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06 - April 23, 2013 County Council Agenda ORDERS OF THE DAY FOR TUESDAY, APRIL 23, 2013 – 9:00 A.M. ORDER 1st Meeting Called to Order 2nd Adoption of Minutes – March 26, 2013 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATION: 9:00 a.m. John Kelly, Vice President, Erie Innovation and Commercialization PowerPoint Presentation titled “The Path to the Future” (Attached) 10:30 a.m. Ceremonial Tree Planting in Honour of Arbor Week, with Warden McWilliam and Chair of St. Thomas-Elgin Arbor Week Committee, C. Frank Lattanzio, south side of the Administration Building near back parking lot (rain or shine). 5th Motion to Move Into “Committee Of The Whole Council” 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration 2) Items for Information (Consent Agenda) OTHER BUSINESS 8th 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items – see separate Agenda 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-Laws 14th ADJOURNMENT LUNCH WILL BE PROVIDED NOTICE: Deputy Warden for April - Councillor Walters Deputy Warden for May - Councillor Mennill May 28, 2013 9:00 a.m. - County Council Meeting (Meeting not th required on May 14) th June 27, 2013 5 Annual Warden’s Charity Golf Tournament - St. Thomas Golf & Country Club November 15, 2013 2013 Warden’s Banquet - Dutton-Dunwich Community Centre 1 Draft COUNTY COUNCIL MINUTES Tuesday, March 26, 2013 The Elgin County Council met this day at the Administration Building at 10:30 a.m. with all members present. Warden McWilliam in the Chair. ADOPTION OF MINUTES Moved by Councillor Walters Seconded by Councillor McIntyre THAT the minutes of the meeting held March 12, 2013 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF – None. DELEGATION William Funston, Advisor, Port Bruce Ratepayers Association, outlined the Association’s concerns about the future of Dexter Line. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the presentation titled “Concerns Re: Closure of Dexter Line” be received and filed. - Carried. Moved by Councillor Mennill Seconded by Councillor Marr THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Community Improvement Planning in Elgin County – General Manager of Economic Development The general manager presented the report regarding the formation of improvement planning areas in the county. Moved by Councillor Wiehle Seconded by Councillor Couckuyt THAT County Council endorse this report in principle; and, THAT the General Manager of Economic Development be directed to consult with local municipalities and the province and report back with his findings including the estimated costs of developing a Master Community Improvement Plan for Elgin County. - Carried. Elgin County Multi-Year Accessibility Plan – Accessibility Coordinator The coordinator presented the plan outlining the county’s next steps to provide accessible services to the public. 2 - 2 - Moved by Councillor Marr Seconded by Councillor Mennill THAT the County of Elgin Multi-Year Accessibility Plan be adopted and posted on the county’s website. - Carried. Tariff of Fees for Land Division Consent Applications – Secretary-Treasurer, Land Division Committee The Director of Engineering Services presented the report regarding proposed new fees for the processing of Land Division Consent Applications. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the report titled “Tariff of Fees for Land Division Consent Applications” dated March 14, 2013 be received and filed; and, THAT the Tariff of Fees for processing Land Severance Applications be amended as follows: a) Increase fees for Application of Consent and Validation of Title from $750.00 to $1,000.00; Increase fees for Application Deferrals from $100.00 to $300.00; and, Increase fees for Changes to Conditions from $50.00 to $100.00 to reflect increased administrative costs associated with the processing of the application; and, b) All other associated fees shall remain the same as those contained in the present fee structure; and, THAT the necessary by-law be prepared. - Carried. Provision of Land Ambulance Services, Proposal No. 02-01-2013 – Purchasing Coordinator The Director of Financial Services presented the report, indicating only one proposal was submitted to the county during the Request for Proposals process. Moved by Councillor Walters Seconded by Councillor Ens THAT the report titled “Provision of Land Ambulance Services, Proposal No. 02-01-2013” dated March 19, 2013 be received and filed. - Carried. Budget Comparison: February 2013 Year-To-Date – Director of Financial Services The director presented the report, highlighting budget performance. Moved by Councillor Jenkins Seconded by Councillor Marr THAT the report titled “Budget Comparison: February 2013 Year-To-Date” dated March 18, 2013 be received and filed. - Carried. YWCA Agreement Renewal – Director of Homes and Seniors Services The director presented the report outlining the terms of agreement for renewal of a contract with the YWCA regarding the use of the pool at Terrace Lodge. 3 - 3 - Moved by Councillor Mennill Seconded by Councillor Couckuyt THAT County Council direct staff to negotiate at minimum a three per cent inflationary increase for the 2013-2014 agreement with the YWCA; and, THAT County Council direct staff to sign the 2013-2014 agreement with the YWCA; and, THAT the report titled “YWCA Agreement Renewal” dated March 18, 2013 be received and filed. - Carried. Policy Revision: Minimizing Restraining of Residents; Use of Restraints and Use of Personal Assistance Devices – Director of Homes and Seniors Services The director presented the report regarding changes in policy on the use of restraints and personal assistance devices in the county’s homes for seniors. Moved by Councillor McIntyre Seconded by Councillor Marr THAT County Council approve the policy regarding Restraints: Minimizing Restraining of Residents: Use of Restraints and Use of Personal Assistance Devices; and, THAT the report titled “Policy Revision: Minimizing Restraining of Residents; Use of Restraints and Use of Personal Assistance Devices” dated March 18, 2013 be received and filed. - Carried. Medication Administration Policy: New and Medication - Self Administration by a Resident: Revised – Director of Homes and Seniors Services The director presented the report on policies regarding medication at the county’s homes for seniors. Moved by Councillor Jenkins Seconded by Councillor Wiehle THAT County Council approve the “Medication Administration” Policy; and, THAT County Council approve the Medication – Self-Administration by a Resident Policy; and, THAT the report titled “Medication Administration Policy: New and Medication Self- Administration by a Resident: Revised” dated March 18, 2013 be received and filed. - Carried. Centennial Avenue Rehabilitation, Central Elgin, East Side Development Area – Director of Engineering Services The director presented the report on the county’s potential involvement in the Centennial Avenue project in the East Side Development Area of Central Elgin. Moved by Councillor McIntyre Seconded by Councillor Marr THAT the report titled “Centennial Avenue Rehabilitation, Central Elgin, East Side Development Area” dated March 19, 2013 be received and filed; and, THAT staff be directed to confirm in writing that the County of Elgin will contribute $1.61 million (estimated cost) for the Centennial Avenue Rehabilitation; and, 4 - 4 - THAT the $0.75 million allocated for Centennial Avenue in the 2017 capital budget be advanced to 2013; and, THAT the 10-year capital plan be adjusted by deferring the resurfacing of John Street ($0.55 million); and, THAT $0.31 million be re-allocated by applying efficiencies from favourable tender results as listed in this report and within the 2013 capital budget to fund the remaining Centennial Avenue project. - Carried. Award of Tenders – Engineering Capital Projects – Deputy Director of Engineering Services The deputy director presented the report regarding eight tenders to be reviewed by County Council on various engineering projects. Moved by Councillor Walters Seconded by Councillor Jenkins THAT MSO Construction Limited be selected for the Asphalt Crack Sealing Tender, Contract No. 6090-13-01 at a total price of $52,800.00, exclusive of contingency allowance and exclusive of HST; and, THAT Roto-Mill Incorporated be selected for the Cold In-Place Recycling with Expanded Asphalt Material Tender, Contract No. 6200-13 at a total price of $1,269,177.00, inclusive of a $40,000 contingency allowance and exclusive of HST; and, THAT Birnam Excavating Limited be selected for the Culvert Sliplining Tender, Contract No. 6290-13-01 at a total price of $139,975.64, inclusive of a $10,000 contingency allowance and exclusive of HST; and, THAT Norjohn Contracting and Paving Limited be selected for Fibreglass Reinforced Chip Seal Tender, Contract No. 6250-13A at a total price of $101,850.00, exclusive of contingency allowance and exclusive of HST; and, THAT D&D Trucking and Construction Services be selected for the Granular A Shouldering Tender, Contract No. 6250-13B at a total price of $98,279.50, exclusive of contingency allowance and exclusive of HST; and, THAT Walmsley Bros. Limited be selected for the Hot Mix Asphalt Tender, Contract No. 6220-13 at a total price of $1,531,182.00, inclusive of a $50,000 contingency allowance and exclusive of HST; and, THAT Duncor Enterprises Incorporated be selected for the Microsurfacing (Type 3) Tender, Contract No. 6250-13 at a total price of $598,830.08, inclusive of a $25,000 contingency allowance and exclusive of HST; and, THAT Elgin Construction be selected for the St. George Street Reconstruction Tender, Contact No. 6200-13-01 at a total price of $342,744.19, inclusive of a $25,000 contingency allowance and exclusive of HST; and, THAT Gary D. Robinson Contracting Limited be selected for the Glencolin Line Bridge Rehabilitation Tender, Contract No. 6290-12-01 at a total price of $264,620.00, inclusive of a $20,000 contingency allowance and exclusive of HST; and, THAT if the cost increases above the tender amount approved by Council by more than 10 per cent, the director will prepare a further report to Council outlining the expenditures; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contracts. - Carried. 5 - 5 - CORRESPONDENCE Items for Consideration 1. Vienna Road Intersection Improvements: The following expressed concerns related to the Highway 3 and Highway 19 (Vienna Road) Intersection Improvements. a) Peter Crocket, Chief Administrative Officer, Oxford County. b) Kyle Kruger, Administrator, Municipality of Bayham. c) C. Valerie Donnell, President, Otter Valley Chamber of Commerce. 2. Western Ontario Wardens’ Caucus, Media Release, titled “Western Ontario Warden’s Caucus launches new web site to capture local broadband needs.” 3. Michelle Casavecchia, Chief Administrative Officer, Township of Malahide, requesting support of a resolution regarding the Ontario Drive Clean Program. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Ens Seconded by Councillor McIntyre THAT Elgin County Council write a letter of support to the Municipality of Bayham regarding Bayham’s concerns of the proposed Vienna Road intersection improvements and the impact on the community; and, THAT Correspondence from Oxford County and from the Otter Valley Chamber of Commerce regarding the proposed Vienna Road intersection improvements be received and filed. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Walters Seconded by Councillor McIntyre THAT Elgin County Council support the initiative by the Western Wardens’ Caucus and encourage public participation in the survey regarding local broadband needs; and, THAT the Warden send a letter to member municipalities to encourage participation in the survey by residents, staff and councillors. - Carried. The following recommendation was adopted in regard to Correspondence Item #3: Moved by Councillor Mennill Seconded by Councillor Jenkins THAT Elgin County Council support the Township of Malahide’s resolution regarding the dissolution of the Ontario Drive Clean Program. - Carried. Items for Information (Consent Agenda) 1. John Lessif, Chair, South Central Ontario region Economic Development Corporation (SCOR EDC) acknowledging receipt of the County’s response regarding continued participation in SCOR’s business model discussions. 2. Joanne Beaton, Acting Executive Director, St. Thomas Elgin General Hospital Foundation, thanking council for its $750,000 installment to the hospital’s Capital Redevelopment Project. 6 - 6 - 3. Melanie Knapp, Assistant Secretary, City of St. Thomas Committee of Adjustment with information regarding a public meeting concerning property of the London District Catholic School Board, 84 Park Avenue, St. Thomas. 4. Michael Barrett, Chief Executive Officer, South West Local Health Integration Network, providing information regarding the new Integrated Health Service Plan 2013-2106. 5. AMO Communications: Breaking News: Provincial Government applauded for improving municipal POA fine collection. Moved by Councillor Marr Seconded by Councillor Couckuyt THAT Correspondence Items #1 – 5 be received and filed. - Carried. DELEGATION Randy Denning, President, Elgin St. Thomas Emergency Medical Services (EMS), presented the 2012 Annual EMS report. Councillor Mennill expressed his appreciation for the quality of service, as did Warden McWilliam. Moved by Councillor Marr Seconded by Councillor Mennill THAT the Elgin St. Thomas Emergency Medical Services 2012 Annual report be received and filed. - Carried. OTHER BUSINESS Statements/Inquiries by Members Warden McWilliam reported he had attended the Ontario Volunteer Service Awards where the county’s Director of Community and Cultural Services was recognized for his service, among others. He expressed his appreciation for the volunteers in the Elgin community. Notice of Motion –None. Matters of Urgency – None. Closed Meeting Item Moved by Councillor McIntyre Seconded by Councillor Mennill THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Section 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board: Tree Violation. - Carried. The Tree Commissioner presented the confidential report on a Tree By-law Violation. Moved by Councillor Jenkins Seconded by Councillor Mennill THAT we do now rise and report. - Carried. 7 - 7 - Moved by Councillor Ens Seconded by Councillor Marr THAT the confidential report titled “Tree Clearing in Municipality of West Elgin, Lot 19, Concession 8” dated March 22, 2013 be received and filed. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Couckuyt Seconded by Councillor Walters THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAW Moved by Councillor Mennill Seconded by Councillor Wiehle THAT By-Law No. 13-09 “Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the March 26, 2013 Meeting” be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McIntyre Seconded by Councillor Walters THAT we do now adjourn at 11:58 a.m. and meet again on April 23, 2013 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Mark McDonald, Cameron McWilliam, Chief Administrative Officer. Warden. 8 ThePathtotheFuture 9 By2020,agricultureinsouth centralOntariowillbe diversified,profitable,and healthywithmanyopportunities fortheruralentrepreneurto flourishandexpand 10 MissionandVision 1.Topursuearegionalapproachtoagricultural diversificationtoensurethecontinuingeconomic stabilityandsustainabilityofthesector. 2.Toharnesstheregionspotentialandbecomea ruraleconomicpowerhouseinOntarioand Canada. 3.ToestablishErieInnovationand Commercializationasastrategicpartnerfor continueddevelopmentofanintegratedand globallycompetitiveeconomicregion. 11 WeSincerelyThank OurFundingPartners AgriculturalAdaptationCouncil OntarioFruitandVegetableGrowersAssociation NorfolkCounty GovernmentofOntario AssociationofOntarioFoodProcessors OntarioAgriFoodTechnologies OxfordCounty UniversityofGuelph VinelandResearchandInnovationCentre GinsengOntario OntarioAsparagus OntarioAppleGrowers OntarioFlueCuringTobaccoGrowers'MarketingBoard 12 ErieInnovationandCommercializationExamples Developingnewmarkets: • Hazelnuts – Biomass – Launchingneworganizations: • OntarioSouthCoastWineriesandGrowersAssociation – OntarioLavenderAssociation – IndividualQuickFreeze(IQF)facility • MarketPlaceAnalysis • LZ2 LZ3 RepurposingofAAFCDelhiResearchStation • 13 Slide 5 LZ2Most of your audience may not know what either of these reports are or why Erie is doingproject management, so I've repurposed some of your terminology from later on in the report which I think sums this up nicely Lilian Zenbook, 08/01/2013 LZ3This is onlyjust in the works (less advanced that anything else on your list) so I would put this at the end. Lilian Zenbook, 08/01/2013 14 WhoAreOurConstituents? 1% Academic 7% 7% Grower 9% Association 5% Processor 1% Retailer 37% ServiceProvider 23% Funder Other 10% Government 15 Whatareoursectors? Food 5% Industrial 23% 44% All AgriTourism 18% Government 10% 16 TheErieInnovationandCommercializationapproach: Innovation Competitiveness Marketdevelopment Collaboration 17 ErieInnovationandCommercializationpublications AccessingtheBroaderPublicSectorMarketplace:LocalFoodHub • BusinessPlan&ImplementationStrategy ErieInnovationandCommercializationandOntarioFederationof • Agriculture(OFA)BiomassBusinessCaseReport AccessingtheMarketplace:DevelopmentofanOptimalFood • DistributionModelfortheSouthCentralOntarioRegion DevelopmentofaRegionalStrategyforErieInnovationand • CommercializationandtheSouthCentralOntarioRegion IQFFacilityintheSouthCentralOntarioRegion: • BusinessOpportunityAnalysis CommercializingInnovation:PushorPull? • 18 IQFFACILITYINTHESOUTHCENTRALONTARIOREGION BusinessOpportunityAnalysis PreparedBy: JohnKelly,Ph.D. VicePresident ErieInnovationandCommercialization OntarioFruitandVegetableGrowers'Association ShelleyImbeault ProjectCoordinator ErieInnovationandCommercialization OntarioFruitandVegetableGrowers'Associatio 19 Reach TheGrower • 15articlesonErieInnovationandCommercializationrelated – activities TotalCirculation‘ r – BiotechnologyFocus • 3articles – TotalCirculation‘ r – ErieInnovationandCommercializationNewsletter • {/š’;L““šÝ·;| 5issues – TotalCirculation‘¸ r – >130presentationsbyErieInnovationandCommercialization • >65inSCOR – 20 Advocacy Life Sciences Ontario Vice Chair Ontario Lavender Association Director Ontario South Coast Wineries and Growers Association Vice President Ontario Ginseng Innovation and Research Consortium Director Bioenterprise Scientific Advisory BoardDirector Institute for Chemicals and Fuels from Alternative Resources (ICFAR)Director Minister of Agriculture, Food and Rural Affairs Innovation Advisory BoardMember OntarioFresh.ca Advisory BoardDirector Canada's Fruit & Veg Tech Xchange Advisory BoardChair International Bar Code of Life Advisory BoardMember Premier’s Summit on AgricultureMember 21 Whathaveweworkedonthathas impactedyou? Marketplaceanalysis AccessingtheMarketplace,AccessingtheBroaderPublicSector IQFFoodProcessingCompany‘5;Œwz SCORBasedRevitalizationConferences 2010‘/9hLifeSciencesOntario,CFOBioEnterprise,RoyalBankLifeSciences; CEOGreenHillStrategy LumiraCapita;,CEONationalAngelCapitalOrg;ManagingPartner, Investeco;VPBioenterpriseCapitalCorp SCORCollaborations HazelnutDevelopment Newopportunitiesfororchardists,research,businesscaseanalysis 22 Whathaveweworkedonthathas impactedyou? GrapeandWineDevelopments EthnicVegetableImplementationandPromotion ResearchCollaborationSupport CropDiversificationImplementation Sweetpotatoes,grapes,seabuckthorn,ethnicvegetables, hazelnuts,Russiandandelion,hops AAFCDelhiResearchStationRepurposing DirectimpactonGinsengandasparagusgrowers /“7x­Fruit&VegTechXchange OMAFRAResearchCommittees 23 Whathaveweworkedonthathas impactedyou? t©;’z;©x­SummitonAgriculture Chair,BusinessCaseWorkingGroupofOntarioMinistry ofAgriculture,FoodandRuralAffairs/OntarioPower GenerationSteeringCommittee OntarioLavenderAssociation OntarioSouthCoastWineriesandGrowersAssociation Agricultureaz“z­·;©x­IndustryInnovationRoundtable OntarioHazelnutAssociation 24 Whathaveweworkedonthathas impactedyou? UniversityofGuelphSimcoeCampussupport Adjunctprofessor,DepartmentofPlantAgriculture Supportforregionalbasedfaculty Commercializationsupportforvarioustechnologies RussianDandelion‘5©uDaveWolyn Hazelnuts‘5©uAdamDale,Dr.ToktamTaghavi Grapes‘5©uAdamDale,Dr.AliRahemi Lavender‘5©uAlanMcKeown,Dr.SeanWesterveld SweetPotatoes‘5©uMelanieFilotas Biomass‘5©uReneVanAcker,Dr.BillDeen 25 LeveragingInvestment! ErieInnovationandCommercializationResearchandGrantWork $3,884,395 SCORCountyimpactexamples AccessingtheMarketplace,BroaderPublicSector,Ethnic VegetableSupport,ElginSpeakingEngagements,SCOR Revitalization,InnovationCentreofElgin,IRAP,Lavender,Grape andwinesupport,biomass(miscanthus,switchgrass, polyculture),bioeconomy,Industryandpublicnetworks, companywork EventManagementimpactingElginCountywithseveralatICE: 3.5years‘ eventsinSCOR 26 OurPathtotheFuture GrowingForward2‘5yearagreementbetween thefederalandprovincialgovernments ContinuedassociationwiththeOntarioFruitand VegetableD©šÞ;©­x!