency vehicles, carry heavy transport vehicles, motor vehicles, pedestrians, cyclists). emergency vehicles, pedestrians, and cyclists. Bridges and culverts are in good For bridges in the County, the Bridges and Transportation Quality structural condition and can average bridge condition index 70 Maintain 70 Culverts support regular community use. value. Providing an operational road Description or images of the Bridges & Transportation Reliability network that is safe for drivers, condition of bridges and how this See note Maintain See note Images included in Figure 5.11 Structures pedestrians and cyclists. would affect use of the bridges. Bridges and culverts are in good For structural culverts in the Bridges and Transportation Quality structural condition and can County, the average bridge 66 Increase 66 Culverts support regular community use. condition index value. Providing an operational road Description or images of the Bridges & Transportation Reliability network that is safe for drivers, condition of culverts and how this See note Maintain See note Images included in Figure 5.12 Structures pedestrians and cyclists. would affect use of the culverts. Increase, Proposed Key LOS Metric (Measure Current Maintain Proposed Asset Class Asset Type Service Level of Service Statement Notes & Current Performance Description) Performance or LOS Attribute Decrease Description of how stormwater can Infiltration and inflow into sanitary sewers in both get into sanitary sewers in the groundwater and stormwater which are not Wastewater Providing wastewater services Wastewater Reliability municipal wastewater system, See note Maintain See note intended to be in sanitary system. Minimal collection with minimal interruptions causing sewage to overflow into infiltration expected with a relatively small, and streets or backup into homes. new sewer system 2022 AMP The system conveys only wastewater Description of how sanitary sewers sewage generated by the contributing buildings. in the municipal wastewater system Wastewater Providing wastewater services With the absence of major inflow/infiltration due Wastewater Reliability are designed to be resilient to See note Maintain See note collection with minimal interruptions to its modern design and construction using bell avoid events described in and spigot gasketed joints, grouted or gasketed paragraph 3. connections, the risk of backflow is minimal. Effluent can be defined as water pollution, such as the outflow from a wastewater treatment facility. Description of the effluent that is The effluent from the active treatment facility in Providing wastewater services Wastewater discharged from sewage treatment the County has documented compliance limits, Wastewater Reliability that have minimal impacts on the See note Maintain See note collection plants in the municipal wastewater objectives, and actual performance. The effluent environment system. criteria include effluent flow rates, and parameters for suspended solids, Biochemical Oxygen Demand (BOD), phosphorous, ammonia, and E. coli. Description of the frequency and Providing wastewater services volume of overflows in combined Wastewater Wastewater Reliability that have minimal impacts on the sewers in the municipal wastewater None Maintain None collection environment system that occur in habitable areas or beaches. Description, which may include maps, of the user groups or areas Wastewater Providing adequate wastewater To be added with GIS Asset Inventory Wastewater Scope of the municipality that are See note Maintain See Note collection services to the customers Implementation connected to the municipal wastewater system. Percentage of properties Wastewater services are provided Wastewater Wastewater Availability connected to the municipal N/A N/A N/A Not in the County jurisdiction to the facilities that require them. wastewater system. Description of how combined Description of how combined sewers in the municipal wastewater sewers in the municipal Wastewater system are designed with overflow Wastewater Reliability wastewater system are designed See note Maintain See note collection structures in place which allow with overflow structures in place overflow during storm events to which allow overflow during prevent backups into homes. Increase, Proposed Key LOS Metric (Measure Current Maintain Proposed Asset Class Asset Type Service Level of Service Statement Notes & Current Performance Description) Performance or LOS Attribute Decrease storm events to prevent backups into homes. The number of events per year where combined sewer flow in the Wastewater services are available municipal wastewater system Wastewater Wastewater Reliability with adequate capacity to reliably exceeds system capacity compared 0 Maintain 0 collection deliver services. to the total number of properties connected to the municipal wastewater system. The number of connection-days Wastewater services are available per year due to wastewater Wastewater Wastewater Reliability with adequate capacity to reliably backups compared to the total 0 Maintain 0 collection deliver services. number of properties connected to the municipal wastewater system. The number of effluent violations Providing wastewater services per year due to wastewater Wastewater Wastewater Reliability that have minimal impacts on the discharge compared to the total 0 Maintain 0 collection environment number of properties connected to the municipal wastewater system. Report to Committee of the Whole From: Jeff Brooks, Manager of Emergency Management Date: October 14, 2025 Subject: Emergency Evacuation Site for Kings Academy Recommendation(s): THAT Council accepts the recommendation to allow Kings Academy to designate the County of Elgin Administration Building as an Emergency Evacuation Site for their students and staff; and THAT Council directs staff to develop a Letter of Understanding between Kings Academy and the County of Elgin outlining the roles and responsibilities of each party. Introduction: Kings Academy has approached the County of Elgin for permission to include the County of Elgin Administration Building as an Emergency Evacuation location in the event there is a need to evacuate their facility during normal school hours. Background and Discussion: Kings Academy is a private Christian school located at 410 Sunset Ave. that has an enrollment of 84 students from Junior Kindergarten through to Grade 8. There are up to 25 adults working at the school during classes. As part of their emergency plan, they require a location for children and staff to go in the event they need to evacuate the building. Reasons for an evacuation include fire and bomb threat where everyone needs to be relocated for their safety. Once students are relocated, parents will be contacted to pick up their children. This process will be fully managed by Kings Academy staff. The Cou a safe location that is close to the school and is capable of sheltering students and staff temporarily. Financial Implications: There is no cost to the County of Elgin to act as an Emergency Evacuation Site for Kings Academy. The process of getting students connected with their families will be managed by Kings Academy staff. Advancement of the Strategic Plan: Assisting Kings Academy Collaborative Engagement and Communication, Strategy 3: Service Excellence and Efficiency, and Strategy 5: Community Well-being and Inclusivity by enhancing the emergency plan of Kings Academy and fostering cooperation with a community partner. s long-term commitment to advancing public safety. Local Municipal Partner Impact: There will be no impact to local municipal partners. Communication Requirements: Once this recommendation is approved by Council, Kings Academy leaders will be emergency plan as an evacuation site and Kings Academy will share that information Conclusion: King of ensuring the safety of their students and staff. All of which is Respectfully Submitted Approved for Submission Jeff Brooks Blaine Parkin Manager of Emergency Management Chief Administrative Officer/Clerk Report to Committee of the Whole From: Carolyn Krahn, Manager of Economic Development, Tourism & Strategic Initiatives Date: October 14, 2025 Subject: Port Stanley Visitor Centre Lease Renewal Recommendation(s): THAT the Chief Administrative Officer be directed to sign the lease agreement between the Corporation of the County of Elgin and the Municipality of Central Elgin for the purposes of operating a Tourism Information Centre at 199 Carlow Road, Port Stanley, for the term of June 1, 2023 to May 31, 2033, at a cost of $4,254.49 plus HST annually, subject to annual CPI increases, according to the terms and conditions described in this report. Introduction: Since 2018, the County has leased space from the Municipality of Central Elgin at 199 Carlow Road in Port Stanley for the purpose of operating a Visitor and Tourism Information Centre. The original five-year lease expired on May 31, 2023. Staff have been in communication with Central Elgin since 2022 regarding an updated agreement. Central Elgin has now provided a new lease (attached) that ensures the continuation of County tourism services in this location. Background and Discussion: The Port Stanley Visitor Centre gives the County a visible and consistent tourism presence in one of the busiest destinations along Lake Erie. It is located at the corner of Carlow Road and Bridge Street, beside the lift bridge, and serves as a central spot for visitors looking for information, itinerary recommendations, and details on local events. The Centre is open from May to September, with a summer student providing coverage during the peak season. In September, the Tourism Officer staffs the Centre on Thursdays and Fridays to continue service into the fall. about 321 square feet of interior space. It sets a ten-year term running until May 31, 2033, with annual rent starting at $4,254.49 for 20232024 and increasing each year based on the Ontario Consumer