HomeMy WebLinkAboutSeptember 15, 2022 - Council - AddendumTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING ADDENDUM
MUNICIPAL OFFICE
Thursday, September 15, 2022
13.1.1 E Office of Karen Vecchio re Redistribution of Federal Districts – London Open
House – REMOVAL
13.1.1 F Office of Karen Vecchio re Redistribution of Federal Districts – St. Thomas Open
House – REMOVAL
13.2 G Report CAO-47/22 by Thomas Thayer, CAO|Clerk re 2023 Insurance Update
13.2 H Report CAO-51/22 by Thomas Thayer, CAO|Clerk re RFP Results – County of
Elgin RFP No. 2022-P36 – Integrity Commissioner Services with Closed Meeting
Investigator and Ombudsman Options
13.2 I Report CAO-52/22 by Thomas Thayer, CAO|Clerk re Curbside Waste Disposal
Contract – Norfolk Disposal
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: September 15, 2022
REPORT: CAO-47/22 SUBJECT: 2023 INSURANCE UPDATE
BACKGROUND:
On December 16, 2021, Council received Report CAO-57/21 re 2022 Insurance Renewal and
passed the following motion:
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Report CAO-57/21 re 2022 Insurance Renewal be received for information;
AND THAT the 2022 Municipal Insurance Program be obtained from Marsh Canada
Limited in accordance with the offer to renew dated December 16, 2021, at a total
premium of $174,962 plus applicable taxes;
AND THAT staff be directed to review insurance coverages and insurance providers in
2022 prior to the 2023 insurance renewal.
CARRIED.
DISCUSSION
Based on internal discussions with senior staff, insurance coverages outside of cyber insurance
appear to be sufficient for Municipal needs at this time. Council was advised in Report CAO-
57/21 that Bayham does not carry stand-alone cyber insurance at this time and same was not
contemplated for the 2022 renewal. Given the 2022 cyber incident at the County, which affected
their infrastructure, staff will be looking into stand-alone cyber security for 2023. Some lower-tier
municipalities in Elgin County do have this coverage at a general cost of $5,000-$10,000 for the
year.
The Municipality of Bayham currently receives its Municipal insurance coverage through Marsh
Canada Limited, who also service Malahide and Elgin County. Based on discussions with our
Marsh representative, they have provided us with rough estimates for impacts to specific
premiums for 2023. Below are rough indications for premium impacts, noting that renewal
information will need to be fully reviewed when the lasted loss run is available.
General Liability
7% increase is expected this year and is solely based on market conditions
If claims have deteriorated, you can expect this to increase to 30-50%
Umbrella
Market increase is shaping up to be around 10%
Property
0%-8% rate increase based on no claims deterioration
As advised in the renewal advice the minimum inflationary increase is 10%
The insurers want to see some high-valued buildings appraised to ensure limits are
appropriate
Crime
No increases expected
Auto
3%-4% increase is expected
Council Accident, Out of Province Medical, Volunteer Accident
No increases expected
Given the above and the reality that Municipal insurance premiums have increased
approximately 60 percent over the last two years, staff have reached out to Intact Public Entities
to ascertain whether similar impacts for 2023 are being felt elsewhere and they have confirmed
same.
A number of lower-tier municipalities in Elgin County are nearing the time when going back to
market and issuing a Request For Proposal (RFP) for insurance and risk management services
is warranted. It is expected to be a topic of discussion between area CAOs to close 2022.
Staff, at this time, are recommending that Bayham renew with Marsh Canada Limited for 2023.
Renewal documentation is due to Marsh by the end of September and it is functionally too late
into the calendar to issue an RFP, and review and award same to a proponent.
When the renewal premium is known, a follow-up Report will come to Council for direction.
Staff, at that time, will also seek direction to go to market in 2023 for the 2024 renewal. For an
RFP issued in 2023 for the 2024 renewal, staff would engage Cunnart Associates, who assisted
in the 2019 RFP issuance for insurance and risk management services.
RECOMMENDATION
1. THAT Report CAO-47/22 re 2023 Insurance Update be received for information.
Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: September 15, 2022
REPORT: CAO-51/22 SUBJECT: RFP RESULTS – COUNTY OF ELGIN RFP NO. 2022-P36 – INTEGRITY
COMMISSIONER SERVICES WITH CLOSED MEETING INVESTIGATOR AND
OMBUDSMAN OPTIONS
BACKGROUND:
Bill 68, Modernizing Ontario’s Conflict of Interest Act was introduced on November 16, 2016 and
advanced through the legislative process requiring municipalities implement requirements for
codes of conduct, conflict of interest and integrity commissioner services by March 2019.
At its June 16, 2022 meeting, Council received Report CAO-28/22 re Integrity
Commissioner/Closed Meeting Investigator/Ombudsman Services, which identified that the
Municipality’s Integrity Commissioner and Closed Meeting Investigator, Mark McDonald (as
representing Independent Resolutions Inc.) would be resigning from his responsibilities effective
September 30, 2022.
The Report also identified the willingness of local Chief Administrative Officers (CAOs) to once
more work together collaboratively to issue and retain the services of an Integrity Commissioner
and/or Closed Meeting Investigator and/or Municipal Ombudsman.
Council passed the following motion:
Moved by: Councillor Donnell
Seconded by: Councilor Chilcott
THAT Report CAO-28/22 re Integrity Commissioner/Closed Meeting
Investigator/Ombudsman Services be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham agrees to
participate with Elgin County regarding the issuance of a joint Request For Proposal
(RFP) for Integrity Commissioner/Closed Meeting Investigator/Ombudsman
Services.
Accordingly, the County of Elgin took the administrative lead on the RFP draft and issuance,
with the process opening on August 9, 2022 and closed on August 26, 2022.
The RFP was issued as a cooperative procurement venture that included the City of St.
Thomas, Elgin County, and all lower-tier municipalities, except for the Town of Aylmer. Each
municipality has the option to cross-appoint the same firm under a separate agreement. The
RFP document is attached to this Report.
DISCUSSION
During the advertisement period, three firms downloaded the RFP documents through the
County’s Bids & Tenders portal page. This excerpt is also attached to this Report.
The County of Elgin received three submissions to RFP No. 2022-P36:
ADR Chambers Inc.
Aird & Berlis LLP
Boghosian & Allen LLP
The review and technical scoring of the submissions was conducted by a review panel
including:
Julie Gonyou, Elgin County CAO
Thomas Thayer, Bayham CAO
Nicholas Loeb, Elgin County Senior Counsel
Mike Hoogstra, Elgin County Manager of Procurement and Risk
Reviews took place on September 6, 2022.
The review panel evaluated each proposal based on the following criteria:
i) Understanding of the project;
ii) Methodology and Approach to Project Tasks, Deliverables including training
program;
iii) Project Team experience and qualifications;
iv) Project Firm experience within municipal government including practices,
procedures, methods and mandates found within municipal government;
v) Fees / Pricing / Total Overall Cost; and
vi) Reference Verification.
Based on the review and scoring, the top two submissions scored very closely and were invited
to present to the review panel on September 8, 2022.
The highest-scoring submission and firm selected by the review panel was that of Aird & Berlis
LLP, which presented a team led by John Mascarin and represented the most complete RFP
submission received.
Pricing for the identified Integrity Commissioner/Closed Meeting Investigator/Ombudsman
Services is as below:
Service/Cost Cost
Retainer No retainer charged
Hourly Rate $489.75/hour
While no retainer is charged per annum, the hourly rate is $489.75 and is quite a bit higher than
that of the previous Integrity Commissioner and Closed Meeting Investigator. Report CAO-28/22
did identify that this would likely be a reality. The $489.75/hr rate is based on the average rate
based on projected percentage allocation of work among staff members based on the past
experience and projections for the type of service being rendered. Hourly rates are fixed for a
two-year period. Mileage and Disbursements are extra and generally applicable if on-site
services are required.
The quantity of Integrity Commissioner, Closed Meeting Investigator, and Ombudsman services
required is contingent on the number of complaints/requests received in a given year. This
figure can vary and, as such, it is difficult to predict a precise cost on this basis. A budget
estimate of $5,000 will be considered in an Operating expense line.
As the Municipality is required by legislation to have an Integrity Commissioner, and as
Independent Resolutions Inc. previously provided Integrity Commissioner and Closed Meeting
Investigator services, staff are recommending entering into an Agreement with Aird & Berlis LLP
for Integrity Commissioner and Closed Meeting Investigator services only. Council does also
have the option to include Ombudsman services as a part of the Agreement. Historically, this
has been provided at no cost by the Office of the Ontario Ombudsman; however, should Council
wish a change, we do have the option to include same in an Agreement with Aird & Berlis LLP
at the same costing for service.
ATTACHMENTS
1. RFP 2022-P36
2. Excerpt – Elgin County Bids & Tenders regarding document access and submission
RECOMMENDATION
1. THAT Report CAO-51/22 re RFP Results – County of Elgin RFP No. 2022-P36 –
Integrity Commissioner Services with Closed Meeting Investigator and Ombudsman
Options be received for information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham agrees to
enter into an agreement with Aird & Berlis LLP for Integrity Commissioner and Closed
Meeting Investigator Services;
3. AND THAT the appropriate authorizing by-law be brought forward for Council’s
consideration.
Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk
Integrity Commissioner Services
(Optional: Closed Meeting Investigator and Municipal Ombudsman)
REQUEST FOR PROPOSAL
No. 2022-P36
ELECTRONIC SUBMISSIONS ONLY
Proposals shall be received by the Bidding System no later than:
August 26, 2022 @ 3:00 p.m. (local time)
Issue Date: August 9, 2022
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
1
INDEX
DEFINITIONS AND INTERPRETATIONS ....................................................................................................................... 3
SECTION 1.0 - INFORMATION TO PROPONENTS ................................................................................................... 4
1.1 Introduction and Background ............................................................................................................... 4
1.2 Proposal Format and Delivery ............................................................................................................. 4
1.3 Designated Official ................................................................................................................................. 5
1.4 Questions / Inquiries .............................................................................................................................. 5
1.5 Addenda .................................................................................................................................................. 6
1.6 RFP Schedule ........................................................................................................................................ 6
1.7 Proponent Communications ................................................................................................................. 7
1.8 Proponent Investigations ...................................................................................................................... 7
1.9 Notice of No Response ......................................................................................................................... 7
1.10 No Guarantee of Volume of Work or Exclusivity of Contract ........................................................... 7
SECTION 2.0 - TERMS OF REFERENCE ........................................................................................................................ 8
2.1 Introduction ............................................................................................................................................. 8
2.2 Term of Contract .................................................................................................................................... 9
2.3 Scope of Work ........................................................................................................................................ 9
2.4 Communications / Substitutions / Flexibility ..................................................................................... 11
2.5 Background Information – County of Elgin and Municipal Partners ............................................. 11
2.6 Background Information – City of St. Thomas ................................................................................. 11
2.7 Reporting Schedule ............................................................................................................................. 11
2.8 Codes of Conduct ................................................................................................................................ 12
SECTION 3.0 - PROPOSAL REQUIREMENTS ........................................................................................................... 13
3.1 Proposal Submissions ......................................................................................................................... 13
3.2 Technical Proposal Submission Requirements ............................................................................... 13
3.3 On-Line Forms and Schedules .......................................................................................................... 17
3.4 Financial Submission Requirements ................................................................................................. 17
3.5 Evaluation Process .............................................................................................................................. 17
3.6 Evaluation Criteria ................................................................................................................................ 18
3.7 Evaluation Criteria Rating / Scoring .................................................................................................. 20
3.8 Presentation and Interview (Optional)............................................................................................... 21
SECTION 4.0 - GENERAL CONDITIONS ..................................................................................................................... 22
4.1 Rights of the County ............................................................................................................................ 22
4.2 Conflict of Interest ................................................................................................................................ 23
4.3 Modified Proposals .............................................................................................................................. 23
4.4 Disqualification of Proponents............................................................................................................ 23
4.5 Confidentiality ....................................................................................................................................... 23
4.6 Proposal Assignments ........................................................................................................................ 24
4.7 Purchasing Policy ................................................................................................................................ 24
4.8 Failure to Perform ................................................................................................................................ 24
4.9 Award and Agreement ........................................................................................................................ 24
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
2
4.10 Insurance Requirements ..................................................................................................................... 24
4.11 Indemnification ..................................................................................................................................... 25
4.12 WSIB Requirements ............................................................................................................................ 25
4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005 ..................................... 26
4.14 Disqualification ..................................................................................................................................... 26
4.15 Record and Reputation ....................................................................................................................... 26
4.16 Proponent’s Costs................................................................................................................................ 27
4.17 Legal Matters and Rights of the County ........................................................................................... 27
4.18 Human Rights, Harassment and Occupational Health and Safety............................................... 28
4.19 Covid-19 Pandemic ............................................................................................................................. 28
4.20 Clarification ........................................................................................................................................... 29
4.21 Supplementary Information ................................................................................................................ 29
4.22 Default / Non-Performance ................................................................................................................. 29
APPENDIX A - SAMPLE AGREEMENT ........................................................................................................................ 31
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
3
DEFINITIONS AND INTERPRETATIONS
The following definitions apply to the interpretation of the Request for Proposal Documents;
1. “Addenda or Addendum” means such further additions, deletions, modifications or other changes
to any Request for Proposal Documents.
2. “Authorized Person” means;
i. For a Proponent who is an individual or sole proprietor that person.
ii. For a Proponent which is a partnership, any authorized partner of the Proponent.
iii. For a Proponent which is a corporation:
a) any officer of director of the corporation; and
b) any person whose name and signature has been entered on the document
submitted with the Request for Proposal, as having been authorized to participate
in the completion, correction, revision, execution, or withdrawal of the submission,
whether that person is or is not an officer or director.
iv. For a Proponent that is a joint venture, the submission shall be signed by a person for and
on behalf of each joint venture or, if they warrant that they have the authority vested in
them to do so, one person so authorized may sign on behalf of all joint venture’s.
3. “Bidding System” means the County’s bid portal website operated by bids&tenders™ and posted
as https://elgincounty.bidsandtenders.ca/Module/Tenders/en
4. “County” refers to the Corporation of the County of Elgin.
5. “City” refers to the Corporation of the City of St. Thomas.
6. “Constituent Municipalities” refers to lower-tier municipalities in Elgin County including the Town
of Aylmer, Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton Dunwich,
Township of Malahide, Township of Southwold, and the Municipality of West Elgin.
7. “Participating Municipalities” refers to the municipalities in Elgin County that will be participating
in this Request for Proposal.
8. “Designated Official” refers to the Purchasing Coordinator for the County of Elgin.
9. “Proposal” means the Response in the form prescribed by this Request for Proposal Document and
completed and submitted by a Proponent in response to and in compliance with the Request for
Proposal.
10. “Proponent” means the legal entity submitting a proposal.
11. “Request for Proposal (RFP)” means the document issued by the County in response to which
Proponents are invited to submit a proposal that will result in the satisfaction of the County’s
objectives in a cost-effective manner.
12. “Successful Proponent” means the Proponent whose proposal has been approved by the County.
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
4
SECTION 1.0 - INFORMATION TO PROPONENTS
1.1 Introduction and Background
The County of Elgin and participating municipalities are inviting proposals from qualified Proponents to act
as the Integrity Commissioner and, if available, provide the services as Closed Meeting Investigator and
Municipal Ombudsman that will meet the requirements of the County and participating municipalities as
outlined in this Request for Proposal.
The following participating municipalities, each with their own Code of Conduct, will consider cross-
appointing the same successful Proponent(s) for Integrity Commissioner Services and optional Closed
Meeting Investigator and Municipal Ombudsman services, if the terms are acceptable to each respective
council and the successful Proponent. Such appointment will require the Successful Proponent to enter
into a separate agreement with one (1) or more of the following municipalities:
• City of St. Thomas
• County of Elgin
• Town of Aylmer
• Municipality of Bayham
• Municipality of Central Elgin
• Municipality of Dutton Dunwich
• Township of Southwold
• Township of Malahide
• Municipality of West Elgin
Further information regarding the scope of work is included in Section 2.0.
1.2 Proposal Format and Delivery
ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy
submissions not permitted.
All Proponents shall have a Bidding System Vendor account with bids&tenders™ and be registered as a
Plan Taker for this RFP opportunity, which will enable the Proponent to download the Request for Proposal
document, download Addendums, receive email notifications pertaining to this RFP and to submit their
proposal electronically through the Bidding System.
Proponents are cautioned that the timing of their Proposal Submission is based on when the proposal is
RECEIVED by the Bidding System, not when a proposal is submitted, as proposal transmission can be
delayed due to file transfer size, transmission speed, etc.
For the above reasons, it is recommended that sufficient time to complete your proposal submission and
attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date shall be
determined by the Bidding System’s web clock.
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
5
Proponents should contact bids&tenders™ support listed below, at least twenty-four (24) hours prior to
the closing time and date, if they encounter any problems. The Bidding System will send a confirmation
email to the Proponent advising that their proposal was submitted successfully. If you do not receive a
confirmation email, contact bids&tenders™ support at support@bidsandtenders.ca.
Late Proposals are not permitted by the Bidding System.
To ensure receipt of the latest information and updates via email regarding this RFP, or if a Proponent has
obtained this RFP document from a third party, the onus is on the Proponent to create a Bidding System
Vendor account and register as a Plan Taker for the RFP opportunity.
Proponents may edit or withdraw their proposal submission prior to the closing time and date. However,
the Proponent is solely responsible to ensure the re-submitted proposal is received by the Bidding System
no later than the stated closing time and date.
The onus unequivocally remains with the Proponent to ensure that the proposal is submitted electronically
prior to the deadline and in accordance with the submission instructions.
The County, its elected officials, employees and agents shall not be responsible for any liabilities, costs,
expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or subsequent to, or by
reason of the acceptance, or non-acceptance by the County of any proposal, or by reason of any delay in
the acceptance of any proposal.
The County shall not be liable for any cost of preparation or presentation of proposals, and all proposals
and accompanying documents submitted by the Proponent become the property of the County and will
not be returned. There will be no payment to Proponents for work related to, and materials supplied in
the preparation, presentation and evaluation of any proposal, nor for the Contract negotiations whether
they are successful or unsuccessful.
1.3 Designated Official
For the purpose of this contract Mike Hoogstra, Purchasing Coordinator for the County is the
“Designated Official” and shall perform the following functions: releasing, recording, and receiving
proposals, recording and checking of submissions; answering queries from perspective proponents,
considering extensions of time, reviewing proposals received, ruling on those not completing meeting
requirements and coordinating the evaluation of the responses.
1.4 Questions / Inquiries
All inquiries regarding this RFP shall be directed through the Bidding System online by clicking on the
“Submit a Question” button for this bid opportunity. Questions submitted through the bidding system
are directed to the Designated Official. The deadline for submitting questions is noted in the RFP
Schedule (Section 1.6).
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
6
If during the period prior to submission of proposals, the County determines, in its sole and unfettered
discretion, that part of the RFP requires formal amendment or clarification, written addenda to this RFP
will be distributed to all registered Proponents.
No clarification requests will be accepted by telephone, fax or in-person meeting. Responses to
clarification requests will be provided to all interested parties. Inquiries must not be directed to other
County employees or elected officials. Directing inquiries to other than the Designated Official may
result in your submission being rejected.
1.5 Addenda
The County, may at its discretion, amend or supplement the RFP documents by addendum at any time
prior to the closing date. Changes to the RFP documents shall be made by addendum only. Such
changes made by addendum shall be supplementary to and form an integral part of the RFP documents
and should be allowed for in arriving at the total cost. The County will make every effort to issue all
addenda no later than three (3) days prior to the closing date.