­­š-z·zš“ 27 SubThemes WorkingfromaValueChainApproach DiversificationofOpportunities DevelopInternationalAgricultureandAgriFood Opportunities DevelopmentofWorkingRelationshipsAmongst LikeGrowers BusinessandMarketExpansion PartnershipDevelopment 28 ProposedActivities Developmentofaninvestabilityprofileforopportunities. EvaluationofContractManufacturingorPartnered o ExtractionFacility DevelopHazelnutaggregationcapacity o Establish5companyopportunitiesperyear o Identifytheirkeystosuccessforprocessorsandgrowers ProcessingInitiatives‘­Ò¦¦š©·forfoodandotherformsof agriculturalprocessing Developacultureofentrepreneursandcommercialization ProjectManagement 29 Collaborativeapproachestoapplieddevelopment • ofprojects CommercializationActivities • Accesstocapitalopportunities‘-Ò©©;“·privateand – publicfundingsources Relentlesslysearch,evaluateanddevelopcommercial – opportunitiesinthefood,healthandbioeconomy sector Connectentrepreneursandsectordevelopers‘ – networkingandcollaborationwillbeessentialfornew developments. 30 Outreach • Withkeystakeholderscreateforumswherebythe – ruralentrepreneurcanbetrainedonwhatittakesto besuccessful. Createcommunicationprogramsfortheruraland – smallurbanentrepreneur(web,webexandwebinar, newsletter,eventmanagement,Facebook,LinkedIn, Twitter) Partnershipandcollaborationwithkey • agriculturalinnovationorganizationswillenhance thecommercializationopportunityattheground level. 31 Investmentportfoliodevelopment • creationofa{ŒzÝz“m|7·,­;ofinvestible – opportunitiesinsmallurbanandruralcommunities. AgriculturalpartneringwithfiveRegional • InnovationCentres(RICs)andworkingwiththem tofocusonagricultureacrosstheprovince. Entrepreneurialtraining • focusedtrainingsessionsalongthevaluechain – 32 OntarioFruit&Allianceof Life Ontario VegetableOntario Sciences AgriFoodOntario D©šÞ;©­x!­­x“ Food Bioenterprise Ontario TechnologiesCentresof Processors Excellence Ontario Ontario Soil&Crop Federationof Vineland Soy20/20 Improvement Agriculture Research !­­x“ &Innovation Centre Private 9©z;L““šÝ·zš““7 Sustainable Companies Chemistry Ontario /š’’;©-zŒzé·zš“ MaRS Alliance Chamberof &ONE b;·Þš©‰ Commerce Network Universityof ValueChain (RICs) Guelph Management Centre ELGIN Western COUNTY Trent University Agriculture& Western University AgriFood Ontario Canada Fanshawe Wardens OntarioMinistry Universityof College ofAgriculture&, Conestoga Toronto Food&Ministry College SCOR ofRuralAffairs 33 ErieInnovationandCommercializationwill • continuetobefocusedonthedevelopmentof projectsthathaveIMPACTthroughthe substantial networks,partnershipsand collaborations thathaveledtothisorganizations success. OuractivitieswillbetransformativetoOntario, • resultinginamorediversified,healthyand prosperousagriculturalandfoodeconomyinthe province. 34 OurAsk EnhancedpartnershipwithElginCounty • throughGrowingForward2 Involvementwithouroperationandactivities • overthenext5years ContinueddirectionontheErieInnovationand • CommercializationEconomicDevelopment AdvisoryBoardthroughEconomicDevelopment 35 ThePathtotheFuture 36 REPORTS OF COUNCIL AND STAFF rd April 23, 2013 Staff Reports – (ATTACHED) General Manager of Economic Development – Regional Economic Development Memberships Purchasing Coodinator – Procurement Policy Revisions Manager of Information Technology – Central Elgin Information Technology Support Request Court Services Supervisor – Provincial Offences Act (POA) Unpaid Fines – Legislation Director of Financial Services – Budget Comparison – March 2013 Manager of Archives – Elgin County Archives – Recent Acquisitions and Activities Director of Community and Cultural Services – 2013 International Plowing Match Agricultural Legacy Scholarship Director of Engineering Services – Awarding Tenders: New Dutton Emergency Medical Services (EMS) Base; Bobier Villa Generator Replacement; and Largie Bridge Replacement, Dutton/Dunwich Director of Engineering Services – Signage Removal and Installation, Contract No. 6260-13-10A Director of Engineering Services – Emergency Medical Services Chiefs of Canada National Database Data Sharing Agreement Director of Human Resources – Service Recognition Awards Director of Homes and Seniors Services – Terrace Lodge Fire Safety Inspection Director of Homes and Seniors Services – Community Integration – Network Services Agreements 37 REPORT TO COUNTY COUNCIL FROM: Alan Smith, General Manager of Economic Development Kate Burns, Business Development Coordinator DATE: March 21, 2013 SUBJECT: Regional Economic Development: Memberships INTRODUCTION: Regional economic development is important for a number of reasons, including providing smaller regions an opportunity to work together to have a larger presence in both lobbying efforts and investment attraction. Elgin County has been a member of the Southwest Economic Alliance since 2011 and is in the process of renewing this membership. As well, Economic Development has become a member of the Ontario Food Cluster. DISCUSSION: The County of Elgin began its formal participation with SWEA in 2011. This regional organization actively promotes what it calls “The New Southwestern Ontario”. SWEA's role is to link governments, business and industry, as well as the academic sector to create a common vision for the region and encourage cooperative action in order to generate growth and prosperity. The Alliance is governed by a ten member board of directors. Over the past year, SWEA continued its advocacy efforts in order to build capacity and attract resources to the region. In this regard, SWEA cites the launch of the Southwestern Ontario Development Fund as a key achievement. Over the next five years, SWEA has the intention to fund and launch an Intelligent Region project. Four working groups have been created for 2013 each tasked with at least one key initiative for the year. Of particular interest is the Economic Development Committee now chaired by the President of the London Economic Development Corporation. Appendix One provides an overview of SWEA’s current and future initiatives. The cost of membership is $4000 (not including HST) which has been included in the approved 2013 Economic Development operating budget. As in previous years, Elgin County is a voting-member, receiving three votes from appointed individuals; Warden, Councillors, or staff. It should also be noted that as a voting-member the County receives a seat on the Advisory Council which is made up of one representative from each county/separated city; one representative from each university and community college, ten reps from the private sector and five reps from the not-for-profit sector. The council normally meets twice each year. Councilors’ Walters and McWilliam, and the General Manager of Economic Development comprised Elgin’s voting members in 2012. 38 The Ontario Food Cluster is a partnership of government and economic development organization in southern Ontario dedicated to attracting agri-food company investment to the member communities. The Ontario Food Cluster is among the three largest food and beverage processing jurisdictions in North America and the largest in Canada. The organization comprises eleven regional, city and community members and three provincial and federal government partners. The activities for the OFC in 2013 include; attending SIAL Canada in Toronto, April 30 – May 2; attending SIAL Brazil, June 25 – 28; attending ANUGA in Colgne Germany October 5 – 9; a prospecting tour to the Midwest in the fall as well as consulate and embassy outreach. Elgin County had confirmed participation in SIAL Toronto and is looking into participating in the prospecting tour to the Midwestern United States in the fall. The cost of membership in the Ontario Food Cluster is $5000 which has been included in the approved 2013 Economic Development operating budget. CONCLUSION: Both the Ontario Food Cluster and the Southwest Economic Alliance provide Elgin County with a strategic advantage in regional economic development. These organizations provide Elgin with partnership opportunities and allow Elgin to reach a much wider audience then if on our own. By appointing three voting members and an indivdual to the Advisory Council of SWEA, through 2013, the County is maintaining its commitment to regional economic development while continuing to play a role in the future of Southwestern Ontario. There are a number of promising initiatives to be undertaken by SWEA this year which have the potential of benefiting the region including Elgin County. RECOMMENDATION: THAT Elgin County Council appoints the General Manager of Economic Development, and the following two members of County Counciland as 2013 voting members of the Southwest Economic Alliance; and THAT the General Manager of Economic Development, be appointed to the Southwest Economic Alliance Advisory Council for 2013. All of which is Respectfully Submitted Approved for Submission Alan Smith Mark G. McDonald General Manager of Economic Development Chief Administrative Officer Kate Burns Business Development Coordinator 39 One Strong Voice for Southwestern Ontario January 29, 2013 Board of Directors 2012-2013 Your 2013 SWEA Voting Membership Renewal Peter White, Chair During the past year, SWEA continued in its efforts to build cap President, London Economic Development Corporation attract resources to the region. Advocacy for and eventual launch of the Don McKay, Vice Chair Southwestern Ontario Development Fund was a key achievement. Warden, County of Oxford; Mayor, East Zorra-Tavistock Helping the region recast itself as a knowledge-based, creative Don Mumford, Treasurer economy is central to our work for the next several years. This direction Regional Vice President, Radio & TV Operations has been clearly articulated by members and our Advisory Council Bell Media – Ontario the past two years. Ron Gaudet, Secretary Innovation Strategies, University of Windsor SWEA announced its intention to fund and launch an Intelligent Region project to run five years, from 2013 to 2017. Designed to engage our Wayne J. Caldwell Director, School of communities to make full and innovative use of information and Environmental Design & Rural communications technologies as a means of transforming their Development, University of Guelph economies, it is a perfect complement to the efforts of the Western Dan Gieruszak h“·©zš ‘©7;“­x /Ò-Ò­ ·š ,©z“m ;“-w“-;7 ,©š7,“7 -¦-z·ä ·š Transformation Services Group the region. John Grace Deputy Mayor The SWEA board gave itself increased focus by creating four work Town of Goderich groups, each tasked with at least one key initiative for 2013 an Harry Joosten Corporate Secretary, beyond. Apart from the Intelligent Region Working Group, chaired Libro Financial Group Stratford mayor Dan Mathieson, the groups include: Gemma Mendez-Smith Academic Research, chaired by Prof. Wayne Caldwell, Director, Executive Director, Four County School of Environmental Design & Rural Development, University Labour Market Planning Board of Guelph; Lance Thurston Chief Administrative Officer Economic Development, chaired by Peter White, President of Grey County LEDC; Serge Lavoie Private Sector Engagement, chaired by Harry Joosten, corporate President, SWEA secretary, Libro Financial Group. A list of Working Group initiatives for 2013 is attached. 95 Metcalfe Street, St. Thomas ON N5R 3K6 | Phone 519-859-7763 40 The SWEA board has also committed to undertake a full governance review in time for the 2013 AGM scheduled for June 13 in Goderich. In this process, SWEA will seek to give appropriate levels of representation to its three core stakeholder groups: muncipal governments, the academic sector and the private sector. ! -©z·z-Œ Eš-Ò­ šE {‘9!x­ ޚ©‰ ·wz­ ä;© ÞzŒŒ ,; ·š Œ;Ý;©m; ’;’,;©­x z“Ý;stments in the alliance to attract targeted funding from the private sector, foundations, individuals and other levels of government. SWEA membership fees for 2013 remain unchanged. In fact, they have been at the same level since 2008. Your board is committed to finding the resources it needs for its ambitious programs from other sources. !­ Þ; ;“·;© ·wz­ z“·;“­; ¦w­; šE {‘9!x­ 7;Ý;Œš¦’;“·r Þ; ©; -šÒ voting members. With this in mind, we formally request an opportunity to present our plans to your council, its economic development committees and senior staff. To be effective and successful, we need to know your needs better. We also want to explain the unique mult-sector vision at the heart of this Alliance. We look forward to working with you in 2013 and beyond. If you have questions or comments, please contact me at any time. Sincerely, SOUTHWEST ECONOMIC ALLIANCE Serge Lavoie, President 95 Metcalfe Street, St. Thomas ON N5R 3K6 | Phone 519-859-7763 41 SWEA Key Undertakings for 2013 The following table identifies priority projects and objectives for 2013 along with the Working Group responsible for achieving them. Initiative or Target Committee Seek provincial and federal funding ofup to $150,000 annually, for a Intelligent Region Working 4 year commitment, for Intelligent Region Initiative. Group Seek up to $150, 000 in annual sponsorship, for a three year Private Sector Engagement WG commitment, from private sector partners to co-fund the Intelligent (lead) Region Initiative. Intelligent Region Seek endowment for SWEA Chair of Regional Economic Development Academic WG (lead) for Southwestern Ontario in partnership with University of Guelph. EDO Working Group INITIATIVE OFFICIALLY LAUNCHED JANUARY 2013 Seek funding & establish a Knowledge Transfer Portal to link all of the Academic WG ©;mzš“x­ ғzÝ;©­z·z;­ “7 -šŒŒ;m;­ Eš© ©;­;©-w ©;Œ·z“m ·š š© ­ of economic development in Southwestern Ontario Seek private sponsorship for, and launch, the SWEA Region Economic Private Sector Engagement WG Review r  ’š“·wŒä ;-š“š’z- {7­w,š©7| Eš© 95h­u (lead) EDO Working Group {9/…w95 ‘ [!…b/I {9 Chw !twL[ Governance Renewal: Executive Committee: Consult broadly with current and prospective members to arrive aChair, Vice Chair, Treasurer, new governance model that will balance the needs of Voting Secretary & President Members and Associate Members with regards to their formal representation on the board. Bring recommendations to 2013 AGM. Voting Member Recruitment: Executive Committee Make formal presentations to all Counties & Separated Cities in EDO Working Group SWEA zone within the first 90 days of 2013 with a view to increa membership participation. Target: attract three new voting members. Associate Member Recruitment: Private Sector Engagement WG (lead) !7š¦· “;Þ {EŒ··;©| ©·; -©7u Academic WG Recruit 20 additional corporate or institutional associate Intelligent Region WG members. Academic Research Working Group Chair: Prof. Wayne Caldwell, University of Guelph Economic Development Working Group Chair: Peter White, President LEDC Intelligent Region Working Group Chair: Mayor Dan Mathieson, Stratford Private Sector Engagement Working Group Chair: Harry Joosten, Corporate Secretary, Libro Financial Group Southwest Economic Alliance -- h“; ­·©š“m ݚz-; Eš© {šÒ·wÞ;­·;©“ h“·©zš 95 Metcalfe Street, St. Thomas, ON N5R 3K6 519-859-7763 www.swea.ca 42 TO: Jan. 18, 2013 Alan Smith Invoice: 601 Director, Economic Development Elgin County DESCRIPTION AMOUNT SWEA Voting Membership Dues for calendar 2013 $4,000 County/municipal population 25-50,000 Your municipality is entitled to three (3) voting representatives HST $520 TOTAL $4,520 SWEA Voting Membership dues are based on population counts from the 2011 census. See accompanying rate card for dues levels and definitions. If you believe the above noted dues amount is not accurate, contact Serge Lavoie (slavoie@swea.ca) or phone 519-859.7763. HST #856609151RT0001 Make all cheques payable to SWEA Inc. Thank you for your investment in SWEA! Southwest Economic Alliance, 95 Metcalfe Street, St. Thomas ON N5R 3K6 43 SWEA Voting Membership 2013 The Voting Member Rate Card is based on the following: Membership is open to Counties, Regional Municipalities, Separated Cities and Lower Tier Municipalities within the specified 15 county SWEA zone (as by-laws) When a County or Regional Municipality joins, membership is automatically extended to all Lower Tier Municipalities (excluding Separated Cities). Separated Cities and Lower Tier Municipalities may become members regardless if their counties are or are not members. Separated Cities and Lower Tier Municipalities may combine their memberships with their home counties and share the allotted voting reps. For the purposes of assessing dues, the population of any County population of all of its municipalities, even if some or all of its lower tier municipalities are members (separated cities excluded). Voting Member Rate Card Population Annual DuesVoting Reps Under 10,000 $1,0001 10,000 to 25,000 $2,0002 25,000 to 50,000 $4,0003 50,000 to 100,000 $5,0005 Over 100,000 $10,0005 Voting Members are eligible to appoint one or more Voting Representatives as set out in the rate card above. These may be any combination of elected official, staff member, or community representative (such as university or college personnel, individuals from the private sector or from any not for profit organization. Voting Representatives make all key decisions at the appointment of the board and officer positions. In addition, counties and separated cities holding membership ar SWEA Advisory Council. Member counties or municipalities may appoint an elected official, staff member or any representative from the community at large to represent themis Council meets at least twice each year and gives direction and guidance to the board on strategic matters. For further information about Voting Membership, contact SWEA President Serge Lavoie (slavoie@swea.ca or 519-859-7763) SWEA Voting Membership Rates and Information 2013 44 Voting Membership Information 2013 Voting Members are Counties, Separated Cities and Lower Tier Municipalities. Each member should supply at least two Key Contacts for inclusion in our database. These are typically senior staff such as CAO, clerk, etc. Key Contacts do not have a vote, unless their names are specifically included in the Voting Repre list as well (see below). Add or delete Key Contacts in the table below, as r NAME OF MUNICIPALITY County of Elgin CURRENT KEY CONTACTS NAME TITLEEMAIL Mark McDonald CAOmmcdonald@elgin-county.on.ca Susan McConnell Administrative Services Coordinatorsmcconnell@elgin-county.on.ca In addition to Key Contacts, members are entitled to up to five level (see accompanying Rate Card). You are encouraged to include elected officials such as the warden or mayor, as well as economic development officers or other community stakeholders. Voting Members are entitled to attend the Annual or Special General Meetings of SWEA and cast votes on all issues raised there. Add or Delete Voting Representatives in the table below, as required. CURENT VOTING REPRESENTATIVES NAME TITLE EMAIL Bill Walters Mayor, Central Elgin bwalters@elgin-county.on.ca Cameron McWilliam Mayor, Dutton/Dunwich cmcwilliam@elgin-county.on.ca Each Voting Member is entitled to one representative on the SWEA Advisory Council which meets twice each year to consider matters of policy which will guide the operations of the SWEA Board of Directors. Representatives are usually senior level elected or non-elected officials such as mayors, wardens or CAOs. CURRENT ADVISORY COUNCIL REPRESENTATIVE Alan Smith General Manager, Economic asmith@elgin-county.on.ca Development Please return all completed forms to SWEA, 95 Metcalfe Street, St. Thomas, ON N5R 3K6 or by email to slavoie@swea.ca. PRIVACY POLICY: by inclusion on this form, all named representatives agree to receive SWEA correspondence via email. Our database is never shared, rented or sold to outside organizations. SWEA Voting Membership Rates and Information 2013 45 December 2012 Partnership seeks to establish Chair in Regional Economic Development for Southwestern Ontario In a move designed to encourage more research on issues that will positively impact the economic growth of Southwestern Ontario, the Southwest Economic Alliance (SWEA) and the Ontario Agricultural College have announced a joint initiative to establ Development for the region. Once endowed, the Chair will be hosted at the University of Guel College in the School of Environmental Design and Rural Development. It will be guided by a regional advisory board established by SWEA in conjunction with the college. The chair is expected to be a hub for leading information related to economic development in Southwestern Ontario and to be recognized as a champion for development in rural and small urban regions. Five guiding objectives have been established: 1.Establish Southwestern Ontario as a defined economic region of the province. 2.Define and strengthen the links between rural/small urban/large urban, making the case for an integrated regional economy. 3.Identify the opportunities and gaps that defi“; ·w; ©;mzš“x­ EÒ·Ò©; ;-š“š’z- 7;Ý;Œš¦’;“· direction (ongoing SWOT). 4.Identify policies that would enhance those opportunities and lessen the impact of threats and weaknesses. 5.Create links and cooperation among the regiš“x­ ­;-š“7©ä z“­·z·Ò·zš“­ “7 ©;­;©-w facilities to enhance their value and relevance to regional economic development. {w; ғz¨Ò; ©Ò©ŒÒ©,“ ’z㠚E {šÒ·wÞ;­·;©“ h“·rio creates enormous opportunity for economic m©šÞ·wr| ­··;­ 5š“ a-Yär Ýz-; -wz© šE {‘9! “7 ‘©7;“ šE hãEš©7 /šÒ“·äu {‘;x©; Eš©·Ò“·; ·š have the Ontario Agricultural College as our partner in this undertaking. The college clearly understands the dynamics of rural a“7 ©;mzš“Œ ;-š“š’z- 7;Ý;Œš¦’;“·u| Southwest Economic Alliance h“; ­·©š“m ݚz-; Eš© {šÒ·wÞ;­·;©“ h“·©zš 95 Metcalfe Street, St. Thomas, ON N5R 3K6 519-859-7763 www.swea.ca 46 "We are very excited to work with the Southwest Economic Alliance in establishing support for this important position for rural Ontario," explains Rob Gordon, Dean of the Ontario Agricultural College. "We feel our university is the perfect institution to host this chair. I look forward to seeing the position come to fruition and the leadership development opportunities it will create." .;mz““z“m z“ ;©Œä r {‘9! ÞzŒŒ ­;· šÒ· ·š ©z­; ·w; Eғ7­ “; and all related expenses for outreach, advocacy, training, research and analysis. It is expected that investments will come from a combination of public and private s The School of Environmental Design and Rural Development (SEDRD)within the Ontario Agricultural College at the University of Guelph has more than 30 years of experience working in community economic development and applied community research, outreach and teaching with a breadth of expert faculty based within the school. OAC has over 135 years of experience in agricultural and rural research, outreach and teaching including product and technology development and environmental and resource management. OAC and SEDRD have strong traditions of working in rural areas, with rural-based businesses and have strong ties and long lived partnerships in the Southwestern Ontario region. The Southwest Economic Alliance is an innovative partnership of municipalities, post secondary institutions and private sector organizations designed to transform the economy of Southwestern Ontario through leadership and cooperation. Established in 2006, the organization has undertaken research and advocacy, regional brand building and projects to support investment. Among its initiatives, SWEA is coordinating a push to have Southwestern On Intelligent Region through the introduction of ultra high speed and the adoption of cutting edge Information and Communications For additional information, contact: Serge Lavoie, SWEA President slavoie@swea.ca 519-859-7763 Dr. Rene Van Acker, Ph.D., P.Ag. Associate Dean, External Relations, Ontario Agricultural College vanacker@uoguelph.ca 519 824 4120 Ext. 53533 Southwest Economic Alliance h“; ­·©š“m ݚz-; Eš© {šÒ·wÞ;­·;©“ h“·©zš 95 Metcalfe Street, St. Thomas, ON N5R 3K6 519-859-7763 www.swea.ca 47 REPORT TO COUNTY COUNCIL FROM: Sonia Beavers, Purchasing Coordinator DATE: April 2, 2013 SUBJECT: Procurement Policy Revisions INTRODUCTION: The Procurement Policy has been in place since 2005 with some revisions implemented in the last seven years. Due to increase public awareness and on-going changes to public policy and laws, staff have reviewed the procurement policy to address these issues. DISCUSSION: Staff has had the opportunity to work with the policy to evaluate the effectiveness and integrity of the process. The revisions to the policy are structured to address changes to public policy and laws and to create efficiencies while promoting and maintaining the integrity of the procurement process. The policy protects Council, vendors and staff involved in the process. The revisions will provide clear direc Council, vendors and staff. The main topics addressed are as follows; a) Budget approvals - the addition of the process is to give clear direction to staff. b) Increase in Procurement Dollar Value  cost associated with staff involvement on incremental tenders and impact it has on project time. c) The Accessibility for Ontarians with Disabilities Act - Regulation was revised. d) Performance Security Certificates - the current policy states 100% Performance Bond and 100% Labour and Materials Bond  revision to read 100% Performance Bond and 50% Labour and Materials Bond. Due to high costs of obtaining the bonding requirements, most municipalities have lowered the percentage required. The final payment is held back as per the Building and Construction Industry Payment Act. Should an issue arise, the final payment for the project will not be released. e) Security Requirements - Revised policy clearly indicates for which projects security will be required. f) Contractor Performance Appraisal System - was approved by Council on November 13, 2012. To be open and fair to all contractors, the Contractor Performance Appraisal System is now included in the policy. g) Advertising of Tenders - has been updated to include advertising bids electronically as determined annually by the Director of Financial Services or designate. h) Appendix A - Revisions provide clear direction to staff regarding the levels of contract approval authority. i) Appendix B - Goods and Services Not Subject to Policy  has been deleted. 48 All professional and skilled services, such as but not limited to banking, consulting, legal are subject to this policy. j) Appendix C - Definitions  additions to the list. CONCLUSION: The County of Elgins Procurement Policy was developed in 2005. Due to increase of public awareness and on-going changes to public policy and laws, procurement policy to ensure the policy continues to protect Council, vendors and staff involved in the process by providing clear direction and accountabilities. The revisions to the policy are structured to create efficiencies while promoting and maintaining the integrity of the procurement process. RECOMMENDATION: THAT the report titled Procurement Policy Revisions dated April 2, 2013 be approved. All of which is Respectfully Submitted Approved for Submission Sonia Beavers Mark G. McDonald Purchasing Coordinator Chief Administrative Officer Jim Bundschuh Director of Financial Services 49 County of Elgin Policy # 2005-01 Financial Services - Purchasing SCHEDULE "A" By-Law No. 05-10 CORPORATION OF THE COUNTY OF ELGIN PROCUREMENT POLICY 1.0 OBJECTIVE 1.1 This policy outlines the processes to be followed in order to obtain the best value when purchasing goods, or contracting services for the County of Elgin. The guiding principle is that procurement decisions will be made using a competitive process that is open, honest, fair and impartial. 1.2 The Procurement Policy will promote and maintain the integrity of the purchasing process and protect Council, vendors and staff involved in the process by providing clear direction and accountabilities. The procedures described in this Policy shall be followed to make a contract award or to make a recommendation of a contract to County Council. 1.3 The Council of the Corporation of the County of Elgin recognizes its responsibility for reviewing and updating the existing Purchasing Policy to ensure compliance with respect to The Municipal Act, 2001, Part VI, Section 271, as amended. 2.0 PURCHASING RESPONSIBILITIES/AUTHORITY 2.1 To protect Council and the integrity of the Procurement process, the procurement process will be free from political influence or interference. Council will appoint staff to ensure the procurement process remains open, fair and transparent. 2.2 County Council has ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. Payment for any item that has not been authorized by Council through budget appropriation or specific resolution will not be permitted. This purchasing policy provides guidelines outlining how spending authority is to be used. Levels of contract approval authority are also summarized in Appendix “A”. 2.3The Director of the Department shall be responsible for approval of accounts within the approved budget for their department including any amendments to the budget as approved by Council. 2.3 Budget approvals by Council, of capital works and operating expenditures shall constitute authorization for any purchase of materials and services necessary to carry out work within the approved cost of an approved project, provided such purchases are made in accordance with this Procurement Policy. The requisitioning Department, in conjunction with the Purchasing Coordinator, will ensure that the Goods and Services are properly approved and that funds are available. 2.4 Where expenditures estimates approved in the budget have been subject to Quotations, Tenders or Request for Proposals which subsequently quote an amount greater than the estimated expenditure for that item, notice of a staff report regarding such amendment to the budget shall be included in the Report to Council. 2.5 New projects that have not been included in the annual budget shall be detailed in a staff report regarding amendment to the budget shall be included in a Report to Council. 2.6 Normal operating costs incurred prior to the adoption of the annual budget shall not require approval of such expenditures shall be deem ratified upon the adoption of the annual budget. 1 50 County of Elgin Policy # 2005-01 Financial Services - Purchasing 2.7 It is the responsibility of the user Department to enforce any terms, conditions and specifications from the award of any Contract resulting from the purchasing process. Where terms, conditions or specifications are not being adhered to, the user Department may request the Purchasing Coordinator to contact the supplier and attempt to negotiate to have said deficiencies corrected. 2.84 Prior to Council's approval of the current Budget a Department may incur normal operating expenditures up to 40% of the previous year's Budget. Directors will have the authority to solicit bids prior to the approval of Council. 2.95 Resolutions approving budget amendments, capital expenditures or special appropriations shall contain purpose of expenditure, cost estimates or expenditure limitation, and the fund in which an appropriation has been provided. 2.106 The Director may appoint a Purchasing Designate to exercise any or all responsibilities assigned in this policy. 2.11 The signatures of the Warden and Chief Administrative Officer, when legally required, are necessary on all Agreements to purchase, lease or Contract for Goods or Services. 2.127 During the public procurement process, in-house bids will not be considered. 2.138 The Director of Financial Services may review departmental purchases on an ongoing basis to review the effectiveness and integrity of the process and policy adherence. This Policy will be reviewed and revised on a periodic basis. It is anticipated that reviews will be conducted every five years or more frequently as required. 2.149 Goods and Services that are not subject to this By-Law are listed in “Appendix B”. 2.150 For bids valued at $50,000.00 or less, the Director may award a contract provided that Financial Services is in receipt of a Quotation Request Form, the product or service is contained within the approved budget and the requirements of the Procurement Policy are met. Guidelines/Goals to assist Director’s or their designate who choose to exercise this authority are included in “Appendix E”. 2.161 Despite any other provision of this Policy, the following contracts are subject to County Council approval; i. any contract requiring approval from the Ontario Municipal Board, ii. any contract prescribed by Statute to be made by Council, iii. where the cost amount proposed for acceptance is 10% greater than the County Council approved budget for that expenditure or where the expenditure would result in insufficient remaining funds in the project budget to complete the project as budgeted, iv. where the net revenue amount proposed for acceptance is lower than the County Council approved budget; v. where a substantive objection emanating from the bid solicitation has been filed with a Director; vi. where a major irregularity precludes the award of a tender to the supplier submitting the lowest bid. 3.0 METHODS OF PROCUREMENT 3.1 CO-OPERATIVE PURCHASING 3.1(1) The County shall participate with other government agencies or public authorities in Co-Operative Purchasing where it is in the best interest of the County to do so. 2 51 County of Elgin Policy # 2005-01 Financial Services - Purchasing 3.1(2) The decision to participate in specific Co-Operative Purchasing agreements will be made by the Purchasing Co-Ordinator. 3.1(3) The policies of the government agencies or public authorities calling the co-operative tender are to be the accepted policy for that particular tender. The Purchasing Coordinator shall have the authority to join or participate with other units of government including local boards, commissions and agencies in Cooperative Purchasing, tendering and bulk buying of Goods and Services. 3.12 THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACTONTARIANS WITH DISABILITIES ACT (AODA )2001) 3.1 (2) In deciding to purchase goods or services through the procurement process for the use of itself, its employees or the public, County Council, to the extent possible, shall have regard to the accessibility for persons with disabilities to the goods or services. 2001,c32,s.13.(Ontario Regulation 191/11) 3.23 ENVIRONMENTAL CONSIDERATIONS 3.23 (1)In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, acquisitions of goods and services, specifications will provide for expanded use of durable products, reusable products and products(including those used in services) that contain the minimum level of post consumer waste and/or maximum level of recyclable content without significantly affecting the intended use of the product or service. 3.4 LOWER TIER PARTNERSHIPS – MISCELLANEOUS CAPITAL PROJECTS 3.4(1) The County of Elgin may acquire goods or services for road maintenance projects without the solicitation of bids from the lower tier municipalities within Elgin County, as an extension of the existing Road Maintenance Agreements, and when it is deemed in the best interest of the Corporation. 3.35LOW DOLLAR VALUE PROCUREMENTSSMALL ORDER PURCHASES (Up to $15,000) 3.35(1) Procurements up to $15,000 shall be considered low dollar value procurements. 3.3 (2) All low dollar value procurements shall utilize applicable County contracts and shall otherwise be in accordance with this policy. 3.3 (3) The Director may delegate approval authority to their staff for low dollar value procurements. It is the responsibility of the respective Director to ensure that the Procurement Policy is adhered to.and/or designate shall be authorized to make Small Order Purchases of goods and services up to an amount of $10,000.00 from such vendor and upon such terms and conditions as the Director deems appropriate. 3.3 (4) All information on low dollar value procurements must be documented and maintained on file. 3.3 (5) Low dollar value procurements do not require an RFQ, RFP or RFT. Obtaining competitive quotes is considered a good business practice and should be obtained. 3.3 (6) Purchasing may conduct reviews to ensure the requirements of this section and all other applicable sections of this Policy have been met. 3.6 REQUEST FOR QUOTATION 3 52 County of Elgin Policy # 2005-01 Financial Services - Purchasing 3.6(1) Informal or Formal Request for Quotation procedures shall be used where: i. the item is greater than $10,000.00but not greater than $100,000.00; ii. the requirement can be fully defined; and, iii. best value for the County can be achieved by an award selection made on the basis of the lowest bid that meets specifications. 3.7 INFORMAL QUOTATION(Greater than $10,000.00 but not greater than $50,000.00) 3.7(1) The Director or designate in consultation with the Director of Financial Services or designate shall be authorized to make purchases of goods and services for estimated expenditures exceeding $10,000.00 and less than $50,000.00 from such vendor. Bid documents do not have to be sealed. Specifications (as applicable) can be issued and quotes can be received by e-mail and/or fax transmission at the using department location. At least 3 bids must be obtained whenever possible. 3.7(2) When the preferred Quotation exceeds the approved budget appropriation by more than 10%, the Director shall submit a report to Council for direction. 3.7(3) The County reserves the right to accept or reject any submission. 3.4 REQUEST FOR QUOTATION/TENDER 3.4 (1) For goods and services for estimated expenditures greater than $15,000the Director or designate in consultation with the Director of Financial Services or designate shall be authorized to make purchases of goods and services provided: i. the requirement can be fully defined; and, ii. best value for the County can be achieved by an award selection made on the basis of the lowest compliant bid that meets all terms, conditions and specifications iii. The Director or any employee exercising delegated authority approval shall provide Purchasing in writing containing the relevant specifications, budget authorization, terms and conditions for the purchase of the good, services or construction iv. At least three (3) written bids obtained from three (3) separate potential suppliers to ensure a more competitive process. If staff has exhausted all efforts to obtain three (3)bids and can support this with documented evidence, a minimum of two (2) written bids is acceptable. v. A “No Bid” response shall not be considered a valid bid vi. The Director or any employee exercising delegated authority approval AND the Purchasing Coordinator must jointly approve the award vii. The department shall be responsible to review the competitive bid and verify that all terms, conditions and specifications of the bid are met viii. The County reserves the right in its absolute sole discretion to accept or reject any submission. ix. Purchasing may conduct reviews to ensure the requirements of this section and all other applicable sections of this Policy have been met. 3.5INFORMAL QUOTATION(Greater than $15,000 but not greater than $50,000) i. Bid submissions do not have to be sealed. ii. Specifications (as applicable) can be issued and quotes can be received by e-mail and/or fax transmission. iii. Bids must be submitted to Financial Services at a specified location on a specified weekday at a specified time. iv. When the compliant low bid exceeds the approved budget appropriation by more than 10%, the Director or designate shall submit a report to Council for direction. 4 53 County of Elgin Policy # 2005-01 Financial Services - Purchasing 3.6 FORMAL QUOTATION (RFQ) (Greater than $50,000 but not greater than$100,000) i. Bid forms to be provided to Bidders in written format and must close using a formal sealed bid process. ii. When the preferred Quotation exceeds the approved budget for a specific project, the Director shall submit a report to Council for direction. 3.7 REQUEST FOR TENDER (RFT) (Greater than$100,000) For goods and services for estimated expenditures greater than $100,000 the Director or designate and the Director of Finance or designate shall be authorized to solicit tenders and County Council may award such Tenders provided: i. Tender documents are to be provided to Bidders in written format and must close using a formal sealed bid process. ii. Bids must be submitted to Financial Services at a specified location on a specified weekday at a specified time. iii. The Financial Services Department shall be responsible for arranging for the public opening of the Tender Bids at the time and date specified by the tender call. There shall be in attendance at that time a minimum of: The Director of Financial Services or designate The Director of the issuing department or designate iv. The Financial Services Department shall forward to the issuing Department a summary of the bids subject to review by the Director. v. The project is specifically included within the approved budget and the total submitted price does not exceed the approved budget allocation for the project vi. With respect to all reports initiated for tenders, there shall be a recommendation report to County Council containing the sources of financing, allocation of revenues, and other financial commentary as considered appropriate. 3.8 REQUESTS FOR PROPOSALS (RFP) 3.8 (1) The Request for Proposal procedure shall be used where: i. The requirement is best described in a general performance specification; ii. Innovative solutions are sought; iii. To achieve best value, the award selection will be made on an evaluated point per item or other method involving a combination of mandatory and desirable requirements; 3.8(2) Awards under the RFP process require the following approval: i. Directors or any employee exercising delegated authority approval and the Purchasing Coordinator must jointly approve and RFP award for purchased up to $50,000. ii. County Council must approve an RFP award for purchases greater than $50,000. 3.8(3) The RFP process is a competitive method of procurement that may or may not include supplier pre-qualification. 3.8 (4) A Request for Information or a Request for Qualifications may be issued in advance of an RFP to assist in the development of a more definitive set of terms and conditions, scope of work/service and the selection of qualified suppliers. 3.8 (5) A Request for Information and a Request for Qualifications shall follow the same award approvals as an RFP, if applicable. 5 54 County of Elgin Policy # 2005-01 Financial Services - Purchasing 3.8 (6) Purchasing shall maintain a list of suggested evaluation criteria for assistance in formulating an evaluation method for use in an RFP. This may include but not limited to factors such as qualifications and experience, strategy, approach, methodology, scheduling and past performance, facilities, equipment, pricing, life cycle costing, standardization of product and aspects that would support environmental procurement. 3.8 (7) Directors or any employee exercising delegated authority approval shall identify appropriate evaluation criteria from the list maintained by Purchasing for use in an RFP but are not limited to criteria from the list. Cost will always be included as a significant factor, as best value includes but not limited to quality and cost. 3.8 (8) The Director or any employee exercising delegated authority approval shall provide to Purchasing in writing the budget authorization, approval authority, terms of reference and evaluation criteria to be applied in evaluating the proposals submitted. 3.8 (9) Purchasing will be the lead in the RFP process. A selection committee will be formed with a minimum of three evaluators and be comprised of at least one representative from the client department and one representative from the Department and the Director of Financial Services or designate shall review all proposals against the established criteria, reach consensus on the final rating results, and ensure that the final rating results, with supporting documents, are kept in the procurement file. Purchasing may or may not participate in the scoring of the proposals. 3.8 (11)During the proposal process all communication with bidders shall be through Purchasing. 3.8 (12)Financial Services Department shall forward to the Director an evaluation summary of the procurement, as well as the Evaluation Committee’s recommendation for award of contract to the Proponent meeting all mandatory requirements and providing best value as stipulated in the Request for Proposal. Purchasing is responsible for documenting the determination of best value. The criteria and analysis to determine best value will be included (if applicable) in the report to County Council. 3.8(13)With respect to all reports initiated for the RFP, a report on the sources of financing, allocation of revenues, and other financial commentary as considered appropriate shall be prepared. 3.8 (14)Reporting will not include summaries of bids, as this information will remain confidential. Any disclosure of information shall be made by the appropriate officer in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.0.) 1990, as amended 3.8 (15)Unsuccessful proponents may, upon request, attend a debriefing session with Purchasing to review the competitive bid. Any discussion relating to any submissions other than of the proponent will be as required with the Director of Financial Services or designate as well as the Director to review their bid submission. Discussions relating to any bid submissions other than that of the proponent present will be strictly prohibited. This debriefing session is intended to provide general feedback regarding the Proponent’s rating on various criteria in order to allow the proponent to understand where future improvements might be available. 3.8(16)Purchasing shall be responsible for arranging for a public announcement of proponents who submitted a proposal at a time and date outlined in the RFP document. There shall be in attendance at that time: Purchasing or delegate; and At least one other representative of Financial Services. 3.8 (17)The County reserves the right at its sole discretion to accept or reject any submission. 6 55 County of Elgin Policy # 2005-01 Financial Services - Purchasing 3.9 NON-COMPETITIVE PURCHASES (Blanket Contract Purchases, Emergency, Sole Source, Single Source) 3.9 (1) The requirement for a competitive bid process for the selection of a supplier for goods, services and construction(except for Emergencies) may be waived under joint authority of the appropriate Director and Director of Finance and replaced with direct negotiations by the Director (or delegate) and Purchasing under the following circumstances; 3.9 (2) The procurement qualifies as a Blanket Order Purchase, Sole Source or Single Source purchase. 3.9 (3) Blanket Contract Purchases A Blanket Order may be used where: i. one or more department repetitively order the same goods or services and the actual demand is not known in advance; ii. a need is anticipated for a range of goods and services for a specific purpose, but the actual demand is not known at the outset, and delivery is to be made when a requirement arises. iii. The Purchasing Coordinator shall establish and maintain Blanket Order Contracts that define source and price where available with selected suppliers for all frequently used goods or services; iv. Blanket Orders may be issued as the result of a bid process such as Request for Quotation, Request for Tender, Request for Proposal and from Co-operative Purchasing consortium. v. To establish prices and select sources, the Director in consultation with the Purchasing Coordinator shall employ the provisions contained in this Policy for the acquisition of goods, services, labour, materials and construction; vi. More than one supplier may be selected where it is in the best interest of the County and the bid solicitation allows for more than one; vii. Where procurement action is initiated by a department for frequently used goods or services, it is to be made with the supplier or suppliers listed in the Blanket Order Contract; viii. In a Request for Blanket Order, the expected quantity of the specified goods or services to be purchased over the time period of the agreement will be as accurate an estimate as practical and be based, to the extent possible, on previous usage adjusted for any known factors that may change said usage. ix. Blanket Orders shall be issued for a specific time period with all ordering departments responsible for maintaining purchases within budget allocations. 3.9 (4) Procurement in Emergencies An “Emergency” includes immediate threat to: i. Public health; ii. The maintenance of essential County services; and iii. The welfare and protection of persons, property or the environment; and the event or occurrence necessitates the immediate need for goods or services to mitigate the emergency and time does not permit for a competitive procurement process. In the event of an Emergency, the CAO, Directors and their respective delegates are authorized to enter into a purchase agreement without the requirement of a formal competitive process. 7 56 County of Elgin Policy # 2005-01 Financial Services - Purchasing A list of pre-qualified suppliers will be used to select the suppliers, whenever possible. Where the procurement cost to mitigate the Emergency is anticipated to exceed $15,000, there must be a notification sent (email contact is acceptable) to the Director of Finance or delegate. The steps taken to mitigate the Emergency must always be clearly documented regardless of amount and where the aggregate cost for a single supplier are in excess of $15,000, the emergency procurement shall be reported to County Council (including the source of financing) at the next scheduled meeting following the event. The Director responsible for the area leading the emergency procurement must forward copies of invoices associated with the Emergency to the Director of Financial Services or designate once the emergency event has been terminated. 3.9 (5) Sole Source The Procurement may be conducted using a Sole Source process if the goods and/or services are available from only one supplier by reason of; Statutory or market based monopoly; Competition is precluded due to the application of any Act or legislation or because of the existence of patent rights, copyrights, licence, technical secrets or controls of raw material; or The complete item, service or system is unique to one supplier and no alternative or substitute exists. 3.9 (6) Single Source Single Source manes that there is more than one source of supply in the open market, but only one source is recommended due to predetermined and approved specifications. The procurement may be conducted using a Single Source process if the goods and/or services are available from more than one source, but there are valid and sufficient reasons for selecting one supplier in particular, as follows: An attempt to acquire the goods and/or services by soliciting competitive bids has been made in good faith, but has failed to identify more than one willing and complaint supplier; The confidential nature of the requirement is such that it would not be in the public interest to solicit competitive bids; There is a need for compatibility with goods and/or services previous acquired or the required goods and/or services will be additional to similar goods and/or services being supplied under an existing contract (i.e. contract extension or renewal); It is advantageous to the County to acquire the goods or services directly from another public body or public service body; Another organization is funding or substantially funding the acquisition and has determined the supplier and the terms and conditions of the commitment into which the County will enter are acceptable to the County; Where due to abnormal market conditions, the goods, services or construction required are in short supply. 3.9 (7) Sole Source and Single Source – Approval and Reporting 8 57 County of Elgin Policy # 2005-01 Financial Services - Purchasing Awards which qualify to be considered as a Sole Source or Single Source process require the following approval; The Director and Purchasing must jointly approve the award not exceeding $50,000 and is within the approved budget allocation; County Council must approve the award greater than $50,000. The Report to County Council must contain detailed rationale supporting the decision. 3.8 FORMAL QUOTATION (Greater than $50,000.00 but not greater than$100,000.00) 3.8(1)The Director or designate and the Director of Finance or designate shall be authorized to make Formal Quotation Purchases for goods and services for estimated expenditures exceeding $50,000.00 and less than $100,000.00. Bid forms to be provided to Bidders in written format and must close in a formal sealed process. Bids must be submitted to Financial Services at a specified location. At least three (3) bids must be obtained whenever possible. All bids will close on a specified weekday at a specified time. Bids must have a submission label detailing project name and number. 3.8(2) The Director shall be responsible to review the quote submission and verify that all specifications of the quote are met and that the total submitted price does not exceed the approved budget allocation for the project. 3.8(3) When the preferred Quotation exceeds the approved budget for a specific project, the Director shall submit a report to Council for direction. 3.8(4) The County reserves the right to accept or reject any submission. 3.9 REQUEST FOR TENDER (GREATER THAN $100,000.00) 3.9(1) The Director or designate and the Director of Finance or designate shall be authorized to solicit tenders for goods and services for estimated expenditures exceeding $100,000.00 if the item is specifically included within the approved budget. County Council shall award all Tenders. 3.9(2) Request for Tender procedures shall be used where: i. the item is greater than $100,000.00; ii. the requirement can be fully defined; and, iii. best value for the County can be achieved by an award selection made on the basis of the lowest bid that meets specifications. 3.9(3) Tender forms are to be provided to Bidders in written format and must close in a formal sealed process. Tenders must be submitted to Financial Services at a specified location. At least three (3) tenders must be obtained whenever possible. All tenders will close on a specified weekday at a specified time. Bids must have a submission label detailing project name and number. 3.9(4) The Director shall be responsible to review the tender submission and verify that all specifications of the tender are met and that the total submitted price does not exceed the approved budget allocation for the project. 3.9(5) The Financial Services Department shall be responsible for arranging for the public opening of the Tender Bids at the time and date specified by the tender call. There shall be in attendance at that time a minimum of: i. The Director of Financial Services or designate ii. The Director of the issuing department or designate 9 58 County of Elgin Policy # 2005-01 Financial Services - Purchasing 3.9(6) The Financial Services Department shall forward to the issuing Department a summary of the bids subject to review by the Director. 3.9(7) The County reserves the right to accept or reject any submission. 3.10 REQUESTS FOR PROPOSALS 3.10(1) The Request for Proposal procedure shall be used in place of a Tender or Quotation when: The requirement is best described in a general performance specification; Innovative solutions are sought; Estimated expenditures not exceeding $50,000.00, the evaluation criteria and process shall be approved by the Director prior to issuance of the Request for Proposal; Expenditure exceeding $50,000.00, the evaluation criteria and process shall be approved by Council resolution prior to the issuance of the Request for Proposal; To achieve best value, the award selection will be made on an evaluated point per item or other method involving a combination of mandatory and desirable requirements; The Request for Proposal method of purchase is a competitive method of purchase that may or may not include Vendor pre-qualification; A Request for Information or Request for Expression of Interest may be issued in advance of a proposal to assist in the development of a more definitive set of terms and conditions, scope of work/service and the selection of qualified Vendors; Where the requirement is not straightforward or an excessive workload would be required to evaluate proposals, either due to their complexity, length, number of any combination thereof, a procedure may be used that would include a pre-qualification phase; The Financial Services Department shall maintain a list of suggested evaluation criteria for assistance in formulating an evaluation scheme using a Request for Proposal. This may include factors such as qualifications and experience strategy, approach, methodology, scheduling and past performance, facilities equipment, and pricing; Directors shall provide the Financial Services Department with a request in writing containing the budget authorization, terms of reference and evaluation criteria to be applied in assessing the proposals submitted; A Selection Committee, composed of a minimum of one representative from the Department and the Director of Financial Services or designate shall review all proposals against the established criteria, reach consensus on the final rating results, and ensure that the final rating results, with supporting documents, are kept in the procurement file. During the proposal process all communication with bidders shall be through the Financial Services Department. Financial Services Department shall forward to the Director an evaluation summary of the procurement, as well as the Committee’s recommendation for award of contract to the supplier meeting all mandatory requirements and providing best value as stipulated in the Request for Proposal. Where the lowest bid is not accepted, the Director of the Department is responsible for documenting the determination of best value, in a confidential report to the Management Team prior to award of contract; Reporting will not include summaries of bids, as this information will remain confidential. Any disclosure of information shall be made by the appropriate officer in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.0.) 1990, Section 10; Unsuccessful proponents may, upon request, attend a debriefing session as required with the Director of Financial Services or designate as well as the Director to review their bid submission. Discussions relating to any bid submissions other than that of the proponent present will be strictly prohibited; xvi. The County reserves the right to accept or reject any submissions. 3.11 BLANKET CONTRACT PURCHASES 3.11 (1) A Blanket Order may be used where: 10 59 County of Elgin Policy # 2005-01 Financial Services - Purchasing i. one or more departments repetitively order the same goods or services and the actual demand is not known in advance; ii. a need is anticipated for a range of goods and services for a specific purpose, but the actual demand is not known at the outset, and delivery is to be made when a requirement arises. iii. The Purchasing Co-Ordinator shall establish and maintain Blanket Order Contracts that define source and price where available with selected suppliers for all frequently used goods or services; iv. Blanket Orders may be issued as the result of a bid process such as Request for Quotation, Request for Tender, Request for Proposal and from Co-operative Purchasing consortium. v. To establish prices and select sources, the Director in consultation with the Purchasing Co-Ordinator shall employ the provisions contained in this Policy for the acquisition of goods, services and construction; vi. More than one supplier may be selected where it is in the best interest of the County and the bid solicitation allows for more than one; vii. Where purchasing action is initiated by a department for frequently used goods or services, it is to be made with the supplier or suppliers listed in the Blanket Order Contract; viii. In a Request for Blanket Order, the expected quantity of the specified goods or services to be purchased over the time period of the agreement will be as accurate an estimate as practical and be based, to the extent possible, on previous usage adjusted for any known factors that may change said usage. ix. Blanket Orders shall be issued for a specific time period with all ordering departments responsible for maintaining purchases within budget allocations. 3.12 SINGLE/SOLE SOURCING Single Source 3.12(1) i. In circumstances where there may be more than one source of supply in the open market, but only one of these is recommended for consideration on the grounds that it is more cost effective or beneficial to the County and where the expenditure will exceed $25,000.00, approval must be obtained from the Senior Management Team and County Council prior to negotiations with the single source. The Director or designate shall be responsible for submitting a report detailing the rationale supporting the use of the single source. Sole Source ii. If the Director requires goods, services or equipment deemed to be available from only one source of supply, and where the expenditure will exceed $25,000.00, the Director shall initiate a report to County Council requesting that the tendering procedure be waived and that the Director in consultation with the Director of Financial Services or the Chief Administrative Officer be authorized to negotiate with the sole source supplier. 3.13 PROCUREMENT FOR SPECIAL SITUATIONS 3.13 (1) Procurement in Emergencies An“Emergency” includes: i. an imminent or actual danger to the life, health or safety of an official or an employee while acting on the County’s behalf; ii. an imminent or actual danger of injury to or destruction of real or personal property belonging to the County; iii. an unexpected interruption of an essential public service; 11 60 County of Elgin Policy # 2005-01 Financial Services - Purchasing iv. an emergency as defined by the Emergency Plans Act, R.S.O. 1990, Chapter E.9 and the emergency plan formulated thereunder by the County; v. a spill of a pollutant as contemplated by Part X of the Environmental Protection Act, R.S.O. 1990, Chapter E. 19 and, vi. mandate of a non-compliance order. This method of purchasing may be used when the circumstances warrant immediate action or when health and safety or the public interest are in jeopardy, and where this method of purchasing would result in an over-expenditure or a non-budgeted expenditure of $2,500.00 or more. The Director must consult with the Warden or designate for approval prior to making an emergency purchase and must be reported to Council at the next scheduled meeting. 3.13(2) Procurement to Avoid Negative Cost Impacts to the County: i) “Avoiding Negative Cost Impacts” to the County includes: Avoiding delays in a project caused by unforeseen circumstances, if such delays cause further negative cost implications. This method of purchasing may be used when the circumstances warrant immediate action or when health and safety or the public interest are in jeopardy, and where this method of purchasing would result in an over-expenditure or a non-budgeted expenditure of $2,500.00 or more. The Director must consult with the Warden or designate for approval prior to making an emergency purchase and must be reported to Council at the next scheduled meeting. 3.14 DIRECT NEGOTIATION 3.14(1) Unless otherwise provided in accordance with the Purchasing By-Law and this Policy, goods and services may be purchased using the Direct Negotiation method only if one or more of the following conditions apply; i. the required goods and services are reasonably available from only one source (also known as single source), by reason of the scarcity of supply in the market or the existence of exclusive rights held by any supplier or the need for compatibility with goods and services previously acquired and there are no reasonable alternatives or substitutes; ii. The required goods and services will be additional to similar goods and services being supplied under an existing contract (i.e. contract extension or renewal); iii. An attempt to purchase the required goods and services has been made in good faith using a method other than Direct Negotiation within this policy which has failed to identify a successful supplier and it is not reasonable or desirable that a further attempt to purchase the goods and services be made using a method other than Direct Negotiation; iv. The goods and services are required as a result of an emergency, which would not reasonably permit the use of a method other than Direct Negotiation; v. The required goods and services are to be supplied by a particular vendor or supplier having special knowledge, skills, expertise or experience. 3.14(2) Any expenditure exceeding $50,000.00 for a one-time purchase or over an annual basis must be reported to Council. 4.03.15 LEASING 12 61 County of Elgin Policy # 2005-01 Financial Services - Purchasing 4.0 (1)3.15 (1) The Council of the County of Elgin may enter into a leasing agreement in accordance with the Municipal Act, 2001, O.Reg.46/94,O.Reg. 266/02. 4.0 (2)3.15 (2) In certain circumstances, it may be economically advisable for the County to enter into a Financing Lease to acquire the right to use capital property and equipment rather than an outright purchase. 4.0 (3)3.15(3) Leasing is approved as an acceptable means to acquire municipal capital facilities when one or more of the following conditions (goals) are met: i. The municipal capital facility cannot be purchased; ii. The lease arrangement provide financially attractive interest rates over the entire life of the lease; iii. The risk of obsolescence on the leased asset rests with the lessor; iv. The leased asset has a high purchase value and is not required on an ongoing basis; v. Short term revenues versus capital needs; 4.0 (4)3.15(4) A by-law is required for all lease agreements with the exception of leases made in emergency situations. These leases will be reported to Council at the first available opportunity. A bylaw is not required for leases that are short term in nature of 120 days or less. 4.03.15 (5) Once each fiscal year the Director of Financial Services shall provide a report to Council outlining all current leasing arrangements. 54.0 DISPUTE RESOLUTION 54.1 Disputes shall be resolved as follows: i. Meeting between the bidder, the Director of the Department and the Purchasing Co-Ordinator, ii. If (i) does not lead to a resolution, the decision can be appealed to the Director of Financial Services and the Chief Administrative Officer, 65.0 EXCEPTIONS 65.(1) A Department may request exemption from any or all the purchasing methods outlined in this policy by submission of a report requesting the same to County Council. Such one time exemption may be granted by resolution. 76.0GUARANTEES OF CONTRACT EXECUTION AND PERFORMANCEPERFORMANCE SECURITY, INSURANCE AND WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATES 76.1(1) For all tenders valued at over $100,000, the following guarantees, bonds, certificates and insurance must form part of the contract unless other securities are deemed appropriate as determined by the Director. 76.2 Performance security to guarantee the completion of the Contract is required for the supply and installation of equipment and materials and all services/construction involving County property. Where performance security is deemed necessary, it shall take the form of one or a combination of one or more of the following; i. Performance Bond valued at 100% of the amount of the Tender bid. ii. Labour and Materials Bond valued at 50% of the amount of the Tender bid. 13 62 County of Elgin Policy # 2005-01 Financial Services - Purchasing iii. Bid Bond or Bid Deposit (Certified Cheque) iv. Irrevocable Letter of Credit 7.3The above noted security will be required with respect to the following; i)Renovation contracts ii)Construction contracts iii) New buildings iv) Demolition of buildings v) Service contracts where the work involves contractors working on/with County owned property. vi) Supply and installation of equipment and materials and all service/construction involving County owned property. 1) Insurance 2) Certificate of Clearance from the Workplace Safety and Insurance Board (WSIB) 3) Performance Bond valued at 100% of the amount of the Tender bid. 4) Labour and Materials Bond valued at 100% of the amount of the Tender bid. 6.(2)In addition to these requirements, the Director shall select additional appropriate means to guarantee execution and performance of the contract. Means may include one or more of, but are not limited to, financial bonds, letters of credit, agreement to bond or other forms of security deposits, provisions for liquidated damages, progress payments and holdbacks. Only those able to bind the Corporation are authorized to execute the agreements/contracts. 7.4 Contracts valued at less than $100,000 may include guarantees at the discretion of the Director. 7.5 The Bid Bond or Bid Deposit amount shall be as specified in the following table: Total Tender Amount Bid Deposit Required $100,000.01 to $250,000.00$10,000.00 $250,000.01 to $500,000.00$20,000.00 $500,000.01 to $1,000,000.00$40,000.00 $1,000,000.01 to $2,000,000.00$75,000.00 $2,000,000.01 and Over$150,000.00 7.6 Financial Services is authorized to cash and deposit any bid deposit cheques in the County’s possession which are forfeited as a result of non-compliance with the terms, conditions and/or specifications of a sealed bid. 7.7In order to further protect the Corporation of the County of Elgin, the following certificates will be required from all successful Bidders/Proponenets; i)A current and valid insurance certificate for amounts specified in the Bid document. ii) A current and valid Workplace Safety and Insurance Board (WSIB) certificate.7.0 INSURANCE 7.1 (1) The standard insurance minimums are as follows: $2 million – commercial general liability policy $2 million - for each occurrence for bodily injury and property damage $2 million – automobile liability policy $2 million – homeowners(e.g. for rental of facilities) 14 63 County of Elgin Policy # 2005-01 Financial Services - Purchasing $5 million – commercial general liability and automobile liability policies – for contracts exceeding $100,000.00 $5 million - for each occurrence for bodily injury and property damage for contracts exceeding $100,000.00 $1 million – professional errors and omissions liability Builder’s Risk – the amount of the project cost 7.1 (2) Bid documents must clearly indicate insurance requirements to be provided by the successful bidder’s insurance company. 7.2 Prior to commencement of work and where deemed appropriate, evidence of Insurance Coverage satisfactory to the Director, must be obtained ensuring indemnification of the County of Elgin from any and all claims, demands, losses, costs or damages resulting from the performance of a supplier’s obligations under the contract. 7.3 (1) The successful bidder must furnish the County at his/her cost a “certified copy” of a liability insurance policy covering public liability and property damage for no less than the minimum amounts stated in 7.1 (1) to the satisfaction of the County and in force for the entire contract period. The policy must contain: i. a “Cross Liability” clause or endorsement; ii. an endorsement certifying that The Corporation of the County of Elgin and the successful bidder are included as an additional named insured; iii. an endorsement to the effect that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days prior written notice to Elgin County. 7.3 (2) Contractor’s Liability Insurance Policy shall not contain any exclusions of liability for damage, etc. to property, building or land arising from; i. the removal or weakening of support of any property, building or land whether such support be natural or otherwise; ii. the use of explosives for blasting; iii. the vibration from pile driving or caisson work, provided that the minimum coverage for any such loss or damage shall be $5,000,000.00. 8.0 EXCLUSION OF BIDDERS 8.1 EXCLUSION OF BIDDERS IN LITIGATION The County may, in its absolute discretion, reject a Tender or Proposal submitted by the bidder if the bidder, or any officer or director of the bidder is or has been engaged, either directly or indirectly through another corporation, in a legal action against the County, its elected or appointed officers and employees in relation to: i. any other contract or services; or ii. any matter arising from the County’s exercise of its powers, duties, or functions. 8.1(2) The Director of Financial Services may, in consultation with the County Solicitor, a) place the supplier on a two year probation to closely monitor future work or b) put the supplier on notice that all future bids may result in non award of a contract for a maximum of three years. 8.1 (1) No Tender, Proposal or Quotation will be accepted from any company inclusive of its subcontractors, which has a claim or instituted a legal proceeding against the County or against whom the County has a claim or instituted a legal proceeding with respect to any previous Contract, without prior approval by Council. 8.2 CONTRACTOR PERFORMANCE APPRAISAL SYSTEM 15 64 County of Elgin Policy # 2005-01 Financial Services - Purchasing 8.2 (2) The Contractor Performance Appraisal System is a standard process for assessing and recording contractor performance. It is designed to serve as a permanent record for the County and as a means of evaluating and comparing contractor performance on an ongoing basis throughout the project. 8.2 (3) The Contractor Performance Appraisal System will be used to evaluate all contracts regardless of value. The implementation of the Performance Evaluation Appraisal System will be at the discretion of the Project Manager and/or the Purchasing Coordinator. 8.2 (4) If issues arise, under the direction of the Purchasing Coordinator, the County’s Project Manager will be asked to record their concerns using the Vendor Incident Reporting Form. Results will be shared with the Vendor/Contractor/Consultant and a verbal warning may be issued by the Purchasing Coordinator. If performance does not improve, a second Vendor Incident Reporting Form will be issued and results will be shared with the Vendor/Contractor/Consultant. The Purchasing Coordinator will issue a written warning to the Vendor/Contractor/Consultant. If performance does not improve a third Vendor Incident Reporting Form will be initiated by the Project Manager and the results will be shared with the Vendor/Contractor/Consultant. Upon completion of the project, if a third Vendor Incident Reporting Form is issued, under the direction of the Purchasing Coordinator, the Project Manager will complete the applicable Performance Report. 8.2 (5) Once the ranking on the applicable Performance Report has been completed, the results will be shared with the Vendor/Contractor/Consultant to discuss the overall ranking for the project. 8.2 (6) The performance evaluation shall determine whether a vendor, contractor or consultant will be allowed: i) to bid on future projects ii) the vendor/contractor/consultant be placed on a probationary list for two years to closely monitor future work, (fees required to monitor future work may be added to the project); or, iii) may not be recommended for future work for a maximum period of three years. 8.2 (7) The final appeal shall be conducted by a Dispute Committee which will hear from both County staff and the vendor/contractor/consultant at a time and place appointed in writing by the Committee. The Dispute Committee shall be comprised of the Director of Financial Services, the Purchasing Coordinator and two representatives of the relevant Standing Dispute Resolution Committee of Council. The decision of the Dispute Committee shall be in writing, a copy of which shall be provided to the vendor, contractor or consultant, and the decision of a majority of the Dispute Committee shall be final. EXCLUSION OF BIDDERS DUE TO POOR PERFORMANCE 8.2(1)The Director shall document evidence and advise Financial Services in writing where the performance of a supplier has been unsatisfactory in terms of failure to meet contract specifications, terms and conditions or for Health and Safety violations. The Financial Services Department shall centralize the information for future reference. 8.2(2) The Director of Financial Services may, in consultation with the County Solicitor, prohibit an unsatisfactory supplier from bidding on future contracts for a period of up to three years. 9.0 RECEIPT OF GOODS 9.(1) The Director or designate shall, i. arrange for prompt inspection of goods on receipt to confirm conformance with the terms of the contract, and ii. inform the Purchasing Coordinator immediately of any discrepancies. 16 65 County of Elgin Policy # 2005-01 Financial Services - Purchasing 10.0 REPORTING TO SENIOR MANAGEMENT TEAM AND COUNTY COUNCIL 10.(1) The Director of Financial Services or designate shall submit to the Senior Management Team and County Council an information report (semi-annually) containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000.00 including amendments and renewals. The Director of Financial Services shall certify in the report that the awards are in compliance with the Purchasing Policy. 11.0 ACCESS TO INFORMATION 11.(1) The disclosure of information received relevant to the issue of bid solicitations or the award of contracts emanating from bid solicitations shall be made by the appropriate officers in accordance with the provisions of the Municipal Freedom of Information and Privacy Act., R.S.O. 1990, as amended. 11.(2) All records and information pertaining to tenders, proposals and other sealed bids, which reveal a trade secret or scientific, technical, commercial, financial or other labour relations information, supplied in confidence implicitly or explicitly, shall remain confidential if the disclosure could reasonably be expected to: i. prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organizations; ii. result in similar information no longer being supplied to the County where it is in the public interest that similar information continue to be so supplied; iii. result in undue loss or gain to any person, group, committee or financial institution or agency; or iv.result in information whose disclosure could reasonably be expected to be injurious to the financial interests of the County. 12.0 ADVERTISING 12.1(1) To ensure access to all vendors, aAdvertising for Quotations, Tenders, or Proposals, Expression of Interest estimated to exceed $50,000 excluding taxes and freight shall be posted on; i) the County web site’ ii) Ontario Public Buyers Association (O.P.B.A.) iii) Biddingo website website to ensure access to all vendors. 12.1(2) Financial Services will post an annual notice in the local papers advising the public that all Proposals/Tenders/Quotations will be advertised electronically on the County’s website, and the Ontario Public Buyers and Biddingo websites.Website. 13.0 RETENTION OF DOCUMENTATION 13.1(1) All background information, information submitted by vendors, and any other relevant information involved in obtaining prices for goods and services shall be retained for the entire budget year and six (6) years in records retention. 13.1(2) All background information, information submitted by successful vendor, resulting in a contract or agreement shall be retained for a minimum of twenty (20) years in record retention. 17 66 County of Elgin Policy # 2005-01 Financial Services - Purchasing APPENDIX A LEVELS OF CONTRACT APPROVAL AUTHORITY Note: Sales taxes, excise taxes, goods and service taxes and duties shall be excluded in determining the price of a contract for the supply of goods or services for the purpose of the relationship of the price to the pre-authorized expenditure limit. In the case of multi-year supply and/or service contracts, the pre-authorized expenditure limit shall refer to the estimated annual expenditure under the contract. Dollar Value Approved Procurement ProcessSource of BidReport to Policy Section Authority Council (excluding taxes, duty Required or shipping) $15,000orDirector or Purchase Order/Charge Purchases No3.3 lessany to County made from the employee competitive exercising market place delegated authority approval Greater than Directorand Informal Quotations Minimum of No if within 10% 3.4, 3.5, 3.8 $15,000butDirector of Or three (3) written of the approved less than Financial Request for Proposal quotes by budget allocation $50,000 Services or invitation or employee open exercising competition delegated Non-Competitive Procurement 3.9 No report to authority Council if within approval approved budget (jointly) Greater than Director and Formal Quotations By invitation or No Report to 3.6 $50,000 but Director of Or OpenCouncil required if less than Financial Request for Proposal Competitionwithin approved $100,000 Services or budget employee exercising delegated authority approval jointly County Non-Competitive Procurement Yes 3.9 Council Greater than County Request for Tender By Invitation or 3.7 $100,000 Council Or OpenYes Request for Proposal Competition Non-Competitive Procurement 3.9 18 67 County of Elgin Policy # 2005-01 Financial Services - Purchasing Value Procurement Process Approved AuthoritySource of BidReport Status $10,000orNo formal quotes required. Purchases made No report to lessDirector. from the Council required. competitive market place. Greater Informal Quotations (3 quotes 3 written quotes No Report to than required – written) or Direct Directorand Director to be obtained. Council required $10,000butnegotiation as a result of Single of Financial Servicesif within 10% of less than or Sole Source. the approved $50,000 budget allocation. Greater Formal Quotations (3 written Director and Director Advertise on No Report to than quotes required) of Financial Services County web site Council required $50,000 but and Ontario if within approved less than Public Buyers budget. $100,000 website. Greater Request for Tender County Council Advertise on than (Warden or designate County website Report to Council $100,000 in an emergency or to and Ontario avoid negative cost Public Buyers impact to the County) website. Less than Request for Proposal Director and Director Advertise on No Report to $50,000 In place of a Tender or of Financial Services. County web site Council required Quotation when goods and The evaluation criteria and Ontario if within approved services cannot be specifically and process shall be Public Buyers budget allocation. stipulated or when alternative approved by the website. methods are being sought to Director prior to perform certain functions or issuance of the services. Request for Proposal. Greater Request for Proposal County Council Advertise on Report to Council. than The evaluation criteria and (Warden or designate County website $50,000 process shall be approved by in an emergency or to and Council resolution prior to the avoid negative cost Ontario Public issuance of the Request for impact to the County)Buyers website. Proposal. When the preferred proposal i) Exceeds the approved budget appropriation and/or ii) exceeds $50,000.00, the Director shall submit a report to Council for direction. 19 68 County of Elgin Policy # 2005-01 Financial Services - Purchasing APPENDIX B GOODS AND SERVICES NOT SUBJECT TO THIS POLICY Exclusions Competitive Bids shall not be required for the following Goods and Services; a) Petty Cash Items b) 2. Advertising services (radio, television, newspaper, magazine) c) Government Agencies d) Travel Expenses including meals, conferences, seminars, conventions, trade shows, and accommodations e) Courses f) Staff development/Workshops g) Memberships h) Magazines, Books, Periodicals i) Licenses, Certificates (including hardware and software licenses) j) Ongoing maintenance for existing computer hardware and software k) Professional and skilled services provided to individuals as part of an approved program(s) within the Corporation including but not limited to medical services and counseling services l) Postage m) Utilities (Water, Sewage, Hydro, Gas, Telephone and Cable TV) Training and Education including: i. Conferences ii. Courses iii. Conventions iv. Magazines v. Memberships vi. Periodicals vii. Seminars viii. Staff Development ix. Staff Workshops x. Staff Relations 3. Refundable Employee Expenses including: i. Cash Advances ii. Meal Allowances iii. Travel Expenses iv. Accommodation 4. Employer’s General Expenses including: i. Payroll Deduction Remittances ii. Medicals iii. Insurance Premiums iv. Tax Remittances 5. Licenses, certificates. 6. Ongoing maintenance for existing computer hardware and software. 20 69 County of Elgin Policy # 2005-01 Financial Services - Purchasing 7. Professional and skilled services provided to individuals as part of approved programs within the Corporation including but not limited to medical services, counseling services. 8. Consulting Services (up to $100,000) where a previously retained firm has provided similar services or has an intimate knowledge of the project and it would be beneficial to have that same firm provide new or extended services. 9. Other Professional and Special Services up to $100,000 including: i. Additional non-recurring Accounting and Auditing Services ii. Legal Services iii. Banking Services where covered by agreements iv. Public Debenture Sales v. Group Benefits vi. Realty Services regarding the Lease, Acquisition, Demolition, Sale of Land and Appraisal of Land. 21 70 County of Elgin Policy # 2005-01 Financial Services - Purchasing APPENDIX “C” IRREGULARITIES CONTAINED IN BIDS IRREGULARITY RESPONSE Late Bids Automatic rejection, not read publicly and returned unopened to the bidder. Unsealed Envelopes Automatic Rejection. Incomplete, illegible or obscure bids or bids which May be rejected as informal. contain additions not called for, erasures, alterations, errors or irregularities of any kind. Bids not completed in ink. Automatic Rejection. Documents, in which all necessary Addenda have Automatic Rejection. not been acknowledged. Failure to attend mandatory site visit. Automatic Rejection. Bids received on documents other than those Automatic Rejection. provided by the County of Elgin. Failure to insert the Tenderer’s business name in Automatic Rejection. spaces provided in the Form of Tender. Failure to include signature of the person Automatic Rejection. authorized to bind the Tenderer in the space provided in the Form of Tender. Conditions placed by the Tenderer on the Total Automatic Rejection Contract Price. Bids Containing Minor Mathematical Errors a) If the amount tendered for a unit price item does not agree with the extension of the estimated quantity and the tendered unit price, or if the extension has not been made, the unit price shall govern and the total price shall be corrected accordingly. All corrections by the Purchasing Coordinator will be made in red ink and initialed. b) If both the unit price and the total price are left blank, then both shall be considered as zero. c) If the unit price is left blank but a total price is shown for the item, the unit price shall be established by dividing the total price by the estimated quantity. d) If the total price is left blank for a lump sum item, it shall be considered zero. e) If the Tender contains an error in addition and/or subtraction and/or transcription in the approved tender documentation format requested (i.e. not the additional supporting documentation supplied), the error shall be corrected and the corrected total contract price shall govern. f) Tenders containing prices which appear to be so unbalanced as to likely affect the interest of the County adversely may be rejected. 22 71 County of Elgin Policy # 2005-01 Financial Services - Purchasing APPENDIX “C” IRREGULARITIES CONTAINED IN BIDS IRREGULARITY RESPONSE Bid Security a) Insufficient Financial Security (no bid Automatic Rejection deposit or insufficient bid deposit) b) Failure to insert name of bonding company Automatic Rejection c) Signature of bidder and/or bonding Automatic Rejection. company missing when bid bond requested Agreement to provide Performance Security is not Automatic Rejection. provided or is not in the form specified. Part bids (all items not bid) Automatic Rejection unless allowed for in the request. Withdrawal of Bids Withdrawal of bids received after the closing time will not be allowed. Tie Bids The designated official may use one of the following methods of dealing with tie bids, based upon the specific situation; * use a coin toss to select a recommended bid, * request the tie bidders to submit new bids, * negotiate with the tied bidders to break the tie. 23 72 County of Elgin Policy # 2005-01 Financial Services - Purchasing APPENDIX “D” DEFINITIONS In this policy, unless a contrary intention appears: “Agreement” means a formal written legal agreement or contract for the supply of goods, services, equipment or construction; “Addendum” means additional information supplied by the Corporation after an original Tender, Quotation or Proposal call has been issued. “Authority” means the legal right to conduct the tasks outlined in this policy as directed by Council and delegated through the County’s Director of Financial Services to the Purchasing Coordinator; “Blanket Order” shall mean the agreement wherein a vendor will sell certain items to the County for an agreed period of time with established terms and conditions; “Bid” shall mean a submission from a prospective vendor in response to a request for the purchase of goods or services issued by the County; “Bidder” means supplier or contractor from whom the Corporation has received a Tender or Formatted: Font: Bold Quotation, that is subject to acceptance or rejection; “Bid Deposit” shall mean a financial guarantee to ensure the successful bidder will enter into an agreement; “Bid Irregularity” means a deviation between the requirements of the Bid and the information provided or received in a Bid response; “Consultant” means the person or firm, who by virtue of a particular expertise is selected by the Corporation to undertake a specific task or assignment that may include designing specifications and preparing plans or programs; “Contract” means any formal or deliberate written agreement for the purchase of goods, services, equipment or construction; “Contract” means a commitment for the purchase and supply of Goods and Services evidenced in writing by an Agreement or other documentation appropriate to the transaction and duly authorized on behalf of the County in accordance with this Policy; Record”is a document which outlines the terms and conditions of the agreement; “County or Corporation” means the Corporation of the County of Elgin; “Cooperative Purchasing” means the participation of two or more public agencies in a request for Quotation, Tender or Request for Proposal call. “Council” shall mean the elected Municipal Council of the Corporation of the County of Elgin; “Declaration Respecting Workers’ Compensation Act, R.S.O.1990/Corporation Tax Act” "Certificate of Clearance" means a declaration that a bidder has paid all assessments or compensation payable and has otherwise complied with all requirements of the 24 73 County of Elgin Policy # 2005-01 Financial Services - Purchasing Workplace Safety and Insurance Board and that the bidder has paid all taxes and/or penalties imposed on it pursuant to the Corporation Tax Act, R.S.O. 1990; “Designate” means a person authorized by the Department Head to act on their behalf for the purposes of this policy; “Director" refers to a head of a County department operating within the County of Elgin; being responsible for: Administrative Services, Library Services, Financial Services, Engineering Services, Information Technology, Terrace Lodge, Elgin Manor, Bobier Villa, Human Resources; “Emergency” means an occurrence resulting from an unforeseen action or consequence of an unforeseen event, (trigger event)which must be remedied on a time sensitive basis to avoid a material financial risk, serious delays, injury, further damage or to restore or maintain services; “Executed Agreement” means a form of agreement, either incorporated in the bid documents or prepared by the County, to be executed by the successful bidder and the County; “Expression of Interest” means a focused market research tool used to determine vendor interest in a proposed project, not directly leading to the acquisition of goods and services; “Goods and Services” includes supplies, materials, and equipment, property and contracts for construction, maintenance, service or consulting and professional services; of every kind required to be used to carry out the operations of a department; “In-House Bids” also known as “Managed Bids” shall mean that during the Public Procurement Process, an agency within the Corporation of the County of Elgin is not permitted to submit a bid. “Insurance Documents” shall mean certified documents issued by an insurance company licensed to operate by the Government of Canada or the Province of Ontario certifying that the bidder is insured in accordance with the County’s insurance requirements as contained in the bid documents; “IrregularitiesContained in Bids” is defined in Appendix C and include the appropriate response to those irregularities; "Labour and Material Bond” means a bond issued by a surety company on the County of Elgin standard Form of Bond to ensure that the contractor will pay his or her suppliers and thereby protects the Corporation against items which might be granted to a supplier should the contractor not make proper payments; “Letter of Agreement to Bond” means a letter or other form issued by a bonding agency licensed to operate by the Government of Canada or the Province of Ontario advising that, if the bidder is successful the bonding agency will issue the required bonds; “Lowest Acceptable Bid” means the lowest price submitted which meets the requirements and specifications as set out in the bid request, minor deviations excepted; “Normal Operating Expenditure” means expenditure of an operational recurring nature and does not include one-time special or Capital expenditure; 25 74 County of Elgin Policy # 2005-01 Financial Services - Purchasing “Performance Bond” means a bond issued by a surety company on the County of Elgin standard Form of Bond executed in connection with a contract and which secures the performance and fulfillment of the undertakings, covenants, terms, conditions and agreements contained in the contracts; “Procure” "Procurement" "Purchase" means to acquire by purchase, rental, lease or trade; “Professional Service Supplier” means a supplier of services requiring professional skills for a defined service requirement including, i. Architects, auditors, engineers, designers, management and financial consultants; ii. Firms or individuals having specialized competence in environmental, planning or other disciplines; iii. Information Technology “Purchasing Designate or Delegate” means a person authorized by the Director to execute the purchase of goods and services; “Quotation Summary Form” means a written request in an approved format and duly authorize to obtain goods and services; “Quotation” means a request for prices on specific goods and/or services from selected vendors which are submitted verbally, in writing or transmitted by facsimile as specified in the Request for Quotation; “Request for Expression of Interest” is a focused market research tool used to determine vendor interest in a proposed procurement. It may be issued simultaneously with a Request for Qualifications when the proposed procurement is well defined and the purchaser has clear expectations for the procurement; “Request for Information” is used prior to issuing a tender call as a general market research tool to determine what products and services are available, scope out business requirements, and/or estimate project costs; “Request for Proposal” means a process where a need is identified, but the method by which it will be achieved is unknown at the outset. This process allows vendors to propose solutions or methods to arrive at the desired result; “Sealed Bid” means a formal sealed response received as a part of a quotation, tender or proposal; "Single Source" means there is more than one source in the open market but only for reasons of function or service one vendor is recommended for consideration of the particular goods and/or services; “Sole Source” means there is only one source of supply of particular goods and services; “Supplier” means any individual or organization providing goods or services to the County of Elgin including but not limited to contractors, consultants, vendors, service organizations, etc.; “Tender” means a sealed bid which contains an offer in writing to execute some specified services, or to supply certain specified goods, at a certain price, in response to a publicly advertised request for bids; 26 75 County of Elgin Policy # 2005-01 Financial Services - Purchasing “Value Analysis” typically refers to a life cycle costing approach to valuing a given alternative, which calculates the long-term expected impacts of implementing the particular option. 27 76 County of Elgin Policy # 2005-01 Financial Services - Purchasing APPENDIX “E” Guidelines for the Execution of Purchases These guidelines are provided to assist the Director and/or designate should they choose to exercise their authority to purchase goods or services.Guidelines are organized by objective as follows: Objective 1: Corporate Efficiency Purchases under this authority must be for unique Departmental requirements, and therefore not duplicated in other Departments, such that Corporate purchasing power or standardization is not a factor in costing. Requirements cannot be split in order to qualify for this process. Objective 2: Competitive Process A competitive process is undertaken whereby a minimum of 3 bids is obtained, and the lowest compliant bid is awarded the contract. Care must be taken as to how bids are sought, bidder lists are maintained and how competition is encouraged. Although a minimum of 3 bids is required, an open process without a minimum number of bids will be more competitive, and is encouraged. Objective 3: Open Process Departmental needs are communicated to bidders, who are able to bid on goods or services they are qualified to provide. There should be no limitation of bids to an established listing. Objective 4: Transparent Process The process is undertaken based on clear definition of the product or service requirement, and a clear outline of the review and criteria to be undertaken. The decision to choose the low bidder will be based solely on the requirements as documented, the bidder document, and the application of the review criteria. The same decision should be arrived at each time given the same set of facts, which will facilitate the dispute resolution process. Objective 5: Fair Process The process will be fair, such that no action is undertaken by the County staff to allow any given bidder an unfair advantage. This does not however, require County action to ensure that existing conditions are changed to ensure that any conversion costs from an incumbent to another supplier are ignored in an evaluation – it is in the best interest of the County to ensure that such “leveling of the playing field” is not required. Objective 6: Insurance and Risk Management A Liability Insurance Form and WSIB Certificates of Clearance may be submitted as deemed appropriate at the commencement of the project and periodically as the work is completed. The Director may choose to request Performance and Labour and Material Bonds for informal quotations if it is believed to serve the County’s best interest. Objective 7: Authorization for Payment Quotation Summary Form must be completed, ensuring that the appropriate account has sufficient funds to pay for the contract. Objective 8: Reporting of Items Conducted under Delegated Authority The Director of Finance shall produce a report of all purchases in excess of $15,000 carried out under this authority, in a quarterlysemi-annual reporting of contracts to Council. Objective 9: Standardization In order to assist in cross training, enable multiple bidders to understand the process requirements and ensure that legal and insurance risks are controlled, standard formats will be used for Requests for Quotations. These forms will be updated by Financial Services as appropriate. 28 77 REPORT TO COUNTY COUNCIL FROM: Al Reitsma, Manager of Information Technology DATE: April 11, 2013 SUBJECT: Central Elgin Information Technology Support Request INTRODUCTION: The Municipality of Central Elgin has requested that the County Information Technology (IT) services to the municipality. Such a shared service would corporate goal to forge community partnerships DISCUSSION: In December 2012 Council agreed in principle to the hiring of an and subsequently approved the funding in February 2013. Resumes received and interviews are currently taking place with the expe will be hired and in place by early June. The new position creates additional capacity within the department. The potential partnership with Central Elgin provides an opportu the incremental costs of the new employee, while at the same tim benefits through reductions in hardware acquisition and maintena This potential is enhanced by the fact that both administration offices and data centres are located in the same building. The scope of services being requested includes: Network monitoring and problem resolution. Software system upgrades. Operating system upgrades (i.e. servers, routers, access points Hardware maintenance and upgrades. Services would also include the management of software and hardw would recommend hardware and software upgrades and identify oppo adoption of new technologies in order to improve productivity or 78 The Municipality of Central Elgin has information and communicat spread across eight locations, including: Municipality of Central Elgin Administration Offices White Station Port Stanley Firehall Yarmouth Centre Firehall Belmont Firehall Union Firehall Port Stanley Arena Belmont Arena Estimated Support Requirements: Based on IT support staff to user ratios at the County of Elgin staff at the Municipality of Central Elgin it is estimated that 6 hours/week of Senior Network Analyst support and 3 hours/week of management support These numbers will initially be higher while County staff famili systems used and staff at Central Elgin. During peak periods, consultants will be used to handle the workload. The owner (County or Central Elgin) of peak workload will bear the cost of consulting. Such costs for approved in advance by their Treasurer. Such costs for the Coun within the annual revenue the County generated from Central Elgi have a negative impact on the budget. The current labour rate, including benefits for a Senior Network hour and for a manager, $69.40 an hour. Given those rates and t of support hours the estimated annual cost for IT support would Any work required in excess of the estimated hours would need to be revie Director of Finance. Additional hours would be billed at the s previously stated. Partnering with the County of Elgin to manage IT infrastructure lead to future benefits to the Municipality of Central Elgin thr hardware acquisition and maintenance costs. Leveraging the virtual s area network (SAN), network area storage (NAS), already being us Municipality of Central Elgin and the County of Elgin, will allo storage assets to be co-located. Both the County of Elgin and Central Elgin will gain from the economies of scale from combining the management of Inf Technology. 79 The Municipality of Central Elgin could easily take advantage of site located at Elgin Manor to provide high speed off-site backu recovery location. CONCLUSION: The Municipality of Central Elgin has requested that the County proposal to provide Information Technology services to the munic Elgin is able to provide IT support resources at the following r $42.90 / hour for a Senior Network Analyst $69.40 / hour for management Assuming six and three hours per week usage of each resource, th support would be $24,200. Staff recommends that a one-year pilot project be conducted to d services prove satisfactory to both parties. Other municipalities may consider a partnership with the County dependent upon the successful conclu both parties and geographic considerations. RECOMMENDATION: THAT staff be authorized to proceed with the negotiation of a on Agreement for the pilot partnership with the Municipality of Cen technology services. All of which is Respectfully Submitted Approved for Submission Al Reitsma Mark G. McDonald Manager of Information Technology Chief Administrative Officer Jim Bundschuh Director of Financial Services 80 REPORT TO COUNTY COUNCIL FROM: Leesa Shanley Court Services Supervisor DATE: April 8, 2013 SUBJECT: Provincial Offences Act (POA) Unpaid Fines – Legislation INTRODUCTION: th On March 20 2013, the government introduced legislation to improve the ability of municipalities to collect unpaid Provincial Offence fines. DISCUSSION: Unpaid POA fines in Ontario already total over a billion dollars, and the amount is increasing by an average of approximately $100 million a year. One-third of the defaulted fines are related to the Highway Traffic Act, another third is related to the Compulsory Automobile Insurance Act and the remaining third for offences ranging from liquor licence to by-law offences, with the approximately 91% of defaulters being Ontarians. The introduction of Bill 34, if passed, will amend the Highway Traffic Act to: enable broader use of plate denial enable better collection of fines from out-of-province offenders allow for plate denial for offences such as speeding, improper lane changes, illegal turns, careless driving and driving with no insurance. While these offences currently allow for licence suspension as a form of enforcement, many continue to drive undetected with suspended licences. The ability to issue plate denials will require defaulters to make payment prior to renewing plates and will enable enforcement officers to detect those with invalid plates from the road. The government will provide final estimates on the total outstanding fines payable to municipalities; however the accuracy of these estimates depends on a variety of factors including the speedy implementation of the administrative changes necessary within the provincial government to support the legislation, which has been estimated at two years for completion. 81 CONCLUSION: It has been a long standing challenge for municipalities to collect unpaid POA fines. If passed, this legislation will bring a form of predictability to collection efforts. RECOMMENDATION: THAT the report titled “Provincial Offences Act (POA) Unpaid Fines - Legislation” dated April 8, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Leesa Shanley Mark G. McDonald Court Services Supervisor Chief Administrative Officer Jim Bundschuh Director of Financial Services 82 REPORT TO COUNTY COUNCIL INTRODUCTION: DISCUSSION: RECOMMENDATION: 83 YTDCurrent Month County of Elgin Income StatementActualActual Perform.Perform. ExpensesExpenses As of March 31, 2013 RevenueNetNetRevenueNetNet TotalTotal (6,275,787) 20 (6,275,767) (20) (6,275,787) - (6,275,787) (0) - - - 0 - - - 0 10 Total Corporate(6,790,522)1,255,403(5,535,118) (6,305,680)3,966258,054(6,047,626)0 --(0) - - - - - 26 Total Departmental(6,886,517)10,303,5943,417,077235,152(2,178,012)4,261,9622,083,95082,120 27 Total(13,677,039)11,558,997(2,118,041)239,118(8,483,691)4,520,016(3,963,676)82,120 84 REPORT TO COUNTY COUNCIL FROM: Stephen Francom Manager of Archives DATE: April 2, 2013 SUBJECT: Elgin County Archives – Recent Acquisitions and Activities INTRODUCTION: The Elgin County Archives is pleased to present an overview of recent acquisitions and activities for Council’s information. DISCUSSION: This report provides information on recent initiatives of the Elgin County Archives, focusing on: Acquisitions; Programming and Outreach; Research; Projects; Volunteer Recruitment; Professional Development; Facility; Strategic Planning. Acquisitions Key collections of records recently acquired include: - Elgin County Women’s Institute Tweedsmuir History Books - Larry Broadbent collection - Elgin County 4-H records - Timken Canada LP, St. Thomas Plant records - Steve Peters papers - Thames Valley District School Board records relating to closed Elgin County/ City of St. Thomas schools. Programming and Outreach Activities undertaken to promote greater public awareness of and appreciation for the resources and programs of the Archives include: 1. Exhibits mounted in the Archives reference room - Elgin County One Room Schoolhouses - John Wise, 1935-2013 2. Exhibits prepared for community organizations - Thames EMS for National EMS Week, May 19-25 - St. Thomas-Elgin Local Immigration Partnership th - West Elgin Secondary School 60 Anniversary - St. Thomas-Elgin General Hospital: Commemorating the Dr. J.W. Snell School of Nursing 3. Exhibits prepared for display in external venues - Legislative Assembly of Ontario, Queen’s Park, Toronto: History of St. Thomas Psychiatric Hospital, January-June, 2013 4. Virtual exhibits mounted online via the Archives website th - Town of Aylmer 125 Anniversary - Ford St. Thomas Assembly Plant 85 - St. Thomas Psychiatric Hospital 5. Social media tools - Flickr photo sharing site – surpassed 500,000 views; averaging nearly 1,000 views/day. Projects Key projects completed or continuing include: 1. Elgin County Women’s Institutes Tweedsmuir History Books digitization - 28 volumes, 6200 pages, 2000 photographs digitized and published online, March-December, 2012 - Project continuing March-December, 2013 2. St. Thomas Times-Journal photographs digitization - Two summer students worked May-August, 2012 under the Young Canada Works in Heritage Institutions and Canada Summer Jobs programs: digitized, described and published online approximately 7,000 photographs/ captions - Pending funding confirmation, two students will be hired to continue work on this project, May-August, 2013. Research Archives staff provide timely, in-depth research assistance to County Council/ Staff, Partner Municipality officials, family historians, academics, community partner organizations, media. Examples of major research projects assisted include: 1. County Administrative Services staff for information and images used in honouring/ commemorating past Wardens K.C. Emerson, J. Wise, M. Millman 2. Norr Ltd. consulting architects and engineers for information and images used in interpretive panels for the remodelled Elgin County Court House 3. Timmins Martelle Heritage Consultants for assistance in disposing archaeological survey of new forensic psychiatric facility site, St. Thomas 4. HCD Steering Committee, Heritage Central Elgin for information and images used in preparing phase one report on proposed Port Stanley Heritage Conservation District 5. County Museum staff and guest curator for information and images included in upcoming exhibits on Elgin-St. Thomas railway heritage, Alma College artists/ art instruction 6. Economic Development and Tourism staff for information and images used in new Elgin County Heritage Guide 7. St. Thomas Downtown Development Board for Talbot Street historic images wrapping project 8. North America Railway Hall of Fame for images for permanent exhibition. Professional Development Archives staff completed professional education courses/ seminars on Copyright Legislation, Digital Preservation Management, Records Management, and Integrated Pest Management. Volunteer Recruitment A total of 14 volunteers were recruited and assisted Archives staff by 1. arranging and describing significant collections: - St. Thomas Kiwanis Club fonds 86 - Elgin Federation of Agriculture fonds - Steve Peters papers 2. creating virtual exhibits for display on the Archives website: th - Town of Aylmer 125 Anniversary - Ford St. Thomas Assembly Plant - St. Thomas Psychiatric Hospital. Facility The Archives is facing an imminent need for additional storage space and will require a facility expansion within five years to continue fulfilling its operational mandate to acquire and preserve records of the County of Elgin, its partner municipalities and private records of enduring historical significance for Elgin County and region. Strategic Planning The Archives has identified the following as key strategic operational objectives for the coming year: 1. To continue and accelerate the digitization and online publication of key components of its collections 2. To continue to identify and acquire high value collections of significance in documenting the history of Elgin County 3. To increase revenue generation 4. To develop and implement a digital assets preservation management policy/ plan. CONCLUSION: The Elgin County Archives is pleased to present this overview of recent initiatives, with particular respect to acquisitions, programming and outreach, research, projects, professional development, volunteer recruitment, facility and strategic planning. RECOMMENDATION: THAT the report titled “Elgin County Archives – Recent Acquisitions and Activities” dated April 2, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Stephen Francom Mark G. McDonald Manager of Archives Chief Administrative Officer Brian Masschaele Director of Community and Cultural Services 87 REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: April 5, 2013 SUBJECT: 2013 International Plowing Match Agricultural Legacy Scholarship INTRODUCTION: This report informs Council that applications for the 2013 International Plowing Match (IPM) Agricultural Legacy Scholarship are now being sought, with an application deadline of May 15, 2013. DISCUSSION/CONCLUSION: 2013 marks the second year in the ten-year funding plan for the IPM Legacy Scholarship. The criteria and process established by Council in 2012 worked well for the scholarship’s first year of applications. As a result, staff are not proposing any modifications to the process for 2013. Scholarships will be made available to one female and one male in the amount of $2,500 each to study at a college or university in an agriculturally-related program. A call for applications was recently publicized through local media, area high schools and the University of Guelph as attached to this report. In addition, posters have been placed in local libraries and a prominent link has been placed on the County’s homepage. Councillors are also urged to publicize the scholarship’s availability to local st councils and in the community. Award winners will be announced by July 1, 2013, following which Council will have an opportunity to formally recognize the recipients. RECOMMENDATION: THAT the report titled “2013 International Plowing Match Agricultural Legacy Scholarship” dated April 5, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Brian Masschaele Mark G. McDonald Director of Community and Cultural Services Chief Administrative Officer 88 89 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Sonia Beavers, Purchasing Coordinator DATE: April 5, 2013 SUBJECT: Awarding Tenders: New Dutton Emergency Medical Services (EMS) Base; Bobier Villa Generator Replacement; and Largie Bridge Replacement, Dutton/Dunwich INTRODUCTION: Staff has issued Request for Tenders (RFT’s), per the County’s purchasing policy, to accelerate three project timelines. This report is requesting permission for staff to award these tenders before the next County Council meeting, so long as the lowest bids are accepted and within budget allocations. DISCUSSION/CONCLUSION: Two RFT’s have been issued, as follows: (a) New Dutton EMS Base and Bobier Villa Generator Replacement; and, (b) Largie Bridge Replacement, Duff Line, Dutton/Dunwich. The RFT’s is scheduled to close on May 30, 2013 and the following Council meeting is scheduled for June 11, 2013. In order to expedite the projects, staff is requesting permission to award these tenders, if the lowest tender is selected and within budget allocations. Results will be reported to County Council at the May 28, 2013 meeting. RECOMMENDATION: THAT the report titled “Awarding Tenders: New Dutton Emergency Medical Services Base (EMS) and Bobier Villa Generator replacement; and Largie Bridge Replacement, Dutton/Dunwich” dated April 5, 2013 be received and filed; and, THAT staff award the following tenders as long as the County’s Purchasing Policy is followed, lowest tenders are selected and within budget allocations: (a) New Dutton EMS Base and Bobier Villa Generator Replacement; and, (b) Largie Bridge Replacement, Dutton/Dunwich. THAT staff report back to Council with the results at the June 11, 2013 Council meeting. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer Sonia Beavers Purchasing Coordinator 90 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director Engineering Services Sonia Beavers, Purchasing Coordinator DATE: March 13, 2013 SUBJECT: Signage Removal and Installation, Contract No. 6260-13-10A INTRODUCTION: As part of the approved 2013 Capital Budget, a tender was advertised as per the County's Procurement Policy and submissions were received until Tuesday, March 12, 2013 for Signage Removal and Installation, Contract No. 6260-13-10A. DISCUSSION/CONCLUSION: Three companies submitted bids for the installation of regulatory and warning signs. Regulatory and warning signs are replaced on a 15-year interval. The bids were received as follows: Company Bid (exclusive of taxes) Gary D. Robinson Contracting Limited $224,450.00 Kasey Installation and Construction $229,500.00 Sparta Tree (1640313 Ontario Inc.) $237,150.00 Gary D. Robinson Contracting Limited submitted the lowest bid for the Signage Removal and Installation Tender at a total price of $224,450.00 exclusive of H.S.T. The bid includes the installation of 2,027 regulatory and warning signs throughout the Township of Malahide and the Municipality of Central Elgin. The lowest submitted bid is within budget estimates. In 2014, a tender will be issued to replace regulatory and warning signs throughout the Municipality of Dutton/Dunwich, Township of Southwold and the Municipality of West Elgin. As per the County of Elgin’s Purchasing Policy, if change orders are required for any of the above listed projects and the cost increases above the tender amount approved by Council by less than 10%, and the amount is within the overall budgeted project amount, work will proceed upon authorization by the Director. However, if the cost increases above the tender amount approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures. 91 In 2014 a tender will be issued for Regulatory and Warning Signs to be installed in the Municipality of Dutton/Dunwich, Township of Southwold and the Municipality of West Elgin. In 2015, 2016 and 2017, information signs on County Roads will be replaced through a tendering process. RECOMMENDATION: THAT Gary D. Robinson Contracting Limited be selected for the 2013 Signage Removal and Installation, Contract No. 6260-13-10A at the total price of $224,450.00 plus applicable taxes. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director Engineering Services Chief Administrative Officer Sonia Beavers Purchasing Coordinator 92 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: March 26, 2013 SUBJECT: Emergency Medical Services Chiefs of Canada National Database Data Sharing Agreement INTRODUCTION: The Paramedic Chiefs of Canada (PCC) has outlined various strategies for the development of a proposed set of emergency medical services (EMS) performance measurements for a National EMS Database. DISCUSSION: An application was completed by the PCC, through the Canadian Police Research Centre, for grant funding to develop a National EMS Database. The database will assist in developing comprehensive performance measures to create the standardization of reporting and performance metrics across the country, while protecting confidential information. The development of performance measurements will offer participants the most effective use of resources while enhancing patient care. The first step of this process is to determine interest to participate in this process and will require the signing of a Data Sharing Agreement [Attached]. This agreement will not adversely affect the County of Elgin financially and information will be provided at no cost to the County. CONCLUSION: Staff is seeking approval from County Council to sign the Data Sharing Agreement, in order to participate in the Emergency Medical Services Paramedic Chiefs of Canada’s National Database. RECOMMENDATION: THAT the report titled “Emergency Medical Services Chiefs of Canada – National Database Data Sharing Agreement” dated March 26, 2013, be received and filed; and, THAT the Warden and Chief Administrative Officer be authorized and directed to sign the attached Data Sharing Agreement with the Emergency Medical Services Chiefs of Canada (EMSCC). All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 93 DATA SHARING AGREEMENT Agreement This Data Sharing Agreement (the “”) is entered into this _____ day of _________, 2013 between: Emergency Medical Services Chiefs of Canada (EMSCC), a not for profit corporation incorporated under the laws of the Canada Corporation Act EMSCCSuccessor (“” OR ); - and - [CORPORATION OF THE COUNTY OF ELGIN], a corporation incorporated under the laws of [Ontario] “Emergency Services Provider” () “Party”“Parties” (each a and together, the ) RECITALS A. EMSCC is developing and operating a National Emergency Medical Services (EMS) “National EMS Database” Database () containing non-identifying EMS incident data from participating emergency service providers that can be used by EMSCC, emergency service providers and others for approved planning, quality improvement and research “Permitted Purposes” purposes (the ); “ePCR” B. Emergency Services Provider maintains an electronic patient care record () in connection with the provision of emergency services; C. Emergency Services Provider agrees to disclose certain non-identifying data from its Limited Data Set ePCR (“”) to EMSCC to populate the National EMS Database; and D. EMSCC agrees to safeguard the information contained within the National EMS Database and to provide only access to such information in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the parties agree as follows: 1. PERMITTED PURPOSE 1.1 The Parties acknowledge that the National EMS Database is being created with the intention of sharing non-identifying EMS data with EMSCC, emergency services providers throughout Canada who contribute data to the National EMS Database and third party organizations for the Permitted Purposes or for such other purposes as may be agreed to in writing from time to time. 1.2 The Parties acknowledge that the creation of the infrastructure for the National EMS Database by EMSCC is part of a pilot project that is being funded through a federal grant “Pilot Project” which is of limited scope and duration (). The Parties acknowledge that the obligations under this Agreement may continue in another manner or form, as agreed by the Parties. 2. STATUTORY COMPLIANCE 2.1 It is acknowledged by the Parties that the National EMS Database consists solely of non-identifying information and does not contain personal information or personal health information as those terms are defined under applicable Canadian and provincial privacy laws. 94 2.2 Notwithstanding section 2.1 above, in operating and using the National EMS Database, the Parties agree to comply with any applicable laws, this Agreement and industry standards related to the architecture, technology, privacy and security of the National EMS Database and any data derived therefrom. 3. DISCLOSURE OF LIMITED DATA SET TO EMSCC 3.1 Emergency Services Provider agrees to disclose the Limited Data Set to EMSCC for the purpose of creating a National EMS database and for the Permitted Purposes. For purposes of this Agreement, the Limited Data Set shall consist of the non-identifying health information set out in Appendix A, as may be amended from time to time. 3.2 Transfer of the Limited Data Set shall take place in a secure manner in accordance with one of the approved methodologies set out in Schedule B [NTD – this will allow you to identify the option to “push” or “pull” the necessary data and the parameters of each]. 3.3 The Parties shall, from time to time, determine in writing, the frequency and timetable to be used respecting the transfer of the Limited Data Set under this Agreement. 4. OBLIGATIONS OF EMSCC 4.1 EMSCC (including without limitation its agents, employees, officers, directors, and volunteers) shall not use or disclose the Limited Data Set except as permitted under the terms of this Agreement or as required by law. 4.2 EMSCC shall use appropriate safeguards to prevent use or disclosure of the Limited Data Set other than as permitted under this Agreement. 4.3 EMSCC shall notify Emergency Services Provider of any use or disclosure of the Limited Data Set in violation of this Agreement by EMSCC, its officers, directors, employees, contractors or agents, or by any third party promptly upon EMSCC having knowledge of any such violation. Such notice shall be made by telephone, followed by written particulars of the incident. The Parties shall work cooperatively to try to mitigate the impact of any privacy or security breach. 4.4 EMSCC shall ensure that its agents, contractors and subcontractors (collectively Contractors “”) to whom it provides any portion of the Limited Data Set shall comply with all restrictions and conditions that apply to EMSCC with respect to the use of the Limited Data Set and that no Contractor shall use or disclose such information except as permitted under the terms of this Agreement or as required by law. EMSCC further agrees that it shall obtain and maintain, throughout the term of this Agreement, an agreement with each Contractor that has or will have access to the Limited Data Set by or through EMSCC, under which such Contractor agrees to be bound by the same restrictions, terms and conditions that apply to EMSCC pursuant to this Agreement. 4.5 EMSCC agrees not to use the Limited Data Set in such a way as to identify any individual and further agrees not to contact any individual who may be a subject within the Limited Data Set. 5. ACCESS AND USE OF NATIONAL EMS DATABASE 5.1 Access and use of the National EMS Database shall be managed by a committee or board [NTD identify name], with representation from various EMS providers which will oversee the access and use of the data. 95 5.2 Access to the National EMS Database shall be determined by the [COMMITTEE] in accordance with established need and predetermined criteria. In providing access, each user shall be required to agree to such terms and conditions as determined from time to time. 6. TERM AND TERMINATION 6.1 The term of this Agreement shall commence as of the effective date set forth above and shall terminate upon the completion of the Pilot Project [Alternatively, could set a specific date]. 6.2 The Parties may terminate this Agreement at any time by mutual agreement in writing. 6.3 Upon Emergency Services Provider’s knowledge of a material breach by EMSCC, Emergency Services Provider shall provide EMSCC with written notice of the breach and an opportunity to cure the breach within 30 calendar days of receipt of such notice. EMSCC shall immediately take steps to mitigate the breach and shall cure the breach within the 30 day notice period. If EMSCC fails to mitigate and cure the breach within the notice period Emergency Services Provider may immediately terminate this Agreement. 6.4 EMSCC may terminate this Agreement at any time, without fault or liability if funding is no longer provided to support the Pilot Project. 7. INDEMNIFICATION Emergency Services Provider and EMSCC shall each defend, indemnify and hold harmless the other from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorney’s fees, to the extent caused by or arising out of any breach of this Agreement or failure to perform the obligations hereunder, by the indemnifying party, its employees, officers, volunteers or Contractors. The indemnity obligations set forth in this Section 7 shall survive termination of this Agreement. 8. MISCELLANEOUS 8.1 Severability - Should any provision of this Agreement be found to be invalid by a court of competent jurisdiction, that provision shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. 8.2 Governing Laws – This Agreement shall be governed by the laws of Ontario and the federal laws applicable therein. The Parties consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under this Agreement. 8.3 Entire Agreement - This Agreement contains all of the agreements, representations and understanding of the Parties and supersedes and replaces any and all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. Any amendment to this Agreement must be in writing and signed by duly authorized officers of each party. 8.4 Amending Procedure and Schedule Amendments. This Agreement and any Schedules may be amended by the written agreement of the Parties. 8.5 Changes that Affect the Agreement - The Parties undertake to give one another written notice of any changes in legislation, regulations or policies respecting those Parties that are likely to affect this Agreement. 96 8.6 Independent Contractors - This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between the Parties. Except as expressly set out herein, no Party shall have any right to obligate or bind any other Party in any manner whatsoever. Each Party shall ensure that neither it nor any of its agents represents to any third party that it or they have authority to bind any other Party. 8.7 Assignment - This Agreement shall not be assigned without the written consent of Parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives effective as of the day and year set forth above. ) Emergency Medical Services Chiefs of ) Canada ) ) Per: ) Name: ) ) Title: ) ) Per: ) ) Name: ) Title: ) EMERGENCY SERVICES PROVIDER ) ) ) Per: ) Name: Cameron McWilliam ) Title: Warden ) ) ) Per: ) Name: Mark G. McDonald ) ) Title: Chief Administrative Officer 97 Appendix A: ePCR Data elements to be collected / shared Phase 1 Response Information Service / Station Geographic location (Lat/Long or UTM to 1 KM) Municipality Vehicle Information Dispatch Details / Times Crew Level Call Type Clinical Information Chief Complaint Incident History Relevant Past History Medications Allergies Treatment prior to Arrival Cardiac Arrest Information Physical Exam Vital Signs Age/Gender/Weight General Appearance Head/Neck Chest Abdomen Back/Pelvis Extremities Treatment Procedures Results Time Destination / Facility 98 Appendix B: Data transfer process Option 1 _____ Direct upload from Interdev hosted iMEDIC client servers to Interdev hosted EMSCC National Database Server. Option 2 Other Data transfer process (describe) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ___________________________________________________________________________ 99 REPORT TO COUNTY COUNCIL FROM: Rob Bryce, Director of Human Resources DATE: April 4, 2013 SUBJECT: Service Recognition Awards INTRODUCTION: Since 1987, County employees have been given awards in recognition of achieving service milestones. Employees having achieved between five (5) and forty (40) years of service - in five year increments - are formally recognized and receive a gift card currently valued between $75 and $525. Employees having achieved twenty-five (25) years of service receive a watch or clock from a local jeweller. Formal recognition of service milestones represents an important reward system that should be retained. Such reward systems are an important component of being an Employer of Choice and broadly contribute to retention and employee satisfaction strategies. Human Resources staff believe, however, that the current process is administratively cumbersome, is too generous in many respects relative to what is offered in other municipal settings, and limits the choice of award. The purpose of this report is to seek Council’s approval of changes to this policy that will correct the present deficiencies. A revised policy is attached. DISCUSSION: Main concerns with the current policy pertain to eligibility and administration of the program. Current milestone award costs are also an important consideration in this economic climate. First, eligible recipients currently include both part-time and full-time employees. As such, in some cases, part time staff having worked fewer hours than full time colleagues have received awards with higher value. This is unfair and in such circumstances disadvantages full time staff relative to part-time peers. Part-time unionized staff already receive significant recognition in the form of additional remuneration between 9 -14% of income in lieu of benefits. As such, it is recommended that the practise of awarding part time staff be eliminated. Second, monetary levels of awards should be adjusted to reflect current employment conditions of the area. Proposed changes accomplish this by reducing program award costs. The addition of a letter from the Warden is proposed and a service lapel pin and framed recognition certificate will continue to be awarded. The revised policy is intended to continue to recognize important service milestones in one’s career with the County. It is also intended to be fair, to reflect current economic 100 realities in our communities, and to be competitive with other best practises of public employers. The revised policy retains many elements of the current program that are appreciated by employees, such as receipt of gift cards. Other valued elements include a service lapel pin, a framed certificate recognizing the service milestone, and continuation of the Christmas luncheon. CONCLUSION: The recommended changes to Human Resources Policy Number 10.130 will address identified issues while ensuring that service milestones continue to be celebrated. Revisions to HR Policy 12.100 will be necessary to ensure the revisions are aligned with other County of Elgin policy. RECOMMENDATION: THAT County Council approve the report titled “Service Recognition Awards” dated April 4, 2013 and the corresponding policy changes be adopted (Human Resources Policy Numbers 10.130 and 12.100) and made effective January 1, 2014. All of which is Respectfully Submitted Approved for Submission Rob Bryce Mark G. McDonald Director of Human Resources Chief Administrative Officer 101 10 The County of Elgin Section: EmployeeService Human Resources Policy Manual Subject: Recognition 10.130 Policy Number: AFTJan. 1/10 Code – Date Approved: Jan. 1/14 Page 1 of 1 Date Last Revision: Employees will be given awards as set out below on the completion of the following years of service: In recognition of employees’ contributions to the success of the County of Elgin, service milestones of employees will be recognized in five years increments, starting with five years of full time service. Eligible full-time employees will be given awards as set out below on the completion of the following years of service: FULL TIME/PART TIME YEARS OF SERVICE VALUE OF AWARD GIFT 50 5 Years $75Gift Certificate and Letter of Recognition 100 10 Years $125Gift Certificate 150 15 Years $175Gift Certificate,Print orJewellery 200 20 Years $225Gift Certificate, Print , or Jewellery 250 25 Years $325An engraved watch or clock from Jeweller of choice to continue the symbolization of time 300 30 Years $375Gift Certificate, County Ring, Print, or Jewellery 350 35 Years $425Gift Certificate, County Ring, Print, or Jewellery 400 40 years $525Gift Certificate, County Ring, Print, or Jewellery Awards will be given in the form of Gift card. As such service milestones are achieved, eligible full time a letter of recognition from the Warden,. employees will receive a lapel pin and a recognition certificate All expenses associated with these awards will be chargeable to the Corporate Expenses account. Starting at the 10 year service milestone, eligible non-union employees may elect one (1) day off with pay in lieu of an award. Starting at the 25 year service milestone, eligible non-union employees may elect two (2) days off with pay in lieu of an award. Such time off shall be taken within twelve (12) months of reaching the milestone date and not negatively impact departmental operations. All dollar thresholds will be adjusted upwards by $25.00 per category every five (5) years commencing in 2010. Part Time Employees becoming Full Time employees during the calendar year in which a milestone is reach will be treated as full-time for award purposes. Employees transferring from full time to part time status will be ineligible to receive an award in a subsequent milestone year. 102 Special Presentations: Special presentations for employees may be arranged by Directors at their discretion. Presentations for ten (10) years of service and above will be made once a year at the December Council Session. These staff members will be invited to the Council meeting and Christmas lunch. Department Heads will present the five (5) year service awards to their employees at their work location once a year at the end of November. 103 12 County of Elgin Section: Payments on Retirement Human Resources Policy Manual Subject: 12.100 Policy Number: NU/L FT June 17/87 Code - Date Approved: Jan. 1/ 14 Page 1 of 1 Date Last Revision: Full-Time Employees: ofas of date of retirement Retiring full-time employees with more than five (5) years service will 10.00 receive a retirement allowance, calculated at $20.00 per year of service. to amaximum of $500.00. Such employees with more than (15) fifteen and less than (25) twenty-five years service will also receivean engraved watch. All retiringemployees with five (5) or more years will be invited to County Council in the monththey retire and will receive an invitations to the Warden's All retiring full-time employees with five (5) Banquet.held during the year of theirretirement. or more years of service as of their date of retirement will be invited to County Council in the month preceding retirement and will receive two (2) invitations to attend the next Warden’s Banquet. Part-Time Employees: Retiring part-time employees with more than five (5) yearsservice will receive a retirement allowance, calculated at $10.00 per year of service to a maximum of $250.00. All retiring employees with five (5) or more years will be invited to County Council in the monththey retire and will receive an invitation to theWarden's Banquet. held during the year of their retirement. 104 REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy Director of Homes & Seniors Services DATE: April 8, 2013 SUBJECT: Terrace Lodge Fire Safety Inspection INTRODUCTION: The Director of Fire and Emergency Services for Malahide Township conducted an inspection and issued an Inspection Order at Terrace Lodge to be completed by April 30, 2013. DISCUSSION: Two inspection orders have been issued at Terrace Lodge. The first item requires an engineers stamp approving the spray insulation for several areas recently completed. The engineers stamp would confirm that the fire separation has been maintained. This is in process and expected to be completed by April 30, 2013. The second issue is related to staffing levels in the absence of a sprinkler system throughout the building. According to the Office of the Fire Marshal requirement; TG-02-2012 Staffing Levels for the Emergency Evacuation of Residents in Care Occupancies, the Director of Fire and Emergency Services has issued an order indicating the Terrace Lodge does not meet the minimum requirements to ensure safe evacuation of residents. This requirement is specific to the night shift. Accordingly, the order would necessitate the addition of at least one full time staff member on the night shift. The formula to calculate the staffing level requirements takes in to consideration the distance from resident rooms to the nearest exit, the acuity/mobility level of residents and the number of home staff on duty to assist in evacuation. The order must be met by April 30, 2013. Once the fire sprinkler system is installed throughout the home, a recalculation of staffing levels will be completed to reassess the requirement for the additional staff on nights. The estimated cost to add one full time position to the night shift 7 days per week from April 30, 2013 until approximate completion of the sprinkler system installation is $20,000. 105 CONCLUSION: The Director of Fire and Emergency Services for Malahide issued an order to Terrace Lodge to meet the requirements of the Staffing Levels for the Emergency Evacuation of Residents in Care Occupancies April 30, 2013. RECOMMENDATION: THAT Council direct staff to meet the requirements of the Office of the Fire Marshal TG-02-2012 Staffing Levels for the Emergency Evacuation of Residents in Care Occupancies; and, THAT upon installation of the fire sprinkler system and inspection by the Director of Fire and Emergency Services for Malahide Township, staff report back to Council concerning the staffing level requirements; and, THAT the report titled “Terrace Lodge Fire Safety Inspection” dated April 8, 2013, be received and filed. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark G. McDonald Director of Homes & Seniors Services Chief Administrative Officer 106 REPORT TO COUNTY COUNCIL FROM: Rhonda Duffy, Director of Homes and Seniors Services Brian Masschaele, Director of Community and Cultural Services DATE: April 12, 2013 SUBJECT: Community Integration – Network Services Agreements INTRODUCTION: This report recommends Council’s authorization to enter into a data sharing agreement for the receipt of placement applications for Long Term Care Homes (LTCH) referred by the Community Care Access Centre (CCAC) electronically. The eReferral, a standard electronic application, was created by the CCAC and shared with LTCH for purposes of application review. DISCUSSION: The eReferral enables CCACs and the LTCHs in their Local Health Integration Network area to share information related to client applications to LTCH electronically through the Health Partner Gateway (HPG). Applications are sharable for Long Term Placement, Short Stay Interim Placement, and Short Stay Convalescent Care Placement. Applications for Short Stay Respite cannot be shared at this time. Essentially, the agreement extends the “circle of care” and implied consent provisions within the Personal Health Information Protection Act (PHIPA) to facilitate the sharing of personal medical information without having to obtain the individual’s consent each time this is done. This agreement will lead to a more efficient application process while still ensuring adequate privacy protections for personal health information are in place. Staff and the county solicitor have reviewed the agreement and have no concerns regarding its authorization and administration. The County has a well-established Health Information Management Policy that contains appropriate provisions and safeguards on use and disclosure of personal health information and this agreement does not compromise these provisions. CONCLUSION: The eReferral portal allows the LTCH to view each referral, as well as view the assessments and referral documents that make up the Referral Package for the CCAC client. Where the LTCH used to respond to referrals by a faxed response form, they can now respond on-line through the portal, and their response is communicated back to the CCAC. This data sharing agreement will further add to the effectiveness of this program by allowing County staff and delivery agents to share information about clients in a secure and timely manner. 107 RECOMMENDATION: THAT the Chief Administrative Officer be authorized to execute the “Community Integration – Network Services Agreements” on behalf of the County’s Long Term Care Homes; and, THAT the Director of Homes and Seniors Services be listed as the Primary Contact and the Director of Community and Cultural Services as the Privacy Officer for the purposes of this agreement. All of which is Respectfully Submitted Approved for Submission Brian Masschaele Mark G. McDonald Director of Community and Cultural Services Chief Administrative Officer Rhonda Duffy Director of Homes and Seniors Services 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 CLOSED MEETING AGENDA April 23, 2013 Correspondence: 1) Warden McWilliam – Municipal Act, Section 240.2(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose – SCOR Partnership Considerations Staff Reports: 1) Chief Administrative Officer – Municipal Act, Section 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board –Negotiated Agreements Review 2) Director of Financial Services – Municipal Act, Section 240.2 (c) a proposed or pending acquisition or disposition of land by the municipality or local board – Provincial Offences Act (POA) Facilities 3) Director of Engineering Services – Municipal Act, Section 240.2 (d) labour relations or employee negotiations – Land Ambulance Services 4) Director of Engineering Services – Municipal Act, Section 240.2 (a) the security of the property of the municipality or local board– 1342961 Ontario Inc. (Hennessey Hogan) Lease 5) Director of Engineering Services – Municipal Act, Section 240.2 (a) the security of the property of the municipality or local board– ARC Financial Planning Group Ltd. (Brad Bedford) Lease 164