Price Index (February CPI). The space is dedicated to operating a visitor and tourist information office. The lease also allows either party to , effective only on May 31 of any given year. This new agreement continues the terms of the previous lease while securing a Stanley. Financial Implications: The lease amount of $4,254.49 for 20232024, along with the annual increases tied to -year financial plan. As a result, no additional budget impact is anticipated. Advancement of the Strategic Plan: Plan by promoting economic development and tourism in a way that respects local heritage. The Centre highlights local businesses and cultural attractions, provides visitors with information about events and festivals, and strengthens regional marketing by serving as a central hub for County-wide tourism promotion. These actions advance the goals under Strategy #4: Sustainable Community Growth. Local Municipal Partner Impact: The primary municipal impact is with the Municipality of Central Elgin, where the Visitor Centre is located. Renewing the lease maintains a strong working relationship that has been successful in the past and is expected to continue over the next ten years. By tourism efforts but also promotes destinations and attractions across all of Elgin County to visitors. Communication Requirements: Once the lease agreement is fully executed, it will be returned to the Municipality of Central Elgin for their records. Conclusion: Renewing this lease will allow the County to continue operating the Port Stanley Visitor Centre in a prime location and maintain a strong partnership with the Municipality of Central Elgin. The agreement secures long-term stability for tourism services and promotes destinations across all of Elgin County. All of which is Respectfully Submitted Approved for Submission Carolyn Krahn Blaine Parkin Manager of Economic Development, Chief Administrative Officer/Clerk Tourism & Strategic Initiatives Report to Committee of the Whole From: Michele Harris, Director of Homes and Seniors Services Mike Hoogstra, Manager of Procurement & Risk Date: October 14, 2025 Subject: Registered Dietitian Services at Elgin County Homes - Contract Award Recommendation(s): THAT the contract for Registered Dietitian Services at Elgin County Homes be awarded to Urbshott Faulds Dietetics Professional Corporation for a three-year term; and, THAT staff be authorized to extend the contract for an additional two-year term in accordance with section 7.6 of the Procurement Policy, subject to satisfactory performance during the initial three-year contract term; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. Introduction: This report provides details on the Request for Proposal (RFP) for Registered Dietitian Services -and seeks approval to award the contract. Background and Discussion: The Fixing Long-Term Care Act, 2021 and Ontario Regulation 246/22 requires that every home employ or contract for a Registered Dietitian to oversee the nutrition and hydration programs for each home. The current contract for Registered Dietitian Services is expiring, and a new RFP was recently issued. The RFP document is attached to this report as Attachment 1. https://elgincounty.bidsandtenders.ca including RFP dates, proposals submitted and a complete plan takers list is attached to this report as Attachment 2. The Evaluation Committee (refer to Attachment 3) scored each proposal based on the following criteria: i) Understanding of the requirements ii)Project Team Qualifications and Experience iii) Work Program / Services Proposed iv) Audits, knowledge and experience with Point Click Care, RAI-MDS/interRAI LTCF, Meal Suite v) Staffing levels in hours vi) Client References vii) Fee Schedule, Additional Fees/Costs The firm selected by the Evaluation Committee is Urbshott Faulds Dietetics Professional Corporation. The proposal submitted by Urbshott Faulds Dietetics Professional Corporation was the highest scoring qualified proposal and thus represented the best complete quality submission. All Proponents that submitted a proposal to the County will be advised of the contract award and will be offered a debriefing of their individual proposal submission. Financial Implications: The estimated total cost to provide the services is estimated to be $96,678 for Year 1; $99,114 for Year 2, and $101,551 for Year 3 (excluding HST). Funding for this service is provided by the Ministry of Long-Term Care as part of the Program and Support Services (PSS) envelope. Advancement of the Strategic Plan: The award of the registered dietitian services contract aligns with the strategic plan to continuing to enhance technology for nutrition care and services, performance metrics and collaboration with the Registered Dietitian(s). Local Municipal Partner Impact: None Communication Requirements: None Conclusion: A Registered Dietitian to oversee the nutrition and hydration programs for each home is a requirement under the Fixing Long-Term Care Act, 2021 and Ontario Regulation 246/22, and a necessity for the provision of resident centered care. As detailed above, the Evaluation Committee completed an evaluation and selection process in accordance with RFP No. 2025-P36 and subsequently the proposal submission from Urbshott Faulds Dietetics Professional Corporation was deemed the successful qualified proponent and is recommended for award. All of which is Respectfully Submitted Approved for Submission Michele Harris Blaine Parkin Director of Homes and Seniors Services Chief Administrative Officer/Clerk Mike Hoogstra Manager of Procurement & Risk Attachment 1 REGISTERED DIETITIAN SERVICES REQUEST FOR PROPOSAL No. 2025-P36 ELECTRONIC SUBMISSIONS ONLY Proposals shall be received by the Bidding System no later than: August 21, 2025 @ 3:00 p.m. (local time) Issue Date: July 30, 2025 Documents are available in accessible format and/or with communication supports upon request. Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES INDEX DEFINITIONS AND INTERPRETATIONS ............................................................................3 SECTION 1.0 - INFORMATION TO PROPONENTS............................................................4 1.1Introduction and Background...........................................................................4 1.2 Proposal Format and Delivery .........................................................................4 1.3 Designated Official ...........................................................................................5 1.4 Questions / Inquiries ........................................................................................5 1.5 Addenda...........................................................................................................6 1.6 RFP Schedule ..................................................................................................6 1.7 Proponent Communications ............................................................................6 1.8 Proponent Investigations .................................................................................7 1.9 Notice of No Response ....................................................................................7 SECTION 2.0 - TERMS OF REFERENCE............................................................................8 2.1 Introduction ......................................................................................................8 2.2 Term of Contract ..............................................................................................8 2.3 Scope of Services ............................................................................................8 2.4 Evaluations and Service Requirements ........................................................10 2.5 Qualifications and Requirements...................................................................11 2.6 Pandemic and Other Requirements ..............................................................11 SECTION 3.0 - PROPOSAL REQUIREMENTS .................................................................12 3.1 Proposal Submissions ...................................................................................12 3.2 Proposal Submission Requirements .............................................................12 3.3 Evaluation Process ........................................................................................13 3.4 Evaluation Criteria..........................................................................................14 3.5 Ratings ...........................................................................................................15 3.6 Presentation and Interview ............................................................................15 SECTION 4.0 - GENERAL CONDITIONS...........................................................................17 4.1 Rights of the County ......................................................................................17 4.2 Conflict of Interest ..........................................................................................17 4.3 Modified Proposals ........................................................................................18 4.4 Disqualification of Proponents .......................................................................18 4.5 Confidentiality.................................................................................................18 4.6 Proposal Assignments ...................................................................................18 4.7 Procurement Policy........................................................................................19 4.8 Failure to Perform ..........................................................................................19 4.9 Award and Agreement ...................................................................................19 4.10 Insurance Requirements................................................................................19 4.11 Indemnification ...............................................................................................20 4.12 WSIB Requirements ......................................................................................20 4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005 ......20 4.14 Disqualification ...............................................................................................21 1 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES 4.15 Record and Reputation ..................................................................................21 4.16 ProponentÓs Costs..........................................................................................22 4.17 Legal Matters and Rights of the County ........................................................22 4.18 Human Rights, Harassment and Occupational Health and Safety ...............23 4.19 Pandemics .....................................................................................................23 4.20 Clarification ....................................................................................................23 4.21 Supplementary Information............................................................................23 4.22 Default / Non-Performance ............................................................................24 APPENDIX A - SAMPLE AGREEMENT .............................................................................25 2 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES DEFINITIONS AND INTERPRETATIONS The following definitions apply to the interpretation of the Request for Proposal Documents; 1. ÐAddenda or AddendumÑ means such further additions, deletions, modifications or other changes to any Request for Proposal Documents. 2. ÐAuthorized PersonÑ means; i. For a Proponent who is an individual or sole proprietor that person. ii. For a Proponent which is a partnership, any authorized partner of the Proponent. iii. For a Proponent which is a corporation: a) any officer of director of the corporation; and b) any person whose name and signature has been entered on the document submitted with the Request for Proposal, as having been authorized to participate in the completion, correction, revision, execution, or withdrawal of the submission, whether that person is or is not an officer or director. iv. For a Proponent that is a joint venture, the submission shall be signed by a person for and on behalf of each joint venture or, if they warrant that they have the authority vested in them to do so, one person so authorized may sign on behalf of all joint ventureÓs. 3. ÐBidding SystemÑ means the CountyÓs bid portal website operated by bids&tenders© and posted as https://elgincounty.bidsandtenders.ca/Module/Tenders/en 4. ÐCountyÑ refers to the Corporation of the County of Elgin. 5. ÐDesignated OfficialÑ refers to the Manager of Procurement & Risk for the County of Elgin. 6. ÐProposalÑ means the Response in the form prescribed by this Request for Proposal Document and completed and submitted by a Proponent in response to and in compliance with the Request for Proposal. 7. ÐProponentÑ means the legal entity submitting a Proposal. 8. ÐRequest for Proposal (RFP)Ñ means the document issued by the County in response to which Proponents are invited to submit a Proposal that will result in the satisfaction of the CountyÓs objectives in a cost-effective manner. 9. ÐSuccessful ProponentÑ and/or ÐService ProviderÑ means the Proponent whose Proposal has been approved by the County. 3 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES SECTION 1.0 - INFORMATION TO PROPONENTS 1.1 Introduction and Background The County of Elgin is situated in the heart of southwestern Ontario along the north shore of Lake Erie and due south of Highway 401 in what can be best described as a rich agricultural zone complemented by industry. The County is an upper-tier municipality comprised of seven local municipalities covering an area of 460,000 acres, with a population of approximately 50,000 people. The County of Elgin is inviting proposals from qualified service providers to provide Registered Dietitian Services for residents who reside at Bobier Villa, Elgin Manor and Terrace Lodge that will meet the requirements of the County as outlined in this Request for Proposal. The requirement of the Ministry of Health and Long-Term Care is that the Elgin County Homes select and enter into a service contract with a Registered Dietitian service provider that is a member in good standing of the College Dietitians of Ontario and can carry out services in accordance with the stands of the College. Further information regarding the scope of work is included in Section 2.0 1.2 Proposal Format and Delivery ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions not permitted. All Proponents shall have a Bidding SystemVendor account with bids&tenders© and be registered as a Plan Taker for this RFP opportunity, which will enable the Proponent to download the Request for Proposal document, download Addendums, receive email notifications pertaining to this RFP and to submit their Proposal electronically through the Bidding System. Proponents are cautioned that the timing of their Proposal Submission is based on when the Proposal is RECEIVED by the Bidding System, not when a Proposal is submitted, as Proposal transmission can be delayed due to file transfer size, transmission speed, etc. For the above reasons, it is recommended that sufficient time be allocated to complete your proposal submission and attachment(s) (if applicable) and resolve any issues that may arise. The closing time and date shall be determined by the Bidding SystemÓs web clock. Proponents should contact bids&tenders© support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proponent advising that their Proposal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders© support at support@bidsandtenders.ca. Late Proposals are not permitted by the Bidding System. 4 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES To ensure receipt of the latest information and updates via email regarding this RFP, or if a Proponent has obtained this RFP document from a third party, the onus is on the Proponent to create a Bidding SystemVendor account and register as a Plan Taker for the RFP opportunity. Proponents may edit or withdraw their Proposal submission prior to the closing time and date. However, the Proponent is solely responsible to ensure the re-submitted Proposal is received by the Bidding System no later than the stated closing time and date. The onus unequivocally remains with the Proponent to ensure that the Proposal is submitted electronically prior to the deadline and in accordance with the submission instructions. The County, its elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the County of any Proposal, or by reason of any delay in the acceptance of any Proposal. The County shall not be liable for any cost of preparation or presentation of Proposals, and all Proposals and accompanying documents submitted by the Proponent become the property of the County and will not be returned. There will be no payment to Proponents for work related to, and materials supplied in the preparation, presentation and evaluation of any Proposal, nor for the Contract negotiations whether they are successful or unsuccessful. 1.3 Designated Official For the purpose of this contract Mike Hoogstra, Manager of Procurement & Risk for the County is the ÐDesignated OfficialÑ and shall perform the following functions: releasing, recording, and receiving Proposals, recording and checking of submissions; answering queries from perspective proponents, considering extensions of time, reviewing Proposals received, ruling on those not completing meeting requirements and coordinating the evaluation of the responses. 1.4 Questions / Inquiries All inquiries regarding this RFP shall be directed through the Bidding System online by clicking on the ÐSubmit a QuestionÑ button for this bid opportunity. Questions submitted through the Bidding System are directed to the Designated Official. The deadline for submitting questions is noted in Section 1.6 If during the period prior to submission of Proposals, the County determines, in its sole and unfettered discretion, that part of the RFP requires formal amendment or clarification, written Addenda to this RFP will be distributed to all registered Proponents. No clarification requests will be accepted by telephone, fax or in-person meeting. Responses to clarification requests will be provided to all interested parties. Inquiries must not be directed to other County employees or elected officials. Directing inquiries to other than the Designated Official may result in your submission being rejected. 5 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES 1.5 Addenda The County may at its discretion, amend or supplement the RFP documents by Addendum at any time prior to the closing date. Changes to the RFP documents shall be made by Addendum only. Such changes made by Addendum shall be supplementary to and form an integral part of the RFP documents and should be allowed for in arriving at the total cost. The County will make every effort to issue all Addenda no later than three (3) days prior to the closing date. Proponents shall acknowledge receipt of any Addenda through the Bidding System by checking a box for each Addendum and any applicable attachment. It is the sole responsibility of the Proponent to have received all Addenda that are issued. Proponents should check online at https://elgincounty.bidsandtenders.ca/Module/Tenders/en prior to submitting their Proposal and up until the RFP closing time and date in the event additional Addendaare issued. If a Proponent submits their Proposalprior to the RFP closing time and date and an Addendum has been issued, the Bidding System shall WITHDRAW the Proposal submission and the bid status will change to an INCOMPLETE STATUS and Withdraw the Proposal. The Proponent can view this status change in the ÐMY BIDSÑ section of the Bidding System. The Proponent is solely responsible to: ¤ make any required adjustments to their Proposal; and ¤ acknowledge the Addenda; and ¤ Ensure the re-submitted Proposal is RECEIVED by the Bidding System no later than the stated RFP closing time and date. The Proponent shall not rely on any information or instructions from the County or a County Representative except the RFP Documents and any Addenda issued pursuant to this section. 