Proponents shall acknowledge receipt of any addenda through the Bidding System by checking a box for
each addendum and any applicable attachment.
It is the sole responsibility of the Proponent to have received all Addenda that are issued. Proponents
should check online at https://elgincounty.bidsandtenders.ca/Module/Tenders/en prior to submitting
their proposal and up until the RFP closing time and date in the event additional addenda are issued.
If a Proponent submits their proposal prior to the RFP closing time and date and an addendum has been
issued, the Bidding System shall WITHDRAW the proposal submission and the bid status will change to an
INCOMPLETE STATUS and Withdraw the proposal. The Proponent can view this status change in the “MY
BIDS” section of the Bidding System.
The Proponent is solely responsible to:
• make any required adjustments to their proposal; and
• acknowledge the addenda; and
• Ensure the re-submitted proposal is RECEIVED by the Bidding System no later than the stated RFP
closing time and date.
The Proponent shall not rely on any information or instructions from the County or a County
Representative except the RFP Documents and any addenda issued pursuant to this section.
1.6 RFP Schedule
The RFP process will be governed according to the following schedule. Although every attempt will be
made to meet all dates, the County reserves the right to modify or alter any or all dates at its sole
discretion by notifying all Proponents through the bidding system.
Issue RFP: August 9, 2022
Last Date for Questions: August 19, 2022 @ 4:00 p.m.
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
7
RFP Close: August 26, 2022 @ 3:00:59 p.m. (local time)
Interviews/Presentations: September 2 or 5*
Award of Contract: September 13, 2022*
Contract Start: September 30, 2022
Contract End: September 30, 2024
*Dates noted above are an approximation only and are subject to change.
1.7 Proponent Communications
Each Proponent is solely responsible to ensure that all contact information for the Proponent is accurate
and updated at all times during the RFP process. Proponents may update or revise their contact
information in their Bidding System Vendor account. All correspondence from the County to a
Proponent will be issued through the Bidding System.
1.8 Proponent Investigations
Each Proponent is solely responsible, at its own cost and expense, to carry out its own independent
research, due diligence or to perform any other investigations, including seeking independent advice,
considered necessary by the Proponent to satisfy itself as to all existing conditions affecting the Proposal
for this RFP. The Proponents’ obligations set out in this RFP apply irrespective of any background
information provided by the County or information contained in the RFP Documents or in responses to
questions.
The County does not represent or warrant the accuracy or completeness of any information set out in
the RFP Documents or made available to Proponents. The Proponents shall make such independent
assessments as they consider necessary to verify and confirm the accuracy and completeness of all such
information as any use of or reliance by Proponents an any and all such information shall be at the
Proponent’s sole risk and without recourse against the County.
1.9 Notice of No Response
If you are unable, or do not wish to provide a proposal, please complete a notice of no response form in
the bidding system. It is important to the County to receive a reply from all Proponents.
1.10 No Guarantee of Volume of Work or Exclusivity of Contract
The County makes no guarantee of the value or volume of work to be assigned to the successful
Proponent. Any agreement executed with the successful Proponent will not be an exclusive contract.
The County may contract with others for the same or similar services to those described in this RFP or
may obtain the same or similar services internally.
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
8
SECTION 2.0 - TERMS OF REFERENCE
2.1 Introduction
The Corporation the County of Elgin and participating municipalities are seeking Proposals from
Proponents that have the necessary qualifications and experience to provide the services as described in
the Terms of Reference. The successful proponent will enter into separate agreements for Integrity
Commissioner Services and optional Closed Meeting Investigator and Municipal Ombudsman services with
each of the participating municipalities. Each municipality will pass their own by-law appointing the
applicable Integrity Commissioner, Closed Meeting Investigator and Ombudsman services. Where this RFP
refers to the County specifically it is understood that the same terms, conditions and requirements apply
to each of the participating municipalities.
Proponents are asked to submit information on services they would provide in the role of Integrity
Commissioner and, if available, Closed Meeting Investigator and Municipal Ombudsman, including the
provision of the necessary administrative and operational supports required to provide said services.
Please read this RFP document carefully and submit the information required in accordance with the
instructions provided herein.
The following participating municipalities, each with their own Code of Conduct, will consider cross-
appointing the same successful Proponent as its Integrity commissioner and optional Closed Meeting
Investigator and Municipal Ombudsman, if the terms are acceptable to each respective council and the
successful Proponent. Such appointment will require the Successful Proponent to enter into a separate
agreement with one (1) or more of the following municipalities:
• City of St. Thomas
• Town of Aylmer
• Municipality of Bayham
• Municipality of Central Elgin
• Municipality of Dutton Dunwich
• Township of Southwold
• Township of Malahide
• Municipality of West Elgin
Proposals made in response to this RFP will be shared under a cooperative purchasing model with the
constituent municipalities of Elgin County and the City of St. Thomas. For greater clarity, the Successful
Proponent to this RFP would be required, in addition to the agreement with the County of Elgin to execute
separate agreements directly with each municipal entity that wishes to engage the Successful Proponent’s
services and each participating municipality that wishes to engage the Successful Proponent’s services and
each participating municipality would be responsible under that separate agreement for payment of your
hourly rate. The separate agreement will include substantially the same terms and conditions as the
sample agreement attached hereto as Appendix “A”. Each participating municipality reserves the right to
select all services offered by the successful proponent or select only one or more of the services offered.
Proponents are encouraged to bring the best possible economic benefits and returns for the participating
municipalities.
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
9
2.2 Term of Contract
The appointment will be for a two (2) year term with the option to renew for an additional two (2) years.
2.3 Scope of Work
The Integrity Commissioner is an independent and impartial position that reports directly to County
Council and participating municipalities whose powers and duties are set out in the Municipal Act, 2001,
as amended.
The role of the Integrity Commissioner will be to perform the duties and have the powers provided for in
the Act, including but not limited to the following:
a) Advisory: upon proper request, provide written and/or verbal advice to individual members of
Council respecting the application of the Code of Conduct and/or any other procedures, rules,
and policies relating to and reflecting upon their ethical behaviour; and furthermore and when
appropriate, providing the full Council with specific and general opinions and advice respecting
compliance by elected officials in respect of the provisions of governing statutes the Code of
Conduct and any other applicable procedures, rules, and policies.
b) Compliance: Investigation/Determinations: upon proper request from a member of Council or
local board, municipal administration or one or more members of the public, to conduct an
inquiry and make a determination as to any alleged contravention of the Code of Conduct or
applicable procedures, rules, and policies by a member of Council or local board and
thereafter, to report the details and results of such inquiry to municipal Council.
c) Educational: provide the Chief Administrative Officer or as directed with an annual report of
activities during the previous calendar year as Integrity Commissioner, including but not
limited to advice given to Council or individual members of Council and a summary of inquiry
results and determinations; furthermore, provide outreach programs to members of Council
and local boards and relevant staff on legislation, protocols, and office procedures
emphasizing the importance of compliance with a Code of Conduct for public confidence in
Municipal Government.
Notwithstanding that set forth above, the parties acknowledge and agree that the function of the
Integrity Commissioner is to provide advice and opinion to Council and members thereof, to provide
independent compliant prevention, investigation, adjudication, and resolution to members of Council
and the public, and education respecting adherence with the Code of Conduct for members of Council
and other procedures, rules, and policies governing ethical behaviour.
The Integrity Commissioner is primarily responsible for ensuring the codes of behaviour and ethics
governing elected public officials are objectively communicated and applied. The Integrity Commissioner
is also responsible for investigating formal complaints that a member subject to the code of conduct is in
breach of the code. This is a critical role in maintaining public confidence in local government.
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The Integrity Commissioner would, upon request, provide advice and training on the Code of Conduct
and other applicable policies and statutes regarding the conduct of Councillors (including the Municipal
Conflict of Interest Act), conduct investigations to determine whether Councillors have violated the Code
of Conduct and inform members of council and staff by publishing an annual report.
The role of the Closed Meeting Investigator will be to:
1. Conduct investigations from time to time as requested by the municipality upon receipt of a
complaint in respect of meetings or part of meetings that are closed to the public to
determine compliance with the Act or the municipal procedure by-law and to report on the
results of such investigations;
2. Conduct such investigations having regard to being independent and impartial while
respecting confidentiality;
3. Proceed without undue delay and with due diligence;
4. Conduct each investigation in private;
5. Hear and obtain information from such persons as the Closed Meeting Investigator thinks fit
and to make such inquiries deemed necessary;
6. Provide an opportunity to the municipality of any such person that may be adversely affected
by a proposed report of the Closed Meeting Investigator, to make representations respecting
such report;
7. Preserve confidentiality and secrecy with respect to all matters that come to his/her
knowledge in the course of permitting duties, save and except disclosure of such matters as in
the Independent Contractor’s opinion ought to be disclosed in order to establish ground for
his/her conclusions or recommendations; and
8. After making an investigation, to render his/her opinion as to whether or not the meeting or
part of the meeting that was subject to investigation appears to have been closed to the public
contrary to the Act or Procedural By-Law and, in either case, the Investigator shall report
his/her opinion and the reasons for it to the municipality and shall make recommendations as
he/she sees fit.
The role of the Municipal Ombudsman will be to:
1. Investigate and report to Council in an independent manner on any decision or
recommendation made or act done or omitted in the course of the administration of the
municipality and its local boards with the exception of the Board of Health and Police Services
Board.
Candidates must have extensive knowledge of Provincial Statues, particularly those related to Ontario
municipalities, and have the ability to interpret the provisions of applicable statues and regulations, as
well as policies and municipal by-laws that set out the framework of accountability, transparency and
ethics that relate to conduct for members of municipal council.
The Integrity Commissioner, Closed Meeting Investigator and Municipal Ombudsman will work
independently and is expected that they shall have no involvement in political campaigning,
endorsements or any other related conflict of interest with respect to the municipalities.
