Procurement

The County of Essex is committed to providing equal treatment to people with disabilities with respect to the use and benefit of County services, programs, and goods in a manner that respects their dignity and that is equitable in relation to the broader public. All contractors with the County must comply with all laws applicable to the performance of the work.

Third party Contractors who deal with the public or other third parties on behalf of the County, as well as contractors who participate in developing County policies, practices or procedures governing the provision of goods and services to members of the public or other third parties, must conform with the Accessibility for Ontarians With Disabilities Act, 2005 (“AODA”), in particular the Accessibility Standards for Customer Service, O. Reg. 429/07 as well as the Integrated Accessibility Standards, O. Reg. 191/11.

Pursuant to section 6 of Ontario Regulation 429/07, Accessibility Standards for Customer Service (the "Customer Service Regulation"), made under the AODA, Contractors who deal with the public or other third parties on behalf of the County, as well as Contractors who participate in developing County policies, practices or procedures governing the provision of goods and services to members of the public or other third parties shall ensure that all of its employees, agents, volunteers, or others for whom it is responsible, receive training about the provision of goods and services provided to people with disabilities. The Accessible Customer Service Training shall be provided in accordance with section 6 of the Customer Service Regulation and shall include, without limitation, a review of the purposes of the AODA and the requirements of the Customer Service Regulation, as well as instruction regarding all matters set out in section 6 of the Customer Service Regulation.

Pursuant to section 7 of Ontario Regulation 191/11, Integrated Accessibility Standard (the "Integrated Regulation"), made under the AODA, Contractors who provide goods, services or facilities on behalf of the County shall ensure that all of its employees, agents, volunteers, or others for whom it is responsible, receive training on the requirements of the accessibility standards referred to in the Integrated Regulation and on the Human Rights Code as it pertains to persons with disabilities.

The Contractor shall submit to the County or Ministry, if requested, documentation describing its accessibility training policies, practices and procedures, and a summary of the contents of training, together with a record of the dates on which training is provided and the number of attendees. The County reserves the right to require the Contractor, at the Contractor’s expense, to amend its accessibility policies, practices and procedures if the County deems them not to be in compliance with the requirements of the Customer Service Regulation and/or the Integrated Regulation. The Contractor shall only assign those employees who have successfully completed training in accordance with such Regulations to provide services to, or on behalf of, the County.

The Contractor shall ensure that any information, products, deliverables and/or communication (as defined in the Integrated Regulation) produced pursuant to the Contract shall be in conformity with World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and shall be provided in accessible Word, Excel, PowerPoint, PDF/UA, etc.

Please see the County's accessibility policies for more information.

Please log in to Bids and Tenders to view current bid opportunities. Create an account if you are a first-time vendor.

The County of Essex will exclude “U.S. businesses” from procurements for goods and/or services with a dollar value under $353,300.00 or for construction projects under $8,800,000.00, unless U.S. businesses are the only viable source for the goods and/or services and the procurement cannot be delayed. An entity will be seen to be a “U.S. business” if it is a supplier, manufacturer or distributor of any business structure that has its headquarters or main office located in the U.S. and has fewer than 250 full-time employees in Canada at the time of the procurement process.

• Ontario Public Buyers Association (OPBA)
• Ontario Education Collaborative Marketplace (OECM)
• Southern Ontario Library Services (SOLA)
• Public Services Procurement Canada (PSPC)
• Local Authority Services (LAS) Canoe
• Canadian Collaborative Procurement Initiative (CCPI)
• Supply Chain Ontario (SCO)
• Consolidated Fleet Solutions
• Ministry of Government Services (MGS)
• Kinetic GPO Ltd.
• HealthPRO
• Sourcewell

The Municipal Freedom of Information and Protection of Privacy Act establishes a general right of access to records held by municipal governments and local agencies, boards and commissions. For more information see our Privacy Policy and Freedom of Information page.

When procuring goods and/or services that may be subject to new tariffs, taxes, duties or customs (“new tariffs”) after the bid closing, the County of Essex may at its sole discretion include in the contract an escalation clause providing that, if the supplier intends to request additional funds for the procurement of goods and/or services due to New Tariffs:

a. The supplier must notify the county of any price impact related to new tariffs that have been imposed after the effective date of the contract including a detailed description of the new tariffs (i.e. the rates, amounts and specific products affected) as well as supporting documentation demonstrating the direct impact of the new tariffs on the contract.

b. The supplier must identify for the county all reasonable measures that have been taken or may be taken to mitigate the impact of the new tariffs on the contract including but not limited to cost-effective alternatives, procuring the goods and/or services before the enactment of the new tariffs, delaying the procurement of the goods and/or services or other reasonable measures.

c. The supplier must submit a proposal to the county, with supporting documentation, containing one or more recommendations for procuring the goods and/or services affected by the new tariffs, including a cost-benefit analysis, and specifying the direct costs reasonably incurred solely due to the new tariffs and the proposed adjustment to the contract price associated with the proposal. The supplier will provide the county with any additional information or documentation reasonably requested by the county to consider the proposal.

d. Upon receiving the supplier’s proposal, the county will provide written direction to the supplier which could include procuring the goods and/or services subject to the tariff, either early or as planned, procuring the goods and/or services from an alternative source, and/or delaying the procurement. The supplier shall issue any change orders or documentation requested by the county to complete or delay the procurement.

These are some of our planned procurements for 2026:

• B-42-42 Big Creek Bridge
• B-12-03 River Canard Bridge
• RC-50-165 Lonberry Drain Culvert
• C-12-070 Adams Sweet Drain
• C-14-186 East Olge Drain Culvert
• C-27-256 Seventh Concession Drain Culvert
• Hot mix resurfacing over CIREAM 
• Hot mix overlay and mill, and pave
• CIREAM

Tenders and proposals will be called, received, evaluated, accepted and processed in accordance with the county's Procurement By-law and policy. Vendors retained by the County of Essex will enter a contract and agree to Standard Terms and Conditions

The Procurement Restriction Policy was established to restrict public sector buyers from procuring goods and services from U.S. businesses. The policy was established as part of an Ontario government response to U.S. tariffs on Canadian products and services. If the relevant tariffs are removed, the policy may be adjusted or rescinded. For any clarification or questions regarding the applicability of the policy contact doingbusiness@supplyontario.ca

County of Essex 2020 Vendors of Record Roster Categories

Standard Terms and Conditions
The Corporation of the County of Essex (the “County”)

Entire Agreement and Order of Precedence

This Purchase Order, together with these General Terms and Conditions, the RFQ, all Addenda issued by the County, the Vendor's accepted Submission, and the specifications incorporated herein (collectively, the "Agreement"), constitutes the entire agreement between the County and the Vendor with respect to the Goods.

In the event of any conflict or inconsistency among the Contract Documents, the following order of precedence shall apply:

• the Purchase Order;
• these General Terms and Conditions;
• Addenda issued by the County;
• the RFQ, including its schedules and specifications; and
• the Vendor's accepted Submission.

No terms or conditions contained in the Vendor's quotation, acknowledgement, invoice, packing slip, website or other document shall modify or supplement this Agreement unless expressly accepted in writing by an authorized representative of the County.

No course of dealing, usage of trade or custom shall modify the Agreement.

Purchase of Goods

The County agrees to purchase, and the Vendor agrees to supply and deliver, the Goods described in the Purchase Order and RFQ in accordance with this Agreement.

The Vendor shall not subcontract, assign or otherwise delegate its obligations under this Agreement without the prior written consent of the County.

Term and Termination:

This Agreement is effective as of the date set out on the Purchase Order and, unless terminated pursuant hereto, shall continue until the date set out on the Purchase Order. 

Either party may terminate this Agreement (i) at any time for convenience upon thirty (30) days’ written notice to the other party, or (ii) immediately upon written notice if the other party becomes insolvent, or is made the subject of a bankruptcy, conservatorship, receivership or similar proceeding. 

The County may terminate this Agreement, without prejudice to the County’s rights hereunder: (i) in accordance with this section; or (ii) if the Vendor breaches any provision of, or any of its obligations under, this Agreement.

Fees and Invoicing: 

Invoices shall be payable within thirty (30) days following receipt of a complete and accurate invoice and acceptance of the applicable Goods by the County.  Invoices must be sent via email to accountspayable@countyofessex.ca and shall contain: (i) a description of the goods provided; (ii) details of the fees and applicable taxes due; (iii) all taxes shown separately; (iv) its HST / GST number; and (v) PO Number.

Disputed Invoices – If the County disputes an invoice delivered by the Vendor, it shall notify the Vendor promptly in writing of the reasons for the dispute within fourteen (14) days of receipt of the disputed invoice.  The County shall pay only the undisputed portion of the Fees in accordance with the payment terms herein.  The parties agree to try to negotiate any disputed invoice prior to commencing an action in Court.