1.6 RFP Schedule The RFP process will be governed according to the following schedule. Although every attempt will be made to meet all dates, the County reserves the right to modify or alter any or all dates at its sole discretion by notifying all Proponents through the Bidding System. Issue RFP: July 30, 2025 Last Date for Questions: August 14, 2025 RFP Close: August 21, 2025 Award of Contract: September, 2025 *Dates noted above are an approximation only and are subject to change. 1.7 Proponent Communications Each Proponent is solely responsible to ensure that all contact information for the Proponent is accurate and updated at all times during the RFP process. Proponents may update or revise their contact information in their Bidding System Vendor account. All correspondence from the County to a Proponent will be issued through the Bidding System. 6 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES 1.8 Proponent Investigations Each Proponent is solely responsible, at its own cost and expense, to carry out its own independent research, due diligence or to perform any other investigations, including seeking independent advice, considered necessary by the Proponent to satisfy itself as to all existing conditions affecting the Proposal for this RFP. The ProponentsÓ obligations set out in this RFP apply irrespective of any background information provided by the County or information contained in the RFP Documents or in responses to questions. The County does not represent or warrant the accuracy or completeness of any information set out in the RFP Documents or made available to Proponents. The Proponents shall make such independent assessments as they consider necessary to verify and confirm the accuracy and completeness of all such information as any use of or reliance by Proponents an any and all such information shall be at the ProponentÓs sole risk and without recourse against the County. 1.9 Notice of No Response If you are unable, or do not wish to provide a Proposal, please complete a notice of no response form in the Bidding System. It is important to the County to receive a reply from all Proponents. 7 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES SECTION 2.0 - TERMS OF REFERENCE 2.1 Introduction The County is seeking a service provider for the provision of Registered Dietitian Services. The proposal will include services to the residents of Elgin Manor, Terrace Lodge, and Bobier Villa. Bobier Villa is a 57-bed long-term care home located in Dutton, Elgin Manor is a 90-bed long- term care home located just outside St. Thomas and Terrace Lodge is a 100-bed long-term care home located in Malahide, just outside of Aylmer. The resident population is primarily a geriatric population and includes special memory care units for residents with dementia. The County utilizes Point Click Care and MealSuite programs in all three Long Term Care Homes. The service provider shall be in compliance with all applicable laws and regulations of all governing authorities including but not limited to the Ministry of Health (MOH), Ministry of Long- Term Care (MLTC) (e.g. Fixing Long-Term Care Act, 2021, Ontario Regulations 246/22), Southwestern Public Health and Ontario Health Regulations, County of Elgin Homes policies and procedures, and the CountyÓs Health and Safety Committee. 2.2 Term of Contract The term of contract is for a three-year term, commencing on or about October 1, 2025 to September 30, 2028. The County at its discretion may extend the contract up to an additional two (2) years upon mutual agreement between both parties. 2.3 Scope of Services Currently, Elgin County Homes have contracted Registered Dietitian Services. The Manager of Support Services, Cooks and Dietary Aides, for all three LTC Homes are employees of the County of Elgin. The Registered Dietitian oversees the Resident Nutrition Care Program and will report to the Manager of Support Services, and, as applicable, the Administrator/Director of Homes and Seniors Services. The Registered Dietitian service provider agrees to: a) Oversee the required Nutrition Care and Hydration Programs for the residents of the County of Elgin Long-Term Care (LTC) Homes in accordance with all applicable laws, regulations, policies and standards of the Long-Term Care Home(s), as may be amended from time to time. b) Complete Nutrition Assessments on all residents upon admission and reassessments as required; c) Determine each residentÓs level of nutrition risk; d) Prescribing diet orders for all residents, according to the Homes policy and procedure. 8 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES e) Develop a nutrition care plan for all newly admitted residents; f) Evaluate and modify as needed the nutrition care plans for residents identified to be at high nutrition risk and those at moderate and low risk as deemed necessary on an ongoing basis; g) Provide nutrition/dietary counseling/education for residents and/or their caregivers, family members or substitute decision makers for the purpose of supporting optimum resident nutrition care; h) Conduct regular meal service/dining room rounds; i) The Registered Dietitian (RD) will complete a quarterly nutrition assessment on all residents. Residents deemed to be at high nutritional risk (as determined by the RD with input from the interdisciplinary team) are to be monitored and reviewed monthly at minimum. Residents deemed to be at moderate or low nutritional risk are to be monitored and reviewed quarterly at minimum. The RD is responsible for completing the annual full assessment for all residents. j) Provide input to Multidisciplinary Care Conferences for residents being followed by the Registered Dietitian; k) Interpreting and reinforcing MOH and MLTC Act and Regulations that relate to Nutrition and Hydration and Dietary Services Standards and Criteria; l) Participate on interdisciplinary committees such as the Professional Advisory Committee (PAC); m) Attend Resident Care Conferences as requested/required; n) Oversee the nutrition component of the HomeÓs enteral feeding programs and develop relevant policies and procedures in collaboration with the Homes management team; o) Participate as a member of the HomeÓs Care Teams, such as skin and wound care and Falls prevention; p) Provide in-service education sessions for staff according to identified needs; q) Completing MDS-RAI documentation (coding, writing RAPSÓs), as required. The County of Elgin Homes are currently training for, and, will be transitioning to interRAI LTCF on October 1, 2025; r) Reviewing and approving in writing the planned menu and menu cycle for both regular and therapeutic diets, including texture modification and snacks whenever a new cycle menu is introduced, e.g. spring/summer and fall/winter, annually at a minimum; 9 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES The County intends to implement updated modules of the Menu and Nutrient Analysis software system (Meal Suite) within the next year. We are expecting that the successful service provider will provide support with this implementation. Please indicate the type of support that will be provided as part of your response to Additional Services / Value Added Services in section 3.2. s) Analyze the planned menus to ensure that they provide adequate nutrients and energy to meet residentÓs needs based on the current Recommended Nutrient Intake (RNI) or Dietary Reference Intakes (DRI) as determined by Health Canada; t) Developing and/or revising policies and procedures related to the residentsÓ nutrition care program in cooperation with the Manager of Support Services; u) Providing consultation on resident meal service delivery; v) Registered Dietitian will conduct a written report of each dietitian visit; w) As part of the Quality Assurance Program the Registered Dietitian will conduct audits and report results; x) The Registered Dietitian will report to the Manager of Support Services, and, as applicable, the Administrator/Director of Homes and Seniors Services. Any changes to this contract will be discussed and approved by the Director of Homes and Seniors Services; y) Regular Communication will take place with the Manager of Resident Care, Registered Nursing staff, the Director of Homes and Seniors Services/Administrator of Home and the Physicians (as required); z) Time of visits will be arranged between the Manager of Support Services, Administrator, Director of Homes and Senior Services (as required) and Registered Dietitian. 2.4 Evaluations and Service Requirements The Registered Dietitian service provider agrees to provide the following: a) Participate in Ministry of Health (MOH) and Ministry of Long-Term Care (MLTC) Inspections as part of the interdisciplinary health care team, as required; b) Provide recommendations and participate in the implementation and monitoring of the Quality Improvement Plan (QIP) as applicable to Nutrition Services; c) Participate in the development, implementation, monitoring and evaluation of the restorative care dining program; d) Provide a written Annual Report of Activities and recommendations for quality improvements to the Director of Homes and Senior Services/Administrator of the Home on a yearly basis. 