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All reports, presentations and materials produced by the Integrity Commissioner, Closed Meeting
Investigator and Municipal Ombudsman for this project become the property of the municipality. Any
public materials and the final report must be delivered in an accessible standard for the purposes of
compliance with the Accessibility for Ontarians with Disabilities Act.
In performing such duties, the Independent Contractor shall have the powers set out in Subsection
223.12 (6) and Section 223.14 to 223.18 of the Act.
2.4 Communications / Substitutions / Flexibility
Proponents should be excellent communicators, possess both personal and professional integrity and
discretion, and have familiarity with investigative procedures and the legal principles involved,
particularly as they relate to evidence, legal interpretation and natural justice. Candidates must also
have extensive knowledge and appreciation of municipal government and the ability to interpret the
provisions of various statutes, regulations, policies and other enabling frameworks.
Since the Successful Proponent will be appointed by By-Law as the Integrity Commissioner and, if
available, Closed Meeting Investigator and Municipal Ombudsman, there will be no substitutions of the
successful candidate appointed.
Services will be required on a flexible and as needed basis, which may require work to be conducted
outside regular office hours. This work will include but not be limited to attendance at meetings and
responding to phone calls, and email enquiries.
2.5 Background Information – County of Elgin and Municipal Partners
The County of Elgin is situated in the heart of southwestern Ontario along the north shore of Lake Erie
and immediately south of the City of London. Elgin County is an upper‐tier County comprised of seven
(7) local municipalities covering an area of 182,000 hectares with a population of approximately
50,000. Detailed information for the County and links to each Municipal Partner’s websites are
available at the following link: https://www.elgincounty.ca/council/
2.6 Background Information – City of St. Thomas
The City of St. Thomas is located in the heart of Southwestern Ontario in Elgin County with a
population of approximately 41,000. Detailed information for the City is available at the following
link: https://www.stthomas.ca/city_hall/city_council
2.7 Reporting Schedule
The successful proponent shall provide the Chief Administrative Officer or as directed with an annual
report of activities during the previous calendar year as Integrity Commissioner and, if applicable, Closed
Meeting Investigator and Municipal Ombudsman including but not limited to advice given to Council or
individual members of Council and a summary of inquiry results and determinations.
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2.8 Codes of Conduct
County of Elgin https://www.elgincounty.ca/wp-content/uploads/2018/01/141-Admin.-
Revised-Code-of-Conduct-attachment.pdf
City of St. Thomas
https://cdn5-
hosted.civiclive.com/UserFiles/Servers/Server_12189721/File/City%20Hall/City
%20Council/StThomas_CouncilBoardsAndCommittees_CodeOfConduct_13-06-
2022.pdf
Town of Aylmer https://aylmer.ca/wp-content/uploads/2021/01/TownCodeConduct.pdf
Municipality of
Bayham
https://cdn.shopify.com/s/files/1/1017/8401/files/By-law_No._2017-
123_Council_Code_of_Conduct.pdf?1581131876418056147
Municipality of
Central Elgin
https://www.centralelgin.org/By-laws/By-law-No.-2247---Council-Code-of-
Conduct.pdf
Municipality of
Dutton Dunwich
https://www.duttondunwich.on.ca/sites/default/files/Code%20of%20Conduc
t_0.pdf
Township of
Southwold https://www.southwold.ca/en/municipal-office/code-of-conduct.aspx
Township of
Malahide
https://www.malahide.ca/en/municipal-office/resources/Council/19-26---
Code-of-Conduct-Policy-for-Council.pdf
Municipality of
West Elgin
https://www.westelgin.net/en/municipal-office/resources/Documents/Code-
of-Conduct.pdf
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SECTION 3.0 - PROPOSAL REQUIREMENTS
3.1 Proposal Submissions
ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions not permitted.
Failure to include the submission requirements may result in your proposal being disqualified.
3.2 Technical Proposal Submission Requirements
Proponents shall upload a PDF Proposal Submission, in English only, to the Bidding System.
The submission shall be no longer than fifteen (15) single sided pages (Arial 12 font or equivalent),
excluding the Curricula Vitae. The submission should include all of the information listed in this section.
Additional information may be submitted as a separate appendix and will not count towards the page
limit. Additional information will not be evaluated.
Each response to a request should clearly identify the section of this RFP to which it is responding (by
number and heading). The Proponent should provide information of sufficient scope and depth to
demonstrate the ability of the Proponent to deliver the services described in this RFP.
Information submitted is subject to verification, and further pertinent information may be obtained
from references.
NOTE: No embedded hyperlinks to online literature will be reviewed or evaluated.
3.2.1 Overview / Introduction
Proponents shall provide a narrative demonstrating the firm’s understanding of the
full scope of services, reasons why the Proponent is interested in taking on this
project and its familiarity with the County of Elgin, City of St. Thomas and the
Constituent Municipalities.
3.2.2 Firm Profile
Firms shall have the personnel, organization culture and financial resources to ensure
their ongoing ability to deliver and support the proposed project within the stated
time period of the Contract. In order to evaluate the Firm as a viable and sound
enterprise, include the following information;
▪ Year Established;
▪ No. of Years in Business;
▪ Legal Structure of Bidder (individual or firm): Corporation/Sole Proprietor /
Partnership/Other;
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▪ Names and Titles of Officers, Partners, Principal;
▪ Total number of employees;
▪ Identify all major clients;
▪ Include a statement, which describes the degree to which the scope of work of this RFP
represents the core work of the individual or firm. Include evidence that the individual
or firm has the infrastructure, suitability and resources to fulfill the County's
requirements and expectations of this RFP. Include project portfolio and experience of
previous work indicating the competence and track record of the individual or firm in
the marketplace with regard to services required by the County. Include key aspects
that distinguishes you (individual or firm) from others in the marketplace;
▪ Provide an overview of the individual or firm’s history and experience as it relates to
familiarity with the Municipal Act, 2001, Public Inquiries Act, 2009, S.O. 2009, c. 33,
Sched. 6, MCIA, and ethical standards and policies governing municipal councils;
▪ Provide an overview of the individual or firm’s experience with respect to privacy and
confidentiality issues that arise under the Municipal Act, 2001, Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, MCIA, and other
related legislation;
▪ Describe value added services (i.e. training materials, online tutorials, etc.) available to
the County and participating municipalities at no additional cost (free issue);
▪ Include a written explanation of any possible conflicts of interest regarding other work
or other client relationships, currently undertaken or anticipated with the County; and
▪ Include a written explanation of how the outcome of the Work will not provide special
advantage to any private clients of the Proponent's team, including any sub-
consultants.
3.2.3 Experience and Qualifications of the Firm
Describe the Firms experience and knowledge with this RFP’s scope of work related to the
provision of Integrity Commissioner Services for Council; and, Closed Meeting Investigator
services and Municipal Ombudsman (provisional), within the last five (5) years within a
municipality (comparable in size to the County of Elgin). Proponents are requested to
provide a minimum of two (2) relevant examples of awarded contracts for Integrity
Commissioner Services for Council; and, Closed Meeting Investigator and Municipal
Ombudsman services (provisional), within the public sector environment; within a
municipality (comparable in size to the County Elgin).
NOTE: Proponents (individual or firm) may provide more than one example per each area.
Proponents (individual or firm) shall include their familiarity with the public sector
environment (and more specifically with municipal sector comparable in size to the County
of Elgin), as it relates to Integrity Commissioner Services; and Closed Meeting Investigator
and Municipal Ombudsman services (provisional), with demonstrated knowledge,
expertise and relevant and direct experience in each of the following six (6) discipline areas:
1. Advanced mediation skills;
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2. Excellent oral and written communication skills;
3. Conducting investigations;
4. Adjudicative experience;
5. Background in law or judiciary experience; and,
6. Knowledge of municipal government and municipal law, including conflict of
interest legislation
3.2.4 Key Personnel
Clearly identify the named Key Personnel which will be assigned to this account and
their roles and responsibilities.
▪ Proposed Integrity Commissioner(s): Identify who will be assigned as the Integrity
Commissioner(s) responsible for providing and managing the Work identified with
this RFP. Identify their credentials, qualifications, achievements;
roles/responsibilities in past similar projects, including years of direct and relevant
experience with providing Integrity Commissioner Services for Council. Provide
requested information in both a resume format; and, include a Biography (of each
Named Key Personnel).
NOTE: It is the County’s preference that the proposed Integrity Commissioner(s) have
direct and relevant experience with a minimum of two (2) relevant examples of
similar Work for Integrity Commissioner Services, provided within a municipality
(comparable in size to the County of Elgin within the last five (5) years.
▪ Proposed Closed Meeting Investigator(s): Identify who will be assigned as the
proposed Closed Meeting Investigator(s) responsible for providing and managing
the Work identified with this RFP. Identify their credentials, qualifications,
achievements; roles/responsibilities in past similar projects, including years of direct
and relevant experience with providing Closed Meeting Investigator Services.
Provide requested information in both a resume format; and, include a Biography
(of each Named Key Personnel).
NOTE: It is the County’s preference that the proposed Closed Meeting
Investigator(s) have direct and relevant experience with a minimum of two (2)
relevant examples of similar Work for Closed Meeting Investigator Services,
within a municipality (comparable in size to the County of Elgin) in the last five
(5) years.
▪ Proposed Municipal Ombudsman: Identify who will be assigned as the proposed
Municipal Ombudsman responsible for providing and managing the Work identified
with this RFP. Identify their credentials, qualifications, achievements;
roles/responsibilities in past similar projects, including years of direct and relevant
experience with providing Municipal Ombudsman Services. Provide requested
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information in both a resume format; and, include a Biography (of each Named Key
Personnel).
NOTE: It is the County’s preference that the proposed Municipal Ombudsman
have direct and relevant experience with a minimum of two (2) relevant
examples of similar Work for Municipal Ombudsman Services, within a
municipality (comparable in size to the County of Elgin) in the last five (5) years.