Expenses – The prices set out in the Purchase Order are firm and inclusive of all costs associated with supplying and delivering the Goods, including freight, transportation, packaging, handling, fuel surcharges, duties and all other cost and expense, excluding only HST. In no event shall any additional charge or expenses be payable by the County, nor shall the County be in any way liable for same, unless such expense is pre-approved in writing by the County and supporting documentation is provided to the County along with the invoice for same.

Inspection and Acceptance

The County may inspect the Goods upon delivery or within a reasonable period thereafter. Inspection, receipt or payment for the Goods shall not constitute acceptance of Goods that do not comply with the Agreement.

The County may reject any Goods that are defective, damaged or otherwise fail to conform to the Agreement or applicable specifications. At the County's option, the Vendor shall promptly replace rejected Goods at its sole cost or refund the amounts paid for such Goods.

Delivery and Risk of Loss

The Vendor shall deliver the Goods to the location and by the delivery date specified by the County. All freight, transportation, packaging, handling and insurance costs shall be included in the  price.

Title to and risk of loss or damage to the Goods shall remain with the Vendor until the Goods have been delivered to the County's designated delivery location and accepted by the County.

Representations, Warranties & Covenants

The Goods will be provided in a timely, professional and competent manner, with all due skill and care, and in accordance with applicable, accepted industry standards outlined in this RFQ;

Goods and Services will conform to the requirements as set out in the RFQ and Purchase Order;

It has the authority and capacity to enter into this Agreement, and it is not subject to any restrictive covenant or other legal obligation which prohibits the Vendor from providing the goods;

None of the Goods infringe the intellectual property rights of any other person and the County shall have the right to use the Goods without any restriction or obligation to any other person;

Neither the Vendor, its representative or any employee or agent of the Vendor has any relationship with any third party with whom the County has contracted which would cause the Vendor to have a conflict of interest in relation to this Agreement.  Should any such conflict of interest arise during the Term of this Agreement, the Vendor covenants and agrees to immediately notify the County;

All reports, if applicable, and documentation submitted to the County shall be true, accurate, complete and legible; and

The Vendor is, where applicable, duly registered as an HST/GST registrant under the Part IX Excise Tax Act (Canada).

Confidentiality

The Vendor acknowledges and agrees that the County is the custodian and owner of confidential, customer and proprietary information as well as personal information, all of which the County is required to protect.  The parties agree to maintain any such information confidential as amongst themselves.  The Vendor agrees that any breach of the terms of this confidentiality would cause irreparable harm, and the County shall be entitled to seek specific performance or injunctive relief to enforce the terms of this confidentiality clause in addition to any remedies it may otherwise be entitled to at law or in equity.

Notwithstanding the foregoing, the Vendor acknowledges that the County is subject to the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA") and that records relating to this Agreement may be subject to disclosure in accordance with applicable law. Nothing in this Agreement shall require the County to withhold information where disclosure is required by MFIPPA or other applicable law.

Audit

The Vendor shall keep proper accounts and records of the cost relating to the Goods, including all invoices, receipts and vouchers.

Unless the County has consented in writing to its disposal, the Vendor must retain all the information described in this section for six (6) years after either:

1.1.1         When the Vendor receives the final payment under this Agreement; or

1.1.2         Until the settlement of all outstanding claims and disputes, whichever is later.

During this time, the Vendor must make this information available for audit, inspection and examination by the representatives of the County, who may make copies and take extracts. 

Compliance with Laws

The Vendor shall comply with all federal, provincial and municipal laws, regulations, codes and standards applicable to the supply, transportation and delivery of the Goods.

Assignment

The Vendor shall not assign this Agreementm in whole or in part, without prior written consent of the County.

Reference

The Vendor shall not make reference to the County in any promotional material without the prior written authorization of the County.

Severability

The invalidity, illegality, or unenforceability of any one or more provisions of this Agreement will not impair any other provision in this Agreement.

Jurisdiction

This Agreement and the rights and obligations of the parties in this Agreement will be governed in all respects by the law of the Province of Ontario, Canada. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Ontario.

Language

The parties hereto have explicitly requested and hereby accept that this Agreement be drawn up in English. Les parties aux présentes ont expressément demandé et acceptent par les présentes que le présent document « Agreement » soit rédigé en anglais.