10 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES 2.5 Qualifications and Requirements The Registered Dietitian service provider will: a)be able to provide funded Dietetic services to all residents; b) employ a Registered Dietitian to provide assessments and consultation; c)have experience in providing Dietetic services in a Long-Term Care Home setting; d) complete working knowledge of RAI-MDS/interRAI LTCF documentation; e)Ensure members are in good standing of the College of Dietitians of Ontario (CDO); f)Maintain professional liability insurance; g) Provide service in a manner that adheres to the professional Code of Ethics and CDOÓs Standards of Practice and that respects Resident Rights and the confidentiality of health information according to PHIPA guidelines; h) Participate in regular continuing education opportunities; i)As part of the Quality Assurance Program, the Registered Dietitian will conduct an annual review of its services. 2.6 Pandemic and Other Requirements The Registered Dietitian service provider will: a) Comply with all current Pandemic Health and Safety measures in place during the term of the contract. b) Maintain confidentiality relating to Resident and home information as per legislative requirements and sign a HomeÓs Confidentiality Agreement. c)Provide annual satisfactory criminal reference checks (inclusive of Vulnerable Sector and Sexual Offender Database) for all RD professionals with the cost to be borne by the Provider. d) Ensure that all of the RD professionals receive the influenza vaccine annually and provide proof of vaccination by November 30th of each year. e) Provide documentation of TB skin testing that aligns with public health and ministry requirements. f)Comply with the CountyÓs quality and risk management expectations including, but not limited to, infection control standards. Complete all required online education as required by Ministry of Long-Term Care legislation (e.g. resident abuse, ResidentÓs Bill of Rights, IPAC, etc.). 11 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES SECTION 3.0 - PROPOSAL REQUIREMENTS 3.1 Proposal Submissions ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. The Proposal Submission shall comprise of one (1) proposal submission file as detailed in section 3.2 Hardcopy submissions not permitted. Failure to include the submission requirements may result in your proposal being disqualified. 3.2 Proposal Submission Requirements Proponents shall upload a PDF Proposal Submission to the Bidding System. The submission shall be no longer than fifteen (15) single sided pages (Arial 12 font or equivalent), excluding the Curricula Vitae. The submission should include all of the information listed in this section. Each response to a request should clearly identify the section of this RFP to which it is responding (by number and heading). The Proponent should provide information of sufficient scope and depth to demonstrate the ability of the Proponent to deliver the services described in this RFP. The information submitted is subject to verification, and further pertinent information may be obtained from references. a) Section 1: Overview A narrative demonstrating the firmÓs understanding of the full scope of services, brief summary of your company, reasons why the Proponent is interested in taking on this project, and its familiarity with the County of Elgin. b) Section 2: Work Program A detailed description of the range of services offered to the county including, as a minimum the following: Nutrition and hydration programs; Menu planning, menu approval; How weight changes are assessed using an interdisciplinary approach, what actions are taken and outcomes evaluated; Audits Î during visit to ensure proper diet, texture, etc. Include experience and knowledge of Point Click Care, Meal Suite and RAI- MDS/interRAI LTCF. Nutrition related care planning 12 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES Proponents will provide a detailed list of services offered to the residents. The proposal should indicate the management philosophy to provide Registered Dietitian Services to meet the variety of dietary requirements within the approved budget for raw food as established by OntarioÓs Ministry of Health and Long-Term Care. The proposal should identify systems and tools utilized to maintain compliance. Areas of discussion include nutrition management, quality improvement, policies and procedures. The proposal shall also include staffing levels and the total number of hours proposed for each Home per month. c) Section 3: Project Team Identify the Registered Dietitian Team and their roles, background, education, and experience. d) Section 4: Additional Services / Value Added Services Proponents are to list additional professional services available to the County and/or any value-added services proposed. Proponents shall also indicate the type of support that will be provided during implementation of updated modules regarding the Menu and Nutrient Analysis software system within the next year. e) Section 5: Client References Provide at least three (3) references the County may contact. References should be from facilities who you are currently providing Registered Dietitian services. References must include the name of the organization, contact person, phone/fax numbers, email address. f) Section 6: Fee Summary Proponents shall identify the hourly rates and any other fees. The Proposal shall further identify any additional costs to be assumed by the County for example (if necessary) staff orientation, training, education and travel. 3.3 Evaluation Process Each proposal will be evaluated on its clarity and the demonstrated understanding of the Project requirements, the services proposed and timeframes, as well as the proponentÓs experience and the anticipated benefit to Elgin County. A short list of firms may be created for purposes of an interview or presentation, should this be required. Proponents may be contacted to explain or clarify their proposals; however, they will not be permitted to alter information as submitted. An Evaluation Committee will be established from members of the County or any others as deemed necessary. Proposals will be evaluated on the basis of all information provided by the Proponent. Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP. Failure to comply with these requirements may deem the proposal non-responsive. 13 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES Selection of a proposal will be based on (but not solely limited to) the following criteria and any other relevant information provided by the Proponent at the time of submission as well as any additional information provided during subsequent meetings with the Proponent. In recognition of the importance of the procedure by which a Proponent may be selected, the following criterion outlines the primary considerations to be used in the evaluation and consequent awarding of this project (not in any order). The County reserves the right to evaluate and rank each submission using criterion noted. Actual scores will be confidential. The County reserves the right to request confidential references for any of the proponent's projects listed, as well as any of the proponentÓs other projects, and factor the ratings from all references, whether completed or in progress. 3.4 Evaluation Criteria Submissions will be evaluated by an evaluation committee based on the following categories. The disclosure of the allocated weightings for each category is provided to assist in preparing a proposal that best meets the requirements of the County. By responding to this RFP, Proponents agree to accept the decision of the evaluation committee as final. Proposals will be evaluated based on the following weighted evaluation factors: Maximum Rated Criteria Weight Points Understanding of Project Requirements 5 Project Team Qualifications and Experience 15 Work Program / Services Proposed 30 Audits, knowledge and experience with Point Click Care, RAI-15 MDS/interRAI LTCF, Meal Suite Staffing levels in hours 10 Fee Schedule, Additional Fees/Costs 25 Client References Pass / Fail TOTAL CUMULATIVE POINTS 100 POINTS 14 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES 3.5 Ratings For consistency, the following table describes the characteristics attributable to particular scores between 0-10. 0 Unacceptable Did not submit information Very 1-2 Very poor to unsatisfactory Unsatisfactory Minimallyaddressessome, but not all of therequirement of the 3 Unsatisfactory criteria. Lacking in critical areas Somewhat Addresses most of the requirements of the criteria to the minimum 4 Unsatisfactory acceptable level. Lackingin critical areas. Addresses most, but not all, of the requirements of the criteria tothe Somewhat 5 minimum acceptable level. May belackingin some areasthat are Satisfactory not critical. Adequately meets most of the requirements of the criteria. May be 6 Satisfactory lacking in some areas that are not critical. 7 Good Meets all requirements of the criteria. 8 Very Good Somewhat exceeds the requirements of the criteria. 9 ExcellentExceeds the requirements of the criteria in ways that are beneficial. Proposal exceeds the requirementsof the criteria in superlative 10 Outstanding ways/ verydesirable. All qualified proposal submissions will be reviewed and evaluated. Additional information may be requested if necessary. Only the proposal response and Curricula Vitae requested will be evaluated. Proponents must include all relevant information in the required page limit restriction identified in section 3.2. 3.6 Presentation and Interview The County may have the two highest scoring Proponents attend an interview to present the evaluation team with additional insight into the ProponentÓs ability to meet the requirements as requested in the RFP. The County reserves the right to interview more or fewer than two Proponents based on the scoring results. The interviews would be conducted by the representatives of the Evaluation Committee at the County Administration Building, 450 Sunset Drive, St. Thomas, Ontario N5R 5V1. Senior staff members to be assigned to this project must attend the interview. 15 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES Presentations shall follow this general format: Introduction of Proponents Project Team (5 minutes) Proponent Presentation of the Proposal (15 minutes) Questions from Interview Committee (10 minutes) Questions from Proponents (5 minutes) The Proponents will be notified of the final format and exact date and time for interviews / presentations in advance. For the interview portion of the evaluation (if required), the County of Elgin will be using the rating criteria shown below and will evaluate each short-listed Proponent only. Interview Criteria and Weighting (Second Stage if required): Criteria CategoryWeighted Points Presentation 25 Response to Questions 10 Total Weighted Points 35 The score from the proposal evaluations and the Interview will be combined to determine an overall score. 16 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES SECTION 4.0 - GENERAL CONDITIONS 4.1 Rights of the County The County is not liable for any costs incurred by the Proponent in the preparation of their response to the RFP or selection interviews, if required. Furthermore, the County shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the County of any Proposal or by reason of any delay in the award of the contract. The County reserves the right to accept any Proposal, in whole or in part, that it feels most fully meets the selection criteria. Therefore, the lowest cost Proposal, or any Proposal may not necessarily be accepted. County staff shall evaluate all compliant Proposals received by the closing time and make evaluations and recommendations for acceptance. The County reserves the right to request specific requirements not adequately covered in their initial submission and clarify information contained in the Request for Proposal. The County reserves the right to modify any and all requirements stated in the Request for Proposal at any time prior to the possible awarding of the contract. The County reserves the right to cancel this Request for Proposalat any time, without penalty or cost to the County. This Request for Proposal should not be considered a commitment by the County to enter into any contract. The County reserves the right to enter into negotiations with the selected Proponent. If these negotiations are not successfully concluded, the County reserves the right to begin negotiations with the next selected Proponent. Proposals shall remain open and subject to acceptance for a period of ninety (90) days from closing date. In the event of any disagreement between the County and the Proponent regarding the interpretation of the provisions of the Request for Proposal, the Director of Financial Services or an individual acting in that capacity, shall make the final determination as to interpretation. No Proposal shall be accepted from any person or Proponent who, has a claim or has instituted a legal proceeding against the County or against whom the County has a claim or has instituted a legal proceeding, without the prior approval of County Council. This applies whether the legal proceeding is related or unrelated to the subject matter of this RFP. 4.2 Conflict of Interest The Proponent declares that no person, firm or corporation with whom or which the Proponent has an interest, has any interest in this RFP or in the proposed contract for which this Proposal is made. The Proponent further declares that no member of the Council of the County and no officer or employee of the County will become interested directly or indirectly as a contracting party, 17 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES partner, shareholder, surety, or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the money to be derived there from. Should the Proponent feel that a conflict of interest or potential conflict of interest exists; the Proponent must disclose this information to the County prior to the submission of a Proposal. The County may, at its discretion, delay any evaluation or award until the matter is resolved to the County's satisfaction. The County may allow a conflict of interest or potential conflict of interest to exist if it is satisfied that there are adequate safeguards in place and if the County determines that it is in its best interests to do so. The County reserves the right to disqualify a Proposal where the County believes a conflict of interest or potential conflict of interest exists. 4.3 Modified Proposals In the event that a preferred Proposal does not entirely meet the requirements of the County, the County reserves the right to enter into negotiations with the selected Proponent, to arrive at a mutually satisfactory arrangement and to make any modifications to the Proposal as are in the best interests of the County. 4.4 Disqualification of Proponents More than one Proposal from an individual firm, partnership, corporation or association under the same or different names will not be considered. A Proponent shall not discuss or communicate, directly or indirectly with any other Proponent, any information whatsoever regarding the preparation of its own Proposal or the Proposal of the other Proponent. Proponents shall prepare and submit Proposals independently and without any connection, knowledge, comparison of information or arrangement, direct or indirect with any other Proponent. Collusion between Proponents will be sufficient for rejection of any Proposals so affected. 4.5 Confidentiality The Proposal must not be restricted by any statement, covering letter or alteration by the Proponent in respect of confidential or proprietary information. The County will treat all Proposals as confidential. The County will comply with the Municipal Freedom of Information and Protection of Privacy Act, and its retention by-law pursuant to the Municipal Act, in respect of all Proposals. All Public Reports approved by the Council of the County will become public information. 4.6 Proposal Assignments The successful Proponent will not be permitted to assign or transfer any portion of the Proposal as submitted or the subsequent agreement without prior written approval from the County. 18 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES 4.7 Procurement Policy Submissions will be solicited, received, evaluated, accepted and processed in accordance with the CountyÓs Procurement Policy as amended from time to time. In submitting a Proposal in response to this RFP, the Proponent agrees and acknowledges that it has read and will be bound by the terms and conditions of the CountyÓs Procurement Policy. The Procurement Policy can be viewed on the CountyÓs website, www.elgincounty.ca 4.8 Failure to Perform Failure to comply with all terms and conditions of this Proposal, and failure to supply all documentation, as required herein, shall be just cause for cancellation of the award. The County shall then have the right to award this contract to any other Proponent or to re-issue this RFP. 4.9 Award and Agreement The Proponent that fully meets the requirements and scores the highest based on the evaluation criteria, will be recommended for award. Once the award is made and approved by the County or County Council, the report recommending such award including the total cost of the awarded project shall be a matter of public record, unless otherwise determined by Council. A written agreement, prepared by the County shall be executed by the County and an Authorized Person of the successful Proponent. The complete Proposal response submitted by the successful Proponent, together with the entire Request for Proposal documents prepared by the County of Elgin, shall form part of the Agreement (see attached sample of agreement in Appendix A). 4.10 Insurance Requirements Any agreement resulting from this RFP will contain the following insurance requirements: a) Comprehensive general liability insurance including bodily injury, property damage liability, personal injury liability, completed operations liability, blanket contractual liability, non-owned automobile and shall contain a severability of interest and cross liability clause to a limit of no less than five million ($ 5,000,000) dollars in respect to any one occurrence. The above-mentioned policy shall be endorsed to include the County of Elgin as an Additional Insured. b) Professional Liability insurance covering all activities as described in the Proponent's Proposal to a limit of no less than two million ($2,000,000) per claim and in the aggregate. Such insurance shall provide coverage for errors and omissions made by the professional in the rendering of, or failure to render, professional services in connection with the Agreement. Upon completion of the work the policy shall remain in force for twelve (12) months. The Proponent must confirm that any property damage, personal injury or bodily injury resulting from an error or omission is considered an insurable loss whether coverage is under the Comprehensive General Liability Policy or the Professional Liability Policy (Errors & Omissions). 19 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES c) Standard OAP 1 Automobile liability policy in the amount of two million ($2,000,000) dollars. d)The aforementioned policies of insurance shall contain or shall be subject to the following terms and conditions: be written with an insurer licensed to do business in Ontario; be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to Elgin County; contain an undertaking by the insurer to notify the County in writing not less than sixty (60) days before any material change in risk or cancellation of coverage. any deductible amounts shall be borne by the Proponent. Prior to the execution of the Agreement and within fifteen (15) business days of the placement, renewal, amendment, or extension of all or any part of the insurance, the Proponent shall promptly provide Elgin County with confirmation of coverage insurance and, if required, a certified true copy(s) of the policy(s) certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Agreement. 4.11 Indemnification The successful Proponent shall indemnify and hold harmless the County of Elgin, its officers, County Council, Employees and volunteers from and against any liabilities, claims, expenses, demands, loss, cost, damages, suits or proceedings by whomsoever made, directly or indirectly arising directly or indirectly by reason of a requirements of this agreement save and except for damage caused by the negligence of the County or their employees. 4.12 WSIB Requirements The successful Proponent shall furnish a WSIB Clearance Certificate prior to commencement of work and agrees to maintain their WSIB account in good standing throughout the contract period. If the successful Proponent is a self-employed individual, partner or executive officer who does not pay WSIB premium and is recognized by WSIB as an "independent operator" a letter from WSIB acknowledging independent contractor status and confirming that WSIB coverage is not required must be provided to the County of Elgin prior to commencement of work. 4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005 The Proponent shall ensure that all its employees and agents receive training regarding the requirements as outlined in the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) as well as the Ontario Human Rights Code. The Proponent is responsible to ensure that all of its employees, volunteers and others for which the Proponent is responsible are adequately trained. In accordance with the Accessibility for Ontarians with Disabilities Act, 2005 Integrated Accessibility Standards Regulation (Ontario Regulation 191/11), the County requires content 20 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES created for the municipality that is to be posted on our website to be provided in a format which is compliant with WCAG 2.0 Level AA requirements. As required under Section 14 of the regulation, any content published on our website after January 1, 2012 needs to be compliant with the WCAG requirements by the timelines set out in the Regulation. It is the successful ProponentÓs responsibility to produce the required documents in an accessible format 4.14 Disqualification The County may, in its sole discretion, disqualify a Proposalor cancel its decision to make an award under this RFP, at any time prior to the execution of the Agreement by the County, if, the Proponent fails to cooperate in any attempt by the County to verify any information provided by the Proponent in its Proposal; the Proponent contravenes one Proposal per Person or Entity; the Proponent fails to comply with the laws of Ontario or of Canada, as applicable; the Proposal contains false or misleading information; the Proposal, in the opinion of the County, reveals a material conflict of interest; the Proponent misrepresents any information contained in its Proposal. 4.15 Record and Reputation Without limiting or restricting any other right or privilege of the County and regardless of whether or not a Proposal or a Proponent otherwise satisfies the requirements of this RFP, the County may disqualify any Proposal from any Proponent, where; In the opinion of the County Solicitor or the Purchasing Coordinator for the County, the commercial relationship between the Corporation of the County of Elgin and the Proponent has been impaired by the prior and/or current act(s) or omission(s) of each Proponent, including but not limited to: a) Litigation with the County; b) The failure of the Proponent to pay, in full, all outstanding accounts due to the County by the Proponent after the County has made demand for payment; c) The refusal to follow reasonable directions of the County or to cure a default under a contract with the County as and when required by the County or itÓs representatives; d) The Proponent has previously refused to enter into an Agreement with the County after the ProponentÓs Proposal was accepted by the County; e) The Proponent has previously refused to perform or to complete performance of contracted work with the County after the Proponent was awarded the contract; f) Act(s) or omission(s) of the Proponent has resulted in a claim by the County under a bid bond, a performance bond, a warranty bond or any other security required to be submitted by the Proponent on an RFP within the previous five years. In the opinion of County Council or the Chief Administrative Officer, or their designate, there are reasonable grounds to believe that it would not be in the best interests of the County to enter into an Agreement with the Proponent, for reasons including but not limited to the conviction or finding of liability of or against the Proponent or its officers or directors and any associated entities under any taxation legislation in Canada, any 21 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES criminal or civil law relating to fraud, theft, extortion, threatening, influence peddling and fraudulent misrepresentation, the Environmental Protection Act or corresponding legislation in other jurisdictions, any law regarding occupational health or safety or the Securities Act or related legislation. 4.16 ProponentÓs Costs The Proponent shall bear all costs and expenses incurred by the Proponent relating to any aspect of its participation in this RFP process, including all costs and expenses related to the ProponentÓs involvement in; the preparation, presentation and submission of its Proposal; the ProponentÓs attendance at the ProponentÓs meeting; due diligence and information gathering processes; site visits and interviews; preparation of responses to questions or requests for clarification from the County; preparation of the ProponentÓs own questions during the clarification process; and, agreement discussions. The County is not liable to pay such costs and expenses or to reimburse or compensate a Proponent under any circumstances, regardless of the conduct or outcome of the RFP Process, including the rejection of all Proposals or the cancellation of the RFP, and including any negligence of the County in the conduct of the RFP process. 4.17 Legal Matters and Rights of the County This RFP is not an offer to enter into either a Bidding contract (often referred to as ÐContract AÑ) or a contract to carry out the project (often referred to as ÐContract BÑ). Neither this RFP nor the submission of a Proposal by a Proponent shall create any contractual rights or obligations whatsoever on either the Proponent or the County. The County may at its sole discretion change or discontinue this RFP process at any time whatsoever. The County may in its sole discretion enter into negotiations with any person, whether or not that person is a Proponent or a Short-Listed Proponent with respect to the work that is the subject of this RFP. The County may at its sole discretion decline to evaluate any Proposal that in the CountyÓs opinion is incomplete, obscure or does not contain sufficient information to carry out a reasonable evaluation. Without limiting the generality of the RFP, the County may at its sole discretion and at any time during the RFP process; reject any or all of the Proposals; accept any Proposal; if only one Proposal is received, elect to accept or reject it; elect not to proceed with the RFP; alter the timetable, the RFP process or any other aspect of this RFP; and 22 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES cancel this RFP and subsequently advertise or call for new Proposals for the subject matter of this RFP. In addition to and notwithstanding any other term of this RFP, the County shall not be liable for any damages resulting from any claim or cause of action, whether based upon an action or claim in contract, warranty, equity negligence, intended conduct or otherwise, including any action or claim arising from the acts or omissions, negligent or otherwise of the County and including any claim for direct, indirect or consequential damages, including but not limited to damages for loss of profit, loss of reputation, injury to property and bodily injury that results from the ProponentsÓ participation in the RFP process, including but not limited to; the disclosure of a ProponentÓs confidential information; the costs of preparation of a Proponents Proposal, whether it is accepted, disqualified or rejected; any delays, or any costs associated with such delays, in the RFP process; any errors in any information supplied by the County to the Proponents; the cancellation of the RFP; and the award of the contract to a Proponent other than the Proponent recommended by the Proposal Review Committee. 4.18 Human Rights, Harassment and Occupational Health and Safety The successful Proponent shall be required to comply with the CountyÓs policies regarding Human Rights, Harassment in the Workplace and Occupational Health and Safety as well as all Provincial and Federal laws, regulations and guidelines regarding Human Rights, Harassment in the Workplace and Occupational Health and Safety. 4.19 Pandemics Refer to section 2.6. 4.20 Clarification The County may require the Proponent to clarify the contents of its Proposal, including by the submission of supplementary documentation, or seek a ProponentÓs acknowledgement of the CountyÓs interpretation of the ProponentÓs Proposal. The County is not obliged to seek clarification of any aspect of a Proposal. 4.21 Supplementary Information The County may, in its sole discretion, request any supplementary information whatsoever from a Proponent after the submission deadline including information that the Proponent could or should have submitted in its Proposal prior to the submission deadline. The County is not obliged to request supplementary information from a Proponent. 23 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES 4.22 Default / Non-Performance The County will reserve the right to determine Ðnon-performanceÑ or Ðpoor qualityÑ of service and further reserves the right to cancel any or all of this contract at any time should the ProponentÓs performance not meet the terms and conditions of the RFP upon 30 days written notification to the Proponent. ÐNon-performanceÑ shall mean the failure to meet the complete terms and conditions of this Contract including, but not limited to, the response time. In the event of such cancellation, the County retains the right to claim damages as a result of such default. If the County terminates the Contract, it is entitled to: a) withhold any further payment to the Proponent until the completion of the work and the expiry of all obligations under the Contract; and b) recover from the Proponent any loss, damage and expense incurred by the County by reason of the default (which may be deducted from any monies due or becoming due to the Proponent). 24 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES APPENDIX A - SAMPLE AGREEMENT THIS AGREEMENT made effective this XXXX day of XXXXXXX, 2025. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN (hereinafter called ÐCountyÑ) OF THE FIRST PART - AND - ___________________________________________________ (hereinafter called ÐConsultantÑ) OF THE SECOND PART WHEREAS on <Insert Date>, the County issued Request for Proposal No. <Insert #> and Addendum No. <X> dated <Insert Date> for <Insert Project Name> for the County of Elgin (the ÐRFPÑ); AND WHEREAS on <Insert Date> the Consultant submitted a Proposal in response to the RFP (the ÐProposalÑ); AND WHEREAS the County wishes to enter into an agreement with the Consultant for the services, as more particularly described in the RFP Terms of Reference, attached hereto as Schedule A forming part of this Agreement (the ÐServicesÑ); NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) now paid by the Consultant to the County and performance of the promises, obligations and covenants herein contained, the receipt and sufficiency of which consideration is hereby irrevocably acknowledged, the Parties hereto covenant and agree as follows: ARTICLE 1 The Consultant shall provide the Services set forth in Schedule Ð1Ñ hereto, including but not limited to satisfaction of all qualifications and requirements as set forth therein; provided that, if there should be any conflict between the text of this Agreement and the provisions of the said Schedule Ð1Ñ, the text of this Agreement shall prevail. ARTICLE 2 The County covenants with the Consultant that the Consultant, having in all respects complied with the provisions of this Agreement, will be paid for and in respect of all the work, at the quoted prices or lump sum amount as detailed in Schedule <#>. ARTICLE 3 The Term of this Agreement is for a three-year term, deemed to commence on or about <Insert 25 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES Date> and expire on <Insert Date>; provided further that the County, in its unfettered discretion, may extend the within Agreement up to an additional XXX (X) years upon mutual agreement between both Parties. ARTICLE 4 A copy of each of the Terms of Reference (as Schedule 1) and Addendum No. 1 (as Schedule 2) are hereto annexed and together with the Consultant Proposal, General Conditions, Proposal Requirements and Information for Proponents relating to the work contemplated herein, even though not attached, all as listed in the RFP document, form part of and are deemed to be incorporated into this Agreement. ARTICLE 5 In case of any inconsistency or conflict between the provisions of this Agreement and the Terms of Reference or General Conditions or RFP or any other document or writing, the provisions of such documents shall take precedence and govern in the following order, namely: a) Agreement; b) Addenda; c) Terms of Reference; d) Consultant Proposal; e) General Conditions; f) Proposal Requirements; g) Information to Proponents. ARTICLE 6 Either Party may terminate this Agreement at any time, without notice or creation of any right to compensation or damages, for just cause, which shall include, without limitation, dishonesty, fraud, willful deceit or failure to properly fulfill the obligations hereunder where such failure is not remedied within ten (10) days after notice of same is given. Notwithstanding that set forth immediately above, either Party hereto may terminate this Agreement, for convenience and without creating any right to compensation or damages, upon giving at least ninety (90) days written notice to the other Party. ARTICLE 7 The Consultant shall indemnify and save harmless the County, including it elected officials, officers, employees and agents and further including their respective heirs, executors, administrators, and assigns (hereinafter collectively the ÐReleaseesÑ) from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs as between a solicitor and his or her own client), interest, or damages of every nature and kind whatsoever as arising from the negligence, errors, omissions, fraud, or willful misconduct of the Consultant, including its officers, employees, servants, agents, and consultants or sub- consultants, or any one or combination of them, as attributable or connected with the 26 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES performance, non-performance, or purported performance by the Consultant of any promise, obligation, or covenant as contemplated by this Agreement, save and except to the extent that same is attributable to or caused by the negligence of the County, its officers, employees, servants, agents, or consultants or sub-consultants, or any one or combination of them. Furthermore, this indemnity shall survive the expiration or termination of this Agreement and continue thereafter in full force and effect. ARTICLE 8 This Agreement together with its Schedule constitutes the entire understanding between the Parties. Any change, addition to, or waiver of the terms hereof must be specifically agreed upon, in writing, and signed by both Parties. Failure on the part of either Party to insist upon the strict observance of any of the terms and/or conditions herein shall not operate as a waiver of such Party's right to require the future observance of any such terms or conditions. ARTICLE 9 The Consultant declares that it has either investigated for itself the character of the work and all local conditions that might affect the Proposal or acceptance of the work, or that not having so investigated, it is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work, or any items thereof, more expensive in character or more onerous to fulfill, than was contemplated or known when the Proposal was made of the Contract signed. The Consultant also declares that it did not and does not rely upon information furnished by any methods whatsoever, by the County or its officers or employees, being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the County. ARTICLE 10 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party at the following addresses: COUNTY: Corporation of the County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 CONSULTANT: ______________________ ______________________ ______________________ 27 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES Either Party may from time to time change its address for service by notice to the other Party as previously set out. For the purposes immediately set forth above, Notices which are served in the manner as set out above shall be deemed sufficiently given for all purposes of this Agreement, in the case of those personally served directly upon the Party to be deemed to have been completed upon the date of service, and in the case of registered mail, on the third postal delivery day following the mailing of the Notice. Should normal service of mail be interrupted by strikes, slowdown or other cause, then the Party sending the Notice shall use any similar service which is not been so interrupted in order to secure prompt receipt of the Notice and for purposes of this Agreement such service shall be deemed to be personal service. ARTICLE 11 This Agreement shall not be assigned, in whole or in part, by either Party hereto without the prior written consent of the other Party. ARTICLE 12 This Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario and, when applicable, the Dominion of Canada. ARTICLE 13 All obligations under this Agreement shall be considered a separate covenant and any declaration of invalidity of any such covenant shall not invalidate any other such covenant. ARTICLE 14 The Contract shall apply to and be binding on the parties hereto, their heirs, executors, successors, administrators, and assigns jointly and severally. (Balance of Page Left Blank Intentionally) 28 Attachment 1 EQUEST FOR PROPOSAL NO. 2025-P36 REGISTERED DIETITIAN SERVICES ARTICLE 15 This Agreement may be executed in several counterparts, each of which, when so executed, shall constitute but one and the same document. This Agreement may also be signed in paper form, by facsimile signature or by electronic signature in accordance with section 11 of the Electronic Commerce Act, 2000 (Ontario). It may also be signed, whether or not in counterpart, scanned to Adobe§ Portable Document Format (PDF) and delivered by way of electronic mail. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals on the day and at the location indicated below or otherwise caused their corporate seals to be affixed, attested by the signature of their proper officers, as the case may be. ) Corporation of the County of Elgin ) ) __________________ ) Per: _________________________ Date: ) Name: Grant Jones ) Position: Warden __________________ ) Location ) ) Per: _________________________ ) Name: Blaine Parkin ) Position: Chief Administrative Officer/ Clerk ) ) We have the authority to bind the Corporation ) ) ) <INSERT CONSULTANT NAME> ) ) __________________ ) Per: _________________________ Date: ) Name: ______________________ ) Position: ____________________ __________________ ) Location ) I have the authority to bind the Corporation 29 Attachment 2 Attachment 2 Attachment 3