3.2.5 Program Delivery and Performance Measures
Describe details for each service requirement below:
▪ Building upon the complaint investigation process required, describe timeline
expectations for completing investigations;
▪ Describe the process and timeline for providing responses to requests for advice from
Members of Council and how requests for advice on similar issues will be addressed;
▪ Describe the process and timeline for making determinations as to whether present
and former Members of Council, board members, employees and officers are eligible
for indemnification pursuant to the County’s Indemnification By-law;
▪ Provide a statement describing the process and timeline for responding to requests
from the public;
▪ Provide a statement of the approach for maintaining confidentiality and privacy
throughout the investigation process as well as all other aspects of the responsibilities
as Integrity Commissioner;
▪ Based on the services outlined in the Scope of Work, provide a detailed work plan,
including timing, of how you intend to initiate the work as Integrity Commissioner as
well as an outline of activities the Integrity Commissioner would expect to undertake
on an annual basis;
▪ Identify any requirements or expectations the Firm would have of the County and
participating municipalities in assisting with the duties of the Integrity Commissioner.
3.2.6 References
Select a minimum two (2) of the submitted projects identified (in section 3.2.1.3) as
references. The references cited must be willing to discuss all the services that were
(or are being) provided, and their experience with the service and staff provided
within a municipal context, with demonstrated knowledge, expertise and relevant
and direct experience in each of the discipline areas noted in 3.2.1.3.
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3.3 On-Line Forms and Schedules
Proposals must be submitted in accordance with the instructions set out in this RFP and by completing all
on-line Forms and Schedules. Schedules should be completed without delineations, alterations, or
erasures.
Proposals must contain responses to the elements listed on the Mandatory Requirements Schedule and
Pricing Schedules (see on-line bidding forms). Failure to do so will result in the Proposal being
disqualified. Proponents should provide responses to the mandatory requirements in the corresponding
schedule or as otherwise directed.
3.4 Financial Submission Requirements
Proponents shall complete the price schedule on the online bidding system. Proponents must
complete the Integrity Commissioner price form and, if service are available, the price form for Closed
Meeting Investigator and Municipal Ombudsman.
Proponents should clearly indicate any extra costs anticipated for the supply of the services in the
technical proposal submission or as a separate document. Upload the optional document under the
Additional Document (optional) section of your proposal response.
Fees & expenses shall not include contingencies or HST.
3.5 Evaluation Process
Each proposal will be evaluated on its clarity and the demonstrated understanding of the Project
requirements, the services proposed and timeframes, as well as the proponent’s experience and the
anticipated benefit to Elgin County and the participating municipalities. A short list of firms may be
created for purposes of an interview or presentation, should this be required. Proponents may be
contacted to explain or clarify their proposals; however, they will not be permitted to alter information
as submitted.
An Evaluation Committee will be established from members of the County, participating municipalities
and any others as deemed necessary.
Proposals will be evaluated on the basis of all information provided by the Proponent. Each proposal will
be reviewed to determine if the proposal is responsive to the submission requirements outlined in the
RFP. Failure to comply with these requirements may deem the proposal non-responsive.
Selection of a proposal will be based on (but not solely limited to) the following criteria and any other
relevant information provided by the Proponent at the time of submission as well as any additional
information provided during subsequent meetings with the Proponent.
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In recognition of the importance of the procedure by which a Proponent may be selected, the following
criterion outlines the primary considerations to be used in the evaluation and consequent awarding of
this project (not in any order). The County reserves the right to evaluate and rank each submission using
criterion noted. Actual scores will be confidential.
The County reserves the right to request confidential references for any of the proponent's projects
listed, as well as any of the proponent’s other projects, and factor the ratings from all references,
whether completed or in progress.
3.6 Evaluation Criteria
Submissions will be evaluated by an evaluation committee based on the following categories. The
disclosure of the allocated weightings for each category is provided to assist in preparing a proposal that
best meets the requirements of the County.
By responding to this RFP, Proponents agree to accept the decision of the evaluation committee as
final.
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Proposals will be evaluated based on the following weighted evaluation factors:
Rated Criteria
Maximum Weight
Points
PHASE 1 - MANDATORY REQUIREMENTS (Pass/Fail)
The Proposed Integrity Commissioner(s) does not have a criminal record.
The proposed Integrity Commissioner(s) does not have any current financial
interest in matters related to the County.
The proposed Integrity Commissioner(s) has not acted for or against any
present Member of Council or the County of Elgin, participating municipalities
or the City of St. Thomas in any capacity, save and except for the provision of
Integrity Commissioner/Closed Meeting Investigation services to the County of
Elgin, participating municipalities or the City of St. Thomas
The proposed Integrity Commissioner(s) is not an eligible elector in the County
of Elgin, participating municipalities or the City of St. Thomas, as defined in the
e Municipal Elections Act, 1996, S.O. 1996, c.32.
The proposed Integrity Commissioner(s) does not have any involvement in
political campaigning/endorsements or related issues with respect to current
Members of Council or candidates running for office in any municipal election
in the County of Elgin, participating municipalities or the City of St. Thomas.
The proposed Integrity Commissioner(s) is not related to any present Member
of Council.
PHASE 2 – TECHNICAL PROPOSAL 80 POINTS
Understanding of the Project 10
Methodology and Approach to Project Tasks, Deliverables including training
program
20
Project Team Experience and Qualifications (including CV’s) 25
Project Firm Experience within municipal government including practices,
procedures, methods and mandates found within municipal government
25
PHASE 3 – FINANCIAL SUBMISSION 20 POINTS
Fees / Pricing / Total Overall Cost 20 points
PHASE 4 - REFERENCES
Reference Verification (Pass / Fail)
TOTAL CUMULATIVE POINTS 100 POINTS
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3.7 Evaluation Criteria Rating / Scoring
For consistency, the following table describes the characteristics attributable to particular scores between
0-10.
0 Unacceptable Did not submit information
1-2 Very
Unsatisfactory Very poor to unsatisfactory
3 Unsatisfactory Minimally addresses some, but not all of the requirement of the criteria.
Lacking in critical areas
4 Somewhat
Unsatisfactory
Addresses most of the requirements of the criteria to the minimum
acceptable level. Lacking in critical areas.
5 Somewhat
Satisfactory
Addresses most, but not all, of the requirements of the criteria to the
minimum acceptable level. May be lacking in some areas that are not
critical.
6 Satisfactory Adequately meets most of the requirements of the criteria. May be
lacking in some areas that are not critical.
7 Good Meets all requirements of the criteria.
8 Very Good Somewhat exceeds the requirements of the criteria.
9 Excellent Exceeds the requirements of the criteria in ways that are beneficial.
10 Outstanding Proposal exceeds the requirements of the criteria in superlative ways /
very desirable.
The lowest cost proposed shall be awarded the full amount of points available for the fee portion of the
evaluation. All higher proposals shall be awarded points, rounded to the closest full point for the cost
portion of the evaluation by the following:
Lowest Cost ÷ Proposed Cost x Maximum Points = Total Cost Points.
It should be emphasized that pricing/cost is only one of the factors being considered in determining the
successful Proponent.
In submitting a proposal, the Proponent acknowledges the County’s right to accept other than the lowest
priced proposal and expressly waives all rights for damages or redress as may exist in common law
stemming from the County’s decision to accept a proposal which is not the lowest price proposal, if it is
deemed to be in the County’s best interest to do so.
All qualified proposal submissions will be reviewed and evaluated. Additional information may be
requested if necessary.
Only the proposal response and Curricula Vitae requested will be evaluated. Proponents must include all
relevant information in the required page limit restriction identified in section 3.2.
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3.8 Presentation and Interview (Optional)
The County may have the two (2) highest scoring Proponents attend an interview to present the
evaluation team with additional insight into the Proponent’s ability to meet the requirements as
requested in the RFP. The County reserves the right to interview more or fewer than two (2) Proponents
based on the scoring results.
The interviews would be conducted by the representatives of the Evaluation Committee either in-person
at the County Administration Building, 450 Sunset Drive, St. Thomas, Ontario N5R 5V1 or via web
conference. Senior staff members to be assigned to this project must be in attendance.
Presentations shall follow this general format:
➢ Introduction of Proponents Project Team (5 minutes)
➢ Proponent Presentation of the Proposal (25 minutes)
➢ Questions from Interview Committee (10 minutes)
➢ Questions from Proponents (5 minutes)
The Proponents will be notified of the final format and exact date and time for presentations in advance.
For the presentation portion of the evaluation (if required), the County will be using the rating criteria
shown below and will evaluate each short-listed Proponent only.
Interview Criteria and Weighting (Second Stage if required):
Criteria Category Weighted Points
Presentation 25
Response to Questions 10
Total Weighted Points 35
The score from the proposal evaluations and the presentations will be combined to determine an overall
score.
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SECTION 4.0 - GENERAL CONDITIONS
4.1 Rights of the County
The County is not liable for any costs incurred by the Proponent in the preparation of their response to
the RFP or selection interviews, if required. Furthermore, the County shall not be responsible for any
liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or
subsequent to, or by reason of the acceptance, or non-acceptance by the County of any proposal or by
reason of any delay in the award of the contract.
The County reserves the right to accept any proposal, in whole or in part, that it feels most fully meets
the selection criteria. Therefore, the lowest cost proposal, or any proposal may not necessarily be
accepted. County staff shall evaluate all compliant proposals received by the closing time and make
evaluations and recommendations for acceptance.
The County reserves the right to request specific requirements not adequately covered in their initial
submission and clarify information contained in the Request for Proposal.
The County reserves the right to modify any and all requirements stated in the Request for Proposal at
any time prior to the possible awarding of the contract.
The County reserves the right to cancel this Request for Proposal at any time, without penalty or cost to
the County. This Request for Proposal should not be considered a commitment by the County to enter
into any contract.
The County reserves the right to enter into negotiations with the selected Proponent. If these
negotiations are not successfully concluded, the County reserves the right to begin negotiations with the
next selected Proponent.
Proposals shall remain open and subject to acceptance for a period of ninety (90) days from closing date.
