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07 - April 14, 2020 County Council Agenda Package 00 llgin n Table of Contents I. Orders —April 14, 2020..................................................................... 2 II. Special Meeting of County Council Minutes — March 24, 2020, Meeting #1... 3 III. Special Meeting of County Council Minutes — March 24, 2020, Meeting #2... 7 IV. Reports Index —April 14, 2020............................................................ 16 V. Report —Warden's Activity Report....................................................... 18 VI. Report — Elgin County 2020 Grant and Festival Events Partnership 20 Program Allocations......................................................................... VI I. Report - Final Plan Approval, Helen M. Spriet and Red Lion Properties 23 Ltd................................................................................................................... Vill. Report - Electronic Bidding Update...................................................... 25 IX. Report - Tourism Membership and Program Fees................................... 54 X. Report - Cycling Master Plan Update................................................... 57 XI. Report - Roadside Environments......................................................... 61 XI I. Report — Contract Award of Three Tenders —Asphalt Crack Sealing, Cold 65 In-Place Recycling with Expanded Asphalt Material, and Granular `A' Shouldering.................................................................................... XI I I. Report — Tender No. 2020-T09 Results —Wonderland Road Reconstruction 68 XIV. Report — Contract Award —Warren Street Intersection Improvements 70 Tender No. 2020-T20........................................................................ XV. Report — COVID-19: Changes to Fees and Charges................................ 73 XVI. Report — Clearing Exemption Application — Pt Lot 40, Concession SE of the 83 North Branch of Talbot Road, Township of Southwold.............................. XVII. Report — Proposed Amendment to By-Law 18-35.................................... 85 XVIII. Report — Proposed Amendment to By-Law 19-40.................................... 92 XIX. Report — Frustration of Terrace Lodge Pool Use Agreement — Elgin 99 (County) — YWCA of St. Thomas-Elgin................................................. XX. Report — Frustration of Meals-On-Wheels Supply Agreement — Elgin 105 (County) — Victorian Order of Nurses for Canada — Ontario Branch............ XXI. Report — Frustration of Meals-On-Wheels Supply Agreement — Elgin 111 (County) —West Elgin Community Health Centre.................................... XXII. Report — COVID-19: Business Continuity Planning................................. 117 XXIII. Correspondence — Consideration Index................................................ 146 XXIV. A Letter from the Elgin Federation of Agriculture..................................... 147 XXV. Correspondence — Information Index................................................... 149 XXVI. A Letter from the Canadian National Railway......................................... 150 XXVII. A Letter from the Minister of Long-Term Care........................................ 152 XXVIII. An Update from the Association of Municipalities of Ontario...................... 154 XXIX. Closed Meeting Agenda.................................................................... 155 Y��I�ElginCouriA. ;.. . ORDERS OF THE DAY FOR TUESDAY, APRIL 14, 2020 - 9:00 A.M. ORDER 1st Meeting Called to Order 2nd Adoption of Minutes — March 24, 2020 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Motion to Move Into "Committee Of The Whole Council" 5th Reports of Council, Outside Boards and Staff 6th Council Correspondence 1) Items for Consideration 2) Items for Information (Consent Agenda) 7th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 8th Closed Meeting Items 9th Recess 10th Motion to Rise and Report 11th Motion to Adopt Recommendations from the Committee Of The Whole 12th Consideration of By-laws 13th ADJOURNMENT Video Conference Meeting — IN-PERSON PARTICIPATION RESTRICTED NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting- https-//www.facebook.com/ElginCountyAdmin/ Accessible formats available upon request. 2 ➢gi Progressive by Mature SPECIAL MEETING OF ELGIN COUNTY COUNCIL MINUTES Tuesday, March 24, 2020—Meeting#1 COVID-19 NOTICE:Attendance of the public in person was subject to compliance with orders of the Province of Ontario and social distancing guidelines. Residents who travelled outside Canada within the last 14 days, residents who were in close contact with a confirmed or probable case of COVID-19, or residents with a fever, cough, shortness of breath,were requested not attend the meeting in person to help prevent any potential spread of COVID-19. Council Present: Warden Dave Mennill (electronic) Deputy Warden Duncan McPhail (in-person) Councillor Bob Purcell (electronic) Councillor Sally Martyn (electronic) Councillor Tom Marks (in-person) Councillor Mary French (electronic) Councillor Grant Jones (electronic) Councillor Dominique Giguere (electronic) Councillor Ed Ketchabaw(in-person) Staff Present: Julie Gonyou, Chief Administrative Officer(in-person) Jim Bundschuh, Director of Financial Services (electronic) Brian Lima, Director of Engineering Services (in-person) Brian Masschaele, Director of Community and Cultural Services (in-person) Steve Gibson, County Solicitor(in-person) Jeff Smith, Community Emergency Management Coordinator(in-person) Carolyn Krahn, Legislative Services Coordinator(in-person) 1. CALL TO ORDER Elgin County Council met this 24th day of March, 2020 in the Council Chambers, at the County Administration Building, St. Thomas at 1:00 PM with Warden Mennill in the chair. Some Councillors participated electronically by teleconference. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 3. COMMITTEE OF THE WHOLE Moved by: Councillor Purcell Seconded by: Councillor Jones Resolved that we do now move into Committee of the Whole Council. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 3 4. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 4.1 By-Law 20-13 to Amend Procedural By-Law (No. 19-41) — Electronic Participation—Chief Administrative Officer The Chief Administrative Officer presented a report regarding electronic participation in Council meetings during emergencies. On March 18, 2020, the Ontario Legislature passed Bill 187, Municipal Emergency Act,2020,which received Royal Assent and is now in force.This Act allows councils to conduct meetings remotely. Moved by: Councillor Martyn Seconded by: Councillor French Resolved that the Council of the County of Elgin receives the report from the Chief Administrative Officer/Clerk dated March 22,2020 titled "By-law 20-13 to Amend Procedural-By-law(No. 19-41)—Electronic Participation" as presented; and further that the Council of the County of Elgin considers approving the Amended Procedural By-law. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 5. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Marks Seconded by: Councillor Ketchabaw Resolved that we do now adopt recommendations of the Committee Of The Whole. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 4 6. CONSIDERATION OF BY-LAWS 6.1 By-Law 20-13—Amendment to the Procedural By-Law Being a By-Law to Amend By-Law No. 19-41, referred to as the Procedural By- Law. Moved by: Councillor Purcell Seconded by: Councillor Jones Resolved that By-law No. 20-13 be now read a first, second and third time and finally passed. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 6.2 By-law 20-14—Confirming all Actions and Proceedings BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the March 24, 2020 Meeting#1. Moved by: Councillor Martyn Seconded by: Councillor Giguere Resolved that By-Law No.20-14 be now read a first, second and third time and finally passed. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 7. ADJOURNMENT Moved by: Councillor Marks Seconded by: Councillor Purcell Resolved that we do now adjourn at 1:09 PM to meet again on March 24,2020 at the County Administration Building Council Chambers at 1:10 PM. 5 Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. 6 ➢gi `' r ,/ Progressive by Mature SPECIAL MEETING OF ELGIN COUNTY COUNCIL MINUTES Tuesday, March 24, 2020—Meeting#2 COVID-19 NOTICE:Attendance of the public in person was subject to compliance with orders of the Province of Ontario and social distancing guidelines. Residents who travelled outside Canada within the last 14 days, residents who were in close contact with a confirmed or probable case of COVID-19, or residents with a fever, cough, shortness of breath,were requested not attend the meeting in person to help prevent any potential spread of COVID-19. Council Present: Warden Dave Mennill (electronic) Deputy Warden Duncan McPhail (in-person) Councillor Bob Purcell (electronic) Councillor Sally Martyn (electronic) Councillor Tom Marks (in-person) Councillor Mary French (electronic) Councillor Grant Jones (electronic) Councillor Dominique Giguere (electronic) Councillor Ed Ketchabaw(in-person) Staff Present: Julie Gonyou, Chief Administrative Officer(in-person) Jim Bundschuh, Director of Financial Services (electronic) Brian Lima, Director of Engineering Services (in-person) Brian Masschaele, Director of Community and Cultural Services (in-person) Steve Gibson, County Solicitor(in-person) Jeff Smith, Community Emergency Management Coordinator(in-person) Carolyn Krahn, Legislative Services Coordinator(in-person) 1. CALL TO ORDER Elgin County Council met this 24th day of March, 2020 in the Council Chambers, at the County Administration Building, St. Thomas at 1:10 PM with Warden Mennill in the chair. Some Councillors participated electronically by teleconference. 2. WARDEN'S REMARKS AND COVID-19 UPDATE FROM THE CHIEF ADMINISTRATIVE OFFICER County Council observed a Moment of Silence in memory of Councillor Linda Stevenson, City of St.Thomas. The Warden welcomed everyone to the County's first ever Council Meeting conducted by teleconference and expressed his support of the actions taken by the provincial government and the local and provincial public health authorities to respond to the COVID-19 pandemic. The Warden assured residents and businesses that the County is committed to responding cooperatively, responsibly, and with the full strength of their resources to this community health crisis. The Warden presented an update on the County's Covid-19 response to date. Most Elgin County services continue to operate, although often in a different format. Residents are encouraged to visit the County's website or to call County Administration for more information. Senior staff and the Emergency Management Coordinator have been working proactively for weeks and are making informed and important decisions to protect citizens and workers. On behalf of Council, the Warden expressed Council's commitment to supporting staff and the community. The Chief Administrative Officer expressed staff's commitment to doing their part to support the directives of Council, public health experts and the Government of Ontario in helping to slow the spread of the virus in this community and commended staff from across the organization for their leadership,flexibility and support. 3. ADOPTION OF MINUTES Moved by: Councillor Jones Seconded by: Councillor Ketchabaw Resolved that the minutes of the meeting held on March 10,2020 be adopted. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 4. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Purcell Seconded by: Councillor French Resolved that we do now move into Committee of the Whole Council. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Repeal of the Elgin County Pandemic Plan, 2009—Community Emergency Management Coordinator The Community Emergency Management Coordinator presented a report providing details about the County of Elgin's Pandemic Plan. The Pandemic Plan, written in 2009, does not meet the needs of staff to continue to deliver vital services to the County's citizens and its Local Municipal Partners. Moved by: Councillor McPhail Seconded by: Councillor Marks 8 Resolved that the Council of the County of Elgin receives the report from the Community Emergency Management Coordinator and Chief Administrative Officer; and further that Council of the County of Elgin considers approving By- Law 20-16 being a By-Law to repeal and withdraw the Elgin County Pandemic Plan, dated and approved November 10, 2009. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 6.2 COVID-19—Director of Financial Services The Director of Financial Services presented a report regarding the economic hardships created by the COVID-19 pandemic. Many of the County's Local Municipal Partners have implemented or are considering tax penalty relief to their residents.As residents delay payments to the County's municipal partners,the municipal partners will begin to experience cashflow issues,which will make it difficult for them to meet the March 31 deadline for the levy payment to the County. Moved by: Councillor Jones Seconded by: Councillor Purcell Resolved that 30-day levy penalty relief be provided to the municipal partners for the March 31, 2020 tax instalment in recognition of the economic hardships the COVID-19 pandemic is creating. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 6.3 COVID-19 Delegation BV-Law—Chief Administrative Officer The Chief Administrative Officer presented a report regarding the continuity of service during the COVID-19 pandemic. In the event that Council or its Committees is unable to act due to the current situation, the COVID-19 Delegation By-Law will allow Council to delegate temporarily its authority and powers to make decisions by elected Council to a body comprised of specified members of Council and the Chief Administrative Officer/Clerk of the Corporation,subject to 9 restrictions prescribed by the Municipal Act,2001 and the provisions in the By- Law. Moved by: Councillor Giguere Seconded by: Councillor Martyn Resolved that the Council of the County of Elgin receives the report from the Chief Administrative Officer/Clerk dated March 22,2020 titled "COVID-19 Delegation By-Law," presented to Council in response to the COVID-19 Pandemic; and further that the Council of the County of Elgin considers approving By-Law No. 20- 15 Being a By-law Authorizing the Delegation of Authority During a Declared State of Emergency. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 7. OTHER BUSINESS 7.1 Statements/Inquiries by Members None. 7.2 Notice of Motion None. 7.3 Matters of UrgencV 7.3.1 The Chief Administrative Officer requested that an item be added to the Closed Meeting Agenda—Municipal Act Section 239 2(b)—personal matters about an identifiable individual, including municipal or local board employees, (d)labour relations or employee negotiations—Essential Services Review and Staff Redeployment. Moved by: Councillor Purcell Seconded by: Councillor Marks Resolved that the Essential Services Review item as requested by the Chief Administrative Officer be added to the agenda for the Closed Meeting. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes 10 Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 7. CLOSED MEETING ITEMS Moved by: Councillor Giguere Seconded by: Councillor French Resolved that we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239 (2): In-Camera Item#1 (b)—personal matters about an identifiable individual, including municipal or local board employees,(d) labour relations or employee negotiations—Essential Services Review and Staff Redeployment Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 8. MOTION TO RISE AND REPORT Moved by: Councillor Guiguere Seconded by: Councillor Martyn Resolved that we do now rise and report. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. In-Camera Item#1 —Essential Services Review and Staff Redeployment Moved by: Councillor Purcell Seconded by: Councillor Jones 11 Resolved that the confidential report be received; and, that the Chief Administrative Officer proceed as directed. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 9. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Martyn Seconded by: Councillor Marks Resolved that we do now adopt recommendations of the Committee of The Whole. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 10. CONSIDERATION OF BY-LAWS 10.1 By-Law 20-15—Delegation of Authority Being a By-Law authorizing the delegation of authority during a declared state of emergency. Moved by: Councillor Jones Seconded by: Councillor Marks Resolved that By-law No. 20-15 be now read a first, second and third time and finally passed. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes 12 Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 10.2 By-Law 20-16—Repeal and Withdraw the Elgin County Pandemic Plan Being a By-Law to Repeal and Withdraw the Elgin County Pandemic Plan Dated and Approved November 10, 2009. Moved by: Councillor Ketchabaw Seconded by: Councillor French Resolved that By-law No. 20-16 be now read a first, second and third time and finally passed. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 10.3 By-Law 20-17—Confirming all Actions and Proceedings Being a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the March 24, 2020 Special Meeting#2. Moved by: Councillor Martyn Seconded by: Councillor Purcell Resolved that By-Law No. 20-16 be now read a first, second and third time and finally passed. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. 13 11. ADJOURNMENT Moved by: Councillor Purcell Seconded by: Councillor French Resolved that we do now adjourn at 1:54 PM. Recorded Vote Yes No West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 - Motion Carried. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. 14 March 24, 2020 @ 1:00 pm Special Council Meeting —COVID-19 Update, CAO Julie Gonyou (Meeting held by Teleconference) Thank you, Mr. Warden and Members of Council. As the COVID-19 situation continues to develop, Elgin County staff are committed to doing our part to support the directives of Council, public health experts and the Government of Ontario in helping to slow the spread of the virus in our community. We have adapted as many services as possible to encourage service delivery online or over the phone. We are leaning into providing continuity of municipal functions, in particular, essential services, while maintaining a safe environment for staff and the public. On a daily basis, we have implemented a number of new processes and staff have embraced these changes and they have done a remarkable job adapting to this evolving situation. Staff across the organization are working together to support our essential service areas. Your leadership team has been working around the clock to ensure staff and the public are informed, work environments are safe, and guidelines are prepared to ensure continuity of operations. As time goes on, we expect that ongoing adjustments to the way we offer services will be required. While we have some concerns, in particular, staffing of our Long-Term Care Homes and the availability of supplies and Personal Protective Equipment, we remain calm. Without question, I am most thankful for our absolutely incredible team who has been shifting duties and learning new tools — in order to address the challenges we are facing during these unprecedented times. We are sharing the workload and are thankful to County Council for your support. [end] 15 REPORTS OF COUNCIL AND STAFF April 14, 2020 Council Reports —ATTACHED Warden —Warden's Activity Report — March 2020 Councillor Ketchabaw— Elgin County 2020 Grant and Festival Events Partnership Program Allocations Staff Reports —ATTACHED Manager of Planning — Final Plan Approval, Helen M. Spriet and Red Lion Properties Ltd., Part of Lots 7, 8,10,11,12,13,14,17 and 21 and all of Lot 9, Reg. Plan 292 (C), Geographic Township of Former Village of Belmont, Municipality of Central Elgin, File No.:34T-CE1802 Purchasing Coordinator— Electronic Bidding Update General Manager of Economic Development — Tourism Membership and Program Fees Director of Engineering Services — Cycling Master Plan Update Director of Engineering Services — Roadside Environments Director of Engineering Services — Contract Award of Three Tenders —Asphalt Crack Sealing, Cold In-Place Recycling with Expanded Asphalt Material, and Granular `A' Shouldering Director of Engineering Services — Tender No. 2020-T09 Results —Wonderland Road Reconstruction Director of Engineering Services — Contract Award —Warren Street Intersection Improvements Tender No. 2020-T20 Director of Financial Services — COVID-19: Changes to Fees and Charges County Solicitor— Clearing Exemption Application — Pt Lot 40, Concession SE of the North Branch of Talbot Road, Township of Southwold County Solicitor— Proposed Amendment to By-Law 18-35, Being a By-Law Establishing Meeting Procedures for Elgin County Land Division Committee — Provision for Electronic Participation in Committee Meetings During a Declared State of Emergency County Solicitor— Proposed Amendment to By-Law 19-40, Being a By-Law Establishing Meeting Procedures for Committees — Provision for Electronic Participation in Committee Meetings During a Declared State of Emergency 16 County Solicitor— Frustration of Terrace Lodge Pool Use Agreement — Elgin (County) — YWCA of St. Thomas-Elgin County Solicitor— Frustration of Meals-On-Wheels Supply Agreement — Elgin (County) — Victorian Order of Nurses for Canada — Ontario Branch County Solicitor— Frustration of Meals-On-Wheels Supply Agreement — Elgin (County) — West Elgin Community Health Centre Chief Administrative Officer— COVID-19: Business Continuity Planning 17 m m^"mxiwr EIgt-11CU"tuu�� REPORT TO COUNTY COUNCIL FROM: Warden Dave Mennill DATE: March 31, 2020 SUBJECT: Warden's Activity Report — March 2020 RECOMMENDATION: THAT the report titled "Warden's Activity Report — March 2020" from Warden Dave Mennill dated April 4, 2020 be received and filed. INTRODUCTION: The purpose of this report is to provide an overview of the activities and meetings of the Warden. ACTIVITIES: • Elgin County is taking many important steps to support our community's response to COVID-19 (coronavirus disease) and measures taken by Southwestern Public Health. We are monitoring our operations daily to ensure we are taking the right actions to protect our residents, employees and visitors. Updates are posted regularly to a dedicated COVID-19 landing page on the County's website www.elgincounty.ca/covid-19. • As a result of the COVID-19 pandemic developments in our region, as Warden, I declared a State of Emergency for Elgin County on March 21, 2020 at 11.00 am. This action was taken jointly with Mayors from the City of St. Thomas, Municipality of Bayham, Municipality of Central Elgin, Township of Southwold, Municipality of Dutton Dunwich and the Township of Malahide who all declared a local State of Emergency for their municipalities. All municipalities in Elgin County have now declared a local State of Emergency, including the Town of Aylmer and the Municipality of West Elgin - both of which made similar declarations on March 19t" and March 20t" respectively. • Upon returning from Uruguay, South America on March 20t" 2020, my family has been self-isolating. We made the decision to cancel our plans to visit Buenos Aires in Argentina and shorten our trip by a week. • A Special Meeting of Elgin County Council was called on March 24t" 2020 in response to COVID-19 and amendments were made to Council's Procedural By- law to allow for electronic participation and Council approved a By-law to temporarily delegate its authority if unable to hold a meeting. 18 • Municipal partner meetings are held on a daily basis with Southwestern Public Health. • 1 consented to the closure of all Elgin County Libraries and the Heritage Centre on March 16, 2020. • 1 have issued press releases on the following: o Terrace Lodge Building Project — Notice of Delay o Warden's Golf Tournament — Postponed o Elgin County's Long-Term Care Homes — Update o Support for Elgin County's Business Community o Notice to Elgin County Cottagers o Launch of#ElginStrong Campaign o COVID-19 Update (Services) o Declaration of State of Emergency o COVID-19 Update (March 15 — Services) • This has been a busy month with a number of changes to our regular operations and I would like to commend all staff for their proactive response to COVID-19 in our community. All of which is Respectfully Submitted Dave Mennill Warden 19 m m^"mxiwr EIgt-11CU"tuu�� REPORT TO COUNTY COUNCIL FROM: Councillor Ed Ketchabaw, Chair Rural Initiatives and Planning Advisory Committee DATE: April 4, 2020 SUBJECT: Elgin County 2020 Grant and Festival Events Partnership Program Allocations RECOMMENDATIONS: THAT the report titled "Elgin County 2020 Grant and Festival Events Partnership Program Allocations" from Councillor Ed Ketchabaw, dated April 4, 2020 be received and filed; and THAT the following funds be granted as part of the Elgin County 2020 Grant and Festival Partnership Program Allocations: Tillsonburg and District Multi-Service Centre $4780 Quad County Support Services $2000 Second Stage Housing $13400; and THAT the aforementioned allocations be paid 90% up front, with the remaining funds to be paid upon receipt of the final report; and FINALLY THAT the Rural Initiatives and Planning Advisory Committee meet in May- June 2020 to reassess the remaining requests for grants and make additional recommendations to County Council at that time. INTRODUCTION: The purpose of this report is to review the 2020 Grant and Festival Events Partnership Program allocations as recommended by the Rural Initiatives and Planning Advisory Committee, with amendments as suggested by the Chief Administrative Officer (CAO), which includes support for organizations providing services at this time and recommends delaying decisions with respect to events and programs. GRANT ALLOCATIONS: At its meeting on March 10, 2020, the Rural Initiatives and Planning Advisory (RIPA) Committee received applications for grants from 14 community organizations totaling $82,980. County Council, as part of its 2020 budget process, approved a budget of $61,871 for grants. The Rural Initiatives Committee reviewed and carefully scored each application and the recommendations are noted in the chart below. A number of events and programs have been cancelled in Elgin County in response to the COVID-19 pandemic, provincial orders to limit gatherings, the closure of non- essential businesses and our community's efforts to stop the spread of the virus locally. 20 As a result, the CAO has recommended that the decision to provide grant funding to support events and programs be deferred and that funding be provided, without delay, to Tillsonburg & District Multi-Service Centre, Quad County Support Services and Second Stage Housing. These programs are on the frontlines of our communities, and it is essential that we support them through this challenging time by providing 90% of the recommended grant allocation up front, with the remaining 10% to be allocated with the final report. The RIPA Committee recommended the following grant allocations: III " ��� 11y1 ii : II In n'rn m µ cn i6 L.. n m i6 u6 n n rn Shedden 4500 4500 4500 4500 Delay Agricultural Society Wallacetown 10000 10000 10000 7000 Delay Agricultural Society J Rodney-Aldborough 6000 6000 6000 6600 ["1 D 11 elay Agricultural Society Aylmer& East Elgin 7500 7500 7500 7500 Delay Agricultural Society ................................................... Elgin 4-H 2O00 2000 2000 2000 Delay Association Tillsonburg & 4780 4780 4780 4780 4780 District Multi- Service Centre Quad County 2000 2000 2000 f 2000 2 11 000 Support Services"I """,'I'll""II'll","I'll""Il""Il""'I'll""Il""Il""II'll'Il""Il""'I'll""II'll","I'll""Il""Il""'I'll""Il""Il""II'll'Il""Il""'I'll""I'll""'I'll'I'll'Il",""""""""""""""'I'll""II'll","I'll""II'll"I'll'Il""Il""Il",'I........................................... Senior's Picnic 2500 1200 1500 1275 Delay .. ......... Second Stage 20000 14120 20000 113400 13400 Housing...... .. .. Eat 2 Learn 5000 5000 J 7500 5000 1 Delay ..... Elgin County 200 154 200 200 Delay Plowman's Association STEAM Centre..... 5000.... 3494....... 12000 3000 Delay West Elgin 0 0 5000 5000 Delay Renaming Committee Fanshawe College 500 500 500 500 Delay PSW Total 2020 (ask) 82890 ... Total 2020 61880 (recommended allocation) CAO ... 20180 recommendation** (*) PSW not included in the total as it is included in the Warden's 2020 budget. (**) CAO recommendation during the COVID-19 pandemic. CONCLUSION: It is recommended that the remainder of the grant allocations be reviewed in May-June 2020 by the RIPA Committee and considered by Council at a later date. Additional 21 information is required from the applicants with respect to the status of the events/programs proposed in their original applications. Warden Mennill recently announced the postponement of the Warden's 2020 Golf Tournament. Should the Golf Tournament be cancelled, the RIPA Committee, and by extension County Council, may wish to consider redirecting some grant funds to United Way or other community organizations/charities not included in the above list of applicants. This will be discussed with the RIPA Committee. All of which is Respectfully Submitted Councillor Ed Ketchabaw 22 _Y`�� REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: March 5, 2020 Subject: Final Plan Approval Helen M. Spriet and Red Lion Properties Ltd. Part of Lots 7, 8,10,11,12,13,14,17 and 21 and all of Lot 9, Reg. Plan 292 (C) Geographic Township of Former Village of Belmont Municipality of Central Elgin File No.:34T-CE1802 RECOMMENDATION: THAT the report titled "Final Plan Approval, Helen M. Spriet and Red Lion Properties Ltd...." from the Manager of Planning, dated March 5, 2020, be received and filed. INTRODUCTION: This report is to advise County Council that final approval was given for a plan of subdivision in Belmont on March 5, 2020. (see attached map) DISCUSSION: This plan of subdivision comprises 32 lots for single detached dwellings. Draft plan approval for this subdivision was given by Elgin County Council on March 12, 2019. The subject lands are located in the Village of Belmont and they will be developed on full municipal services. The County received clearance letters from the Municipality of Central Elgin and Canada Post. In accordance with By-Law No. 13-28 "A By-Law to Delegate Certain Authorities..." the Manager of Planning has been given the authority to approve final plans of subdivision once all of the conditions of draft plan approval have been met and after clearance letters have been received. CONCLUSION: This report is to advise that final approval of this plan of subdivision was granted and the plans were signed by the Manager of Planning on March 5, 2020 and forwarded to the Middlesex Land Registry Office for registration. The Municipality of Central Elgin and the developer have been notified. All of which is Respectfully Submitted Approved for Submission Steve Evans Julie Gonyou Manager of Planning Chief Administrative Officer 23 „ r , rnii� G„ rr�i/� %// ' /� r ,,, ! ,,,,,,,,, /�////%%�� /%/� �� i,/J/ /irk,,,,,,,%,, ,.. ,<..✓ h� `.i ,,�, 7T t HAVE i/iii/mmror/i / ! �,v�c�� v� 7�TH AVEM �/�1�/R ,a, /// ,�YY/! ������`� r ,,, �,,,�; rf i%%/,/ � r�l��� �ramiaxtrl° m��� ��� iY/ir,✓ ;, «micirhuu„ 'P i m �'�„il il�,// AT,AN WAY /, , /irr %r///`% / %I% � / JrO '> /il � r 1 / / !/. % WA HourwoST' It/ � A'/,;,, YAM.= 1 f! 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NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows- 1. THAT the County of Elgin Procurement Policy, attached as Schedule "A", be and is hereby authorized as the standard to be followed for the procurement of all goods and services for the County of Elgin. 2. THAT By-Law No. 13-19 be repealed. 3. THAT this By-Law shall come into force and take effect upon its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10t" DAY OF MARCH 2O20. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. 31 SCHEDULE A By-Law No. 20-07 PROCUREMENT POLICY 1.0 OBJECTIVE 1.1 This Procurement 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, Suppliers 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 to County Council. 1.3 The Council of the Corporation of the County of Elgin recognizes its responsibility for reviewing and updating the existing Procurement Policy to ensure compliance with respect to the Municipal Act, 2001, Part VI, Section 270, as amended. 2.0 DEFINITIONS In this policy, unless a contrary intention appears, the following definitions apply: "Agreement" means a formal written legal agreement or contract for the supply of goods, services, equipment or construction. "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 Supplier 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 Supplier in response to a request for the purchase of goods or services issued by the County. "Bidder" means supplier or contractor from whom the County has received a Tender or Quotation, that is subject to acceptance or rejection. "Bid Irregularity" means a deviation between the requirements of the Bid and the information provided or received in a Bid response. 32 "Consultant" means the person or firm, who by virtue of a particular expertise is selected by the County to undertake a specific task or assignment that may include designing specifications and preparing plans or programs. "Contract" or"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. "Contractor" means a person or company that agrees to conduct work for the County as specified under the terms of a contract. "County" or "Corporation" means the Corporation of the County of Elgin, and, for purposes of this Procurement Policy includes its User Departments. "Cooperative Purchasing" means the participation of two or more public agencies in a Request for Quotation, Tender or Proposal call. "Council" shall mean the elected Municipal Council of the Corporation of the County of Elgin. "Designate" means a person authorized by the Director to act on their behalf for the purposes of this policy. "Director" refers to a head of a County User Department operating within the County of Elgin. "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 specifically by or on behalf of the County, to be executed by the Supplier and the County. "Expression of Interest" means a submission in response to a Request for Expression of Interest (RFEI). "Goods and Services" includes supplies, materials, equipment, property and contracts for construction, maintenance, service or consulting and professional services. "In-House Bids" also known as "Managed Bids" shall mean that during the Public Procurement Process, an agency within 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 Supplier is insured in accordance with the County's insurance requirements as contained in the bid documents. 33 "Irregularities Contained in Bids" include but are not necessarily limited to those items identified in Appendix C hereto and further include the associated consequence specified therein. "Labour and Material Bond" means a bond issued by a surety company executed in connection with a contract to ensure that the contractor will pay their suppliers and thereby protects the County against claims which might be pursued by a supplier to the contractor should the contractor not make proper payments. "Normal Operating Expenditure" means expenditure of an operational recurring nature and does not include one-time special or capital expenditure. "Performance Bond" means a bond issued by a surety company executed in connection with a contract and which secures the performance and fulfillment of the undertakings, covenants, terms, conditions and obligations contained in an agreement with the County. "Performance Security" shall mean a financial guarantee to ensure the successful Bidder will enter into an agreement. "Procurement" or "Purchase" means to acquire by purchase, rental, lease or trade. "Proponent" means supplier, consultant or service provider from whom the County has received a formal Proposal, in response to a publicly advertised Request for Proposal, that is subject to acceptance or rejection. "Proposal" means a submission to provide specified services, or to provide certain goods, which contains pricing and options, in response to a Request for Proposal. "Purchase Order" means the purchasing document used to formalize a purchasing transaction with a Supplier. "Purchasing Coordinator" means a person responsible for administering and coordinating the purchasing function at the County. "Request for Quotation" or "RFQ' means a competitive request for prices on specific goods and/or services from Suppliers which are submitted as specified in the Request for Quotation. "Request for Expression of Interest" or "RFEI" means a public request made by the County seeking responses from potential Suppliers for the purposes of compiling a list of Suppliers who may be interested in providing Goods and/or Services to the County from time to time. "Request for Information" is used as a general market research tool to determine what products and services are available, scope-out business requirements, and/or estimate project costs. 34 "Request for Pre-Qualification" or "RFPQ" is a procurement process used to prequalify potential Suppliers in which factors such as financial capability, experience, and reputation are considered in order to develop a list of qualified Suppliers for subsequent participation in an invitational bid opportunity. "Request for Proposal" or "RFP" means a competitive process where a need is identified, but the method by which it will be achieved is unknown at the outset. This process allows Proponents to propose solutions or methods to arrive at the desired result. "Request for Tender" or "RFT" means a competitive request for prices on specific goods and/or services from Suppliers which are submitted as specified in the Request for Tender. "Single Source" means there is more than one source in the open market but only for reasons of function or service one Supplier 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 offering goods or services to the County including but not limited to contractors, consultants, vendors and service organizations. "Tender" means a bid which contains an offer to execute some specified services or to supply certain specified goods, at a certain price, in response to a publicly advertised Request for Tender. "User Department" means the Department within the County Administration that requires the Goods and Services. 3.0 PURCHASING RESPONSIBILITIES/AUTHORITY 3.1 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. 3.2 The Director of Finance may appoint a Purchasing Coordinator to exercise any or all responsibilities assigned in this policy. 3.3 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 Procurement Policy provides guidelines outlining how spending authority is to be used. Levels of contract approval authority are summarized in Appendix "A". 3.4 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 35 approved cost of an approved project, provided such purchases are made in accordance with this Procurement policy. The requisitioning User Department, in conjunction with the Purchasing Coordinator, will ensure that the Goods and Services are properly approved and that funds are available. 3.5 Where expenditure estimates approved in the budget have been subject to a Request for Quotation, Request for Tender or Request for Proposal, 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. 3.6 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. 3.7 Normal Operating Expenditures incurred prior to the adoption of the annual budget shall not require approval of such expenditures and shall be deemed ratified upon the adoption of the annual budget. 3.8 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 contact the Supplier and attempt to negotiate to have said deficiencies corrected. 3.9 Prior to Council's approval of the current Budget, a User 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. 3.10 Resolutions approving budget amendments, capital expenditures or special appropriations shall contain the purpose of expenditure, cost estimates or expenditure limitation, and the fund in which an appropriation has been provided. 3.11 During the public procurement process, in-house bids will not be considered. 3.12 The Purchasing Coordinator and/or Director of Financial Services may review User Department purchases on an ongoing basis to review the effectiveness and integrity of the process and policy adherence. 3.13 This Procurement 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. 3.14 Goods and Services that are not subject to this By-Law are listed in "Appendix B". 36 4.0 METHODS OF PROCUREMENT 4.1 Low Dollar Value Procurements (up to $15,000) a) Procurements up to $15,000 shall be considered low dollar value procurements. b) All low dollar value procurements shall utilize applicable County contracts and shall otherwise be in accordance with this policy. c) 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. d) All information on low dollar value procurements must be documented and maintained on file. e) Low dollar value procurements do not require a Request for Quotation (RFQ), Request for Proposal (RFP) or Request for Tender (RFT). However, obtaining competitive quotes is considered a good business practice and should be exercised. f) The Purchasing Coordinator may conduct reviews to ensure the requirements of this section and all other applicable sections of this policy have been met. 4.2 Request for Quotation (up to $100,000) a) For Goods and Services for estimated expenditures greater than $15,000, the Director or designate, in consultation with the Director of Financial Services or Purchasing Coordinator, shall be authorized to make purchases of goods and services provided: i. the requirement can be fully defined; 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 the Purchasing Coordinator, in writing, the relevant specifications, budget authorization, terms and conditions for the purchase of the good, services or construction; iv. At least three (3) written bids must be 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 User Department shall be responsible to review the competitive bid and verify that all terms, conditions and specifications of the bid are met; vii. The County reserves the right in its absolute sole discretion to accept or reject any bid; viii. The Purchasing Coordinator may conduct reviews to ensure the requirements of this section and all other applicable sections of this policy have been met; 37 ix. If 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. b) Informal Quotation (greater than $15,000 but not greater than $50,000) In addition to the requirements set forth in Section 4.2a above and for procurement of goods and services of a value greater than $15,000 but not greater than $50,000 the following requirements also apply: i. Specifications (as applicable) can be issued and Bids can be received by electronic transmission; ii. Bids may be submitted on a specified weekday at a specified time; iii. The e-bidding system may be utilized for Request for Quotations in this dollar value range. c) Formal Quotation (greater than $50,000 but not greater than $100,000) In addition to the requirements set forth in Section 4.2a above and for procurement of goods and services of a value greater than $50,000 but not greater than $100,000 the following requirements also apply: i. Request for Quotation documents will be provided to Bidders; ii. Bids must be submitted electronically on a specified weekday at a specified time; iii. The e-bidding system will be utilized for Request for Quotations in this dollar value range. Submissions will be electronically sealed by the bidding system until the closing date and time. d) Approval i. In addition to the requirements set forth in Section 4.2a,b and c above, the Director or any employee exercising delegated authority approval and the Purchasing Coordinator must 'oil ntly approve the award. 4.3 Request for Tender (greater than $100,000) a) For goods and services for estimated expenditures greater than $100,000, the Director or Designate and the Director of Financial Services or Purchasing Coordinator shall be authorized to issue a Request for Tender provided: i. Request for Tender documents are to be provided to Bidders; ii. Bids must be submitted electronically on a specified weekday at a specified time; iii. The project is specifically included within the approved budget and the total submitted price does not exceed the approved budget allocation for the project. b) The e-bidding system will be utilized for all Tenders and submissions will be electronically sealed by the bidding system until the closing date and time. c) The Purchasing Coordinator shall forward to the User Department a summary of the bids subject to review by the Director. 38 d) Council reports initiated for a Request for Tender shall contain a recommendation outlining the sources of financing, allocation of revenues, and other financial commentary as considered appropriate. e) Approval i. Approval of a Request for Tender must follow the process detailed in Section 5.0. 4.4 Request for Proposal a) The Request for Proposal process 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. b) A Request for Information or a Request for Expression of Interest 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/or the selection of qualified suppliers. c) The Purchasing Coordinator shall maintain a list of suggested evaluation criteria for assistance in formulating an evaluation method for use in an RFP. This may include but is not limited to factors such as qualifications and experience, strategy, approach, methodology, scheduling, past performance, facilities, equipment, pricing, life cycle costing, standardization of product and aspects that would support environmental procurement. d) Directors or any employee exercising delegated authority approval shall identify appropriate evaluation criteria from the list maintained by the Purchasing Coordinator 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 is not limited to quality and cost. e) An optional two-envelope process may be used for RFP's. The two-envelope process means the proposal is submitted with the pricing sealed separately. The pricing is un-sealed if the Proponent meets the minimum threshold score listed in the RFP document. f) The Director or any employee exercising delegated authority approval shall provide to the Purchasing Coordinator in writing, the budget authorization, terms of reference and evaluation criteria to be applied in evaluating the proposals submitted. g) The Purchasing Coordinator will be the lead in the evaluation process. A selection committee will be formed with a minimum of three evaluators and be comprised of at least two representatives from User Department(s). Evaluators shall review all proposals against the established criteria, reach consensus on the final rating results, and ensure that the final rating results, with supporting 39 documents, are kept in the procurement file. The Purchasing Coordinator may or may not participate in the scoring of the proposals. h) During the proposal process, all communication with Proponents shall be through the Purchasing Coordinator. i) The Purchasing Coordinator 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 RFP. The Purchasing Coordinator is responsible for documenting the determination of best value. j) With respect to all Reports to Council initiated for the RFP, the following information will be included: i. sources of financing and/or allocation of revenues and other financial commentary as considered appropriate; ii. criteria and analysis to determine best value; iii. recommended successful Proponent and cost; iv. a copy of the RFP document (as attachment 1); v. a summary of the RFP document posting including dates, submissions and plan takers (as attachment 2); vi. a summary of the evaluation committee and confirmation that the evaluators have no pecuniary interests (as attachment 3). k) Reporting will not include a summary of prices, 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.O. 1990), as amended. 1) Unsuccessful Proponents may, upon request, attend a debriefing session with the Purchasing Coordinator to review the Proposal. Discussions relating to any Proposal 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 applicable. m) The e-bidding system will be utilized for Request for Proposals and submissions will be electronically sealed by the bidding system until the closing date and time. n) The County shall publish an award notice using the bidding system. o) Approval i. Approval of a Request for Proposal must follow the process detailed in Section 5.0. 40 4.5 Request for Pre-Qualification a) A Request for Pre-Qualification may be issued to pre-qualify Suppliers for various projects. The purpose of the RFPQ is to determine whether the qualifications of a Supplier, as required by the County, are at a level that will allow participation in a subsequent bid opportunity that takes place as a direct result of the RFPQ. b) A Supplier may be pre-qualified by providing an acceptable response to a RFPQ. Selection of pre- qualified Suppliers will be based on disclosed evaluation criteria. c) Supplier submissions will be evaluated and ranked by an Evaluation Committee and may consist of County staff and Consultant staff(if applicable). d) Only the Suppliers that reach the established threshold contained in the RFPQ document will be pre-qualified and invited to bid on the particular bid opportunity. e) Approval i. Approval of Pre-Qualified Suppliers will be made by the Purchasing Coordinator based on the evaluation committees ranking and scoring of Suppliers based on the established threshold noted in the RFPQ document. 4.6 Request for Expression of Interest a) A Request for Expression of Interest (RFEI) may be issued for the purpose of determining the availability of Suppliers and for the purpose of compiling a list of Suppliers. A RFEI may be used as a pre-condition to a Request for Proposal. b) The receipt of an Expression of Interest by the County does not create any obligation between the potential Supplier and the County. 4.7 Non-Competitive Purchases (Emergency, Sole and Single Source) 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 the Purchasing Coordinator if the procurement qualified as a, Sole Source or Single Source purchase. a) Emergency Procurement An "Emergency'includes immediate threat to: i. Public Health; ii. The maintenance of essential County services; and, 41 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 Chief Administrative Officer, Directors and their respective delegates are authorized to enter into a purchase agreement without the requirement of a formal competitive process. 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. b) 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. c) Single Source Single Source means 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: i. 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 compliant supplier. ii. The confidential nature of the requirement is such that it would not be in the public interest to solicit competitive bids. iii. 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). iv. It is advantageous to the County to acquire the goods or services directly from another public body or public service body. 42 V. 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. vi. Where due to abnormal market conditions, the goods, services or construction required are in short supply. d) Approval i) Awards which qualify to be considered as a Sole Source or Single Source must follow the process detailed in Section 5.0. 4.8 Blanket Order Contracts a) Blanket order contracts typically occur as a result of a previous competitive bid, which establishes a Supplier as the preferred source for Goods and Services, over a specified term. b) A Blanket Order may be used where: i. one or more User 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, Co-operative Purchasing consortium and Provincial Vendor of Record contracts; V. 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; vi. Where procurement action is initiated by a User Department for frequently used goods or services, it is to be made with the supplier or suppliers listed in the Blanket Order Contract; vii. Blanket Orders shall indicate the expected quantity of the specified goods or services to be purchased over the time period of the agreement and 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; viii. Blanket Orders shall be issued for a specific time period with all ordering User Departments responsible for maintaining purchases within budget allocations. 4.9 Cooperative Purchasing a) The County may participate with other government agencies or public authorities in cooperative purchasing where it is in the best interests of the County to do so. b) The decision to participate in cooperative purchasing agreements will be made by the Purchasing Coordinator in conjunction with the Director of Finance. 43 c) The individual policies of the government agencies or public authorities participating in the cooperative competitive bid are to be the accepted by-law for that particular competitive bid. 4.10 Leasing a) The Council of the County of Elgin may enter into a leasing agreement in accordance with the Municipal Act, 2001. b) 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. c) 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 provides 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. d) 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 by-law is not required for leases that are short term in nature of 120 days or less. 4.11 Exceptions a) A User 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. 5.0 PROCUREMENT APPROVAL 5.1 Any person delegated approval pursuant to this policy shall ensure that an approved budget exists for the proposed procurement and that such procurement does not violate any County policies or any applicable law. Any such procurement must also satisfy any applicable audit and documentation requirements of the County. 5.2 The following body and persons shall have the respective approval authority as set out below (see summary in Appendix "A"). All dollar amounts are based on annual amounts and must be within pre- approved budget limits. 44 a) County Council i. RFT greater than $250,000 ii. RFP greater than $250,000 iii. Sole Source or Single Source greater than $50,000 b) Directors (and Purchasing Coordinator jointly) i. RFQ/RFT not exceeding $250,000 ii. RFP not exceeding $250,000 iii. Sole Source or Single Source not exceeding $50,000 c) Employees exercising delegated authority i. Non-competitive procurements not exceeding $15,000 Approvals may be overridden in the case of an emergency as defined in Section 4.7(a) of this policy. 5.3 At the discretion of the Director of Financial Services, CAO or County Council, Council approval may be required irrespective of the value of the contract, if deemed in the best interest of the County. 5.4 Despite any other provision of this policy, the following contracts are subject to County Council approval; a) any contract requiring approval of the Ontario Municipal Board or any successor thereto, including but not limited to the Local Planning and Appeal Tribunal; b) any contract prescribed by statute to be made by the Municipality with the approval of Council or otherwise to be made by Council on behalf of and as binding upon the Municipality; c) where the cost amount proposed for acceptance is 10%greater than the County Council approved budget for that expenditure; d) where the net revenue amount proposed for acceptance is lower than the County Council approved budget; e) where a substantive objection emanating from the bid solicitation has been filed with a Director; f) where a major irregularity precludes the award of a contract to a Supplier. 5.5 Delegation of Approval Authority a) Delegation of Approval Authority means the formal delegation of authority to perform a task or approval by person in a position with authority under this policy, resulting in a 'delegate'. b) The CAO and Directors shall prepare a 'delegation of approval authority list' within their respective areas. i. The list will provide evidence that the staff listed have been delegated approval authority by the Director; ii. The list shall include the staff person's name, title and approval limit; iii. The list shall be updated upon any change in staff or position; iv. A copy of the list shall be sent to the Director of Finance and Purchasing Coordinator each time there is a revision and at the start of every year. 45 c) Staff that have been delegated approval authority from the CAO or Director shall have no authority to delegate this approval to any other person. d) From time to time temporary delegation must be defined in writing. 6.0 PERFORMANCE SECURITY, INSURANCE AND WSIB REQUIREMENTS For all tenders valued at over$100,000, the following guarantees, bonds, certificates and insurance must form part of the contract. 6.1 Performance Security a) 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. Bid bond (minimum 10% of the bid amount) ii. Performance bond (minimum 50% of the bid amount) iii. Labour and material payment bond (minimum 50% of the bid amount) b) Contracts valued at less than $100,000 may include guarantees at the discretion of the Director and Purchasing Coordinator. 6.2 Other Guarantees The Purchasing Coordinator, in consultation with the appropriate Director shall select any other appropriate means to guarantee execution and performance of the contract. Guarantees may include but are not necessarily limited to, one or more of the following; financial security deposit, provisions for liquidated damages, progress payments and holdbacks. 6.3 Insurance Documents and Workplace Safety and Insurance Board (WSIB) a) In order to further protect the County, the following documents will be required from all successful Bidders/Proponents performing work on County property; i. a current and valid certificate of insurance for the amount specified in the bid document; ii. a current and valid Workplace Safety and Insurance Board (WSIB) clearance certificate; iii. confirmation of compliance with AODA requirements; iv. confirmation of compliance with County policies. 7.0 CONTRACT ADMINISTRATION 7.1 The award of a contract may be made by way of an Agreement and/or purchase order. 46 7.2 A purchase order will be used when the resulting contract award is over$15,000. The Purchasing Coordinator will issue an authorized purchase order incorporating the terms and conditions relevant to the contract award. 7.3 An Agreement shall be used when the resulting contract is complex and contains special terms and conditions. 7.4 It shall be the responsibility of the Purchasing Coordinator to determine if it is in the best interest of the County to establish an Agreement with a Supplier. 7.5 Where an Agreement is required as a result of a contract award, the Warden and Chief Administrative Officer shall execute the Agreement in the name of the County. 7.6 Contract Renewal Options Where a contract contains an option for renewal, the Director and Purchasing Coordinator may jointly exercise such option provided that all of the following apply: a) The Supplier's performance in supplying the good and/or services or construction is considered to have met the requirements of the contract; b) Any price increases are consistent with the prevailing market conditions for the goods or services being purchased; c) The facts justifying the decision to award to this Supplier previously are still relevant at the time of contract renewal; d) The original report to Council (if applicable) clearly identified the options to extend the contract; e) Funds are available or will be available in appropriate accounts within the approved budget to meet the proposed expenditure; f) The contract renewal option is in the best interest of the County. 8.0 CONTRACTOR PERFORMANCE APPRAISAL SYSTEM 8.1 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 The implementation of the Contractor Performance Appraisal System will be at the discretion of the Director and/or the Purchasing Coordinator. The Contractor Performance Appraisal System is mandatory for all contracts valued over$100,000. 8.3 If issues arise, under the direction of the Purchasing Coordinator, the County's Project Manager will be asked to record their concerns using the Supplier Incident Reporting Form. Results will be shared with the Supplier and a verbal warning may be issued by the Purchasing Coordinator. If performance does not improve, a second Supplier Incident Reporting Form will be issued and results will be shared with the Supplier. The Purchasing Coordinator will issue a written warning to the Supplier. If performance 47 does not improve a third Supplier Incident Reporting Form will be initiated by the Project Manager and the results will be shared with the Supplier. Upon completion of the project, if a third Supplier Incident Reporting Form is issued, under the direction of the Purchasing Coordinator, the Project Manager will complete the applicable Performance Report. 8.4 Once the ranking on the applicable Performance Report has been completed, the results will be shared with the Supplier to discuss the overall ranking for the project. 8.5 The performance evaluation shall determine whether a Supplier will be: a) allowed to bid on future projects; b) 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, c) not recommended for future work for a maximum of three years. 8.6 In the event that a Supplier disputes the results of a Performance Report, recourse is available through the dispute resolution process set forth in section 9.0 below. 9.0 DISPUTE RESOLUTION In the event that a Supplier identifies a dispute regarding any process outlined in this policy, the County shall follow the steps below: a) meeting between the Supplier, the Director of the User Department and the Purchasing Coordinator, b) if(a) does not lead to a resolution, the decision can be appealed to the Director of Financial Services who will then convene a Review Committee. c) The Review Committee shall hear from both County staff and the Supplier at a time and place decided by the Committee. The Review Committee shall be comprised of the Chief Administrative Officer, Director of Financial Services and two (2) Directors or their designates. A quorum of the Review Committee shall be two of the four members. The decision of the Review Committee shall be in writing, a copy of which shall be provided to the Supplier and the Purchasing Coordinator. The decision of the Review Committee shall be final. 10.0 DOCUMENT ACCESS AND RETENTION 10.1 Access to Information a) 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 Protection of Privacy Act., R.S.O. 1990, as amended. 48 b) All records and information pertaining to tenders, proposals and other 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. c) In addition to the restriction against disclosure set forth in section 10.1b above, no records or information pertaining to Tenders, Proposals and Bids shall be disclosed in violation of the Municipal Freedom of Information and Protection of Privacy Act. 10.2 Document Retention a) All background information, information submitted by Suppliers, and any other relevant information involved in obtaining prices for goods and services through a formal competitive procurement process, shall be retained for the entire budget year and six (6) years in records retention. b) All background information, information submitted by a successful Supplier, resulting in a Contract or Agreement, shall be retained for a minimum of twenty (20) years in record retention. 11.0 ADVERTISING / BID POSTING 11.1 Advertising for bid opportunities estimated to exceed $50,000 excluding taxes shall be posted on one or more public tendering website with a direct link from the County's website. 12.0 GENERAL 12.1 Exclusion of Bidders in Litigation No Tender, Proposal or Quotation will be accepted from any Supplier 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. 49 12.2 Quarterly Report to Senior Management Team and County Council The Purchasing Coordinator shall submit to the Senior Management Team and County Council an information report (quarterly) containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000 including amendments, renewals and leases. The Director of Financial Services shall certify in the report that the awards are in compliance with the Procurement Policy. 12.3 Accessibility for Ontarians with Disabilities Act (AODA) The County, to the extent possible, shall incorporate accessibility design, criteria and features, when procuring or acquiring goods, services or facilities in accordance with the AODA. Where it is not practicable to incorporate the said accessibility design, criteria and features when procuring or acquiring goods, services or facilities, the County shall be prepared to provide, upon request, an explanation as to why this is the case. (Ontario Regulation 191/11). 12.4 Environmental Considerations In order to contribute to waste reduction and to increase the development and awareness of environmentally sound procurement 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. 12.5 Trade Agreements The Procurement Policy shall comply with all applicable trade agreements such as the Canada Free Trade Agreement (CFTA), the Comprehensive Economic and Trade Agreement (CETA) and any future trade agreements that are applicable to the County. 12.6 Local or Geographical Preference The County shall not give any local or geographical preference during the competitive bid process. The County may mandate certain bona fide on-site response time requirements for specific situations. 12.7 Receipt of Goods The Director or designate shall arrange for prompt inspection of goods on receipt to confirm conformance with the terms of the contract and inform the Purchasing Coordinator immediately of any discrepancies. 50 APPENDIX A LEVELS OF CONTRACT APPROVAL AUTHORITY Dollar Value Procurement Approval Authority Report to Policy (excluding taxes) Process Council Section Required Up to $15,000 Director or any employee exercising No 4.1 delegated authority approval Greater than Director or any employee exercising No 4.2 a,b $15,000 but less Informal RFQ delegated authority approval and than $50,000 Purchasing Coordinator Greater than RFQ Director or any employee exercising No 4.2 a,c $50,000 but less delegated authority approval and than $100,000 Purchasing Coordinator Up to $250,000 RFT/ RFP Director or any employee exercising No 4.3/4.4 delegated authority approval and Purchasing Coordinator Greater than RFT/ RFP County Council Yes 4.3/4.4 $250,000 Up to $50,000 Single Source Director and Director of Financial No 4.7 b,c or Sole Source Services or employee exercising delegated authority approval (jointly) Greater than Single Source County Council Yes 4.7 b,c $50,000 or Sole Source 51 APPENDIX B GOODS AND SERVICES NOT SUBJECT TO THIS POLICY Competitive Bids shall not be required for the following Goods and Services; a) Petty Cash Items b) 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) D 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 counselling services 1) Postage m) Utilities (Water, Sewage, Hydro, Gas,Telephone and Cable TV) n) Council approved grants 52 APPENDIX C IRREGULARITIES CONTAINED IN BIDS Late Bids Automatic Rejection Bidding system will not accept late bids. Incomplete, illegible or obscure bids Automatic Rejection. Documents, in which all necessary Bidding System does not accept bids that have not Addenda have not been acknowledged. acknowledged all addenda Failure to attend mandatory site visit. Automatic Rejection. Bids received on documents other than Automatic Rejection. those provided by the County. Conditions placed by the Bidder on the Automatic Rejection. Total Contract Price. Bids Containing Minor Mathematical The County has the right to correct minor Errors. mathematical errors. Performance Security a) Insufficient Performance Security (no Automatic Rejection. bid bond or insufficient bid bond). b) Signature of bidder and/or bonding company missing when bid bond Automatic Rejection. requested. 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 Purchasing Coordinator may use one of the following methods of dealing with tie bids, based upon the specific situation: 1) use a coin toss to select a recommended bid; 2) request the tie bidders to submit new bids; 3) negotiate with the tied bidders to break the tie. Other minor irregularities The Purchasing Coordinator, in conjunction with the Director of Finance shall have the authority to waive irregularities, which they jointly consider to be minor. 53 m m^"mxiwr EIgt-11CU"tuu�� REPORT TO COUNTY COUNCIL FROM: Alan Smith, General Manager of Economic Development DATE: April 6, 2020 SUBJECT: Tourism Membership and Program Fees RECOMMENDATIONS: THAT the report titled, "Tourism Membership and Program Fees", be received and filed for information; and THAT the fees associated with tourism programming and membership be waived for the year 2020. INTRODUCTION: These are unprecedented times for our country and local communities. This pandemic is not only affecting the health of individuals, but their economic well-being is also under considerable stress. All sectors of the economy have been impacted to some degree by COVID-19; some sectors, more than others, will take time to recover. Tourism is one such sector that is experiencing the negative economic impact inflicted by the pandemic as communities world-wide enact measures to "flatten the curve." Elgin County's tourism industry is not immune to the impact COVID-19 is having on its business community, recreational activities, and amenities. The 2020 tourism season in Elgin County, like others around the globe, will be impacted. The extent of this impact is currently unknown. Elgin County's tourism programming and promotion will need to adjust to accommodate the implications of COVID-19. This will entail some cancellations of various spring and summer promotional campaigns and will redefine some tourism programming. As a result, staff is recommending the waiving of all tourism membership and program fees for 2020. DISCUSSION: With borders closing, air travel restricted, and emergency measures in place to combat COVID-19, the tourism industry is going through difficult times, globally, nationally and locally. These are uncertain times for those businesses in Elgin County that depend on visitors to sustain their operations. Generally, at this time, Elgin County Tourism would be preparing to promote Elgin internationally, nationally and regionally to support the local tourism sector. Given that these campaigns are now being delayed, and promotional materials to support programs (like Savour Elgin and the Elgin Arts Trail) have been postponed, services to support tourism membership is now limited. Therefore, Economic Development and Tourism staff are recommending that charging 54 fees associated with these programs and services be waived for 2020. By waiving these fees, this would also include fees for tourism directional signage. It should be noted that new tourism signage might be installed this year, depending on how the restrictions on business services transpire. In any event, waiving these fees is still recommended. The following is a breakdown of expected 2020 revenue from fees for tourism programming: • Savour Elgin $10,500 • Elgin Arts Trail $ 5,000 • Tourism signage $14,150 • Tourism membership $13,000 It must be stressed that budgeted expenditures associated with the programs mentioned above, totalling $31,000, would not be incurred. It is also worth mentioning that the department will not hire it's three (3) tourism students that were budgeted for this year. This will result in tourism kiosks in Port Stanley, Port Burwell, and the tourism cruiser (van) not being operational. As a result, this will create a savings of approximately $25,000, at a minimum. There will also be up to $25,000 in cost savings in tourism product development and campaigns that will not be implemented. Generally, in the month of March, invoicing for tourism programs such as Savour Elgin, Elgin Arts Tail, and signage would be issued. Due to the current situation, this invoicing has not occurred. However, invoicing for tourism membership for 2020 was done in 2019. The monies received to date for tourism membership, is approximately $8, 117, which includes applicable taxes. It is recommended that tourism members who have already paid their membership be refunded. Although tourism promotion will be delayed this year, it is important to note that Economic Development staff are promoting all local businesses that are offering service during these difficult times, to residents. Under the "Support Elgin" tab in the Economic Development website, or at www.progressivebynature.com/SupportElgin, is a list containing available services. This webpage is continuously updated by Economic Development staff, as it is imperative that the local business community is supported. CONCLUSION: The effects of combating the COVID-19 virus has ramifications on all sectors of the economy, in some shape and form. The tourism industry has been hit particularly hard. Consequently, Elgin County Tourism will be postponing and cancelling some of its tourism programming and services for 2020. Fees supporting these programs will not be required. Therefore, waving of these fees is recommended for 2020. All sectors of industry are being affected by this pandemic. Elgin County Economic Development recognizes the need to promote the importance of supporting local businesses and services to our residents during these unprecedented times. This pandemic will eventually come to an end, and when it does, the Economic Development 55 department will be there to help with the recovery and ongoing efforts to support the local industry and our business community. All of which is Respectfully Submitted Approved for Submission Alan Smith Julie Gonyou General Manager of Economic Development Chief Administrative Officer 56 _Y`����' REPORT TO COUNTY COUNCIL FROM: Brian Lima, Director of Engineering Services DATE: March 25, 2020 SUBJECT: Cycling Master Plan Update RECOMMENDATIONS: THAT the report titled, "Cycling Master Plan Update", be received and filed; and, THAT staff be authorized and directed to implement cycling facilities and revisions to the Cycling Master Plan (2014) as detailed in this report; and, THAT staff be directed to undertake a comprehensive revision of the Cycling Master Plan after anticipated revisions to the Ontario Traffic Manual — Book 18 are made. INTRODUCTION: In September 2014 County Council adopted a Cycling Master Plan (CMP) as a planning document and resource tool. Council also directed the implementation of some routes and to review the remaining planned routes during a five-year review. This report updates Council on the progress to date with respect to implementation of cycling facilities as well as proposed future projects and minor revisions to the current plan. DISCUSSION: Elgin-St. Thomas Public Heath in partnership with the County, City of St. Thomas and Elgin's member municipalities developed a Cycling Master Plan to serve as a blueprint for future bikeway planning, design and implementation (refer to Appendix `A'). To date, the following roads have received paved shoulders specifically identified as cycling lanes and as also depicted in Appendix `B' (shown in blue): • Sunset Road (between St. Thomas and Port Stanley) • East Road (all) • Imperial Road (between Aylmer and Port Bruce) • Dexter Line (between Quaker Road and Port Bruce) • Graham Road (between West Lorne and Eagle) — OMCC project • Pioneer Line (between Rodney and West Lorne) — OMCC project In 2018 the County was successful in securing 80% funding through the Ontario Municipal Commuter Cycling Program (OMCC) to install paved shoulder cycling lanes on Graham Road and Pioneer Line. 57 Also depicted in Appendix `B' are two revisions to the original plan (shown in red). First, Pioneer Line received paved shoulders as it qualified under the OMCC program and this road section was selected in lieu of Queens Line to connect the villages of Rodney and West Lorne after discussions with local staff. The second revision to the original plan is the removal of Wonderland Road as a cycling route. The CMP was adopted prior to the County of Elgin having jurisdiction over Wonderland Road. Wonderland Road is now being reconstructed to a high-speed, arterial road standard and is not recommended to promote cycling upon. This is consistent with the route selection process that formulated the CMP. Finally, Appendix `B' also showcases four road sections that are scheduled to receive cycling facilities within the next 5 years (shown in green). These proposed projects are as follows- 1. 2020 — Dexter Line paved shoulders between East Road and Yarmouth Centre Road. 2. 2020 — Village of Sparta cycling lane pavement markings in conjunction with road reconstruction. 3. 2021 — Village of Rodney cycling lane pavement markings in conjunction with road reconstruction. 4. 2024 — Dexter Line paved shoulders between Yarmouth Centre Road and Quaker Road. A revision to the Ontario Traffic Manual, Book 18 - Bicycle Facilities is currently underway and updates will guide route selection and design of future cycling facilities. As the Cycling Master Plan implementation evolves across Elgin County, a comprehensive review in collaboration with Elgin's municipal partners is prudent and should be completed after revisions to the Ontario Traffic Manual — Book 18 are published. CONCLUSION: County Council adopted the Elgin-St. Thomas Cycling Master Plan (CMP) in 2014 as a planning document and approved some routes to be implemented with a commitment for a future review. The County was successful securing funding through the Ontario Municipal Commute Cycling (OMCC) Program in 2018 and paved shoulders were added on two additional roads that qualified under the program. As a result of the OMCC program and a road jurisdictional change, two revisions are proposed to the CMP. Four additional cycling facility projects (2 pavement marking projects and 2 paved shoulder projects) are also proposed to be implemented as part of the capital plan and supported by the CMP. A formal review of the CMP, in collaboration with Elgin's municipal partners will be completed after the Ontario Traffic Manual — Book 18 is updated. All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer 58 � W �'. tt O r e r 2 �O °1 ID oa. w� o W _ o it p�pZZ OO�U❑¢ 0 +� F ON wow ,y Eby OP, r 14 » o o o r wz w� o x �fh �iJ pp ,. z O ?O z z o yz sn96s A'u1�Wtl N�. z � � o 0 WI S � u�ib 6 "a o /�' E aoi YO�WYNAl7d w �� �� o a o m I E Z a d � o r If uum ml ol i � I d oeoa wta�vt 3 r o joll Q ku c deoas �,. ,� a / v a v a YV o m o Q a �� w ji U U Q YQ O, O O U W / ,,,, Q / S ti � 5 < �17y a � 01 m y o d a U m C? ° u a i z O , z o ad o 0 r � oPp �I o O6 o K .. m 1 'fi r w '.. 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"m B ai ien. o z 0wvb3tq'yWO �I zNlndW i Of N I zf m s OVO lVla dWl /c� i� o w > I Io I N T ♦.., yO/ o -r,, v 2O Ste/ T U a w o K U UQ� a , / W S t 10 O 0 o , r zly mo bn m m � o o c0 a i (IIIIIIIIII o „ i w'.+" f ` z � t O r O pv ��` ON 1 milliO `o = ° / N m b cc o U � U I o IIIIIIIII o UQ YQ' � �K O w uuuuuuuuuuuuuu� �\pNE` DP�,,,. �I s w w� C a IIIIIIIIIIIIIIIIIIIIII o E � o w ° IIIIIIIIIIIIIIIIIIIIIIII \ \ 2\ 2 � a i \ 01 a a m m 2 7 N 7' o K K i pP m a a o GPI t\ '4S p III 0 Y Pd �° 2 i °�• o Q j w n O n CO -� sp oP CL w p d dA,�`�� wy w2�w 0 1\\ a pO x x 2 Q Z in N o ww �y N �� """ � wa 0 p Q� ��� o �, v mc�i H w 0 N '\ U' �x �a om � Z O 0 Z V (V �� \ RD ow ° JuJQ � SJ o wc� a � aaw _Y`����' REPORT TO COUNTY COUNCIL FROM: Brian Lima, Director of Engineering Services Peter Dutchak, Deputy Director of Engineering Services DATE: March 31, 2020 SUBJECT: Roadside Environments RECOMMENDATION: THAT the report titled, "Roadside Environments", be received and filed. INTRODUCTION: The County, through our Road Maintenance Agreement (RMA) with our municipal partners, maintains the road property right of ways (ROWs) primarily to maintain sightlines and ensure drainage facilities function as designed. Based on experience with the current RMA, some vegetation control obligations have been difficult for municipalities to complete. This report will discuss the intent and options for municipalities to manage roadside environments. DISCUSSION: Elgin's municipal partners have been maintaining County roads since 1998 through Road Maintenance Agreements (RMAs). One of the important maintenance activities is to maintain the roadside environment. The main goals of vegetation control within the roadside ROW includes: • Keeping signs, road geometry and intersections visible to motorists; • Keeping road users (vehicles, cyclists and pedestrians) visible to drivers; • Improving visibility of wildlife near the road; • Removing trees which could pose a collision hazard; • Improving winter road maintenance by reducing drifting and shading; • Ensuring drainage systems function as designed; • Preserving pavements through daylighting and root system control; • Controlling noxious weeds and invasive species; and, • Aesthetics Historically, vegetation control within the County ROWs has been completed with two (2) cuts along the road shoulders, a minimum of 3.6m wide cut in the spring, and, a minimum of 1.8m wide cut in the fall annually. In addition, vegetation around guide rails and in the vicinity of intersections is also cut to uncover roadside hazards and maintain sightlines. Following many years of this scope of roadside vegetation management, it was evident that mature growth (small trees, sumac, bushes, etc.) had begun to creep into the ROW 61 and simply cutting was insufficient to push the growth back to reclaim the road property limits. Therefore, the current RMA (effective 2018) included additional vegetation control requirements in an attempt to reclaim the county road property by cutting the ROW to its full width once every 3 years. These additional services would be paid for at a rate per kilometre in addition to the annual allocation provided to municipalities for road maintenance services. After 2 years' experience with the new RMA requirements, staff has received feedback from the local municipal road supervisors citing difficulty in achieving the intended results due to roadside topography, the need for specialized equipment and difficulty securing contractors to complete the cutting. As a result of these discussions with the local road supervisors, municipalities are afforded two options to manage the vegetation within the ROW, in the area between the annual 3.6m wide cutting to the road property limits. 1. Municipalities may mechanically cut the ROW to the road property limits, once every 3 years as specified in the RMA and be reimbursed as per the rate identified in the RMA. 2. If full width ROW cutting is not selected, municipalities may allow this area to grow and become naturalized so long as sight lines are maintained and drainage facilities are not impeded. In this scenario, municipalities are further obligated to eradicate invasive and noxious weeds either mechanically or by adhering to the County's approved herbicide spraying policy (attached for Council's information). The eradication and control of invasive phragmites is being managed separately though the Council approved Phragmites Action Plan beginning in 2020. Regardless of the method selected to manage the roadside environment, municipalities shall continue to cut back larger vegetation before the canopy begins to encroach the road property when it becomes more difficult and costlier to remove. CONCLUSION: The spirit of the Road Maintenance Agreement with the County's municipal partners has always afforded each respective municipality the option of completing road maintenance services in the manner in which they choose so long as the end result is achieved. This flexibility allows municipalities to operate effectively with the resources they have available. Vegetation control within the roadside environment is an important maintenance activity. The current RMA includes a responsibility to remove vegetation to the road property limits once every 3 years in order to manage growth from becoming larger and difficult to remove. Flexibility exists for member municipalities to perform mechanical cutting or to allow naturalization of the ROW. Regardless of the methods selected, larger growth (trees, sumac, etc.) shall be removed before it becomes more difficult and costlier. Eradication of invasive species and noxious weeds can be managed following the County's spraying policy. 62 All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer Peter Dutchak Deputy Director of Engineering Services 63 ram" S�NINW{�i�„ NO SPRAY POLICY �7fJ�,'Md4tid'a2'�j °iu:daw ADDITIONAL RESOURCES • MTO Maintenance Manual — Environmental Protection • MTO Maintenance Manual — Occupational Health and Safety Hazards NO SPRAY POLICY The "blanket" spraying of herbicides to proactively destroy unwanted vegetation is not permitted by the County of Elgin. Spraying herbicides strictly for cosmetic purposes is also not permitted. Road side spraying is not permitted unless, in the opinion of the Road Supervisor, one or more of the following criteria presents itself: EXCEPTIONS: 1) Inaccessible areas- some road properties cannot be accessed by mechanical equipment or workers due to unsafe working conditions. For example, this would include steep slopes and farm entranceways where safety is a concern. 2) Public safety concerns- road properties that contain overgrown and invasive species as well as noxious weeds that have the potential to create unsafe conditions along the roadway. Sight line obstructions at intersections and around fixed hazards close to the travelled portion of the road must be addressed. 3) Noxious weeds- densely populated areas of invasive species and noxious weeds (as identified by the Weed Control Act) shall be removed in a manner that prohibits their return or spread to an adjacent area. 4) Previous Mechanical Removal Attempts Were Unsuccessful -when previous attempts of removing unwanted vegetation have not been successful, these previous attempts shall be documented. If and when herbicides are used, they must be applied in strict accordance with Provincial regulations and manufacturer's directions. This includes and is not limited to public notices, climate restrictions and avoiding environmentally sensitive areas. The County of Elgin's Salt Management Plan identifies sensitive areas adjacent to county roads and should be used as a minimum baseline guide identifying sensitive areas not to use herbicides. Herbicides shall be selected to target specific unwanted species and be approved for use by Health Canada. 64 E '�� REPORT TO COUNTY COUNCIL Nrr�a:xtir.vrr uxs FROM: Brian Lima, Director of Engineering Services Mike Hoogstra, Purchasing Coordinator DATE: March 31, 2020 SUBJECT: Contract Award of Three Tenders —Asphalt Crack Sealing, Cold In-Place Recycling with Expanded Asphalt Material, and Granular 'A' Shouldering RECOMMENDATIONS: THAT Niagara Crack Sealing be selected for the Asphalt Crack Sealing Project, Tender No. 2020-T10 at a total price of$136,000.00, exclusive of H.S.T.; and, THAT Roto-Mill Inc. be selected for the Cold In-Place Recycling with Expanded Asphalt Material (CIREAM) Project, Tender No. 2020-T12 at a total price of$1,041,090.00, inclusive of a contingency allowance and exclusive of H.S.T.; and, THAT D&D Trucking and Construction Service Inc. be selected for the Granular 'A' Shouldering Project, Tender No. 2020-T14 at a total price of$144,150.00 exclusive of H.S.T.; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contracts. INTRODUCTION: As part of the approved 2020 Capital Budget, tenders were advertised and issued as per the County's Procurement Policy. Sealed bid submissions were received for the following three projects: 1. Asphalt Crack Sealing — Tender No. 2020-T10 2. Cold In-Place Recycling with Expanded Asphalt Material — Tender No. 2020-T12 3. Granular 'A' Shouldering — Tender No. 2020-T14 Tenders issued this year once again included a piggyback clause that allows Elgin's Municipal Partners the option of contracting with the successful bidder of the contracts identified. DISCUSSION: Tenders were opened on March 26 for the following projects: Asphalt Crack Sealing A total of eight (8) contractors downloaded tender documents for this project. Four (4) contractors submitted a bid for this tender; the bid received was as follows: 65 Company Bid Price exclusive of taxes Niagara Crack Sealing $136,000 Falcon Road Services Inc. $168,300 Griffin Landscape Management Solutions Inc. $224,400 Neptune Security Services Inc. $255,000 Niagara Crack Sealing submitted a compliant bid for the project at a total price of $136,000.00, exclusive of HST for the supply of labour, equipment and materials to crack seal various roads throughout Elgin County. The submitted bid is within budget estimates. Cold In-Place Recycling with Expanded Asphalt Material (CIREAM) A total of five (5) contractors downloaded tender documents for this project. Three (3) contractors submitted bids for this tender; bids were received as follows: Company Bid Price exclusive of taxes Roto-M ill Inc. $170417090 Coco Paving Inc. $170607880 Miller Paving Limited $270127300* *corrected bid price Roto-Mill Inc. submitted the lowest compliant bid for the project at a total price of $1,041,090.00 inclusive of a contingency allowance and exclusive of HST for the supply of labour, equipment and materials to rehabilitate three sections of county roads. The lowest submitted bid is within budget estimates. Granular `A' Shouldering A total of two (2) contractors downloaded tender documents for this project. One (1) contractor submitted a bid for this tender; the bid was received as follows: Company Bid Price exclusive of taxes D&D Trucking and Construction Service Inc. $1447150 D&D Trucking and Construction Service Inc. was the only contractor to submit a bid for this project. The submitted bid is within budget estimates and pricing is consistent with previous years. This contractor has been providing granular shouldering services to the Country for many years. 66 CONCLUSION: These three tender awards represent nine (9) different projects within the Capital Budget. All of the low tenders submitted are within the approved budget amounts and no capital surplus is anticipated at this time. As per the County of Elgin's Purchasing Policy, if change orders are required 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. All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer Mike Hoogstra Purchasing Coordinator 67 Elg mro"", �-Y`t'l��' REPORT TO COUNTY COUNCIL FROM: Brian Lima, Director of Engineering Services Mike Hoogstra, Purchasing Coordinator DATE: March 31, 2020 SUBJECT: Tender No. 2020-T09 Results —Wonderland Road Reconstruction RECOMMENDATION: THAT the report titled "Tender No. 2020-T09 Results —Wonderland Road Reconstruction" be received and filed. INTRODUCTION: Staff had issued a tender in support of the Wonderland Road Reconstruction Project, per the County's purchasing policy, to accelerate a project timeline that forms part of the capital budget. At its meeting on March 10, 2020, staff obtained approval from Council to award the tender prior to the April 28, 2020 Council Meeting in an effort to expedite the project, so long as the lowest compliant tender selected was within the approved project budget allocation. This report details the tender bid results and contract award completed. DISCUSSION/CONCLUSION: A total of nine (9) contractors downloaded tender documents for this project. Four (4) contractors submitted bids for this tender which closed on March 12, 2020. Bids were received as follows: Company Bid Price (inclusive of contingency, exclusive of HST) L82 Construction Ltd. $4,436,609.31* Bre-Ex Construction Inc. $4,500,327.98* J-AAR Excavating $4,604,637.08 Birnam Excavating $5,302,221.85 *corrected bid price L82 Construction Ltd. submitted the lowest compliant bid for the project at a total price of$4,436,609.31 inclusive of a $200,000 contingency allowance and exclusive of HST. Project Financial Status The following summary of estimated costs is provided for review and will be confirmed throughout the project: 68 Engineering' $ 229,770.00 Construction_ $ 4,436,609.31 Net HST (1.76%) $ 82,128.28 Total Projected Costs $ 4,748,507.59 Combined 2019/2020 Approved Capital Budget $ 5,045,000 Forecast Budget Surplus/(Deficit) $ 296,492.41 'Includes design, tender preparation, construction administration, and inspection. All tenders received were checked by the Purchasing Coordinator and the County's consultant (Spriet Associates) and found to be compliant with the tender response requirements. L82 Construction Ltd.'s bid price is $223,390.69 (4.79%) lower than Spriet Associates' Engineers estimate. Spriet Associates further noted that L82 Construction Ltd.'s bid is a quality bid with no apparent anomalies or imbalances, is in line with their Engineer's estimate, that L82 Construction Ltd. is a reputable contractor whom their firm are familiar with for road reconstruction work, and is subsequently recommended for award. As directed by Council at its meeting on March 10, 2020, staff have awarded Tender No. 2020-T09 —Wonderland Road Reconstruction to L82 Construction Ltd. following confirmation that the total anticipated project cost in within the approved budget allocation, and have entered into a fully executed contract. CONCLUSION: Preparatory site work on this project commenced on Tuesday, March 31, 2020 with substantial completion anticipated to be achieved in August 2020. Wonderland Road will be closed entirely to through traffic throughout the duration of the project and a signed detour route will be in place. As per the County of Elgin's Purchasing Policy, if change orders are required 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. All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer Mike Hoogstra Purchasing Coordinator 69 E '�� REPORT TO COUNTY COUNCIL Nrr�a:xtir.vrr uxs FROM: Brian Lima, Director of Engineering Services Mike Hoogstra, Purchasing Coordinator DATE: April 1, 2020 SUBJECT: Contract Award —Warren Street Intersection Improvements Tender No. 2020-T20 RECOMMENDATIONS: THAT 598424 Ontario Ltd. o/a R. Russell Construction be selected for the Warren Street Intersection Improvements Project, Tender No. 2020-T20 at a total price of $505,745.19 (inclusive of a $90,000 contingency allowance and exclusive of HST), and; THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. INTRODUCTION: In support of the pending King George VI Lift Bridge Rehabilitation project, a detour route will be in place utilizing Colborne Street (CR4), Warren Street (CR21) and Carlow Road (CR20). In order to accommodate increased traffic demands along the detour route throughout the 14-month duration of the project, temporary vehicular and pedestrian crossover traffic signals, and intersection improvements are required as deemed warranted by Dillon Consulting Limited. Such improvements were previously detailed by staff in a report titled King George VI Lift Bridge Rehabilitation Project— Construction Detour Improvements tabled before Council at its meeting on January 28, 2020. A tender was advertised and issued as per the County's Procurement Policy for the Warren Street Intersection Improvements in the Community of Port Stanley, located in the Municipality of Central Elgin. DISCUSSION: A total of eight (8) contractors downloaded tender documents for this project. Three (3) contractors submitted bids for this tender which closed on March 31, 2020. Bids were received as follows: 70 Bid Price Company (inclusive of contingency, exclusive of HST 598424 Ontario Ltd. o/a R. Russell Construction $505,745.19 Dufferin Construction Company $516,065.90* Cassidy Construction $619,741.90* *corrected bid price R. Russell Construction submitted the lowest compliant bid for the project at a total price of$505,745.19 inclusive of a $90,000 contingency allowance and exclusive of HST. Project Financial Status The low bid received for this project, combined with the King George VI Lift Bridge rehabilitation project and engineering services previously awarded to Landform Civil Infrastructure Inc. and GM BIuePlan respectively, is forecast to result in a decreased project deficit to be identified in the 2021 Capital Budget. The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Engineering' $ 968,174.92 Construction - King George VI Lift Bridge $ 5,893,640.00 Construction -Warren Street Intersection Improvements $ 505,745.19 Project Communications $ 50,000.00 Net HST (1.76%) $ 130,549.06 Total Projected Costs $ 7,548,109.17 Combined 2019/2020 Approved Capital Budget $ 6,645,000.00 Expenditures to Date (as of April 1, 2020) $ 581,198.00 Forecast Budget Surplus/(Deficit) ($ 903,109.17) 'Includes detailed design, tender preparation, construction administration, and inspection services for both projects. 2Includes a $650,000 contingency allowance and$50,000 construction incentive. 3Includes a $90,000 contingency allowance. All tenders received were checked by the County and GM BIuePlan and found to be compliant with the tender response requirements. R. Russell Construction's bid price is $184,010.81 (24%) lower than GM BluePlan's Pretender Engineer's Estimate of $689,756.00 and is $10,320.71 (2%) lower than the second bidder. GM BIuePlan further noted that R. Russell Construction's bid is a quality bid with no apparent anomalies or imbalances, and is subsequently recommended for award. 71 Construction Schedule Subject to receipt of R. Russell Construction's project schedule within the coming days, its anticipated that the intersection improvements will start April 15, 2020 and be substantially completed by May 22, 2020. CONCLUSION: Staff recommends award of the project to the successful Contractor. Work on this project is tentatively scheduled to commence April 15, 2020 with substantial completion anticipated to be achieved by May 22, 2020. As per the County of Elgin's Purchasing Policy, if change orders are required 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. All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer Mike Hoogstra Purchasing Coordinator 72 _Y`����' REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh — Director of Financial Services DATE: April 14, 2020 SUBJECT: COVID-19: Changes to Fees and Charges RECOMMENDATION: THAT the Fees and Charges By-Law be amended to grant relief of interest and penalties on levy remittances as detailed in By-Law 20-18. INTRODUCTION: COVID-19 will be imposing hardship on businesses, families and individuals as normal economic activity is restricted as the province and the entire global community attempt to slow the progression of the virus. DISCUSSION: Property taxes are a significant cash flow item and local treasurers have discussed tax penalty and interest relief options to assist residents experiencing financial hardship due to the pandemic. These discussions were informed by input from the Municipal Finance Officer's Association (MFOA) which highlighted the benefit of offering a disincentive for late payment, encouraging residents that have the financial wherewithal to pay on a timely basis. MFOA suggested that a much-reduced penalty will provide an incentive for people to pay on time if they could, but would not be overly burdensome on those residents that faced immediate cashflow constraints. Although the local treasurers discussed potential solutions, they all recognize that any tax payment policy decisions remain at the discretion of each local council as they determine the path forward to best manage their financial obligations while assisting the community. The province has provided the municipalities some relief on education tax remittances. The June 30 remittance can be paid by September 30 without penalty and the September 30 remittance can be paid by December 31 without penalty, along with the regular December 31 remittance. The province has done so in recognition that many residents may not be able to make timely payments towards their tax dues in the coming months. Similarly, the County Treasurer is recommending that the County also support the Local Municipal Partners (LMPs) by pre-approving deferral of penalties for the remainder of 2020 on any portion of levy payments that may not have been received by the LMPs. This amendment to the Fees & Charges by-law effectively provides approximately 90 days penalty relief for the remainder of 2020 on any portion of taxes not yet collected by the LMPs. 73 CONCLUSION: Providing levy penalty relief will assist our LMPs in offering tax relief to our residents as they deal with the financial ramifications of the COVID-19 crisis. All of which is Respectfully Submitted Approved for Submission Jim Bundschuh Julie Gonyou Director of Financial Services Chief Administrative Officer 74 COUNTY OF ELGIN By-Law No. 20-1 a "BEING A BY-LAW TO AMEND THE FEES AND CHARGES BY-LAW NO.20-09 TO DEFER THE IMPOSITION OF INTEREST AND PENALTIES ON LEVY PAYMENTS" WHEREAS, by virtue of s.9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under that or any other Act; AND WHEREAS, by virtue of s.11 of the said Municipal Act, 2001, S.O. 2001, c.25, as amended, an upper tier municipality may enact a by-law respecting, among other things, public assets of the municipality acquired for purpose of exercising its statutory authorities, economic well-being of the municipality, services and things that the municipality is otherwise authorized to provide, and protection of persons and property; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that a municipality and a local board may pass by-laws imposing fees or charges on persons for services or activities provided or done for persons; AND WHEREAS the Corporation of the County of Elgin did pass By-Law No. 20-09 imposing fees or charges on services or activities provided to persons by the County of Elgin's various departments; AND WHEREAS the Corporation of the County of Elgin has deemed it advisable to amend the fees and charges applicable to some of its services or activities, and to make provision for the addition of taxes where appropriate; AND WHEREAS the Province of Ontario declared a State of Emergency on March 17, 2020 as a result of the COVID-19 Coronavirus pandemic and further ordered the mandatory closure of all non-essential workplaces on March 24,2020; AND WHEREAS the Elgin County Council deems it appropriate to assist its Local Municipal Partners in easing the financial hardship on residents caused by this emergency. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT Schedule "A"attached hereto and forming part of this by-law setting out services and activities which are subject to fees and charges, and taxes where applicable, and the amount of such fees or charges be and is hereby adopted. 2. THAT By-Law No. 20-09 and any by-law that is contrary to this one be and is hereby repealed. 3. THAT this by-law shall come into force and take effect upon its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14T" DAY OF April 2020. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. 75 SCHEDULE "A" By-Law No. 20-18 The Corporation of the County of Elgin has deemed it advisable to provide activities and services that are subject to fees and charges. The following list details such activities and services and the fees and charges that will apply: Please note that the fees and charges below include taxes,where applicable. SERVICE FEE GENERAL (authority under the Municipal Act) Photocopies for the public throughout all County of Elgin Departments: Copy charge per printed page - per printed side (black&white) $0.25 - per printed side (colour) $1.00 FINANCIAL SERVICES (authority under the Municipal Act) March 31,2020 11-evy 11Flayrrne nt 11-ate pavane nt Interest and pe nalfiies Apriill 1 _.Apriill 30,2020 1 lyo/year 11-ate 11Flayrrne nt on '1 t iirnstallllirrne nt property taxes not yet collected t'irorrn residents IlMay 1 --June 30,2020 Olyo/year 11-ate 11Flayrrne nt on Vt iirnstallllirrne nt property taxes collected t'irorrn residents IlMay 1 --June 30,2020 1 1Y(dyear 11-ate 11Flayirrne nt on `1`'t iirnstallllirrne nt property July 1 Dec 31,2020 1 1Y(dyear June 30,2020 11-evy 11Flayirrne nt 11-ate 11Flayirrnent on 2nd iirnstallllirrne nt property taxes not yet collected t'irorrn residents July 1 atep 30,2020 tl°/b/year 11-ate 11Flayirrnent on 2nd iirnstallllirrne nt property taxes collected t'irorrn residents July 1 atep 30,2020 1 1Y(dyear 11-ate 11Flayirrne nt on 2 nrlr iirnstallllirrne nt property ta(A 1 Dec 31,2020 1 1Y(dyear Sep 30, 2020 11-evy 11Flayirrne nt 11-ate 11Flayirrnent on 3rrl iirnstallllirrne nt property taxes not yet collected t'irorrn residents t:(A 1 Dec 15,2020 tl°/b/year 11-ate 11Flayirrnent on 3rrl iirnstallllirrne nt property taxes collected t'irorrn residents t:(A 1 Dec 15,2020 1 1Y(dyear 11-ate 11Flayirrne nt on 3rrl iirnstallllirrne nt property Dec 16 Dec 31,2020 1 1Y(dyear Decy -" y t �a��a'a. w��, 1�t„1�t,� _a��v v� irrna��rn 11-ate 11Flayirrnent on Attu iirnstallllirrne nt property taxes not yet collected t'irorrn residents Dec 16 Dec 31,2020 tl°/b/year 11-ate 11Flayirrnent on Attu iirnstallllirrne nt property taxes collected t'irorrn residents Dec 16 Dec 31,2020 1 1Y(dyear 11-ate 11Flayrrne nt 0'County 11-evy Jan 1, 2021 and vrrnvvarrl 1 1Y(dyear COMMUNITY & CULTURAL SERVICES —Archives (authority under the Municipal Act) Long-Distance Research $40.00 per hour Photocopying/Internet Printing Letter/Legal $0.25 11 x 17 $0.50 Microfilm Reader-Printer: Letter/Legal—per page $0.50 11 x 17—per page $0.75 Digital image files 76 $0.25 Photograph Prints: 4 x 6 $17.00 4 x 6-additional print $10.00 5 x 7 $20.00 5 x 7-additional print $12.00 8 x 10 $30.00 8 x 10-additional print $17.00 11 x 14 $40.00 11 x 14-additional print $30.00 Larger Sizes On a case by case basis Digital image files for personal use $10.00 Digital set-up fee $10.00 Digital image files for commercial use/publication $20.00 Image scanning $10.00 Scanning: Document scanning $5.00 Recordable CD $2.50 Supplies: Acid-free storage box $20.00 Newspaper storage box $50.00 Acid-free file folders $1.00 General archival supplies Market value Shipping Actual cost with a $5.00 minimum cost COMMUNITY & CULTURAL SERVICES - Libraries (authority under the Public Libraries Actl Library Fines: Adult&Juvenile Hardcover Books Daily Overdue $0.10 Maximum Overdue $7.00 Music CD's Daily Overdue $0.50 Maximum Overdue $7.00 Paperbacks Daily Overdue $0.10 Maximum Overdue $5.00 DVDs/Videos/Game Kits Daily Overdue $1.00 Maximum Overdue $10.00 Audio Books/Language Kits Daily Overdue $0.50 Maximum Overdue $7.00 Magazines Daily Overdue $0.10 Maximum Overdue $5.00 Interlibrary Loan Lending Daily Overdue $0.10 Maximum Overdue $7.00 Bag of Books Daily Overdue $1.00 Maximum Overdue $10.00 Computer Kits Daily Overdue $1.00 Maximum Overdue $10.00 Fax Machine: Sending: First Page $1.50 - Each Additional Page $0.50 77 Receiving Per Page $0.50 Interlibrary Loan—Borrowing: Canadian Library or University—plus shipping (if they charge) $10.00 U.S. Library or University—plus shipping (if they charge) $15.00 Microfilm—plus shipping (where applicable) $4.00 Printing: Black&White/Colour—per printed side $0.25 Lost or Damaged Materials: All Material Types Actual Cost plus$5.00 Processing Bag of Books $160.00 If actual cost is unknown,the following rates are charged: Other Materials—Lost or Damaged: DVDs/Videos $20.00 Playaways $80.00 Microfilms $30.00 Music CDs $20.00 Game Kits $20.00 Program Kits $20.00 Computer Kits $80.00 Library Card Replacement $1.00 Books—Lost or Damaged: Hardcover $30.00 Magazines $5.00 Paperbacks $10.00 Audio Books $50.00 Room Rentals (no charge for non-profit group) $25.00 Library Fine Threshold $10.00 313 Printing Filament $0.10/gram Exam Proctoring Donation basis Book Discards $0.25 Magazine Discards $0.10 DVD/CD Discards $1.00 COMMUNITY & CULTURAL SERVICES— Museum (authority under the Municipal Actl Admission Donation basis Membership: Annual $5.00 Lifetime $100.00 Programs Delivered: Adult off-site programs $33.90 plus travel paid at the rate established by the County for use of personal vehicles School tours and children's group tours (designed for children under the age of 14) $1.75 -Chaperones are no charge School programs offered in-school 78 (designed for children under the age of 14)—including rented teacher's kit $3.00 Note: Fees for programs delivered by the Museum may vary according to the program ENGINEERING SERVICES (authority under the Municipal Actl County Road Maps $5.00 Meeting Room Rental Rates: (authority under the Municipal Act) For use of meeting rooms in the County Administration Building by outside groups: Lunchroom $56.50 Committee Rooms/Lounge $45.20 Oversize/Overweight Moving Permit: (authority under the Highway Traffic Act) Permit for moving heavy vehicles, loads,objects or structure in excess of dimensional &weight limits set out in the Highway Traffic Act: Single Move Fee (if action is requested with greater than 10 business days' notice) $200.00 Single Move Fee (if action is requested with less than 10 business days' notice) $400.00 Single Move Fee-Overweight, greater than 63,500 kg (approval requires a minimum of 10 business days' notice) $1,000.00 Annual Oversize Moving Permit Fee $500.00 Road User Agreements (authority under the Municipal Act) Annual fees shall be a minimum of$500 with no upset limit. Project type and the amount of road property affected shall dictate the annual fee and associated encumbrances. Taxes not applicable and fees may be added to the property tax roll for collection, on behalf of the County, by a local municipality. Road Occupancy Permit (authority under Public Highway&Transportation Improvement Act) To regulate the construction or alteration of any entranceway, private road or other facility that permits access to County Roads: Request greater than 5 days notice $200.00 Request less than 5 days notice $400.00 Tender Documents (Hard Copy) (authority under the Municipal Act) $50.00 Cost Recovery Damage to Public Property Caused During a Collision Actual Cost (authority under the Municipal Act) LONG-TERM CARE HOMES (authority under the Long-Term Care Act.20071 Adult Day Programs Fees as set by the Province Barber/Hairdresser(Elgin Manor&Terrace Lodge): Shampoo and Set $20.00 Shampoo, Cut&Set $33.00 Ladies' Haircut only $15.00 Men's Haircut only $12.00 Shampoo, Perm &Set $52.75 Shampoo, Perm, Cut&Set $64.50 Shampoo, Colour&Set $35.75 Shampoo, Colour, Cut&Set $44.00 Men's Cut& Dry $13.25 Ladies' Cut& Dry $15.50 Bang Trim $4.00 Shampoo Only $3.50 Comb Out&Curling Iron $13.50 Beard Trim $6.25 New: Set Only(No Shampoo) $16.50 Bobier Villa As per Contracted Service Provider 79 Cable TV/Internet Market Rate Foot Care through Contract Provider Market Rate Dental Care Services through Contract Provider Market Rate Optometry Care Services through Contract Provider Market Rate Wheelchair Seating Assessment Fees Wheelchair and mobility equipment repair fees (Contract Provider) Market Rate Guest Room Accommodation—1 Guest Maximum - per night including breakfast at Elgin Manor& Bobier Villa $50.00 Meals on Wheels for Community Clients: - per meal $6.60 (cost does not reflect fee charged by VON and WECHC$6.65(until June 30,2019);$6.75(July 1,2019—June 20, 2020)retained by Home for cost recovery,additional fee of$3.30 per meal for double portions) Medication not Covered by Health Card 65& Non-prescription Drugs Cost of drug plus$2.00-ODB co-payment Newspaper Market Rate Preferred Accommodation Rate Upon Admission: Minimum 2 years' agreement applies based upon basic rate availability. Resident fees are charged in accordance with the rates set by the Province of Ontario which may change from time to time. Purchases Services Resident requested sundry products,therapy services, supplies, etc. Market Rate Resident Basic Accommodation Rate: Resident Fees are charged in accordance with the rates set by the Province of Ontario which may change from time to time. Minimum 2 year wait time, based upon availability. Note: Residents may apply for a rate reduction based on annual income Resident—Replacement Key $10.00 Staff Replacement Name Tags $8.00 Room Rental $42.50 Determined by Homes' Director - minimum fee may apply Loss of Fob $11.50 Transportation/Accompaniment of Staff Market transportation rate, plus, if accompanied by staff the employee's hourly rate of pay times the length of absence from the workplace, plus benefits if applicable. (Minimum of 4 hours may apply) Valet(mending or clothing) $6.45 Visitor Meals: Full Course Meals (lunch) $9.00 Full Course Meals (supper and breakfast) $6.00 Under the age of 5 years $2.50 Volunteers $4.50 Special Event Meals $15.00 Under the age of 5 years $6.00 Volunteers $6.00 80 Diner's Club for Community Seniors $7.00 (including HST) Wander Guard System—Replacement Strap/Tag Market Rate HUMAN RESOURCES (authority under the Municipal Act) County Sponsored Training Programs: Participation by Public Partners Cost Recovery Basis Accessibility Training Services Cost Recovery Basis Identification Badge Photo Loss of Employee Identification Badge $5.00 Research Responding to Professional Service Requests $50.00/hour LAND DIVISION (authority under the Planning Act) Application for Consent $1,250.00 Application for Validation Title $1,250.00 Stamping of Deed $300.00 Validation Certification $300.00 If an Application for Consent/Validation is: (i) withdrawn at least fourteen (14)days prior to the hearing date $50.00 will be retained. If amended at least fourteen (14)days prior to the hearing date, an additional $50.00 will be charged. (i i) withdrawn after the time limit set in (i), the entire fee will be retained. If amended after the time limit set in (i), an additional $50.00 will be charged. (iii) requested to be reconsidered once consent has been granted, in order to alter the original decision in a minor way, it will be treated as if it were a new application, and a fee of $300.00 must accompany the letter explaining the reason for the change. (iv) requested to be deferred from having action taken on it, by the applicant, in writing, whether after or before a hearing date has been set, a fee of$300.00 must accompany the request for deferral. PLANNING APPLICATION FEES (authority under the Planning Act) Plans of Subdivision: $4,000.00 - (deposit for appeal) $2,000.00 (returnable if no appeal) Extension to draft plan approval $ 500.00 Plans of Condominium $4,000.00 - (deposit for appeal) $2,000.00 (returnable if no appeal) - (no deposit for exemption) County Official Plan Amendment $4,000.00 Local Official Plan Amendment $1,000.00 (municipally- initiated OPA exempt) Part lot control exemption $ 500.00 TOURISM FEES (authority under the Municipal Act) Memberships FEE per year Tourism Membership: 81 Elgin County Members (Elgin County businesses only) $100 (+HST) Affiliate Members (businesses located outside of Elgin County's tax base) $388 (+HST) Tourism Signage: Elgin County Tourism Members (Elgin County businesses and those $150 (+HST) businesses that pay the Affiliate Member fee to be part of the Elgin County Tourism Membership Program) Tourism Signage Re-entry Fee $350/sign Savour Elgin Membership: Elgin County Members (Elgin County businesses only) $500 (+HST) Affiliate Members (businesses located outside of Elgin County's tax base) $2,437 (+HST) Elgin Arts Trail Membership: Elgin County Members (Elgin County businesses only—with the exception $500 (+HST) of STEPAC) Affiliate Members (businesses located outside of Elgin County's tax base) $3,017 (+HST) PROVINCIAL OFFENCES (authority under the Provincial Offences Act) Photocopies $1.00 Certified Copies - per certification $3.50 Transcripts - per page for first copy $4.30 - per page for additional copies $0.55 Note: The above items are not applicable to Judiciary and County Prosecutor. NSF Cheques $40.00 Cost of Collection A range of 10%to 45%for Collection Agents. All other costs of enforcement as incurred. Cost of Collecting Delinquent Fines to be charged 25%of the fine amount back to the Defendant as a percentage of the Fine. Note: Fees for copies and transcripts are set by the Ministry. 82 _Y`����' REPORT TO COUNTY COUNCIL FROM: Stephen Gibson, County Solicitor DATE: April 2, 2020 SUBJECT: Clearing Exemption Application — Pt Lot 40, Concession SE of the North Branch of Talbot Road, Township of Southwold INTRODUCTION: The purpose of this Report is to inform Council of receipt of information which suggests that certain statements made during the course of the Hearing into the Application for Council Exemption identified above were inaccurate. BACKGROUND: On March 10, 2020, Council conducted a Hearing related to the Application by 1873828 Ontario Limited, made pursuant to By-Law 05-03 (Woodlands Conservation By-Law), for a Council Exemption to permit clearing of woodlands from its specified landholdings in Southwold Township as relating to Phase II of"The Ridge" development. The Hearing was necessitated by two (2) Objections filed by neighbouring landowners, both of which Objections related to, at least in part, anticipated removal of trees near a lane slated to be widened and used as the primary construction access road for the development and which trees are located adjacent to the respective properties of the Objectors. Including as part of the Report to Council by the Elgin County Tree Commissioner, Council was advised that the trees adjacent to the lane were not subject to or protected by the Woodlands Conservation By-Law since not part of a woodland as defined within the By-Law. During the course of the Hearing, Council heard statements by the Engineering Consultant for the Developer to the effect that the trees adjacent to the lane, and particularly those of specific interest to the attending Objector, would be subject only to trimming and not complete removal. At the end of the Hearing, Council decided to permit the Application for Council Exemption to authorize the clearing of woodlands from the relevant property, subject to terms and conditions related to reforestation of a different parcel so as to comply with the Elgin County "no net loss" policy but without any term relating to the trees adjacent to the lane. On March 12, 2020, the County Solicitor received communication from a Member of Council, forwarding two (2) emails from the Engineering Consultant for the Developer and which emails indicated and/or implied that a number of the trees along the lane would be removed rather than subjected to trimming as a consequence of use of the widened construction access road. 83 Recognizing that the information included within such emails was inconsistent with statements made during the course of the Hearing, the County Solicitor directed the Tree Commissioner to hold any Permit authorizing clearing of the woodlands from the subject property in abeyance until the issue could be investigated and analysed and, if necessary, reported to Council. The County Solicitor was subsequently advised, as supported by email communication, that the Developer had resolved the tree removal dispute to the satisfaction of both involved Objectors. As a result and at the direction of the County Solicitor, the Tree Commissioner completed and released the Tree Clearing Exemption Permit to the Developer DISCUSSION: Although the Statutory Powers Procedure Act creates a limited power to review decisions of the nature made by Council in respect of the originating Application for Council Exemption, a review of that nature would be inappropriate in circumstances in which the Woodlands Conservations By-Law had no direct application to the trees in question and the underlying dispute had been resolved between the Developer and the Objectors prior to any opportunity to report the issue to Council. RECOMMENDATION: It is therefore recommended that: 1. The within Report to Council, dated April 2, 2020, be received and filed. All of which is Respectfully Submitted Approved for Submission Stephen Gibson Julie Gonyou County Solicitor Chief Administrative Officer 84 m ssh"�b REPORT TO COUNTY COUNCIL FROM: Stephen H. Gibson, County Solicitor DATE: April 4, 2020 SUBJECT: Proposed Amendment to By-Law 18-35, Being a By-Law Establishing Meeting Procedures for Elgin County Land Division Committee — Provision for Electronic Participation in Committee Meetings During a Declared State of Emergency INTRODUCTION: The purpose of this Report is to inform Council of a need to amend the existing Land Division Committee Procedure By-Law to permit electronic participation of Members in Committee Meetings during a declared state of emergency and, thereafter, to seek enactment of a draft amending by-law permitting such electronic participation and rules and protocols therefor. BACKGROUND: On October 16, 2018, Council for the Corporation of the County of Elgin enacted By- Law 18-35 as a by-law to prescribe procedures governing the calling, place, and proceedings for the Elgin County land Division Committee. On March 17, 2020, and pursuant to Section 7.0.1 of the Emergency Management and Civil Protection Act ("EMCPA"), the Lieutenant Governor of Ontario, by and with the advice of the Premier of Ontario and the Executive Council of Ontario, declared that a state of emergency existed and exists throughout the Province of Ontario, including Elgin County, in relation to the then and still existing COVID-19 pandemic. Since March 17, 2020, the Lieutenant Governor of Ontario, on the advice of the Executive Council of Ontario, has signed multiple Orders-in-Council and Regulations into law, including but not limited to those restraining the number of attendees at public gatherings, a consequence of which is interference with conducting of Elgin County Land Division Committee Meetings pursuant to By-Law 18-35. As a result, Land Division Committee Meetings for the Corporation of the County of Elgin have been suspended. On March 18, 2020, the Ontario Legislature enacted the Municipal Emergency Act, 2020, amending the Municipal Act, 2001, and specifically authorizing a municipal corporation to amend its procedure by-law(s) to permit electronic participation of members in meetings of Council, Committees, or Local Boards during a period of declared state of emergency, including but not limited to for purposes of calculation of quorum and to be effective during both open or closed sessions. On March 24, 2020, Elgin County Council enacted By-Law No.: 20-13 as an amendment to the Council Procedure By-Law to establish rules and protocols for 85 electronic participation of Members of Council in Council Meetings during a declared state of emergency. DISCUSSION It is important that, to the extent possible, the legislative work of the Corporation of the County of Elgin, whether by Council, Committee, or Local Board, continue to serve the interests of the residents of Elgin County during a period or periods of a declared state of emergency. Enactment of a by-law amending the current Elgin County Land Division Committee Procedure By-Law to provide and establish rules and regulations for electronic participation of Members in Committee Meetings during such a period or periods of emergency will better enable the Committee to function and fulfil its purpose and mandate, although ultimately subject to restrictions established by or under any provincial or local Order. A copy of the draft amending by-law, prepared by the County Solicitor, is attached as Schedule "A" to this Report. CONCLUSION: It is in the best interest of the Corporation of the County of Elgin and the residents of Elgin County for Council to enact an amendment to By-Law 18-35 (Land Division Committee Procedure By-Law) to allow for electronic participation of Committee Members in Committee Meetings during periods of a declared state of emergency. RECOMMENDATIONS: It is therefore recommended that- 1. The within Report, dated April 4, 2020, and entitled "Proposed Amendment to By- Law 18-35, Being a By-Law Establishing Meeting Procedures for Elgin County Land Division Committee -Provision for Electronic Participation in Land Division Committee Meetings During a Declared State of Emergency", be received and filed; and, 2. Council enact the draft By-Law attached as Schedule "A" to this Report. All of which is Respectfully Submitted Approved for Submission Stephen Gibson Julie Gonyou County Solicitor Chief Administrative Officer 86 Schedule A: BY-LAW NO.: 20-19 Being a By-Law to Amend By-Law No. 18-35, as a By-Law to Prescribe Procedures for Governing The Calling, Place, and Proceedings of the Elgin County Land Division Committee 87 CORPORATION OF THE COUNTY OF ELGIN BY-LAW NO.: 20-19 Being a By-Law to Amend By-Law No.18-35,as a By-Law to Prescribe Procedures for Governing The Calling,Place,and Proceedings of the Elgin County Land Division Committee WHEREAS the Municipal Act,2001,S.O.2001,c. M.46,as amended ("Act"),and in particular section 238 thereof, requires a municipal corporation to enact a procedure by-law governing, among other things,the calling,place,and proceedings of meetings; AND WHEREAS, pursuant to the said section 238,Council for the Corporation of the County of Elgin previously enacted By-Law No.18-35,as a By-Law to Prescribe Procedures for Governing the Calling, Place,and Proceedings of the Elgin Land Division Committee as a statutory committee of Council; AND WHEREAS,on March 17,2020,and pursuant to Section 7.0.1(1)of the Emergency Management and Civil Protection Act,R.S.O.1990,c. E.9,as amended,the Lieutenant Governor of Ontario,by and with advice and concurrence of the Premier of Ontario and the Executive Council of Ontario,declared that a state of emergency existed and exists throughout the Province of Ontario in relation to the then occurring and still current COVID-19 pandemic; AND WHEREAS,on March 20,2020,and pursuant to Section 4(1)of the Emergency Management and Civil Protection Act, R.S.O. 1990,c. E. 9,as amended,the Warden of the Corporation of the County of Elgin declared that a state of emergency existed and exists within the territorial limits of the County of Elgin in relation to the then occurring and still current COVID-19 pandemic; AND WHEREAS, by the Municipal Emergency Act,2020,the Act has been amended to permit a procedure by-law enacted by the Council of a municipal corporation to provide for specific changes to rules and regulations relating to electronic participation of members of,amongst others,a local board or committee in a meeting of such board or committee during any period where an emergency has been declared to exist in all or any part of the municipality pursuant to sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act; AND WHEREAS,the Council of the Corporation of the County of Elgin has determined that it is in the best interests of the residents of the County of Elgin to permit electronic participation of Members of the Land Division Committee in a meeting of such Committee during periods of declared state or states of emergency pursuant to the Emergency Management and Protection Act,as amended. NOW THEREFORE,the Corporation of the County of Elgin,by its Council, hereby enacts as follows: 1. By-Law No. 18-35,shall be amended by adding section 10 A thereto,following section 10,and providing as follows: 88 "10 A Electronic Participation-Declared State of Emergency Notwithstanding that set forth in sections 9 and 10 above,during any period in which an emergency has been declared to exist in all or part of the territorial limits of the County of Elgin pursuant to either section 4 or 7.0.1 of the Emergency Management and Civil Protection Act,the following rules and regulations for electronic participation in a meeting of the Elgin County Land Division Committee shall apply: (i) A Member who is unable to attend a meeting in person may participate in that meeting by electronic or other communication facilities if, (a) the facilities enable all participating Members,whether attending in person or through electronic participation,to hear and be heard by all other Members. (b) except for all or any part of the meeting that is closed to the public,the electronic or other facilities are capable of and enable the public to hear,or watch and hear,all Members participating in the meeting. (c) A Member who intends to participate in any such meeting by electronic or other communication facilities shall give to the Secretary-Treasurer Notice of that intention at least 24 hours prior to the commencement of such meeting, provided that, if Notice of such meeting is provided less than 24 hours prior to its scheduled commencement,then the Member shall give to the Secretary-Treasurer as much notice as possible prior to commencement of such meeting.In all such circumstances,the Secretary-Treasurer will,as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that meeting by electronic or other communication facilities. (ii) There shall be no limit upon the number of Members who may attend a meeting by electronic or other communication facilities. (iii) Subject to and depending upon prevailing circumstances,including but not limited to the nature and extent of the then current emergency and further including the nature and consequence of any Order or Regulation made under authority of any existent declaration of a state of emergency,the Secretary- Treasurer,in consultation with the Warden(or designate)and County Solicitor, shall develop a meeting protocol for each such meeting and shall distribute such meeting protocol to all Members along with the Notice of and/or Application Information Packets for each such meeting. (iv) Notwithstanding the generality of that set forth in item (iii),the meeting protocol for any meeting at which one or more Members shall attend the meeting by electronic or other communication facilities shall include and incorporate the following mandatory rules and/or practices: (a) The Chair(or designate)shall lead the meeting and,where possible,shall be present from a designated meeting location supported by the Secretary- Treasurer(or designate). 89 (b) Each Member attending the meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the meeting and, if and when applicable, upon leaving the meeting. (c) Any Member attending and present during a meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the meeting. (d) Any Member attending and present during a meeting by electronic or other communication facilities may participate in all aspects of the meeting as if present in person, including but not limited to debate,questioning, presentation of motion,and/or voting. (e) During the course of a meeting within which any Member is participating by electronic or other communication facilities,the Chair shall announce each Application item on the floor of the meeting and shall thereafter maintain an orderly meeting process,including keeping Members fully informed. (f) Any Member attending and present during a meeting by electronic or other communication facilities may vote on any matter being considered in such meeting and that vote shall be counted and,as set forth below,duly recorded. (g) During the course of each vote conducted within such meeting, ➢ All votes shall be a recorded vote conducted by the Secretary-Treasurer, as directed by the Chair,unless the Committee decides otherwise. ➢ The Secretary-Treasurer shall call the name of each Member to vote and shall thereafter record such indicated vote of that Member as"approve", "deny",or"abstain". ➢ If the Member,whether present in person or electronically and after two attempts,fails to respond to the call of his or her name,then the vote is recorded as"deny", unless directed otherwise by the Chair. ➢ The Secretary-Treasurer shall announce the results of the vote to the Chair and Committee. (h) During the course of the meeting, ➢ Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair. ➢ Each Member shall listen for their name to be assigned to the floor to speak or to vote. ➢ All Members shall take and abide by the directions of the Chair in order to facilitate an effective,efficient,and orderly meeting. 90 (i) The above rules and practices shall apply to all sessions of the meeting, whether open or closed to the public." READ A FIRST,SECOND,AND THIRD TIME and FINALLY ENACTED this 14'day of April,2020. David Mennill,Warden Julie Gonyou,CAO/Clerk 91 m ssh"�b REPORT TO COUNTY COUNCIL FROM: Stephen H. Gibson, County Solicitor DATE: April 4, 2020 SUBJECT: Proposed Amendment to By-Law 19-40, Being a By-Law Establishing Meeting Procedures for Committees — Provision for Electronic Participation in Committee Meetings During a Declared State of Emergency INTRODUCTION: The purpose of this Report is to inform Council of a need to amend the existing Committee Procedure By-Law to permit electronic participation of Members in Committee Meetings during a declared state of emergency and, thereafter, to seek enactment of a draft amending by-law permitting such electronic participation and rules and protocols therefor. BACKGROUND: On November 26, 2019, Council for the Corporation of the County of Elgin enacted By- Law 19-40 as a by-law to define the mandate and meeting procedures for Committees established by the Corporation and its Council. On March 17, 2020, and pursuant to Section 7.0.1 of the Emergency Management and Civil Protection Act ("EMCPA"), the Lieutenant Governor of Ontario, by and with the advice of the Premier of Ontario and the Executive Council of Ontario, declared that a state of emergency existed and exists throughout the Province of Ontario, including Elgin County, in relation to the then and still existing COVID-19 pandemic. Since March 17, 2020, the Lieutenant Governor of Ontario, on the advice of the Executive Council of Ontario, has signed multiple Orders-in-Council and Regulations into law, including but not limited to those restraining the number of attendees at public gatherings, a consequence of which is interference with conducting of Committee Meetings pursuant to Elgin County By-Law 19-40. As a result, Committee Meetings for the Corporation of the County of Elgin have been cancelled. On March 18, 2020, the Ontario Legislature enacted the Municipal Emergency Act, 2020, amending the Municipal Act, 2001, and specifically authorizing a municipal corporation to amend its procedure by-law(s) to permit electronic participation of members in meetings of Council, Committees, or Local Boards during a period of declared state of emergency, including but not limited to for purposes of calculation of quorum and to be effective during both open or closed sessions. On March 24, 2020, Elgin County Council enacted By-Law No.: 20-13 as an amendment to the Council Procedure By-Law to establish rules and protocols for electronic participation of Members of Council in Council Meetings during a declared state of emergency. 92 DISCUSSION It is important that, to the extent possible, the legislative work of the Corporation of the County of Elgin, whether by Council, Committee, or Local Board, continue to serve the interests of the residents of Elgin County during a period or periods of a declared state of emergency. Enactment of a by-law amending the current Committee Procedure By- Law to provide and establish rules and regulations for electronic participation of Members in Committee Meetings during such a period or periods of emergency will better enable that or those Committee(s) to function and fulfil its or their various purposes and obligations, although ultimately subject to restrictions established by or under any provincial or local Order. A copy of the draft amending by-law, prepared by the County Solicitor, is attached as Schedule "A" to this Report. CONCLUSION: It is in the best interest of the Corporation of the County of Elgin and the residents of Elgin County for Council to enact an amendment to By-Law 19-40 (Committee Procedure By-Law) to allow for electronic participation of Committee Members in Committee Meetings during periods of a declared state of emergency. RECOMMENDATIONS: It is therefore recommended that: 1. The within Report, dated April 4, 2020, and entitled "Proposed Amendment to By- Law 19-40, Being a By-Law Establishing Meeting Procedures for Committees - Provision for Electronic Participation in Committee Meetings During a Declared State of Emergency", be received and filed; and, 2. Council enact the draft By-Law attached as Schedule "A" to this Report. All of which is Respectfully Submitted Approved for Submission Stephen Gibson Julie Gonyou County Solicitor Chief Administrative Officer 93 Schedule A: BY-LAW NO.: 20-20 Being a By-Law to Amend By-Law No. 19-40, being a By-Law to Define the Mandate and Meeting Procedures for Committees Established by the Corporation of the County of Elgin 94 CORPORATION OF THE COUNTY OF ELGIN BY-LAW NO.: 20-20 Being a By-Law to Amend By-Law No.19-40,being a By-Law to Define the Mandate and Meeting Procedures for Committees Established by the Corporation of the County of Elgin WHEREAS the Municipal Act,2001,S.O.2001,c. M.46,as amended ("Act"),and in particular section 238 thereof, requires a municipal corporation to enact a procedure by-law governing, among other things,the calling,place,and proceedings of meetings; AND WHEREAS Council for the Corporation of the County of Elgin previously enacted By-Law No.19-40,being a By-Law to Define the Mandate and Meeting Procedures for Committees Established by the Corporation of the County of Elgin; AND WHEREAS,on March 17,2020,and pursuant to Section 7.0.1(1)of the Emergency Management and Civil Protection Act,R.S.O.1990,c. E.9,as amended,the Lieutenant Governor of Ontario,by and with advice and concurrence of the Premier of Ontario and the Executive Council of Ontario,declared that a state of emergency existed and exists throughout the Province of Ontario in relation to the then occurring and still current COVID-19 pandemic; AND WHEREAS,on March 20,2020,and pursuant to Section 4(1)of the Emergency Management and Civil Protection Act, R.S.O. 1990,c. E. 9,as amended,the Warden of the Corporation of the County of Elgin declared that a state of emergency existed and exists within the territorial limits of the County of Elgin in relation to the then occurring and still current COVID-19 pandemic; AND WHEREAS the Act has been amended to permit a procedure by-law of a municipal corporation to provide for specific changes to rules and regulations relating to electronic participation of Members in a Meeting, including Committee Meetings,during any period where an emergency has been declared to exist in all or any part of the municipality pursuant to sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act. AND WHEREAS,the Council of the Corporation of the County of Elgin has determined that it is in the best interests of the residents of the County of Elgin to permit electronic participation of Members in a meeting of any Committee established by Council during periods of declared state or states of emergency pursuant to the Emergency Management Protection Act,as amended. NOW THEREFORE,the Corporation of the County of Elgin,by its Council, hereby enacts as follows: 1. By-Law No. 19-40,shall be amended by adding Section 41 A thereto,following Section 41,and providing as follows: "41 A Electronic Participation-Declared State of Emergency Notwithstanding that set forth above or below,during any period in which an emergency has been declared to exist in all or part of the territorial limits of the County 95 of Elgin pursuant to either section 4 or 7.0.1 of the Emergency Management and Civil Protection Act,the following rules and regulations for electronic participation in any Meeting of a Committee established by Council shall apply: (i) A Member who is unable to attend a Committee Meeting in person may participate in that Meeting by electronic or other communication facilities if, (a) The facilities enable all participating Members,whether attending in person or through electronic participation,to hear and be heard by all other Members. (b) Except for all or any part of the Meeting that is closed to the public,the electronic or other facilities are capable of and enable the public to hear,or watch and hear,all Members participating in the Meeting. (c) A Member who intends to participate in any such Committee Meeting by electronic or other communication facilities shall give to the Chair and CAO/Clerk of that intention at least 24 hours prior to the commencement of such Meeting,provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement,then the Member shall give to the Chair and CAO/Clerk as much notice as possible prior to commencement of such Meeting. In all such circumstances,the Chair and CAO/Clerk will,as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities. (ii) There shall be no limit upon the number of Members who may attend a Committee Meeting by electronic or other communication facilities. (iii) Subject to and depending upon prevailing circumstances,including but not limited to the nature and extent of the then current emergency and further including the nature and consequence of any Order made or Regulation passed under authority of any existent declaration of a state of emergency,the Chair,in consultation with the CAO/Clerk and County Solicitor,shall develop a meeting protocol for each such Meeting and shall distribute such meeting protocol to all Members along with the Notice of and/or Agenda for each such Meeting. (iv) Notwithstanding the generality of that set forth in item (iii),the meeting protocol for any Committee Meeting at which one or more Members shall attend the Meeting by electronic or other communication facilities shall include and incorporate the following mandatory rules and/or practices: (a) The Chair shall lead the Meeting and,where possible,shall be present at a designated meeting location supported by the Secretary(or designate). 96 (b) Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable,upon leaving the Meeting. (c) Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting. (d) Any Member attending and present during a Meeting by electronic or other communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate,questioning, presentation of motion,and/or voting. (e) During the course of a Meeting within which any Member is participating by electronic or other communication facilities,the Chair shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process,including keeping Members fully informed. (f) Any Member attending and present during a Meeting by electronic or other communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and,as set forth below,duly recorded. (g) During the course of each vote conducted within such Meeting, ➢ All votes shall be a recorded vote conducted by the Secretary,as directed by the Chair,unless the Committee decides otherwise. ➢ The Secretary shall call the name of each Member to vote and shall thereafter record such indicated vote of that Member as"yes","no',or "abstain". ➢ If the Member,whether present in person or electronically and after two attempts,fails to respond to the call of his or her name,then the vote is recorded as"no",unless directed otherwise by the Chair. ➢ The Secretary shall announce the results of the vote to the Chair and Committee. (h) During the course of the Meeting, ➢ Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair. ➢ Each Member shall listen for their name to be assigned to the floor to speak or to vote. ➢ All Members shall take and abide by the directions of the Chair in order to facilitate an effective,efficient,and orderly Meeting. 97 (i) The above rules and practices shall apply to all sessions of the Meeting, whether open or closed to the public." READ A FIRST,SECOND,AND THIRD TIME and FINALLY ENACTED this 14'day of April,2020. David Mennill,Warden Julie Gonyou,CAO/Clerk 98 _Y`����' REPORT TO COUNTY COUNCIL FROM: Stephen H. Gibson DATE: April 4, 2020 SUBJECT: Frustration of Terrace Lodge Pool Use Agreement — Elgin (County) — YWCA of St. Thomas-Elgin INTRODUCTION: The purpose of this Report to Council is to inform Council of the legal frustration of the current Terrace Lodge Pool Use Agreement ("Agreement") between the Corporation of the County of Elgin ("Elgin") and YWCA of St. Thomas-Elgin ("YWCA") and, furthermore, to seek approval of a proposed full termination of such Agreement and authorization for execution of that Agreement. BACKGROUND: By written Agreement dated November 26, 2019, Elgin agreed to permit use of the Terrace Lodge Pool, including related equipment and facilities, by YWCA to conduct supervised aquatic programs offered to the public during the calendar year 2020. The winter session of the aquatic programs was completed in early March, 2020. The onset and spread of the COVID-19 pandemic, in combination with rules and restrictions implemented by the Province of Ontario to restrict the community spread of such virus, including but not limited to restrictions closing public recreation facilities, restricting access to Long Term Care Facilities, including Terrace Lodge, and limiting participation in public gatherings, has and will preclude the ability of both YWCA to offer and conduct intended programs during the upcoming spring session and, potentially, the subsequent fall session of its intended curriculum as well as the ability of Elgin to permit access and use of the Terrace Lodge pool for such purposes. As a result, performance of obligations under the Agreement by both Elgin and YWCA have been rendered impossible for reasons beyond their control and, in that, the Agreement has become frustrated at law. On March 24, 2020, a representative of YWCA contacted Elgin (Michele Harris) to canvas possible cancellation of the Agreement in light of the then current COVID-19 circumstances. Further discussions between the authorized YWCA representative and the County Solicitor have identified full contract termination with proportional reimbursement of prepaid fees as the most appropriate option for the Parties to the original Pool Use Agreement. In this regard, it is noted that the primary alternate options under consideration was suspension of the Term of the Pool Use Agreement into calendar year 2021, but the resultant extension of the said Term into calendar year 2021 created a potential interference with scheduled renovation works in the vicinity of the pool and related facilities. 99 The County Solicitor has drafted and Acknowledgement and Termination Agreement, effective March 31, 2020, for approval and execution by Elgin and YWCA. YWCA has indicated that the form and content of the Acknowledgement and Termination Agreement as drafted by the County Solicitor is acceptable. A draft of the Acknowledgement and Termination Agreement is attached as Schedule "A" to this Report. CONCLUSION: Given the inability of both Elgin and YWCA to fulfil their contractual obligations under the Terrace Lodge Pool Use Agreement amid the current COVID-19 pandemic, it is appropriate for the said Agreement to be acknowledged as frustrated and thereafter terminated with compensation limited to reimbursement of a proportionate share of prepaid fees by Elgin to YWCA. RECOMMENDATIONS: It is therefore recommended that: 1. The within Report to Council, dated April 4, 2020, and entitled "Frustration of Terrace Lodge Pool Use Agreement - Elgin (County) / YWCA of St. Thomas- Elgin" be accepted and filed; 2. The draft Acknowledgement and Termination Agreement attached as Schedule "A" to this Report to Council be approved; and 3. The Warden and Chief Administrative Officer be authorized to execute the said Acknowledgement and Termination Agreement on behalf of the Corporation of the County of Elgin. All of which is Respectfully Submitted Approved for Submission Stephen Gibson Julie Gonyou County Solicitor Chief Administrative Officer 100 Schedule A: Acknowledgement and Termination Agreement 101 This Acknowledgement and Termination Agreement made effective the 311 day of March, 2020. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN (Hereinafter referred to as "Elgin") OF THE FIRST PART AND YWCA OF ST. THOMAS-ELGIN (Hereinafter referred to as "YWCA") OF THE SECOND PART WHEREAS Elgin and YWCA entered into a written Agreement, dated November 26, 2019, pursuant to which Elgin granted YWCA permission to use a swimming pool, including related equipment and facilities, located within the Terrace Lodge facility at 49462 Talbot Line,Aylmer, Ontario, for the purpose of conducting public aquatic programs for the period commencing January 1, 2020, and ending December 31, 2020(hereinafter the"Underlying Agreement'); AND WHEREAS on March 17, 2020 and in response to the COVID-19 pandemic,the Lieutenant Governor of Ontario, pursuant to s. 7.0.1 of the Emergency Management and Civil Protection Act, on the advice of the Premier and Executive Council, declared that a state of emergency exists in and throughout the Province of Ontario,which Declaration has been incorporated in O. Reg. 518/20 and thereafter extended through the intended effective date of this Agreement; AND WHEREAS on March 21, 2020 and in response to the COVID-19 pandemic,the Warden of the Corporation of the County of Elgin, pursuant to s. 4(1)of the Emergency Management and Civil Protection Act, declared that a state of emergency exists within the territorial limits of the County of Elgin, which declaration remains in effect through the intended effective date of this Agreement; AND WHEREAS the Province of Ontario, by Order-in-Council and/or Regulation, has implemented various rules and restrictions designed to limit the community spread of the COVID-19 virus, including but not limited to restrictions closing public recreational facilities, restricting access into Long-Term Care Facilities, including Terrace Lodge, and limiting participants in public gatherings; AND WHEREAS compliance with the afore-noted rules and restrictions interfere with the ability of both YWCA to offer and conduct the intended aquatic programs and Elgin to grant the intended permission to YWCA to use the said swimming pool and related equipment and facilities to conduct such aquatic programs. NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR($1.00)by the Parties hereto each to the other and performance of the covenants hereinafter contained, the sufficiency and receipt of which consideration is hereby irrevocably acknowledged, the Parties hereto acknowledge and agree as follows: Recitals Incorporated as Part of this Agreement 1. Elgin and YWCA agree that the Recitals as set forth above form part of and are deemed to be incorporated in this Agreement. Acknowledgment of Frustration of Underlying Agreement 2. Elgin and YWCA mutually acknowledge and agree that, in the circumstances set forth in the Recitals herein, both such Parties are unable to fulfill the intended purposes of and/or perform the covenants set forth in the Underlying Agreement, and, as such, the Underlying Agreement is and shall be deemed to be frustrated. 102 Termination of Underlying Agreement 3. Elgin and YWCA agree that, in light of the frustration thereof, the Underlying Agreement shall be terminated, effective March 31, 2020. Reimbursement of Proportional Share of Prepaid Fees—Elgin to YWCA 4. Elgin agrees to pay and YWCA agrees to accept the sum of ONE THOUSAND, SEVEN HUNDRED AND TWENTY-FIVE DOLLARS ($1,725.00), plus applicable taxes, as proportional reimbursement of prepaid fees paid pursuant to the Underlying Agreement. No Compensation Otherwise Payable Between Elgin and YWCA 5. Elgin and YWCA mutually agree that no compensation is otherwise payable one to the other as a result of the frustration of the Underlying Agreement and termination thereof as set forth above. Enurement 6. The within Acknowledgement and Termination Agreement, and the consequences thereof, are binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective authorized officers and/or representatives on the date and at the place indicated below. Dated at Central Elgin, Ontario,this ) CORPORATION OF THE day of April, 2020 ) COUNTY OF ELGIN Per: Name: David Mennill Position: Warden Per: Name: Julie Gonyou Position: Chief Administrative Officer ) We have the authority to bind the ) Corporation Dated at St. Thomas, Ontario, this ) YWCA of St. Thomas-Elgin day of April,2020 ) Per: Name: Marla Champion Position: Executive Director I have authority to bind the YWCA of St. Thomas-Elgin 103 Date: April , 2020 CORPORATION OF THE COUNTY OF ELGIN and YWCA OF ST.THOMAS-ELGIN Acknowledgement and Termination Agreement Stephen H. Gibson 450 Sunset Drive St. Thomas, ON N5R 5V1 County Solicitor 104 -Y`����' REPORT TO COUNTY COUNCIL FROM: Stephen H. Gibson DATE: April 6, 2020 SUBJECT: Frustration of Meals-On-Wheels Supply Agreement — Elgin (County) — Victorian Order of Nurses for Canada — Ontario Branch INTRODUCTION: The purpose of this Report to Council is to inform Council of the legal frustration of the current Meals-On-Wheels Supply Agreement ("Agreement") between the Corporation of the County of Elgin ("Elgin") and Victorian Order of Nurses for Canada — Ontario Branch ("VON") and, furthermore, to seek approval of a proposed suspension of such Agreement and authorization for execution of that Agreement. BACKGROUND: By written Agreement dated September 13, 2018, Elgin agreed to supply fresh meals prepared at its Terrace Lodge and Elgin Manor kitchen facilities to VON for local distribution under its Meals-On-Wheels programme. The onset and spread of the COVID-19 pandemic, in combination with protocols, rules and restrictions implemented by the Province of Ontario and the local Health Unit to combat the community spread of such virus, including but not limited to restrictions to access to local Long term Care Facilities and requirements for physical distancing, have and will preclude the ability of both VON to operate its Meals-On-Wheels programme and as well as the ability of Elgin to prepare and supply fresh meals to VON for distribution in the Meals-On-Wheels programme. As a result, performance of obligations under the Agreement by both Elgin and VON have been rendered impossible for reasons beyond their control and, in that, the Agreement has become frustrated at law. On or about April 1, 2020, a representative of VON contacted Elgin (Michele Harris) to advise of its inability to continue the Meals-On-Wheels programme and to canvas alternate arrangements for the Supply Agreement during the current period of stated emergency. Further discussions between the authorized local VON representative and the County Solicitor have identified temporary contract suspension, with extension of the Term of the Agreement for a period of time equal to the period of suspension to be calculated and implemented following the expiry or termination of the state of emergency, as the most appropriate option for the Parties to the original Supply Agreement. The County Solicitor has drafted an Acknowledgement and Suspension Agreement, effective April 4, 2020, for approval and execution by Elgin and VON. As of the date of preparation of this Report, the local representative of VON has indicated that the form and content of the Acknowledgement and Suspension Agreement as drafted by the County Solicitor is acceptable but approvalloy her provincial counterpart is pending. A draft of the Acknowledgement and Termination Agreement is attached as Schedule "A" to this Report. CONCLUSION: Given the inability of both Elgin and VON to fulfil their contractual obligations under the Meals-On-Wheels Supply Agreement amid the current COVID-19 pandemic, it is appropriate for the said Agreement to be acknowledged as frustrated and thereafter suspended for the current period of emergency with appropriate adjustment in the Term of the Supply Agreement after the emergency has expired or been declared terminated. RECOMMENDATIONS: It is therefore recommended that: 1. The within Report to Council, dated April 4, 2020, and entitled "Frustration of Meals-On-Wheels Supply Agreement - Elgin (County) - Victorian Order of Nurses for Canada — Ontario Division" be accepted and filed; 2. The draft Acknowledgement and Suspension Agreement attached as Schedule "A" to this Report to Council be approved; and 3. Subject to the satisfaction of the County Solicitor, the Warden and Chief Administrative Officer be authorized to execute the said Acknowledgement and Suspension Agreement on behalf of the Corporation of the County of Elgin. All of which is Respectfully Submitted Approved for Submission Stephen Gibson Julie Gonyou County Solicitor Chief Administrative Officer 106 Schedule A: Acknowledgement and Suspension Agreement 107 This Acknowledgement and Suspension Agreement made effective the 4th day of April,2020. BETWEEN: VICTORIAN ORDER OF NURSES FOR CANADA-ONTARIO BRANCH (hereinafter"VON") OF THE FIRST PART AND CORPORATION OF THE COUNTY OF ELGIN (as operators of Terrace Lodge and Elgin Manor) (hereinafter"Supplier") OF THE SECOND PART WHEREAS VON and Elgin, as Supplier,entered into a written Agreement,dated the 13th day of September, 2018, pursuant to which Agreement Elgin agreed,in part, to prepare and supply fresh hot meals for the"Meals on Wheels"program operated by VON, such Agreement to be in effect commencing July 1,2018 and ending June 30,2020(hereinafter the"Underlying Agreement"); AND WHEREAS on March 17, 2020 and in response to the COVID-19 pandemic,the Lieutenant Governor of Ontario, pursuant to s. 7.0.1 of the Emergency Management and Civil Protection Act,on the advice of the Premier and Executive Council,declared that a state of emergency exists in and throughout the Province of Ontario,which Declaration has been incorporated in O. Reg. 518/20 and thereafter extended through the intended effective date of this Agreement; AND WHEREAS on March 21,2020 and in response to the COVID-19 pandemic,the Warden of the Corporation of the County of Elgin, pursuant to s. 4(1)of the Emergency Management and Civil Protection Act, declared that a state of emergency exists within the territorial limits of the County of Elgin,which declaration remains in effect through the intended effective date of this Agreement; AND WHEREAS the Province of Ontario, by Order-in-Council, Regulation and/or Advisories has implemented various rules and restrictions designed to limit the community spread of the COVID-19 virus, including but not limited to restrictions implementing mandatory social distancing; AND WHEREAS compliance with the afore-noted rules and regulations interfere with the ability of VON to provide the Meals on Wheels program in relation to fresh hot meals,thereby negating the demand for preparation of such meals by Elgin, as Supplier. NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR($1.00)by the Parties hereto each to the other and performance of the covenants hereinafter contained, the sufficiency and receipt of which consideration is hereby irrevocably acknowledged,the Parties hereto acknowledge and agree as follows: Recitals Incorporated as part of this Agreement 1. Elgin, as Supplier, and VON agree that the Recitals as set forth above form part of and are deemed to be incorporated in this Agreement. Acknowledgment of Frustration of Underlying Agreement 2. Elgin, as Supplier, and VON mutually acknowledge and agree that, in the circumstances set forth in the Recitals herein,the intended purposes of the Underlying Agreement and/or the covenants set forth herein cannot be fulfilled during the current state of emergency, and, as such,the Underlying Agreement is and shall be deemed to be frustrated. Suspension of Underlying Agreement 3. Elgin, as Supplier, and VON agree that, in light of the frustration thereof,the Underlying Agreement as it relates to preparation and supply of fresh, hot meals,shall be suspended as of April 4,2020,to be resumed on the consensus of both Parties upon a specified date following expiry or termination of both declarations of a state of emergency,and thereafter continued for a 108 period of time equal to the period of suspension, commencing on specified a date of resumption. No Compensation Otherwise Payable Between Elgin and YWCA 4. Elgin,as Supplier, and VON mutually agree that no compensation is otherwise payable one to the other as a result of the frustration of the Underlying Agreement and suspension thereof as set forth above. Enurement 5. The within Acknowledgement and Suspension Agreement,and the consequences thereof, are binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective authorized officers and/or representatives on the date and at the place indicated below. Dated at Central Elgin, Ontario,this ) CORPORATION OF THE day of April,2020 ) COUNTY OF ELGIN Per: Name: David Mennill Position: Warden Per: Name: Julie Gonyou Position: Chief Administrative Officer ) We have the authority to bind the ) Corporation Dated at Ontario,this ) VICTORIAN ORDER OF NURSES FOR day of April,2020 ) CANADA—ONTARIO BRANCH Per: Name: Position: I have authority to bind the Corporation 109 Date: April 12020 CORPORATION OF THE COUNTY OF ELGIN and VICTORIAN ORDER OF NURSES FOR CANADA—ONTARIO BRANCH Acknowledgement and Suspension Agreement Stephen H. Gibson 450 Sunset Drive St.Thomas,ON N5R 5V1 County Solicitor 110 REPORT TO COUNTY COUNCIL FROM: Stephen H. Gibson DATE: April 7, 2020 SUBJECT: Frustration of Meals-On-Wheels Supply Agreement — Elgin (County) — West Elgin Community Health Centre INTRODUCTION: The purpose of this Report to Council is to inform Council of the legal frustration of the current Meals-On-Wheels Supply Agreement ("Agreement") between the Corporation of the County of Elgin ("Elgin") and West Elgin Community Health Centre (WECHC) and, furthermore, to seek approval of a proposed suspension of such Agreement and authorization for execution of that Agreement. BACKGROUND: By written Agreement dated July 27, 2018, Elgin agreed to supply fresh meals prepared at its Bobier Villa kitchen facilities to WECHC for local distribution under its Meals-On- Wheels programme. The onset and spread of the COVID-19 pandemic, in combination with protocols, rules and restrictions implemented by the Province of Ontario and the local Health Unit to combat the community spread of such virus, including but not limited to restrictions to access to local Long term Care Facilities and requirements for physical distancing, have and will preclude the ability of both WECHC to operate its Meals-On-Wheels programme and as well as the ability of Elgin to prepare and supply fresh meals to WECHC for distribution in the Meals-On-Wheels programme. As a result, performance of obligations under the Agreement by both Elgin and WECHC have been rendered impossible for reasons beyond their control and, in that, the Agreement has become frustrated at law. In light of similar conditions with respect to another Meals-On-Wheels Supply Agreement (Elgin / VON), a representative Elgin County reached out to WECHC to raise the issue of a potential need to agree upon alternative arrangements for the Agreement with WECHC. After a positive response, further discussions between the authorized local WECHC representative and the County Solicitor have identified temporary contract suspension, with extension of the Term of the Agreement for a period of time equal to the period of suspension to be calculated and implemented following the expiry or termination of the state of emergency, as the most appropriate option for the Parties to the original Supply Agreement. The County Solicitor has drafted an Acknowledgement and Suspension Agreement, effective April 7, 2020, for approval and execution by Elgin and WECHC. As of the date of preparation of this Report, the local representative of WECHC has indicated that the form and content of the Acknowledgement and Suspension Agreement as drafted by the County Solicitor is acceptable but apprgyjal by a supervisory official is pending. A draft of the Acknowledgement and Termination Agreement is attached as Schedule "A" to this Report. CONCLUSION: Given the inability of both Elgin and WECHC to fulfil their contractual obligations under the Meals-On-Wheels Supply Agreement amid the current COVID-19 pandemic, it is appropriate for the said Agreement to be acknowledged as frustrated and thereafter suspended for the current period of emergency with appropriate adjustment in the Term of the Supply Agreement after the emergency has expired or been declared terminated. RECOMMENDATIONS: It is therefore recommended that: 1. The within Report to Council, dated April 4, 2020, and entitled "Frustration of Meals-On-Wheels Supply Agreement - Elgin (County) /West Elgin Community Health Centre" be accepted and filed; 2. The draft Acknowledgement and Suspension Agreement attached as Schedule "A" to this Report to Council be approved; and 3. Subject to the satisfaction of the County Solicitor, the Warden and Chief Administrative Officer be authorized to execute the said Acknowledgement and Suspension Agreement on behalf of the Corporation of the County of Elgin. All of which is Respectfully Submitted Approved for Submission Stephen Gibson Julie Gonyou County Solicitor Chief Administrative Officer 112 Schedule A: Acknowledgement and Suspension Agreement 113 This Acknowledgement and Suspension Agreement made effective the 7th day of April,2020. BETWEEN: WEST ELGIN COMMUNITY HEALTH CENTRE (hereinafter"WECHC") OF THE FIRST PART AND CORPORATION OF THE COUNTY OF ELGIN (as operators of Bobier Villa) (hereinafter"Supplier") OF THE SECOND PART WHEREAS WECHC and Elgin, as Supplier,entered into a written Agreement,dated the 27th day of July,2018, pursuant to which Agreement Elgin agreed, in part, to prepare and supply fresh hot meals for the"Meals on Wheels"program operated by WECHC,such Agreement to be in effect commencing July 1,2018 and ending June 30,2020(hereinafter the"Underlying Agreement"); AND WHEREAS on March 17, 2020 and in response to the COVID-19 pandemic,the Lieutenant Governor of Ontario, pursuant to s.7.0.1 of the Emergency Management and Civil Protection Act,on the advice of the Premier and Executive Council,declared that a state of emergency exists in and throughout the Province of Ontario,which Declaration has been incorporated in O. Reg. 518/20 and thereafter extended through the intended effective date of this Agreement; AND WHEREAS on March 21,2020 and in response to the COVID-19 pandemic,the Warden of the Corporation of the County of Elgin, pursuant to s. 4(1)of the Emergency Management and Civil Protection Act, declared that a state of emergency exists within the territorial limits of the County of Elgin,which declaration remains in effect through the intended effective date of this Agreement; AND WHEREAS the Province of Ontario, by Order-in-Council, Regulation and/or Advisories has implemented various rules and restrictions designed to limit the community spread of the COVID-19 virus, including but not limited to restrictions implementing mandatory social distancing; AND WHEREAS compliance with the afore-noted rules and regulations interfere with the ability of WECHC to provide the Meals on Wheels program in relation to fresh hot meals,thereby negating the demand for preparation of such meals by Elgin, as Supplier. NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR($1.00)by the Parties hereto each to the other and performance of the covenants hereinafter contained, the sufficiency and receipt of which consideration is hereby irrevocably acknowledged,the Parties hereto acknowledge and agree as follows: Recitals Incorporated as part of this Agreement 1. Elgin,as Supplier, and WECHC agree that the Recitals as set forth above form part of and are deemed to be incorporated in this Agreement. Acknowledgment of Frustration of Underlying Agreement 2. Elgin,as Supplier, and WECHC mutually acknowledge and agree that, in the circumstances set forth in the Recitals herein,the intended purposes of the Underlying Agreement and/or the covenants set forth herein cannot be fulfilled during the current state of emergency, and, as such,the Underlying Agreement is and shall be deemed to be frustrated. Suspension of Underlying Agreement 3. Elgin, as Supplier, and WECHC agree that, in light of the frustration thereof,the Underlying Agreement as it relates to preparation and supply of fresh, hot meals,shall be suspended as of April 7,2020,to be resumed on the consensus of both Parties upon a specified date following expiry or termination of both declarations of a state of emergency, and 114 thereafter continued for a period of time equal to the period of suspension, commencing on specified a date of resumption. No Compensation Otherwise Payable Between Elgin and WECHC 4. Elgin, as Supplier, and WECHC mutually agree that no compensation is otherwise payable one to the other as a result of the frustration of the Underlying Agreement and suspension thereof as set forth above;provided at all times that the said suspension does not apply to or affect compensation payable to Elgin, as Supplier,by WECHC for meals prepared and supplied to WECHC by Elgin prior to April 7,2020,which compensation shall be due, payable and paid pursuant to the provisions of Section 3 of the Underlying Agreement. Enurement 5. The within Acknowledgement and Suspension Agreement,and the consequences thereof, are binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective authorized officers and/or representatives on the date and at the place indicated below. Dated at Central Elgin,Ontario,this ) CORPORATION OF THE day of April,2020 ) COUNTY OF ELGIN Per: Name: David Mennill Position: Warden Per: Name: Julie Gonyou Position: Chief Administrative Officer ) We have the authority to bind the ) Corporation Dated at Ontario,this ) WEST ELGIN COMMUNITY day of April,2020 ) HEALTH CENTRE Per: Name: Position: I have authority to bind the Corporation 115 Date: April 12020 CORPORATION OF THE COUNTY OF ELGIN and WEST ELGIN COMMUNITY HEALTH CENTRE Acknowledgement and Suspension Agreement Stephen H. 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C � (6 C U N N > '2 3 -2 U O c N U ' E O 0 IL U Q (6 'O -I LL J J J Q Q Q E N O O N N N N 0 O L N � _ � O O O J N U 5 O U (6 C (6 N i w 6.O Q M (6 (6 N 15 C C O N E C � O E -O E2 O 5 N E 7 O 'O L O "" O -8 O O O O O 'O N QS U Q N c o m O o N o G1 > o a> > a�i .� > o Q N c E U 0 U) J 0 O N CL U Q W 0 w CL CL U d Ulf N � N va c 0 cu U O N N N E N N N N U w >1cn (6 = c 7 N - G N E C C o O c m a N N FD N N O V FL O C > N O LD O O (6 O (6 0 N 7 0 U J 0- ......................................................................................................................................................�..................................................................................................>.................... ......................�.._�.............................................................................................................._�...._�.................................... CORRESPONDENCE — April 14, 2020 Items for Consideration — (Attached) 1. Anita Provoost, Vice President, Elgin Federation of Agriculture, with a letter requesting that Elgin County Council show support for Bill 156 by sending the attached letter to Ontario's Minister of Agriculture, Food and Rural Affairs, the Honourable Ernie Hardeman. 146 Elgin Federation of Agriculture 50 Sunset,Drive Suite 228 St.Thomas, Ontario N 5IR SVI Fea 12,202 Dear ay�ar arr Council, d Es Bill 156,Security from Trespass and Protecting FoodSafety Act The Elgin Federation represents the voice of agriculture in the local community, and advocates on behalf of our farm family members. Along with our Commodity partners in Elgin County and the Ontario Federation of agriculture,the EFA is committed to a sustainable and profitable future for farm families. Ontario farms have increasingly come under threat of unwanted trespassers and activists who are illegally entering property, barns and buildings, seizing private property and threatening the health and safety of the farm, employees, livestock and crops. On December 2"'d, 2019, the provincial government introduced Bill 156, Security from Trespass and Protecting Food Safety Act, 2019. The bill is intended to protect Ontario farm animals,farms,farmers and their families, and the safety of the entire food supply by addressing the ongoing threat of unwanted trespassing and from unauthorized interactions with farm animals. The risks of these actions include exposing farm animals to stress and potential diseases, as well as the introduction of contaminants into the food supply. The Elgin Federation appreciates the support from the provincial government for taking a strong stance to protect our farms and food safety,and introducing more significant consequences for illegal trespassing activities. The, EFA is calling on all municipal councils in the province to reassure their citizens that the safety of Ontario farm animals, farmers and farm families, and the safety of the entire food system matters, We respectfully ask that your council shove your support for gill 156 by sending the following letter(see below) to Ontario's Minister of Agriculture, Food and Rural'.affairs, the Honourable Ernie Harderman. if you have already indicted to Minister Hardeman your support for Bill 156,we thank you for your initiative! Thank you for showing your support for stronger legislation to protect Ontario farms, animals, and food from intruders. Sincerely, mm Anita Provoost,Vice President, Elgin Federation of Agriculture Feb 12,2020 147 Sample letter to Minister Hardeman,: Hon. Ernie Hardeman Minister of Agriculture, Food, & Rural Affairs 77 Grenville Street, 11th Floor Toronto, Ontario HISS 1133 Via Email: of rninister.on a.&jnL�_Ct2 o n tALi0-ca Dear Minister Hardeman, Ontario farms have come under increasing threat from, trespassers and activists who illegally enter property,barns and buildings,causing significant disruptions to the entire agri-food sector. These activists are trespassing under false pretenses to gain entry on to farm properties. They have seized private property and thireatened the health and safety of Ontario farms, employees, livestock and crops,. These individuals and organizations are causing health and safety concerns and undue stress to Ontario farmers, their families,and their businesses. Once peaceful protests have escalated to trespassing, invading, barn break-ins and harassment, These incidents distress farmers, their families and employees, and threaten the health of livestock and crops when activists breach biosecurity protocols, ultimately putting the entire food system at risk. We strongly support the new proposed legislation, Bill 156: Security from Trespass and Protecting Food Safety Act. This new legislation is an important way to keep our farm and food supply safe for all Ontarians. Bill 156 provides a balanced approach to protecting farms while recognizing a citizen's right to protest. This new legislation will ensure farm businesses have a legal standing to protect their farm,family and employees, livestock, crops and ultimately the entire food system. Bill 156: Security from TrespaSS and Protecting Food'Safety Act is good news for Ontario's agri-food industry. Thank you for this important new legislation. Protection of our Ontario should be the highest priority. Sincerely, copy: eiginfarmiers@gmaii.com 148 CORRESPONDENCE — April 14, 2020 Items for Information — (Attached) 1. The Canadian National Railway with a letter regarding the discontinuance of the Cayuga Line. 2. Dr. Merrilee Fullerton, Minister of Long-Term Care, with a letter announcing the investment of$243 million in 2020-21 for additional surge capacity in homes, 24/7 screening, and more staff, supplies and equipment to help tackle the COVID-19 outbreak. 3. The Association of Municipalities of Ontario with an update on the AMO Conference 2020 scheduled for August 16-19. 149 View as a -....- CUSTOMER NEWS We cure a h ii n out to you siiince yc a it facflfty its IIocated on aDoirUoin of a ii-aflway IHine leased Il y ON to the unt a ii k.ndIINaiin II: fill y ( II ) oun 2013 and a f' u u to as the Cayuga iiine. ii n undy„ the II:�� advosed ON that they woUd cease opeiraUng the yin Il iiine on II a fl 3WII, 2020 andUI theirefoireretuinin of to ON on that date in accordance Mth the n ..� ii i n 11 i-LaU i n Act, ON has y fteir Apiirfl WII, 2020 to decide h their it woUd r gnu-ne opeiraUoins our offeir of four saIIe uirs ai nt to the Act ON has iireviiewed the vo k i u f t i-a f f'ii iimoviiing on t h II iiine andIIDased on t i-a f f'ii v lk i ii-nes and ineeded iiinvestiimeiints, decided n t to resu i Ip e ira U i ns andDiroceed iir&i n 11 y„ ON wflH soon Il U1 11 i s h i ii n inewspapeirs ohs offeir t II II the IHine to any IlDairty liinteiirested iii n coinUinkfling its opeiraUoins. ' un ur a unt os reached four the tirai n f ur of the IHine, IlN wflH thein offeir the Hine to goveininimentst i n t saIIvage vakie. ON conUnkjaHy iiinvests iiin ouir in twork to einsuirethe safe and iireIHabI Ie seiirviiceII veI Iin 2019, ON spent iiin capitaIl iiinvestiimeiint the in twork abine, iiin Il j&in just i ii n iimaiiinteiinaiince. ON expects to spendthe seine aii-nounts i ii n 2020.2 �Jiin1flke aiiidHiines and to k.n Ili iing coiimpaiinoes, ON II Days the f'k,nIIII costs f' IIII iiinfiirastiiructuiire iimaiiinteiinaiince iiimpiiroveiimeiints. Often Ui-nes, ON its faced Mth the ii ii un of:: diiscoiinUiinkfliing opeiraUoins oveir IlDairts of its i n twork whein theire its un t suffbeint ti-affic to suppoirt the viabilfty of the Hine. � he scoff nUi nuai n IIDirocess MH,I undeir ceiirtaiiiin coiindiUoiins,. uresUt a un a shoirt II Hine peur 't ur aII,.0 in g ulii�m���1'2�r Pl,il s a es p o ns a Ib n II a u es to operate the a a a II vila�,l�,f in e. llll IIII uu uu �..uraffic oveir the yin II iiine has Ilouned siigiinHicaiindy oveir the IIDast 1 years to a aunt wheire ON IIDIIaced the IHine on the 11::7 ii u n U ii n k.n u n Il....i s t and ii-noved foirwaird to eind 150 o t:�:a� t:..:a, .. O0�;.,�^'�;"^ i,.„, .... �,,,� s - CHIC..s t:�:a�^�, :;w�n.." V •.",i f •°"r,,.d""""' .... w,"" operated II� u� '�a u� �:..� the II a Hine.��� IL u� ..�...: ..:�::.�� � III�:..���� ,� � u��.,� IL � ,� �:�.u r� II ,.� a II����� �� �, � �". .�� the Hine unt ll Deceimbeir 20 13, wheire they infoinmed ON that reqkflired investiments woUd n t IIDeinmit the n U i n u Ip e ira U n oveir the y u Il....ine. � he v ury shoirt noUceDirovided Il y the � II:II: to ON had the effect of sti-an6ing cairs and goods at u t u ur facflHUes andn ON network afteir the IpeiraU n had ceased ON worked Mth and the II: toDirovide inteiriim seirvocesto the u t u ur unt ll the a 11 11 Uo n of the sco nUnkja n Il ur �..11h ii kjss uo o IIed ON to giraint opeiraUng irights oveir the yu Il ine to the 0&II . that reimaoned in effect siiiilce 20 1 and un t ll the it IIatest noUce was ur iiv v� si in ON staUng that they woUd cease opeiraUng the IHine af ur Apirfl 30111, 2020. ON has amade the decision un t to resui n IpeiraU n v ur the Cayuga Il ine given the �Iow v lk i i tiraffic andanvestiments r k fl it to keep IlDirov6ng ouir u t u ur ith a safe„ relHab1e andcost effecUve seirvicethat ouir ustoi—nears expect. � he a n s p o r ta n o n Act ("Act") o n..nUu n es the &u s conU n u..n an ce III ro ces s fo HI o v,t,!2�d l y Canadan raflways. i in the cuiru-ent eiiurek.nu netancee„ the Act are kfli es that ON amust first seek i ntei eete ' th it IIDairUes to acqOire the raflway Hine four eenUi nkfling raflway ell eiraUone ' une i ntei eete ' IIDairUes aire found, ear no agireeiment its eenekn e ' Mthin the ell ecHle ' une oUatien Il euriie „ ear H: the tirai n fear its not eeu Il Mete , we umust effeur IIII of:: its i ntei eet in the raflway Hine four not amoire than its net saIIvage vakie to the are II era n t goveinniments, t ur n i t k.n t Ih e u-o U es and k.n n ii e ii III II adiministiraUons. ON animal s avaflable to work Mth custeu neure to flind aIteinnaUve in-aio eiments to umove theiir geode We iinv�to you to contact you Account lainageir our :1 888.. Ily V:ll:lly ON to find Iltein n Uve skjppIy eh iin sokjUons. �..Ihank you, we appireciiate youir II kjsi mess Corporate Ill urkeUn n II:14j i neee 11DeveIlell a ent QuickContact Us Carioad Customer SerOce � 1--866-926-7245 Customer Center UCjj 151 Ministry of Ministere des Long-Term Care Soins de longue duree Office of the Minister Bureau du ministre l®r 1 400 University Avenue, 6th Floor 400, avenue University, 6e etage Onlario Toronto ON M7A 1 N3 Toronto ON M7A 1 N3 Tel.: 416 325-6200 Te1.: 416 325-6200 eApprove#179-2020-11 April 1, 2020 Dear Long-Term Care Home Licensee: Re: Ontario's Action Plan: Responding to COVID-19 Thank you for your ongoing efforts to ensure our long-term care residents and dedicated staff receive the best care possible during this unprecedented time. Our government is working in partnership with the long-term care sector as well as other health care sectors to ensure the continued safety and well-being of residents, families and staff. We have taken proactive measures and we continue to look at all possible courses of action to limit the spread of COVI D-19. Ontario's Action Plan: Responding to COVID-19 outlines the first steps in the province's plan to tackle the COVID-19 outbreak. The action plan will provide additional resources for the health care system and direct support for people and jobs. As part of this investment, we are investing $243 million in 2020-21 for additional surge capacity in homes, 24/7 screening, and more staff, supplies and equipment to help tackle the COVID-19 outbreak. This includes: • $25 million in initial emergency funding for long-term care homes to help prevent and contain the spread of COVID-19 by supporting operational costs related to screening, staffing, supplies and equipment. This funding was included in the March 17, 2020 announcement and will flow in April 2020. • $88 million in additional prevention and containment funding to support additional costs associated with screening, staffing, and supplies. We will work closely with the long-term care sector to determine how these additional funds are allocated. ■ A new investment of nearly $130 million to create additional emergency capacity in long- term care homes, to support adequate space to isolate residents as needed and to open appropriate care spaces for hospital patients who are waiting for long-term care. The Spring Economic Statement confirmed the Government of Ontario will increase funding to the sector by $102 million to maintain quality of care. This increase includes an investment of up to $61.25 million, representing a 1.5% increase in the level of care per diem provided to all homes, effective April 1, 2020. The Case Mix Index notices that inform your nursing and personal care funding are underway and targeted to be released by early April 2020, with an effective date of August 1, 2020. 152 This investment also includes up to $23 million for a new Minor Capital Program to help maintain long-term care homes, delivering on a commitment made in Fall 2019 to the sector to address gaps in the system for minor capital repairs. Funding through the Minor Capital Program will be introduced on April 1, 2020 and will be phased-in over multiple years so long-term care homes have time to plan and adjust future minor capital priorities. In 2020-21, the new program will provide an equivalent allocation to those long-term care homes who received funding under the previous Structural Compliance Premium. I am pleased to also confirm that the Ontario government will continue to fund in 2020-21 the three pilot Behavioural Support Units sites initiated in 2019-20. Additional detail regarding these investments, including the terms and conditions of funding increases and program investments, will be communicated shortly from Ministry staff. With our government's investments and your efforts and dedication, together we can ensure the continued safety and well-being of residents and staff in our homes during and beyond the COVID- 19 pandemic. Yours sincerely, ` 2-1 Dr. Merrilee Fullerton Minister of Long-Term Care c: Mr. Richard Steele, Deputy Minister, Ministry of Long-Term Care Ms. Janet Hope, Assistant Deputy Minister, Long-Term Care Policy Division Mr. Brian Pollard, Assistant Deputy Minister, Long-Term Care Operations Division Mr. William Hatanaka, Board Chair, Ontario Health Mr. Dan Kaniuk, Chair, Board of Directors, Ontario Long-Term Care Home Association Ms. Jane Sinclair, Chair, Board of Directors, Advantage Ontario 153 AMO Update not displaying correctly?View the online version Add Communicate@amo.on.ca to your safe list 2 0 A 14 April 4,2020 In person or online, AMO 2020 will connect municipal leaders to the information they need most. Planning has been underway for the AMO 2020 Conference for months, and the AMO staff and Board are committed to delivering a conference that meets the needs of Ontario's municipal leaders. To date, AMO 2020 has had remarkable support from delegates, sponsors and exhibitors, with registrations at record numbers. That's because the AMO conference consistently delivers substantive policy and educational content, productive political engagement, and outstanding networking opportunities. While planning is well underway for a gathering in the beautiful City of Ottawa from August 16-19, we are also planning for a contingency approach that would transform AMO 2020 into a virtual conference. One way or another, delegates will have access to the most up-to-date information on the issues that matter most, and opportunities to connect with Provincial leaders, key Ministers and municipal colleagues from every part of Ontario. One way or another, AMO is committed to a conference experience that meets the needs of our members and provides value for the sponsors and exhibitors who help make the conference possible. We are committed to keeping you informed of planning for the AMO 2020 conference. In person or online, AMO 2020 will connect municipal leaders to the information they need most. In the meantime, there is no need to worry about cancellation deadlines. AMO will ensure you have the information you need to make timely and informed choices about your conference registration, exhibitor or sponsorship arrangements with no financial penalty. "Disclaimer:The Association of Municipalities of Ontario(AMO)is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views,information or services mentioned. Association of Municipalities of Ontario Please consider the environment 200 University Ave.Suite 801,Toronto ON Canada M5H 3C6 before printing this. 154 CLOSED MEETING AGENDA April 14, 2020 Staff Reports: 1) County Solicitor— Municipal Act Section 239 (2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board— Port Bruce Bridge 2) Director of Human Resources and Chief Administrative Officer— Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations— COVID-19: Corporate Staffing Plan. 155