In the event of any disagreement between the County and the Proponent regarding the interpretation of
the provisions of the Request for Proposal, the Director of Financial Services or an individual acting in
that capacity, shall make the final determination as to interpretation.
No proposal shall be accepted from any person or Proponent who, has a claim or has instituted a legal
proceeding against the County or against whom the County has a claim or has instituted a legal
proceeding, without the prior approval of County Council. This applies whether the legal proceeding is
related or unrelated to the subject matter of this RFP.
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4.2 Conflict of Interest
The Proponent declares that no person, firm or corporation with whom or which the Proponent has an
interest, has any interest in this RFP or in the proposed contract for which this proposal is made.
The Proponent further declares that no member of the Council of the County or participating
municipality or no officer or employee of the County or participating municipality will become interested
directly or indirectly as a contracting party, partner, shareholder, surety, or otherwise in or in the
performance of the Contract or in the supplies, work or business to which it relates, or in any portion of
the profits thereof, or in any of the money to be derived there from.
Should the Proponent feel that a conflict of interest or potential conflict of interest exists; the Proponent
must disclose this information to the County prior to the submission of a proposal. The County may, at
its discretion, delay any evaluation or award until the matter is resolved to the County's satisfaction. The
County may allow a conflict of interest or potential conflict of interest to exist if it is satisfied that there
are adequate safeguards in place and if the County determines that it is in its best interests to do so.
The County reserves the right to disqualify a proposal where the County believes a conflict of interest or
potential conflict of interest exists.
4.3 Modified Proposals
In the event that a preferred proposal does not entirely meet the requirements of the County, the
County reserves the right to enter into negotiations with the selected Proponent, to arrive at a mutually
satisfactory arrangement and to make any modifications to the proposal as are in the best interests of
the County.
4.4 Disqualification of Proponents
More than one Proposal from an individual firm, partnership, corporation or association under the same
or different names will not be considered. A Proponent shall not discuss or communicate, directly or
indirectly with any other Proponent, any information whatsoever regarding the preparation of its own
Proposal or the Proposal of the other Proponent. Proponents shall prepare and submit Proposals
independently and without any connection, knowledge, comparison of information or arrangement,
direct or indirect with any other Proponent. Collusion between Proponents will be sufficient for rejection
of any Proposals so affected.
4.5 Confidentiality
The proposal must not be restricted by any statement, covering letter or alteration by the Proponent in
respect of confidential or proprietary information. The County will treat all proposals as confidential. The
County will comply with the Municipal Freedom of Information and Protection of Privacy Act, and its
retention by-law pursuant to the Municipal Act, in respect of all proposals. All Public Reports approved
by the Council of the County will become public information.
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4.6 Proposal Assignments
The successful Proponent will not be permitted to assign or transfer any portion of the proposal as
submitted or the subsequent agreement without prior written approval from the County and
participating municipalities.
4.7 Purchasing Policy
Submissions will be solicited, received, evaluated, accepted and processed in accordance with the
County’s Purchasing Policy as amended from time to time. In submitting a proposal in response to this
RFP, the Proponent agrees and acknowledges that it has read and will be bound by the terms and
conditions of the County’s Purchasing Policy. The Purchasing Policy can be viewed on the County’s
website, www.elgincounty.ca
4.8 Failure to Perform
Failure to comply with all terms and conditions of this proposal, and failure to supply all documentation,
as required herein, shall be just cause for cancellation of the award. The County shall then have the right
to award this contract to any other Proponent or to re-issue this RFP.
4.9 Award and Agreement
The Proponent that fully meets the requirements and scores the highest based on the evaluation criteria,
will be recommended for award. Once the award is made and approved by the County or County
Council, the report recommending such award including the total cost of the awarded project shall be a
matter of public record, unless otherwise determined by Council.
A written agreement, prepared by the County shall be executed by the County and the successful
Consultant. The complete proposal package submitted by the successful proponent, together with the
entire Request for Proposal documents prepared by the County of Elgin, shall form part of the
Agreement (see attached sample of agreement in Appendix A).
4.10 Insurance Requirements
Any agreement, with each participating municipality resulting from this RFP, will contain the following
insurance requirements:
a) Comprehensive general liability insurance including bodily injury, property damage liability,
personal injury liability, completed operations liability, blanket contractual liability, non-owned
automobile and shall contain a severability of interest and cross liability clause to a limit of no less
than five million ($ 5,000,000) dollars in respect to any one occurrence. The above-mentioned
policy shall be endorsed to include the County of Elgin as an Additional Insured.
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
25
b) Professional Liability insurance covering all activities as described in the Proponent's proposal to a
limit of no less than two million ($2,000,000) per claim and in the aggregate. Such insurance shall
provide coverage for errors and omissions made by the professional in the rendering of, or failure
to render, professional services in connection with the Agreement. Upon completion of the work
the policy shall remain in force for twelve (12) months. The Proponent must confirm that any
property damage, personal injury or bodily injury resulting from an error or omission is
considered an insurable loss whether coverage is under the Comprehensive General Liability
Policy or the Professional Liability Policy (Errors & Omissions).
c) Standard OAP 1 Automobile liability policy in the amount of two million ($2,000,000) dollars.
d) The aforementioned policies of insurance shall contain or shall be subject to the following terms
and conditions:
➢ be written with an insurer licensed to do business in Ontario;
➢ be non-contributing with, and will apply only as primary and not excess to any other
insurance or self-insurance available to Elgin County;
➢ contain an undertaking by the insurer to notify the County in writing not less than sixty (60)
days before any material change in risk or cancellation of coverage.
➢ any deductible amounts shall be borne by the Proponent.
➢ Prior to the execution of the Agreement and within fifteen (15) business days of the
placement, renewal, amendment, or extension of all or any part of the insurance, the
Proponent shall promptly provide Elgin County with confirmation of coverage insurance and,
if required, a certified true copy(s) of the policy(s) certified by an authorized representative
of the insurer together with copies of any amending endorsements applicable to the
Agreement.
4.11 Indemnification
The successful Proponent shall indemnify and hold harmless the County of Elgin, its officers, County
Council, Employees and volunteers from and against any liabilities, claims, expenses, demands, loss, cost,
damages, suits or proceedings by whomsoever made, directly or indirectly arising directly or indirectly by
reason of a requirements of this agreement save and except for damage caused by the negligence of the
County or their employees.
4.12 WSIB Requirements
The successful Proponent shall furnish a WSIB Clearance Certificate prior to commencement of work and
agrees to maintain their WSIB account in good standing throughout the contract period.
If the successful Proponent is a self-employed individual, partner or executive officer who does not pay
WSIB premium and is recognized by WSIB as an "independent operator" a letter from WSIB
acknowledging independent contractor status and confirming that WSIB coverage is not required must
be provided to the County of Elgin prior to commencement of work.
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
26
4.13 Compliance with the Accessibility for Ontario with Disabilities Act 2005
The Proponent shall ensure that all its employees and agents receive training regarding the requirements
as outlined in the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) as well as
the Ontario Human Rights Code. The Proponent is responsible to ensure that all of its employees,
volunteers and others for which the Proponent is responsible are adequately trained.
In accordance with the Accessibility for Ontarians with Disabilities Act, 2005 Integrated Accessibility
Standards Regulation (Ontario Regulation 191/11), the County requires content created for the
municipality that is to be posted on our website to be provided in a format which is compliant with
WCAG 2.0 Level AA requirements. As required under Section 14 of the regulation, any content published
on our website after January 1, 2012 needs to be compliant with the WCAG requirements by the
timelines set out in the Regulation. It is the successful Proponent’s responsibility to produce the required
documents in an accessible format
4.14 Disqualification
The County may, in its sole discretion, disqualify a proposal or cancel its decision to make an award under
this RFP, at any time prior to the execution of the Agreement by the county, if,
➢ the Proponent fails to cooperate in any attempt by the County to verify any information provided
by the Proponent in its proposal;
➢ the Proponent contravenes one proposal per Person or Entity;
➢ the Proponent fails to comply with the laws of Ontario or of Canada, as applicable;
➢ the Proposal contains false or misleading information;
➢ the Proposal, in the opinion of the County, reveals a material conflict of interest;
➢ the Proponent misrepresents any information contained in its proposal.
4.15 Record and Reputation
Without limiting or restricting any other right or privilege of the County and regardless of whether or not
a proposal or a Proponent otherwise satisfies the requirements of this RFP, the County may disqualify
any proposal from any Proponent, where;
➢ In the opinion of the County Solicitor or the Purchasing Coordinator for the County, the
commercial relationship between the Corporation of the County of Elgin and the Proponent has
been impaired by the prior and/or current act(s) or omission(s) of each Proponent, including but
not limited to:
a) Litigation with the County;
b) The failure of the Proponent to pay, in full, all outstanding accounts due to the County by the
Proponent after the County has made demand for payment;
c) The refusal to follow reasonable directions of the County or to cure a default under a
contract with the County as and when required by the County or it’s representatives;
d) The Proponent has previously refused to enter into an Agreement with the County after the
Proponent’s proposal was accepted by the County;
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
27
e) The Proponent has previously refused to perform or to complete performance of contracted
work with the County after the Proponent was awarded the contract;
f) Act(s) or omission(s) of the Proponent has resulted in a claim by the County under a bid
bond, a performance bond, a warranty bond or any other security required to be submitted
by the Proponent on an RFP within the previous five years.
➢ In the opinion of County Council or the Chief Administrative Officer, or their designate, there are
reasonable grounds to believe that it would not be in the best interests of the County to enter
into an Agreement with the Proponent, for reasons including but not limited to the conviction or
finding of liability of or against the Proponent or its officers or directors and any associated
entities under any taxation legislation in Canada, any criminal or civil law relating to fraud, theft,
extortion, threatening, influence peddling and fraudulent misrepresentation, the Environmental
Protection Act or corresponding legislation in other jurisdictions, any law regarding occupational
health or safety or the Securities Act or related legislation.
4.16 Proponent’s Costs
The Proponent shall bear all costs and expenses incurred by the Proponent relating to any aspect of its
participation in this RFP process, including all costs and expenses related to the Proponent’s involvement
in;
➢ the preparation, presentation and submission of its proposal;
➢ the Proponent’s attendance at the Proponent’s meeting;
➢ due diligence and information gathering processes;
➢ site visits and interviews;
➢ preparation of responses to questions or requests for clarification from the County;
➢ preparation of the Proponent’s own questions during the clarification process; and,
➢ agreement discussions.
The County is not liable to pay such costs and expenses or to reimburse or compensate a Proponent
under any circumstances, regardless of the conduct or outcome of the RFP Process, including the
rejection of all proposals or the cancellation of the RFP, and including any negligence of the County in the
conduct of the RFP process.
4.17 Legal Matters and Rights of the County
This RFP is not an offer to enter into either a bidding contract (often referred to as “Contract A”) or a
contract to carry out the project (often referred to as “Contract B”). Neither this RFP nor the submission
of a proposal by a Proponent shall create any contractual rights or obligations whatsoever on either the
Proponent or the County.
The County may at its sole discretion change or discontinue this RFP process at any time whatsoever.
The County may in its sole discretion enter into negotiations with any person, whether or not that person
is a Proponent or a Short-Listed Proponent with respect to the work that is the subject of this RFP.
The County may at its sole discretion decline to evaluate any proposal that in the County’s opinion is
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
28
incomplete, obscure or does not contain sufficient information to carry out a reasonable evaluation.
Without limiting the generality of the RFP, the County may at its sole discretion and at any time during
the RFP process;
➢ reject any or all of the Proposals;
➢ accept any Proposal;
➢ if only one Proposal is received, elect to accept or reject it;
➢ elect not to proceed with the RFP;
➢ alter the timetable, the RFP process or any other aspect of this RFP; and
➢ cancel this RFP and subsequently advertise or call for new Proposals for the subject matter of this
RFP.
In addition to and notwithstanding any other term of this RFP, the County shall not be liable for any
damages resulting from any claim or cause of action, whether based upon an action or claim in contract,
warranty, equity negligence, intended conduct or otherwise, including any action or claim arising from
the acts or omissions, negligent or otherwise of the County and including any claim for direct, indirect or
consequential damages, including but not limited to damages for loss of profit, loss of reputation, injury
to property and bodily injury that results from the Proponents’ participation in the RFP process, including
but not limited to;
➢ the disclosure of a Proponent’s confidential information;
➢ the costs of preparation of a Proponents Proposal, whether it is accepted, disqualified or
rejected;
➢ any delays, or any costs associated with such delays, in the RFP process;
➢ any errors in any information supplied by the County to the Proponents;
➢ the cancellation of the RFP; and
➢ the award of the contract to a Proponent other than the Proponent recommended by the
Proposal Review Committee.
4.18 Human Rights, Harassment and Occupational Health and Safety
The successful Proponent shall be required to comply with the County’s policies regarding Human Rights,
Harassment in the Workplace and Occupational Health and Safety as well as all Provincial and Federal
laws, regulations and guidelines regarding Human Rights, Harassment in the Workplace and
Occupational Health and Safety.
4.19 Covid-19 Pandemic
The successful Proponent shall comply with current COVID health and safety measures in place during
the term of this contract.
All Proponents (hereinafter including all individual employees, agents or other representatives) must
obtain and review the County’s COVID-19 Vaccination Verification Policy, 8.390. This policy requires
any individual attending a County workplace to submit proof of a full course of a Health Canada
approved COVID-19 vaccination OR to provide the negative result of a rapid antigen test, or PCR test if
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
29
available, taken within the immediate preceding forty-eight (48) hours, before being admitted to the
County workplace to perform work. Each individual will have to show proof of identification that
corresponds to their proof of vaccination. The County will not keep a copy of the proof of vaccination
or any other personal health information of the individual. The successful Proponent must ensure that
all individuals attending a County workplace to perform work or deliver services are aware of the
policy and these requirements, to ensure that the individual arrives at the County workplace with the
proper documentation for screening. Any individual arriving at a County workplace on behalf of the
successful Proponent that does not have the required documentation will be refused entry to the
County workplace and the County will not pay any fee or cost for call-out or for the undelivered work
or service where the individual is turned away for failure to adhere to the County’s COVID-19
Vaccination Verification Policy.
All Proponents (hereinafter including all individual employees, agents or other representatives) must
obtain and review the County’s Long-Term Care (LTC) Home Policy and Procedure No. 2.10 regarding
the Homes specific COVID-19 Vaccination Verification Policy. Any individual attending a County of
Elgin LTC Home must be fully vaccinated before being admitted to any LTC Home to perform work.
4.20 Clarification
The County may require the Proponent to clarify the contents of its proposal, including by the submission
of supplementary documentation, or seek a Proponent’s acknowledgement of the County’s
interpretation of the Proponent’s proposal.
The County is not obliged to seek clarification of any aspect of a proposal.
4.21 Supplementary Information
The County may, in its sole discretion, request any supplementary information whatsoever from a
Proponent after the submission deadline including information that the Proponent could or should have
submitted in its proposal prior to the submission deadline. The County is not obliged to request
supplementary information from a Proponent.
4.22 Default / Non-Performance
The County will reserve the right to determine “non-performance” or “poor quality” of service and
further reserves the right to cancel any or all of this contract at any time should the Proponent’s
performance not meet the terms and conditions of the RFP upon 30 days written notification to the
Proponent.
“Non-performance” shall mean the failure to meet the complete terms and conditions of this Contract
including, but not limited to, the response time. In the event of such cancellation, the County retains the
right to claim damages as a result of such default.
If the County terminates the Contract, it is entitled to:
a) withhold any further payment to the Proponent until the completion of the work and the expiry of
Attachment 1
REQUEST FOR PROPOSAL NO. 2022-P36
INTEGRITY COMMISSIONER SERVICES
30
all obligations under the Contract; and
b) recover from the Proponent any loss, damage and expense incurred by the County by reason of the
default (which may be deducted from any monies due or becoming due to the Proponent).
Attachment 1
Request for Proposal No. 2022-P36
Integrity Commissioner Services
This addendum forms part of the RFP documents and is to be read, interpreted and coordinated with
all other parts of the Request for Proposal.
The following questions have been received by the County; the County’s response follows each
question.
Question 1:
“With respect to the third requirement under the Phase 1 - Mandatory Requirements, it is
extremely broad and onerous. Our firm is a full service law firm that does work across
Ontario. In our experience, typical requirements provide that the proponent have not acted for
or against any members of council and any not involved in any current proceedings against
the municipality. To require that a proponent not ever have acted for or against of the nine
municipalities is unduly onerous. Would the County consider revising this Mandatory
Requirement?”
Answer:
The requirement is revised by Addendum 1.
Question 2:
“Will inability to comply with question 3.2.3 requesting a minimum of two awarded contracts
disqualify a proponent’s proposal, i.e., is 2 awarded contracts a mandatory requirement?”
Answer:
No, Proponents will however be scored based on their ability to meet this requirement.
Question 3:
“Section 3.2 of the RFP states that proposal submissions must be no longer than 15 pages.
Given the number of requests in the RFP that proponents must respond to, we are finding it
difficult to limit our submission to 15 pages. We respectfully request that the County either
increase or eliminate the page limit to ensure that proponents can respond in full to each
requested piece of information.”
Addendum No. 1
Attachment 1
Addendum No. 1
RFP No. 2022-P36
Answer:
Section 3.2, second paragraph, first sentence of the RFP has been amended by the following:
The submission shall be no longer than twenty (20) single sided pages (Arial 12 font or equivalent),
excluding the Curricula Vitae.
RFP Amendments
1. Section 1.1, bullet list, the reference to the Town of Aylmer is hereby deleted and any reference
throughout the RFP to participating municipalities is deemed not to include the Town of Aylmer.
2. Section 2.1, bullet list, the reference to the Town of Aylmer is hereby deleted.
3. At section 3.6, Evaluation Criteria in the chart identified as Phase 1 – Mandatory Requirements,
page 19, the third requirement is deleted and replaced with the following:
The proposed Integrity Commissioner(s) has not acted for or against any present Member of
Council and is not currently involved in any legal proceedings against the County of Elgin,
participating municipalities or the City of St. Thomas, save and except that the provision of
Integrity Commissioner/Closed Meeting Investigation services to the County of Elgin,
participating municipalities or the City of St. Thomas, inclusive of any guidance or advice given
to members of council as part of those services, is excluded.
4. Section 4.10, Insurance Requirements, is hereby deleted and replaced with the following:
4.10 Insurance Requirements
Any agreement with each participating municipality resulting from this RFP will, at minimum,
contain the following insurance requirements:
a) Commercial general liability including errors and omissions OR professional liability,
whichever is applicable, in an amount of coverage not less than two-million dollars
($2,000,000.00);
b) Non-owned auto-mobile coverage with a limit of at least one million dollars ($1,000,000.00);
c) Such other insurance clauses or coverages as the County deems necessary for the
provision of the services;
5. Section 4.11 is hereby deleted and replaced with:
4.11 Indemnification
The County of Elgin shall indemnify and save harmless the Commissioner or any person acting
under the instructions of that officer for costs reasonably incurred by either of them in connection
Attachment 1
Addendum No. 1
RFP No. 2022-P36
with the defence of a proceeding if the proceeding relates to an act done in good faith
performance or intended performance of a duty or authority under this Agreement, Part V.1 of
the Municipal Act, 2001 or a by-law passed under it or an alleged neglect or default in the
performance in good faith of the duty or authority.
The Commissioner shall indemnify and save harmless the County of Elgin, inclusive of its
councillors, officers, employees and agents, for all claims, demands, causes of action, costs
(including legal costs as between a solicitor and client), interest, or damages of any nature
whatsoever arising from a fraud, willful misconduct or bad faith performance of a duty or
authority under this Agreement, Part V.1 of the Municipal Act, 2001 or a by-law passed under it.
6. Table of Contents, the reference to a “APPENDIX A – SAMPLE AGREEMENT” is hereby
deleted.
7. Section 2.1, fourth body paragraph, the following sentence is hereby deleted “The separate
agreement will include substantially the same terms and conditions as the sample agreement
attached hereto as Appendix “A”” as shown in the below strikethrough
Proposals made in response to this RFP will be shared under a cooperative purchasing model
with the constituent municipalities of Elgin County and the City of St. Thomas. For greater
clarity, the Successful Proponent to this RFP would be required, in addition to the agreement
with the County of Elgin to execute separate agreements directly with each municipal entity that
wishes to engage the Successful Proponent’s services and each participating municipality that
wishes to engage the Successful Proponent’s services and each participating municipality would
be responsible under that separate agreement for payment of your hourly rate. The separate
agreement will include substantially the same terms and conditions as the sample agreement
attached hereto as Appendix “A”. Each participating municipality reserves the right to select all
services offered by the successful proponent or select only one or more of the services offered.
The entirety Section 2.1, fourth body paragraph now reads:
Proposals made in response to this RFP will be shared under a cooperative purchasing model
with the constituent municipalities of Elgin County and the City of St. Thomas. For greater
clarity, the Successful Proponent to this RFP would be required, in addition to the agreement
with the County of Elgin to execute separate agreements directly with each participating
municipality that wishes to engage the Successful Proponent’s services, and, each participating
municipality would be responsible under that separate agreement for payment of your hourly
Attachment 1
Addendum No. 1
RFP No. 2022-P36
rate. Each participating municipality reserves the right to select all services offered by the
successful proponent or select only one or more of the services offered.
8. Section 4.9 “Award and Agreement” the words at the end of the section “(see attached sample
of agreement in Appendix A)” is hereby deleted, such that the entirety of section 4.9 now reads:
4.9 Award and Agreement
The Proponent that fully meets the requirements and scores the highest based on the
evaluation criteria, will be recommended for award. Once the award is made and approved by
the County or County Council, the report recommending such award including the total cost of
the awarded project shall be a matter of public record, unless otherwise determined by Council.
A written agreement, prepared by the County shall be executed by the County and the
successful Consultant. The complete proposal package submitted by the successful proponent,
together with the entire Request for Proposal documents prepared by the County of Elgin, shall
form part of the Agreement
9. Appendix A – Sample Agreement is deleted.
End of Addendum No. 1
Addendum Issued: August 18, 2022
Total Pages: Four (4)
Regards,
Mike Hoogstra, CPPB | Manager of Procurement & Risk
P: 519-631-1460, extension 129 | E: mhoogstra@elgin.ca
Attachment 1
View Details
Bid Details
Download Bid Documents
Documents
Bid Classification: Services
Bid Type: Request For ProposalBid Number: 2022-P36
Bid Name: Integrity Commissioner Services (Optional: Closed Meeting
Investigator and Municipal Ombudsman)
Bid Status: Closed
Published Date: Tue Aug 9, 2022 2:15:59 PM (EDT)
Bid Closing Date: Fri Aug 26, 2022 3:00:59 PM (EDT)
Question Deadline: Fri Aug 19, 2022 4:00:00 PM (EDT)
Lead Agency ELGIN, COUNTY OF
Number Of Agencies 8
Participating Agencies Refer to RFP document
Electronic Auctions: Not Applicable
Language for Bid Submissions: English unless specified in the bid document
Submission Type: Online Submissions Only
Submission Address: Online Submissions Only
Public Opening: No
Description: The County of Elgin and participating municipalities are inviting
proposals from qualified Proponents to act as the Integrity
Commissioner and, if available, provide the services as Closed
Meeting Investigator and Municipal Ombudsman.
Bid Document Access: Bid document preview, bid opportunity, and award notices are
available on the site free of charge. Suppliers are not required to
register for a bid opportunity prior to previewing unsecured bid
documents. Please note, some documents may be secured and you
will be required to register for the bid to download and view the
documents. To obtain an unsecured version of the bid document
and/or to participate in this opportunity, an annual or a per bid fee
must be paid (annual fee - $399.00, per bid fee - $119.76).Categories: Show Categories [+]
Register for this Bid
2022-P36.pdf Monday August 8, 2022 09:30 AM
File Name
Attachment 2
Addenda
Purchasing Representatives
RFP Document Tuesday August 9, 2022 02:07 PM
2022-P36 - ADDENDUM NO. 1 Thursday August 18, 2022 04:15 PM
File Name
Hoogstra, Mike
Rice, Alex
Employee
Bids Submitted
The following are the unofficial bid results
ADR Chambers Inc.
Stitt, Allan 180 Duncan Mill Road, Toronto
Ontario, Canada
M3B1Z6
Aird & Berlis LLP
Dueck, Peter Brookfield Place, 181 Bay Street, Toronto
Ontario, Canada
M5J2T9
Boghosian + Allen LLP
Deck, Liseta 65 Queen Street West, Toronto
ON, Canada M5H 2M5
Company Contact
Plan Takers
The following are the plan takers for the bid:
ADR Chambers Inc.
Stitt, Allan 180 Duncan Mill Road, Toronto
Ontario, Canada
M3B1Z6
Aird & Berlis LLP
Dueck, Peter Brookfield Place, 181 Bay Street, Toronto
Ontario, Canada
M5J2T9
Boghosian + Allen LLP
Deck, Liseta 65 Queen Street West, Toronto
ON, Canada M5H 2M5
Company Contact
Attachment 2
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CAO|Clerk
DATE: September 15, 2022
REPORT: CAO-52/22 SUBJECT: CURBSIDE WASTE DISPOSAL CONTRACT – NORFOLK DISPOSAL
BACKGROUND
At its March 15, 2012 meeting, Council received Report E2012-04 re Waste Management
Master Plan Implementation – Waste Collection RFP. Subsequently, on April 5, 2012, Council
adopted By-law No. 2012-041, being a by-law to authorize the execution of an Agreement
between the Municipality of Bayham and Norfolk Disposal Services Limited to provide for the
provision of curbside waste management collection services in the Municipality of Bayham. This
Agreement is No. 0185-08 and is the eighth Agreement of its nature with Norfolk Disposal since
2001.
The Municipality of Bayham’s Agreement with Norfolk Disposal for the collection of waste and
blue box materials is still active. The Agreement lapses on June 1, 2023.
Additionally, Council, at its June 16, 2022 meeting, received Report PS-13/22 re Bulk Item
Curbside Pick-Up Financial Impacts and provided direction regarding the establishment of a
three-month trial for a curbside large item pick-up through the following motion:
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report PS-13/22 re Bulk Item Curbside Pick-Up Financial Impacts be
received for information;
AND THAT a three-month trial for Bulk Item Curbside Pickup under Option 2, with a
$15 user fee, be implemented effective August 2022;
AND THAT the trial be supplemented with funds from the Environmental Reserve;
AND THAT staff be directed to report back to Council at the October 6, 2022
Council meeting on the program’s progress.
As of the date of this Report, one full cycle of bulk item curbside pick-up has been completed
through Norfolk Disposal as service provider.
Council is aware that the Blue Box Regulation under the Resource Recovery and Circular
Economy Act, 2016 (RRCEA) came into effect on June 3, 2021, and made producers of
products and packaging fully responsible for managing their products at end of life. Producer
Responsibility Organizations (PROs) are implementing the Blue Box Regulation by developing a
province-wide common collection system on behalf of producers.
At its August 18, 2022 meeting, Council received Report CAO-40/22 re 2023 Blue Box
Transition and passed the following motion:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report PS-40/22 re 2023 Blue Box Transition be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham hereby opt
out of the option to provide continuation of existing collection services during
transition period from July 2023 to December 2025 and allow Producer
Responsibility Organizations to take over provision of recycling services effective
July 1, 2023.
The above motion removes the requirement for the Municipality to provide curbside recycling
services past July 1, 2023 and necessitates a discussion with the service provider about the
expectations for the curbside waste management program.
DISCUSSION
In 2012, which was the last time formal procurement for waste management was sought, a joint
RFP was issued with Malahide and Central Elgin. Norfolk Disposal was the successful vendor
for Bayham.
Agreement No. 0185-08 covers curbside garbage and blue box collection. It was entered into on
June 1, 2012 with a seven (7) year term with extensions available, which would take the
contract’s life through until June 1, 2023. There does not appear to be any language in the
Agreement for additional extensions and due to the shifting responsibility for blue box collection,
an extension would not be recommended as Council has chosen to opt out of providing blue
box collection effective July 1, 2023.
The Municipality has a long-standing and successful relationship with Norfolk Disposal across
bulk item, curbside garbage, and curbside recycling and staff are interested in continuing this
arrangement.
Norfolk Disposal has been providing waste management services in various forms since at least
2001 through seven previous contracts for same. The Municipality, as noted, also has an
arrangement in place with Norfolk Disposal for the three-month bulk item curbside pick-up,
which is progressing well based on staff discussion and has the ability to become a permanent
level of service increase in the Municipality, should Council ultimately wish to do so.
Staff are providing this Report as a general information piece so Council is aware of the
impending lapse in contracted services for waste management. Staff are also seeking Council’s
support to engage Norfolk Disposal in preliminary discussion around the options for a new
contract specific to curbside garbage collection as recycling transfers to Producer Responsibility
Organizations on July 1, 2023.
Should Norfolk Disposal be amenable, Council would have the option under the Municipality’s
Procurement Policy to either 1) issue a Request for Proposal (RFP) seeking interested
proponents for provide the service(s) in question; or, 2) single-source of Norfolk Disposal.
RECOMMENDATION
1. THAT Report CAO-52/22 re Curbside Waste Disposal Contract – Norfolk Disposal be
received for information;
2. AND THAT Council supports the engagement of Norfolk Disposal Services Limited in
discussion regarding a new contract for curbside garbage collection services.
Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk