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HomeMy WebLinkAboutCOD-045-10c~~~~~on REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution#: (~ -~/~-.~/aG -/0 By-law#: o?Ol0 •~DO Report: COD-045-10 File#: Subject: PURCHASING BY-LAW - UPDATE 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-045-10 be received; 2. THAT Purchasing By-law 2006-127 be repealed; 3. THAT the proposed By-law, provided under separate cover, be forwarded to Council for approval in principle and intent; 4. THAT the proposed By-law be prepared and formatted in a manner satisfactory to the Municipal Solicitor and the Manager of Purchasing ready for execution by the Mayor and Clerk; 5. THAT any agreements approved by the CAO in compliance with the by-law limits requiring execution, be forwarded to the Mayor and Clerk for signatures; and 6. THAT a final copy of the By-law be distributed to members of Council for information as soon as practicable. Submitted by: Reviewed b~ r """-~- -~ ~J~(. arano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer MMW61km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: COD-045-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 The existing Purchasing By-law no. 2006-127 was implemented in 2006, with several minor changes being made since that time. 1.2 For information purposes a complete copy of the existing by-law together with the proposed by-law, prepared side by side for comparison purposes has been distributed under separate cover. A summary of changes is attached as Schedule "A" 2.0 ANALYSIS 2.1 As the Municipality continues to grow, so too does the need for efficient and effective procedures. 2.2 With increasing prices and demand for services, the dollar limits for purchase orders and tenders is hindering the pertormance of the various departments within the Municipality of Clarington. In addition, the approval process is extending the period of time needed to bring an agreement to fruition. 2.3 In addition, recent changes made to the Municipal Act require that the Municipality of Clarington update their purchasing by-law to meet various requirements stated in the Act. The proposed amendments are established to set parameters that will meet market conditions and be effective for the next five years. REPORT NO.: COD-045-10 PAGE 3 2.4 The changes in the new by-law include; expanded definitions, addition of purpose, goals and objectives, rejection of bids, negotiation, changes to dollar amounts and expedited approval process for contracts up to a specified dollar limit, minor or adjustment to the exemptions, the introduction of green procurement, introduction of a vendor complaints process as well as various other minor changes. Schedule "B", distributed separately provides a side by side comparison of the current by-law to the proposed by-law with changes noted in italics. 2.5 The changes proposed in the new by-law do not detract from the standard and public sector accepted processes used to ensure a fair, transparent and competitive process. The same level of care will be exercised in conducting the procurement process. In addition, with the introduction of Complaints and Bidders Protest policy any concerns expressed by vendors can be addressed in a formal and consistent manner. 2.6 The significant changes introduced in this by-law deal with changes in the thresholds for the use of formal quotations and public tenders. 2.7 The two significant additions to the by-law include the provision for approval on contract award by the CAO and the introduction of a process for the purchase of on-going repetitive supplies and services. A summary of changes and additions is provided and attached as Schedule "A". 2.8 For information, the dollar thresholds quoted in the proposed by-law are in line with Municipalities such as Oshawa, Vaughn and Pickering. REPORT NO.: COD-045-10 PAGE 4 3.0 CONCLUSION 3.1 With the introduction of the new by-law the procurement process will experience improved efficiencies thereby shortening period required for the majority of the Municipality's acquisitions while maintaining the fair, transparent and competitive process. 3.2 Due to the number of changes required, it is recommended that the existing Purchasing By-law #2006-127 be repealed and that proposed By-law distributed separately and marked Schedule "B" be forwarded to Council for approval in principal and intent with the proviso that the By-law be prepared and formatted in a manner satisfactory to the Municipal Solicitor and the Manager of Purchasing ready for execution by the Mayor and Clerk. 4.0 INPUT FROM OUTHER SOURCES 4.1 A copy of all proposed amendments has been circulated to and discussed with all Department Heads. Attachments: Schedule "A ", Summary of Changes Schedule "B", Comparison of Current and Proposed By-law (distributed separately) Clam ~ Leading the Way ~~ SCHEDULE"A" Municipality of Clarington PURCHASING BY-LAW SUMMARY OF MAJOR CHANGES Definitions have been expanded: Reference: Pages 1-8. This includes defining the Department Heads separately and changing the definition of Designated Official to include the Purchasing Manager. 2. The Purchasing Manager's definition has been expanded -Reference: page 5 3. Council recess procedures have expanded to include elections. Reference: Page 9, Item 4 4. In house Bids has been expanded -Reference: Page 10, item 7 5. By-Law Review has been revised to add the word "approximately" -Reference: Page 10, item 8. 6. Rejection of Bids Section has been expanded to include arbitration, any association or union issues and for the provision of poor service ih the past. Reference: Page 10, Item 9. The dollar amount for issuing a purchase order has been increased from $750.00 to $1,000.00. -Reference: Page 13, item 12.01. See also Page 16, Item 15.04. 8. A clause has been added to the to deal with green procurement -Reference: Page 15, Item 15.02 9: The dollar amount for issuing a formal quotation (3 written) has been increased from $20,000.00 to $25,000.00. -Reference: Page 16, item 15.06 10. The dollar amount for issuing a tender has been increased from $50,000.00 to $100,000.00. -Reference: Page 17, item 15.08. 11. Provision has been made for the acquisition of repetitive services and supplies using a formal process with award on the basis of accepting low compliant bids. Any deviation from the accepted process would require a report to Council - Reference: Page 18, Item 15.09. ~1~ 12. Anew provision has been made for the award of contracts based on CAOs approval for tenders with a value from $100,000.00 to $250,000.00. Reference: Page 33, Item 24 b) 13. The dollar amount for obtaining Council approval to award a tender or Request for Proposal has been provided to take effect over the recommended CAO approval limit of $250,000.00 -Reference: Page 32, item 24. 14. Reference has been provided in the By-law to the Fair Wage Policy -Reference: Page 23, Item 15.16. 15. The section dealing with Withdrawn Bids has been expanded to deal with withdrawal of bids after deposit into the tender box -. Reference: Page 28, Item 21.03 16. The Bid Verification Process has been expanded to include all bid solicitations -. Reference: Page 30, Item 23.01. 17. Review of bid submissions has been expanded by adding areas where discretion is required on the acceptability of bids -Reference: Page 32, Item 23.04. 18. Disclosure of bid prices has been expanded to deal with bid prices for formal quotations and RFPs. Reference: Page 35, Item 29.03. 19. Provision has been made for the introduction of a Complaints and Bidders Protest process -Reference: Page 36, Item 30. 20. A section has been added to deal with the execution of operating agreements in keeping with existing policy -Reference: Page 37, Item 32. 21. Appendix "A" has been amended by adding several items where competitive bidding is not an option or is impractical. Page 38. ~2~ REPORT COD.045.10 ATTACHMENT - SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION Existing By-Law THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006-127 being a By-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington, and to repeal By-law No. 94-129. WHEREAS the purpose of this By-law is to provide authority and rules to conduct purchasing and disposal transactions to satisfy the needs of The Corporation of the Municipality of Clarington, The Corporation of the Municipality of Clarington hereby enacts as follows: 1. DEFINITIONS ACQuisition - means the process for obtaining Goods and/or Services for use whether on a permanent or on a temporary basis. Authorized Sianature - shall_mean the approval of a person who is authorized to approve purchase requisitions and invoices on behalf of the Corporation conforming to the limits of the signing authority for the Cost of the required Goods and/or Services as shown on the record maintained by the Treasurer. Page 1 of 39 Proposed Changes THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 201 O-XX being a By-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington, and to repeal By-law No. 2006-127. WHEREAS the purpose of this By-law is to provide authority and rules to conduct purchasing and disposal transactions to satisfy the needs of The Corporation of the Municipality of Clarington, AND WHEREAS fair and open competition is a basic tenet of public procurement; AND WHEREAS the Municipality of Clarington is committed to ensuring its procurement decisions are fair, open and transparent; AND WHEREAS the Municipality has a centralized purchasing function in the Corporate Services Department, responsible for acquisition of Goods and/or Services and disposal of surplus Municipal assets; The Corporation of the Municipality of Clarington hereby enacts as follows: 1. DEFINITIONS ACQuisition - means the process for obtaining Goods andlor Services for use whether on a permanent or on a temporary basis. Authorized Sianature - shall_mean the approval of a person in any department who is authorized to approve purchase requisitions and invoices on behalf of the Corporation conforming to the limits of the signing authority for the Cost of the required Goods and/or Services as shown on the record maintained by the Treasurer. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Bid - includes a Proposal, a Quotation or a Tender. Bidder - is the person who_responds to the Bid Solicitation and includes that person's heirs, executors, administrators, successors and assigns. Bid Solicitation - means a request by the Corporation for Bids for the provision of Goods and/or Services which may be made informally and verbally or in writing where the estimated Cost of the Goods and/or Services is Twenty Thousand ($20,000.00) Dollars or less, provided that where the estimated Cost of the Goods and/or Services is in excess of Twenty Thousand ($20,000.00) Dollars, the Bid Solicitation shall be made formally and in writing in the form of a Request for Quotation, Request for Tender or Request for Proposal. Chief Administrative Officer - means the Chief Administrative Officer of the Corporation appointed by Council. Clerk - means the Municipal Clerk of the Corporation appointed by Council. Committee - means the General Purpose and Administration Committee of Council. Contract - means a binding agreement between two or more parties one of whom is the Corporation. Consultina and Professional Services - shall mean services provided by architects, engineers, designers, environmental consultants, surveyors, management and financial consultants, brokers, soil consultants, real estate appraisers, Ontario land surveyors, and any other consulting and professional services not specifically otherwise noted. The term does not include any consulting and professional services referred to in Appendix "A" attached to and forming part of this By-law. Co-operative Purchasina - means the participation of the Corporation with one or more public agencies, school board, or hospital, in a Bid Solicitation. Corporation - means The Corporation of the Municipality of Clarington Page 2 of 39 Bid - includes a Proposal, a Quotation or a Tender. Bidder - is the person who responds to the Bid Solicitation and includes that person's heirs, executors, administrators, successors and assigns. Bid Solicitation - means a request by the Corporation for Bids for the provision of Goods and/or Services which may be made informally and verbally or in writing in accordance with the limits established in this by-law. Formal Bid Solicitation shall be made in writing in the form of a Request for Quotation, Request for Tender or Request for Proposal. Chief Administrative Officer - means the Chief Administrative Officer of the Corporation appointed by Councilor designate. Clerk - means the Municipal Clerk of the Corporation appointed by Councilor designate. Committee - means the General Purpose and Administration Committee of Council. Contract - means a binding agreement between two or more parties one of whom is the Corporation. Consultina and Professional Services - shall mean services provided by architects, engineers, designers, environmental consultants, surveyors, management and financial consultants, banking and audit services, brokers, soil consultants, real estate appraisers, Ontario land surveyors, web design and any other consulting and professional services not specifically otherwise noted. The term does not include any consulting and professional services referred to in Appendix "AI! attached to and forming part of this By-law. Co-operative Purchasina - means the participation of the Corporation with one or more public agencies, school board, or hosoital, in a Bid Solicitation. Corporation - means The Corporation of the Municipality of Clarinaton REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Cost - means the actual price of Acquisition, including all applicable custom duties and taxes other than Goods and Services Tax and Federal Sales Tax unless otherwise specified in the Request for Tender, Request for Proposal or Request for Quotation and freight charges, less term discounts. Council - means the Council of the Corporation. Departments - means the Departments of the Corporation which comprise the Finance/Treasury, Clerk's, Emergency and Fire Services, Community Services, Operations, Engineering Services, Corporate Services and Planning Services Departments. Desianated Official - means the head of each Department of the Corporation appointed by Council, or the person(s) shown on a record maintained by the Treasurer to be authorized or assigned by the head of a Department to administer the procedures and to exercise the powers set out in this By-law on behalf of the Corporation. Director of Corporate Services - means the Director of Corporate Services appointed by Council. Electronic Advertisina - means the use of a computer based system directly accessible by suppliers of Goods and/or Services irrespective of their location that provides suppliers with information related to Bid Solicitations. Emeraencv - means a situation or the threat of an impending situation determined by a head of a Department or a Designated Official of a Department to be one where the immediate lease or purchase of Goods and/or Services is essential to prevent serious delays, or damage to a basic service, or to maintain or restore a basic service provided by the Corporation. Page 3 of 39 Cost - means the actual price of Acquisition, including all applicable custom duties and taxes other than Goods and Services Tax and Federal Sales Tax unless otherwise specified in the Request for Tender, Request for Proposal or Request for Quotation and freight charges, less term discounts. Council - means the Council of the Corporation Departments - means the Departments of the Corporation identified on the annual organization charts and reflected in the prevailing budget. Department Head - means the Director of the Departments or designate. Desianated Official - Means the Manager of the Division or Branch within the Department of Corporate Services who, under the direction of the Department Head, is assigned the duties, powers and responsibilities relating to the Municipalities Centralized Purchasing Program as set out in this by-law, who may be referred to as Purchasing Manager. Director of Corporate Services - means the Director of Corporate Services appointed by Council. Dollar Limits (Threshold) - means the unit cost or aggregate cost of goods and or services as defined, net of tax rebates. Electronic Advertisina - means the use of a computer based system directly accessible by suppliers of Goods and/or Services irrespective of their location that provides suppliers with information related to Bid Solicitations. Emeraencv - means a situation or the threat of an impending situation determined by the Chief Administrative Officer and/or a head of a Department to be one where the immediate lease or purchase of Goods and/or Services is essential to prevent serious delays, or damage to a basic service, or to maintain or restore a basic service provided by the Corooration. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Goods and/or Services - means anyone or more of supplies, personal property, construction materials, construction services, insurance, employee benefits, construction, maintenance and service contracts. The term does not include Consulting and Professional Services, and the goods and services listed in Appendix "A" to this By-law. It also does not include the services provided pursuant to the TSH Agreement referred to in Appendix "A" to this By-law. In House Bid - means a Bid made by a Department or Local Union or Association authorized by the Chief Administrative Officer to make a Bid, submitted in response to a Bid Solicitation, where the provision of Goods and/or Services will be provided by the employees of the Corporation in competition with external entities for procurement opportunities. Instructions to Bidders - means the instructions given to prospective Bidders in a Bid Solicitation. Local Bid - shall mean a Bid submitted by a Bidder who operates a business within the Municipality of Clarington and which Bid is in accordance with all applicable provincial statues and regulations, regulations of Local Boards, and By-laws of the Cor oration. Local Boards - means any board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or u oses of a munici ali . Number - words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word inter reted in the sin ular number has a Page 4 of 39 Exoressions of Interest - "request for expression of interest" is a focused market research tool used to determine vendor interest in a proposed procurement. It may be issued simultaneously with a Request for Qualifications when the proposed procurement is well defined and the purchaser has clear expectations for the procurement. Goods and/or Services - means anyone or more of supplies, personal property, construction materials, construction services, insurance, employee benefits, construction, maintenance and service contracts or any other goods or services required and not excluded by Appendix '~ ". The term does not include Consulting and Professional Services, and the goods and services listed in Appendix "A" to this By-law. It also does not include the services provided pursuant to the AECOM Canada Ltd. Agreement referred to in Appendix "A" to this By-law. In House Bid - means a Bid made by a Department or Local Union or Association authorized by the Chief Administrative Officer to make a Bid, submitted in response to a Bid Solicitation, where the provision of Goods and/or Services will be provided by the employees of the Corporation in competition with external entities for procurement opportunities. Instructions to Bidders - means the instructions given to prospective Bidders in a Bid Solicitation. Local Bid - shall mean a Bid submitted by a Bidder who operates a business within the Municipality of Clarington and which Bid is in accordance with all applicable provincial statues and regulations, regulations of Local Boards, and By-laws of the Cor oration. Local Boards - means any board, commission, committee, body or local authority established or exercising, any power or authority under any general or special Act with respect to any of the affairs or ur oses of a munici ali . Number - words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the sin ular number has a corres ondin meanin REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION corresponding meaning when used in the plural. Person - means an individual, association, firm, partnership, corporation, trust, organization, trustee or agent, and their heirs, executors, administrators, successors and assigns. Personal Purchase - means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation, which is not required for the purposes of the Corporation but is for the benefit and use of the Person requesting the purchase. Preaualification - means a procedure whereby a prospective Bidder satisfies the Corporation that he or she is capable of supplying the Goods and/or Services in question as a condition of being allowed to submit a Tender or Proposal. Professional and Consultina Services - includes the services provided by: architects, brokers, and/or lawyers, and any other consulting and professional services rendered on behalf of the Corporation. Proposal - means an offer from a Bidder to provide Goods and/or Services, acceptance of which may be subject to further negotiation. It is the response submitted to a Request for Proposal. Purchase Order - means a written Contract to purchase Goods and/or Services, or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager. Purchasina Card - means a credit card issued by the Designated Official of the Corporate Services Department in accordance with the Purchasing Card Policy to Purchase Goods and/or Services. Purchasina Manaaer - means the Purchasing Manager of the Corporation or the Director of Corporate Services, or his designate appointed by Council. Page 5 of 39 when used in the plural. Person - means an individual, association, firm, partnership, corporation, union, trust, organization, trustee or agent, and their heirs, executors, administrators, successors and assigns. Personal Purchase - means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation, which is not required for the purposes of the Corporation but is for the benefit and use of the Person requesting the purchase. Preaualification - means a procedure whereby a prospective Bidder satisfies the Corporation that he or she is capable of supplying the Goods and/or Services in question as a condition of being allowed to submit a Tender or Proposal. Professional and Consultina Services - includes the services provided by: architects, brokers, and/or lawyers, and any other consulting and professional services rendered on behalf of the Corporation. Proposal - means an offer from a Bidder to provide Goods and/or Services, acceptance of which may be subject to further negotiation. It is the response submitted to a Request for Proposal. Purchase Order - means a written Contract to purchase Goods and/or Services, or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager. Purchasina Card - means a credit card issued by the Designated Official of the Corporate Services Department in accordance with the Purchasing Card Policy to Purchase Goods and/or Services. Purchasina Manaaer - means the Purchasing Manager, (also referred to as the Designated Official in this by-law) of the Corporation, or the Director of Corporate Services, or his designate and authorized to act as an agent of the Municipality in all matters pertaining to that function as set out in this by-law, and shall have the authority to approve administrative procedures, and standard practices and forms to imolement this bv-Iaw. The Purchasina Manaaer is REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Purchasina Procedures Manual - means the Purchasing Procedures Manual included in the Corporate Services Department Procedures Manual outlining all daily procedures related to the procurement of goods and services. Quotation - means an offer from a Bidder to sell Goo~s and/or Services to or to buy them from the Corporation at a specified rate or Cost. A Quotation may be made in response to a Request for Quotation, or otherwise. Record of Received and Opened Tenders- means the written record maintained by the Clerk on which when Bids are received and opened in response to a Request for Tender, the Clerk records the names of the Bidders and the amounts of the Bids. The record is signed by the Clerk or a designate and the Purchasing Manager or a designate. Reaional Bid - shall mean a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham. Page 6 of 39 authorized to issue Requests for Tenders, Proposals and Quotation documents, Requests for Pre- qualifications of Bidders, Requests for Information, Expressions of Interest and sign purchase orders, contracts and agreements as necessary in order to acquire goods and services in accordance with this By-law. The Purchasing Manager with the approval of the Department Head, may designate one or more persons within the Department of Corporate Services to act as his/her designate(s) for the purpose of issuing Request for Tenders, Proposals and Quotations, Request for Pre-qualifications, Requests for Information, Expressions of Interest documents and signing purchase orders, contracts or agreements in accordance with this by-law. Purchasina Procedures Manual - means the Purchasing Procedures Manual included in the Corporate Services Department Procedures Manual outlining all daily procedures related to the procurement of goods and services. Quotation - means an offer from a Bidder to buy from o(sell Goods and/or Services to the municipality. Record of Received and Opened Tenders - means the written record maintained by the Clerk on which when Bids are received and opened in response to a Request for Tender, the Clerk records the names of the Bidders and the amounts of the Bids. The record is signed by the Clerk or a designate and the Purchasing Manager or a designate. Similar records will be recorded and maintained within the Corporate Services Department for Formal Quotation, RFP and other relevant bid process. Reaional Bid - shall mean a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham Reauest for Information is used prior to issuing a tender call as a general market research tool to determine what products and services are available, scope out business requirements, and/or estimate project costs. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Reauest for Proposal - is a form of Bid Solicitation whereby the Corporation invites a certain individual(s) or an identified supplier to submit Proposals with respect to a particular project, or the supply of Goods and/or Services, which the Purchasing Manager in consultation with the Designated Official of the requesting Department deems to be appropriate because acceptance of any Bids resulting from the Request for Proposal may be dependent on non- price factors which may require negotiations between a Bidder and the Corporation before a Contract is made between them. Reauest for Quotation - is a form of Bid Solicitation whereby the Corporation requests Cost Quotations with respect to a particular project or the Acquisition of particular Goods and/or Services. In the case of a Bid Solicitation for the provision of Goods and/or Services with an estimated Cost of Twenty Thousand ($20,000.00) Dollars or less, the Bid Solicitation may be informal and made verbally or in writing. In the case of a Bid Solicitation for the provision of Goods and/or Services with an estimated Cost in excess of Twenty Thousand ($20,000.00) Dollars, the Bid Solicitation shall be formal and made in writing. Reauest for Tender - is a form of Bid Solicitation whereby the Corporation publishes the specifications, terms, conditions and any and all details concerning the proposed Contract, and advertises for, or invites prospective Bidders to submit sealed Bids in accordance with detailed published procedures. Responsive and Responsible Bidder - is a Person responding to a Bid Solicitation who complies with its provisions by being responsive to the specifications, and the contractual terms and conditions that are provided to him, and who can reasonably be expected to provide satisfactory performance of the proposed Contract based on his reputation, references, performance on previous contracts, and proof of sufficiency of financial and other resources. Senior Buver - shall mean the Senior Buyer of the Corporation appointed by Council. Page 7 of 39 Reauest for Proposal - is a form of Bid Solicitation whereby the Corporation invites a certain individual(s) or an identified supplier to submit Proposals with respect to a particular project, or the supply of Goods and/or Services, which the Purchasing Manager in consultation with the Department Head of the requesting Department deems to be appropriate because acceptance of any Bids resulting from the Request for Proposal may be dependent on non- price factors which may require negotiations between a Bidder and the Corporation before a Contract is made between them. Reauest for Quotation - is a form of Bid Solicitation whereby the Corporation requests Cost Quotations with respect to a particular project or the Acquisition of particular Goods and/or Services, within the limits established by this by-law. Reauest for Tender - is a form of Bid Solicitation whereby the Corporation publishes the specifications, terms, conditions and any and all details concerning the proposed Contract, and advertises for, or invites prospective Bidders to submit sealed Bids in accordance with detailed published procedures. Responsive and Responsible Bidder - is a Person responding to a Bid Solicitation who complies with its provisions by being responsive to the specifications, and the contractual terms and conditions that are provided to him, and who can reasonably be expected to provide satisfactory performance of the proposed Contract based on his reputation, references, performance on previous contracts, and proof of sufficiency of financial and other resources. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Tender - means an offer received from a Bidder of Goods and/or Services in response to a Request for Tender, the acceptance of which will result in the formation of a binding Contract between the Corporation and the Person submitting the Tender. Treasurer - means the Director of Finance/Treasurer appointed by Council. TSH Aareement - means the agreement between the Corporation and Totten Sims Hubicki Associates (1991) Limited dated September 1, 1993. 2. INTERPRETATION 2.1 Gender - Words imparting the male or female gender include other genders including the neutral gender, where the context so implies. 2.2 Number - Words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the singular number has a corresponding meaning when used in the plural. 3. PURPOSE, GOALS AND OBJECTIVES 3.01 The purpose, goals and objectives of the By- law and of each of the methods of procurement authorized are: a) To encourage competition among suppliers; Page 8 of 39 Tender - means an offer received from a Bidder of Goods and/or Services in response to a Request for Tender, the acceptance of which will result in the formation of a binding Contract between the Corporation and the Person submitting the Tender. Treasurer - means the Director of Finance/Treasurer appointed by Council. A ECOM Aareement - means the agreement between the Corporation and AECOM Canada Limited dated September 1, 2008. Unbalanced Bid - means a mathematically unbalanced bid is one containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs, which he/she anticipates for the performance of the items in question; and/or A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting the mathematically unbalanced bid will result in the lowest ultimate cost to the Municipality. Consequently, a materially unbalanced bid may be rejected. 2. INTERPRETATION 2.1 Gender - Words imparting the male or female gender include other genders including the neutral gender, where the context so implies. 2.2 Number - Words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the singular number has a corresponding meaning when used in the plural. 3. PURPOSE. GOALS AND OBJECTIVES 3.01 The purpose, goals and objectives of the By- law and of each of the methods of procurement authorized are: a) To encourage competition among suppliers; REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION b) To maximize savings for taxpayers; b) c) To procure the required quality and c) quantity of Goods and/or Services in the most efficient and cost effective manner possible in the circumstances; d) To ensure fairness among Bidders; and e) To ensure openness, accountability and transparency while protecting the financial best interests of the Corporation. 4. COUNCIL RECESS PROCEDURES Where a matter which would have otherwise been submitted to Council pursuant to this By-law, requires approval during any of Council's recesses, the Chief Administrative Officer, the Treasurer, the Director of Corporate Services or their designates or the Designated Officials for the relevant requesting Department in the absence of the above shall be authorized to award Contracts which are the result of a Request for Tender, where the recommended Bid is made by the lowest Responsive and Responsible Bid/Quotation or is a Proposal in response to a Request for Proposal where the recommended Proposal is that of the highest ranked scoring proponent, provided that the price does not exceed the approved budget allocation, and at least two of the above noted officials, one of whom must be the Chief Administrative Officer or his designate, have authorized the award. The Purchasing Manager will report all such awards following the specific recess period to a meeting as soon as possible of the Committee after the conclusion of the recess in question, and then to Council. Any exception to the above provisions of this paragraph requires the prior speCific written approval of the Treasurer. Page 9 of 39 To maximize savings for taxpayers; To procure the required quality and quantity of Goods and/or Services in the most efficient and cost effective manner possible in the circumstances; d) To ensure fairness among Bidders; and e) To ensure openness, accountability and transparency while protecting the financial best interests of the Corporation. 4. COUNCIL RECESS PROCEDURES Where a matter which would have otherwise been submitted to Council pursuant to this By- law, requires approval during any of Council's recesses including elections, the Chief Administrative Officer, the Treasurer, the Director of Corporate Services or their designates or the Department Heads for the relevant requesting Department in the absence of the above shall be authorized to award Contracts which are the result of a Request for Tender, where the recommended Bid is made by the lowest Responsive and Responsible Bid/Quotation or is a Proposal in response to a Request for Proposal where the recommended Proposal is that of the highest ranked scoring proponent, provided that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department, and at least two of the above noted officials, one of whom must be the Chief Administrative Officer or his designate, have authorized the award. The Purchasing Manager will report all such awards following the specific recess period to a meeting of the Committee as soon as possible after the conclusion of the recess in question, and/or then to Council. Any exception to the above provisions of this paragraph requires the prior specific written approval of the Treasurer. Council will not vary any action or decision of the contract awards made by the Chief Administrative Officer or the above process in such cases. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 10 of 39 5. PRE-QUALIFICATION PROCESS Subject to contrary direction by Council, where in the opinion of the Purchasing Manager, Prequalification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been prequalified pursuant to this By-law. 6. PURCHASING CARDS Purchasing Cards may be used for all purchases less than $750.00 or where the Goods and/or Services do not fall under the requirements of the By-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and the Director of Corporate Services and at the request of the Department Head. The Purchasing Manager is responsible for the program outlined in the Corporation's Purchasing Card Policy as approved by Council. 7. IN-HOUSE BIDS In House Bids may be used for the procurement of Goods and/or Services in circumstances where the Chief Administrative Officer considers it appropriate to do so. The Corporation does . not consider any comparison done by management of the Corporation for cost analysis purposes of internal and external services to be an in-house Bid. 8. BY-LAW REVIEW The Purchasing Manager in consultation with appropriate staff of the Corporation shall conduct a detailed review of the Purchasing By-law on an as required basis, but not later than five (5) years following the passing by Council of the current By-law. The Purchasing Manager shall recommend any revisions to Council for consideration. 9. REJECTION OF BIDS In a Request for Proposal, Request for Quotation and Reauest for Tender, the 5. PRE-QUALIFICATION PROCESS Subject to contrary direction by Council, where in the opinion of the Purchasing Manager, Prequalification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been prequalified and matches the tender requirements pursuant to this By-law. 6. PURCHASING/ CREDIT CARDS Purchasing Cards may be used for all purchases as defined in the Purchasing Card Policy where the Goods and/or Services do not fall under the requirements of the By-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and the Director of Corporate Services and at the request of the Department Head. The Purchasing Manager is responsible for the program outlined in the Corporation's Purchasing Card Program. 7. IN-HOUSE BIDS In House Bids may be used for the procurement of Goods and/or Services in circumstances where the Chief Administrative Officer considers it appropriate to do so. The Corporation does not consider any comparison done by management of the Corporation for cost analysis purposes of internal and external services to be an in- house Bid. In house bids may be made by an internal Union or Association and will be subject to the conditions of this by-law. 8. BY-LAW REVIEW The Purchasing Manager in consultation with appropriate staff of the Corporation shall conduct a detailed review of the Purchasing By-law on an as required basis, or approximately five (5) years following the passing by Council of the current By-law. The Purchasing Manager shall recommend any revisions to Council for consideration. 9. REJECTION OF BIDS In a Request for Proposal, Request for Quotation and Request for Tender, the REPORT COD-045-1 0 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Corporation shall reserve the right to reject a Bid from any Bidder based on the following considerations: . a Bidder or a subcontractor of a Bidder has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder; . a Bidder owes money including, but not limited to outstanding property taxes owed to the Corporation; and . a Bidder is not in compliance with the Corporation's Corporate Policies and by-laws including Property Standards By-law. 1 O. NEGOTIATIONS 10.01 Alternative to Bid Solicitation - In place of a Bid Solicitation, purchase by negotiation, except as otherwise provided in a Request for Tender, Request for Proposal or Request for Quotation in which case in accordance with the Request for Tender, Request for Proposal or Request for Quotation may be undertaken by the Corporation when, in the judgement of the Designated Official of the requesting Department and the Purchasing Manager, any of the following conditions apply: (a) when, due to market conditions, Goods and/or Services are in short supply; (b) where the sources of supply of Goods and/or Services are restricted to the extent that there is not effective price competition, and consideration of substitutes is precluded due to any of the following: (i) the purchase involves a type of Goods and/or Services for which there is no reasonable substitute or Page 11 of 39 Corporation shall reserve the right to reject a Bid from any Bidder based on the following considerations: . a Bidder or a subcontractor of a Bidder has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder including Arbitration or any Association or Union issues; . a Bidder owes money including, but not limited to outstanding property taxes owed to the Corporation; and . a Bidder is not in compliance with the Corporation's Corporate Policies and by- laws including Property Standards By-law. . A bidder has provided unsatisfactory products and/or services to the Municipality and subsequently had an agreement or service contract cancelled or terminated. 10. NEGOTIATIONS 10.1 Alternative to Bid Solicitation - In place of a Bid Solicitation, purchase by negotiation, except as otherwise provided in a Request for Tender, Request for Proposal or Request for Quotation in which case in accordance with the Request for Tender, Request for Proposal or Request for Quotation may be undertaken by the Corporation when, in the judgement of the Department Head of the requesting Department and the Purchasing Manager, any of the following conditions apply: (a) when, due to market conditions, Goods and/or Services are in short supply; (b) where the sources of supply of Goods and/or Services are restricted to the extent that there is not effective price competition, and consideration of substitutes is precluded due to any of the following: (i) the purchase involves a type of Goods and/or Services for which there is no reasonable substitute or competitive product; REPORT COD-045-10 ATTACHMENT. SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 12 of 39 competitive product; (ii) the purchase involves a component or replacement part for which there is no substitute; (iii) the purchase involves a type of Goods and/or Service for which compatibility with an existing product is the overriding consideration; (iv) the purchase involves Goods and/or Services only in accordance with standards adopted by Council which are not incorporated in this By-law; or (v) in other situations specifically authorized by Council; (ii) the purchase involves a component or replacement part for which there is no substitute; (iii) the purchase involves a type of Goods and/or Service for which compatibility with an existing product is the overriding consideration; (iv) the purchase involves Goods and/or Services only in accordance with standards adopted by Council which are not incorporated in this By-law; or (v) in other situations specifically authorized by Council; (c) where the Bid, Quotation or Proposal from the lowest Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or a Request for Quotation substantially exceeds the Corporation's estimated cost of the Goods and/or Services; (d) when no Bid, Quotation or Proposal from a Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or Request for Quotation is received and it is impractical to issue a further Request for Tender, Request for Quotations or Request for Proposal; (e) when the extension or reinstatement of an existing Contract would prove most cost-effective or beneficial to the Corporation; (f) when the terms and conditions of a Proposal provide for negotiation with the selected proponent of any minor changes to the Proposal received; or (g) consulting services referred to in paragraph 15.15(a). (c) where the Bid, Quotation or Proposal from the lowest Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or a Request for Quotation substantially exceeds the Corporation's estimated cost of the Goods and/or Services; (d) when no Bid, Quotation or Proposal from a Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or Request for Quotation is received and it is impractical to issue a further Request for Tender, Request for Quotations or Request for Proposal; (e) when the extension or reinstatement of an existing Contract would prove most cost- effective or beneficial to the Corporation; (f) when the terms and conditions of a Proposal provide for negotiation with the selected proponent of any minor changes to the Proposal received; or (g) consulting services referred to in paragraph 15.15(a) of this by-law. 10.02 Neootiations Provided for in Tender Documents - In the case of a Request for Tender for a construction project, negotiations shall be conducted in accordance with the C.C.D.C. Document 23 published by the Canadian Construction Association where expressly required by the provisions of a Request for 10.2 Neootiations Provided for in Tender Documents -In the case of a Request for Tender for a construction project, negotiations shall be conducted in accordance with the Canadian Construction Documents Committee (C.CD.C.) Document 23 published by the Canadian Construction Association where expressly required by the orovisions of a Request for Tender. REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Tender. 11. PURCHASE BY NEGOTIATION When any of the conditions in section 10.01(a) to (g) apply, the Purchasing Manager may, in consultation with Designated Official of the Department which requests the Acquisition, negotiate, make, extend or reinstate a Contract for the supply of Goods and/or Services. In the event that the Cost of such Contract, extension or reinstatement exceeds Seventy-Five Thousand ($75,000.00) Dollars, the Purchasing Manager in consultation with the initiating Designated Official, shall prepare a report and recommendation to an appropriate meeting of Committee and Council for approval before a Contract is made with the Corporation. 12. PURCHASE REQUISITIONS 12.01 Each Designated Official of a Department shall submit to the Purchasing Manager a written request in the form of an "electronic purchase requisition" for the requirements of such Designated Official's Department for all Goods and/or Services. The assurance of the allocation of funds in the approved budget and the provision of the appropriate accounting charge number shall be the responsibility of the Designated Official of the particular Department which has requested the Acquisition of the Goods and/or Services in question. 12.02 All electronic purchase requisitions submitted shall also bear an Authorized Signature conforming to the limits of the signing authority for the Cost of the required Goods and/or Services. 13. REQUESTS FOR PRODUCT INFORMATION Requests on behalf of the Corporation may be made by Designated Officials for product and technical information, cataloaues and Page 13 of 39 11. PURCHASE BY NEGOTIATION When any of the conditions in section 10.Q1(a) to (g) of this by-law apply, the Purchasing Manager may, in consultation with Department Head of the Department which requests the Acquisition, negotiate, make, extend or reinstate a Contract for the supply of Goods and/or Services. In the event that the Cost of such Contract, extension or reinstatement exceeds the limits set out in this by-law for reports to Council, the Purchasing Manager in consultation with the initiating Department Head, shall prepare a report and recommendation to an appropriate meeting of Committee and Council for approval before a Contract is made with the Corporation. 12. PURCHASE REQUISITIONS 12.01 Each Department Head of a Department shall submit to the Purchasing Manager a written request in the form of an "electronic purchase requisition" for the requirements of such Department Heads Department for all Goods and/or Services and Consulting and Professional Services where the cost of such Goods and Services and Consulting and Professional Services exceeds One- Thousand Dollars ($1,000.00). The assurance of the allocation of funds in the approved budget and the provision of the appropriate accounting charge number shall be the responsibility of the Department Head of the particular Department which has requested the Acquisition of the Goods and/or Services in question. 12.02 All electronic purchase requisitions submitted shall be approved by Authorized Signatory conforming to the limits of the signing authority for the Cost of the required Goods and/or Services. 13. REQUESTS FOR PRODUCT INFORMATION Requests on behalf of the Corporation may be made by Department Heads for informal non- binding product and technical information, REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION price lists for Goods and/or Services. Each Designated Official will provide the Purchasing Manager with such data, specification details and information relating to the procurement of Goods and/or Services, including the Corporation's approved budget prices. The Purchasing Manager shall obtain all firm and/or estimated prices provided by Bidders. 14. DISPOSAL OF GOODS The disposal of surplus or redundant goods and materials of the Corporation shall be the responsibility of the Purchasing Manager unless otherwise directed by Council. At least once each calendar year, the head or Designated Official of each Department shall provide the Purchasing Manager with that Department's list of surplus or redundant goods and materials. The Purchasing Manager is authorized to determine the appropriate method of disposal of surplus or redundant goods and materials in the particular circumstances. Without limiting the generality of the foregoing, appropriate methods of disposal that may be selected by the Purchasing Manager include but are not limited to sale, Request for Tender, Request for Proposal, auction, gratuitous transfer to a Department, Local Board, other municipality or a charity, or by sale to the Corporation's staff by sealed Bid. The Purchasing Manager in his discretion may periodically circulate a list of surplus or redundant goods and materials to all Departments and Local Boards where appropriate. 15. PURCHASING PROCEDURES 15.01 Local Preference - If in the determination of the Purchasing Manager, a competitive market exists and two or more Bids are received which are identical in Cost, provided quality, service and delivery terms are similar, then priority of acceptance shall be first to a Local Bid, if any, and second to a Regional Bid, if any. In all other cases, the lowest Bid submitted by the Responsive and Responsible Bidder shall be accepted. Page 14 of 39 catalogues and price lists for Goods and/or Services. Each Department Head will provide the Purchasing Manager with such data, specification details and information relating to the procurement of Goods and/or Services, including the Corporation's approved budget prices. The Purchasing Manager shall obtain all binding/firm and/or estimated prices provided by Bidders. 14. DISPOSAL OF GOODS The disposal of surplus or redundant goods and materials of the Corporation shall be the responsibility of the Purchasing Manager unless otherwise directed by Council. At least once each calendar year, the head or Department Head of each Department shall provide the Purchasing Manager with that Department's list of surplus or redundant goods and materials. The Purchasing Manager is authorized to determine the appropriate method of disposal of surplus or redundant goods and materials in the particular circumstances. Without limiting the generality of the foregoing, appropriate methods of disposal that may be selected by the Purchasing Manager include but are not limited to sale, Request for Tender, Request for Proposal, auction, gratuitous transfer to a Department, Local Board, other municipality or a charity, or by sale to the Corporation's staff by sealed Bid. The Purchasing Manager in his discretion may periodically circulate a list of surplus or redundant goods and materials to all Departments and Local Boards where appropriate. 15. PURCHASING PROCEDURES 15.01 Local Preference - If in the determination of the Purchasing Manager, a competitive market exists and two or more Bids are received which are identical in Cost, provided quality, service and delivery terms are similar, then priority of acceptance shall be first to a Local Bid, if any, and second to a Regional Bid, if any. In all other cases, the lowest Bid submitted by the Responsive and Responsible Bidder shall be accepted. REPORT COD-045-10 ATTACHMENT. SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION The Province of Ontario's Discriminatory Business Practices Act (R.S.O. 1990) has been established to prevent discrimination in Ontario on the grounds of race, creed, colour, nationality, arresting, place of origin, sex, or geographical location of persons employed in engaging in business. Therefore, other than noted above, preference to a Local Bid or a Regional Bid for the supply of Goods and/or Services to the Corporation shall not be given. 15.02 Purchase of Goods and/or Services - The following provisions shall apply to the purchase of Goods and/or Services: Subject to any direction that may be given from time to time by Council, the Purchasing Manager shall determin~ the method of Requisition of Goods and/or Services, having regard to the nature, importance or urgency associated with the purchase requisition, subject to the general trade practice, market conditions and the provisions of this By-law. The Purchasing Manager, at his discretion, may make Contracts with vendors in the form of: a) term orders; b) standing offer agreements; c) Contract orders; d) service agreement orders; e) systems contracts; f) lease or rental aoreements; Page 15 of 39 The Province of Ontario's Discriminatory Business Practices Act (R.S.O. 1990) has been established to prevent discrimination in Ontario on the grounds of race, creed, colour, nationality, ancestry, place of origin, sex, or geographical location of persons employed in or engaging in business. Therefore, other than noted above, preference to a Local Bid or a Regional Bid for the supply of Goods and/or Services to the Corporation shall not be given. 15.02 In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, acquisitions of goods and services will ensure that, wherever reasonably possible, specifications are amended to provide for expanded use of durable products, reusable products and products (including those used in services) that contain the maximum level of post- consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are made available at competitive prices. 15.03 Purchase of Goods and/or Services - The following provisions shall apply to the purchase of Goods and/or Services: Subject to any direction that may be given from time to time by Council, the Purchasing Manager shall determine the method of Requisition of Goods and/or Services, having regard to the nature, importance or urgency associated with the purchase requisition, subject to the general trade practice, market conditions and the provisions of this By-law. The Purchasing Manager, at his discretion, may make Contracts with vendors in the form of: a) term orders; b) standing offer agreements; c) Contract orders; d) service agreement orders; e) svstems contracts; REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION provided, however, that for individual transactions, the Cost will not exceed either the approved budgetary allocation, or the financial limits established by this By-law. 15.03 Purchase Order - The Acquisition of Goods and/or Services which Cost more than Seven Hundred and Fifty ($750.00) Dollars shall be pursuant to a Purchase Order issued by the Purchasing Manager or the Senior Buyer. 15.04 INFORMAL REQUEST FOR QUOTATION Purchase of Goods areater than Seven Hundred ($750.00) Dollars. but less than Twentv Thousand ($20.000.00) Dollars - Subject to paragraph 15.01, the Purchasing Manager is authorized to make Acquisitions of Goods and/or Services which Cost between Seven Hundred and Fifty ($750.00) Dollars and Twenty Thousand ($20.000.00) Dollars at the lowest available Cost, if (a) a minimum of three separate proposed Costs have been received by the Purchasing Manager. or if (b) three separate proposed Costs, in the opinion of the Purchasing Manager, cannot be obtained as a practical matter having regard to the urgency of the purchase requisition and/or availability of the Goods and/or Services in the marketplace, then such lesser number of proposed Costs as in the opinion of the Purchasing Manager could be obtained, in fact have been obtained, before the Acquisition of the Goods and/or Services in question is completed. 15.05 FORMAL REQUEST FOR QUOTATION Purchasina of Goods Greater than Twentv Thousand ($20.000.00) Dollars. but less than Fiftv Thousand ($50.000.00) Dollars - Subject to compliance with paragraph 15.06, the Purchasing Manager shall be authorized to make Acquisitions of Goods and/or Services which Cost between Twenty Thousand ($20,000.00) Dollars and Fifty Thousand ($50,000.00) Dollars at the Page 16 of 39 f) lease or rental agreements; provided, however, that for individual transactions, the Cost will not exceed either the approved budgetary allocation (and/or provisions of Finance Policy on project over expenditures), or the financial limits established by this By-law. 15.04 Purchase Order - The Acquisition of Goods and/or Services which Cost more than One Thousand ($1,000.00) Dollars shall be pursuant to a Purchase Order issued by the Purchasing Manager or his designate. 15.05 INFORMAL REQUEST FOR QUOTATION Purchase of Goods areater than One Thousand ($1.000.00) Dollars. but less than Twentv-Five Thousand ($25,000.00) Dollars- Subject to paragraph 15.01, the Purchasing Manager is authorized to make Acquisitions of Goods and/or Services which Cost between One Thousand ($1,000.00) Dollars and Twenty-Five Thousand ($25,000.00) Dollars at the lowest available Cost, if (a) a minimum of three separate proposed Costs have been received by the Purchasing Manager, or if (b) three separate proposed Costs, in the opinion of the Purchasing Manager, cannot be obtained as a practical matter having regard to the urgency of the purchase requisition and/or availability of the Goods and/or Services in the marketplace, then such lesser number of proposed Costs as in the opinion of the Purchasing Manager could be obtained, in fact have been obtained, before the Acquisition of the Goods and/or Services in question is completed. 15.06 FORMAL REQUEST FOR QUOTATION Purchasina of Goods Greater than Twentv- Five Thousand ($25.000.00) Dollars. but less than One Hundred Thousand ($100.000.00) Dollars - Subject to compliance with paragraph 15.06, the Purchasing Manager shall be authorized to make Acquisitions of Goods and/or Services which Cost between Twenty-Five Thousand ($25,000.00) Dollars and One Hundred Thousand ($100,000.00) REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION lowest available Cost, provided that: a) at least three formal, written Quotations of Costs are received or clause 15.04(b) is satisfied; b) the lowest Responsive and Responsible Bid received is accepted; and c) documents for all Quotations received are retained for inspection by the Treasurer or appropriate officials of the FinancefTreasury Department for audit purposes. 15.06 Reports to DesiQnated Official. Committee or Council - The Purchasing Manager shall submit a report to the appropriate Designated Official providing a list of written Quotations received with recommendations for award. The Acquisition of Goods and/or Services in this situation will be subject to the Designated Official of the requesting Department's approval. Where the Bid made by the lowest Responsive and Responsible Bidder is not accepted, or where the lowest Responsive and Responsible Bid exceeds the approved budget allocation, the Purchasing Manager shall, in consultation with the appropriate Designated Official of the requesting Department, submit a report to the Committee and/or Council providing a list of written Quotations received with recommendations for award of the Contract. The purchase of Goods and/or Services in this situation shall be subject to the Committee's and/or Council's approval. 15.07 REQUEST FOR TENDER REQUIRED - All purchases not otherwise identified in this By-law which have a Cost in excess of Fifty Thousand ($50,000.00) Dollars shall be made through Request for Tender, unless otherwise directed by Council. Page 17 of 39 Dollars at the lowest available Cost, provided that: a) at least three formal, written Quotations of Costs are received or clause 15.04(b) is satisfied; b) the lowest Responsive and Responsible Bid received is accepted; and c) documents for all Quotations received are retained for inspection by the Treasurer or appropriate officials of the FinancefTreasury Department for audit purposes. 15.07 Reports to Deoartment Head. Committee or Council - The Purchasing Manager shall submit to the appropriate Department Head an analysis listing written Quotations received with recommendations for award. The Acquisition of Goods and/or Services in this situation will be subject to the Department Head of the requesting Department's approval. Where the Bid made by the lowest Responsive and Responsible Bidder is not accepted, or where the lowest Responsive and Responsible Bid exceeds the approved budget allocation or the acceptable over expenditure per Finance Policy, the Purchasing Manager shall, in consultation with the appropriate Department Head of the requesting Department, submit a report to the. Committee and/or Council providing a list of written Quotations received with recommendations for award of the Contract. The purchase of Goods and/or Services in this situation shall be subject to the Committee's and/or Council's approval. 15.08 REQUEST FOR TENDER REQUIRED - All purchases not otherwise identified in this By- law which have a Cost in excess of One Hundred Thousand ($100,000.00) Dollars shall be made through Request for Tender, unless otherwise directed by Council. At the discretion of the Designated Official, in consultation with the Department Head, if it is deemed advantages, due to short supply or time constraints, ore-bids for major REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 15.08 Emerqencv Purchase Order - Under the direction of the Purchasing Manager, a person authorized to make purchases by Purchase Order on behalf of the Operations Department and Emergency and Fire Services Department, may issue an Emergency Purchase Order for vehicle parts necessary to maintain the Corporation's vehicles, subject to the following: a) that the Cost of the Goods and/or Services referred to in each separate order shall not exceed Five Thousand ($5,000.00) Dollars 15.09 Purchase Order Not to be Split - Purchase Orders shall not be split so as to circumvent the established method of purchase and the dollar limits imposed by this By-law. 15.10 Disclosure - Subject to the provisions of The Municipal Freedom of Information and Protection of Privacv Act, RS.O. 1990, Page 18 of 39 components of a project may be obtained in accordance with this By-law. 15.09 Reoetitive Purchases: Notwithstanding Paragraph 15.01 to 15.07, where Purchases are of Goods and/or Services which, in the opinion of the Designated Official, in consultation with the initiating Department Head, are of a routine and repetitive nature, and will cost more than an aggregate of $100,000.00 annually including multi-year contracts at $100,000.00 each year, the Designated Official shall obtain at least three (3) written Bids from suppliers and shall issue a Purchase Order for such Goods and/or Services in accordance with this By-law. Where market conditions are such that price protection cannot be obtained for Goods and/or Services having an annual total value in excess of $100,000.00, the Designated Official shall obtain competitive prices for short term commitments until such time as reasonable price protection and fair market oricina are restored. 15.10 Emerqencv Purchase Order - Under the direction of the Purchasing Manager, a person authorized to make purchases by Purchase Order on behalf of the Operations Department and Emergency and Fire Services Department, may issue an Emergency Purchase Order for vehicle parts necessary to maintain the Corporation's vehicles, subject to the following: a) that the Cost of the Goods and/or Services referred to in each separate order shall not exceed Seven Thousand Five Hundred ($7,500.00) Dollars Moved to section 29 Moved to Section 29 REPORT COD-045-10 ATTACHMENT - SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION Chapter M.56, no Corporation employee nor any member of Council shall provide the Cost Bid for any Goods and/or Services except: (a) in the case of Requests for Tender the total Bid amount; and (b) in the case of sealed Bid submitted in response to a Request for Proposal or a formal Request for Quotation in writing, the total Bid amount shall be provided on request of any person. Notwithstanding this paragraph 15.10, except as otherwise provided in the Municipal Freedom of Information and Protection of Privacy Act all Costs recorded during the opening of Tenders, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the Municipal Act. RS.O., 1990, Chapter MA5. 15.11 Emeroency Purchase - Notwithstanding the provisions of this By-law, the Acquisition of Goods and/or Services in an Emergency may be made by the Purchasing Manager or Senior Buyer. In all such cases, a report shall be filed jointly by the Designated Official of the requesting Department and the Purchasing Manager to the Committee and/or Council, should the Cost of the Acquisition exceeds either the limits established by this By-law for the Acquisition of Goods and/or Services without a Bid Solicitation, or exceeds the Corporation's approved budget allocation for such Acquisition. In the absence of the Purchasing Manager or Senior Buyer, purchases for Emergency purposes may be made by a Designated Official provided that such Acquisitions are confirmed by a Purchase Order issued by the Purchasing Manager, as soon as possible thereafter. 15.12 Co-operative Purchasino - Notwithstanding the provisions of paragraphs 2 to 23, inclusive, of this By-law, Co-ooerative Page 19 of 39 15.11 Emeraencv Purchase - Notwithstanding the provisions of this By-law, the Acquisition of Goods and/or Services in an Emergency, as defined in this by-law, may be made by the Purchasing Manager or. Senior Buyer. In all such cases, a report shall be filed jointly by the Department Head of the requesting Department and the Purchasing Manager to the Committee and/or Council, should the Cost of the Acquisition exceeds either the limits established by this By-law for the Acquisition of Goods and/or Services without a Bid Solicitation, or exceeds the Corporation's approved budget allocation for such Acquisition. In the absence of the Purchasing Manager or Senior Buyer, purchases for Emergency purposes may be made by a Department Head provided that such Acquisitions are confirmed by a Purchase Order issued by the Purchasing Manager, as soon as possible thereafter. 15.12 Co-operative Purchasino - Notwithstanding the provisions of this By-law, Co-operative Purchasing with other municipalities, school REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 20 of 39 Purchasing with other municipalities, school boards, hospitals, or other public agencies shall be utilized, when advantageous and practical. The purchasing by-law and tendering practices of the municipality, school board, hospital or other public agency issuing such T ender( s) shall take precedence over the provisions of this By-law with respect to requesting, receiving and opening of the Tenders. Subsequent to the award of the Contract, paragraphs 24 and 26 of this By- law shall apply. 15.13 Requests for Proposal- Where it has been determined that Requests for Proposal are to be used, the Purchasing Manager shall be authorized to make purchases using the Requests for Proposal for purchases at a Cost which exceeds Fifty Thousand ($75,000.00) Dollars, provided that wherever possible three written Proposals are received, and in consultation with the Designated Official, a report is submitted to the Committee and/or Council providing a list of Proposal amounts received with recommendations for award. The purchase of Goods and/or Services in this manner will be subject to Committee and/or Council approval. Purchase of Goods and/or Services may be made through the use of Requests for Proposal to obtain unique Proposals designed in order to meet broad outcomes to a complex problem or need for which there is no clear or single solution. It is the Corporation's policy generally, to select the Proposal that earns the highest ranked scoring and meets the requirements specified based on qualitative, technical and pricing considerations. boards, hospitals, or other public agencies shall be utilized, when advantageous and practical. The purchasing by-law and tendering practices of the municipality, school board, hospital or other public agency issuing such Tender(s) shall take precedence over the provisions of this By-law with respect to requesting, receiving and opening of the Tenders. Subsequent to the award of the Contract, applicable paragraphs of this By-law shall apply. 15.13 Requests for Proposal - Where it has been determined that Requests for Proposal are to be used, the Purchasing Manager shall be authorized to make purchases using the Requests for Proposal for purchases in accordance with dollar limits and reporting requirements established herein provided that wherever possible three written Proposals are received. Purchase of Goods and/or Services may be made through the use of Requests for Proposal to obtain unique Proposals designed in order to meet broad outcomes to a complex problem or need for which there is no clear or single solution. It is the Corporation's policy generally, to select the Proposal that earns the highest ranked scoring and meets the requirements specified based on qualitative, technical and pricing considerations. When appropriate, Requests for Proposal shall be called by public advertisement and/or invitation to specific proponents. When appropriate, Requests for Proposal shall be called by public advertisement and/or invitation to specific proponents. Request for Proposal must be submitted in the prescribed form and delivered to the Purchasing Manager's Office prior to the closing time and date established for the submission of Proposals. All Proposals received after the closing time and date shall be rejected. Request for Proposal must be submitted in the prescribed form and delivered to the Purchasing Manager's Office prior to the closing time and date established for the submission of Proposals. All Proposals received after the closing time and date shall be rejected. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 15.14 Consultino and Professional Services - Where it is estimated that Consulting and Professional Services will cost less than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the requesting Department may obtain the services on behalf of the Corporation, provided that if the requested consulting services are engineering or related services referred to in the TSH Agreement, the Director of Engineering Services shall be consulted before the services are purchased. Where it is estimated that Consulting and Professional Services will Cost more than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the Purchasing Manager shall issue a Request for Proposal and in consultation with the Designated Official of the requesting Department, shall submit a report to Committee and/or Council providing a list of Bid amounts received with recommendations for award. The purchase of Goods and/or Services in this situation will be subject to Committee and/or Council approval. Contracts for Consulting and Professional Services at a Cost in excess of Thirty Thousand ($30,000.00) Dollars may be made either by a formal agreement signed by the Mayor and Clerk for the Corporation or by a Purchase Order issued by the Purchasing Manager as is determined by the Purchasing Manager to be appropriate in the circumstances. 15.15 Exceptions for Consultino and Professional Services (a) Where the requesting Department is the Engineering Department and the Consulting and Professional Services are for the construction and/or reconstruction of roads, sanitary sewers and/or Ontario Municipal Board hearing representation, a Request for Proposal is not required and the Contract may be approved on behalf of the Corporation by the Director Page 21 of 39 15.14 Consultino and Professional Services - Where it is estimated that Consulting and Professional Services will cost less than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the requesting Department may obtain the services on behalf of the Corporation, provided that if the requested consulting services are engineering or related services referred to in the AECOM Agreement, the Director of Engineering Services shall be consulted before the services are purchased. Where it is estimated that Consulting and Professional Services will Cost more than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the Purchasing Manager shall issue a Request for Proposal and in consultation with the Department Head of the requesting Department, shall submit a report to Committee and/or Council providing a list of Bid amounts received with recommendations for award. The purchase of Goods and/or Services in this situation will be subject to Committee and/or Council approval. Contracts for Consulting and Professional Services at a Cost in excess of Thirty Thousand ($30,000.00) Dollars may be made either by a formal agreement signed by the Mayor and Clerk for the Corporation or by a Purchase Order issued by the Purchasing Manager as is determined by the Purchasing Manager to be appropriate in the circumstances. 15.15 Exceptions for Consultino and Professional Services (a) Where the requesting Department is the Engineering Department and the Consulting and Professional Services are for the construction and/or reconstruction of roads, sanitary sewers and/or Ontario Municipal Board hearing representation, a Request for Proposal is not required and the Contract may be approved on behalf of the Corporation by the Director i i REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" Page 22 of 39 EXISTING AND PROPOSED BY-LAW COMPARISION of Engineering Services provided that it is of Engineering Services provided that it is based on an authorization approved by based on an authorization approved by Council to acquire such Consulting and Council to acquire such Consulting and Professional Services. Where the Professional Services. Where the Contract Cost exceeds Thirty Thousand Contract Cost exceeds Thirty Thousand ($30,000.00) Dollars a by-law authorizing ($30,000.00) Dollars a by-law authorizing the Mayor and Clerk to execute the the Mayor and Clerk to execute the Contract on behalf of the Corporation is Contract on behalf of the Corporation is required. required. (b) Where the requesting Department is the (b) Where the requesting Department is the Planning Services Department and the Planning Services Department and the Consulting and Professional Services are Consulting and Professional Services are for the purpose of the preparation of an for the purpose of the preparation of an Environmental Study as referred to in Environmental Study as referred to in PD-163-96Report PD- 96, a Request for PD-163-96 Report PD= i-96, a Request for Proposal will be issued on an as-needed Proposal will be issued on an as-needed basis and a subsequent roster of basis and a subsequent roster of consultants as approved by Council will consultants as approved by Council will be issued. Individual contracts for such be issued. Individual contracts for such Consulting and Professional services Consulting and Professional services may then be approved by the Director of may then be approved by the Director of Planning Services. Planning Services. Any consultant authorized to issue a Bid Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation Solicitation on behalf of the Corporation shall comply with this By-law. shall comply with this By-law. 15.16 Personal Purchases- No personal purchases Moved to Section 29 of Goods and/or Services shall be made by the Corporation for Members of Council, or any appointed member of a Local Board of the Corporation, or for employees of the Corporation, unless specifically authorized by Council. 15.17 Conflict of Interest- In order to avoid any Moved to Section 29 person from having an unfair advantage in making a Bid and to ensure the Bid process is open and transparent with no one Bidder having confidential information that other Bidders do not have, a) no employee of the Corporation or Moved to section 29 Member of Council shall Bid on the sale of Goods and/or Services except those disposed of by public auction, unless explicitly approved by the Chief Administrative Officer, and REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION b) no Member of Councilor employee of the Corporation shall sell Goods and/or Services to the Corporation or have a direct or indirect interest in a company or own a company which sells Goods and/or Services to the Corporation. An external consultant, who has entered into a Contract with the Corporation for the provision of consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from soliciting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest will be determined by the Purchasing Manager in consultation with the Designated Officer of the requesting Department. For clarity, this paragraph does not take precedence over or derogate from the Corporation's Code of Ethics as approved by Council. 16. TENDERING PROCEDURES The following procedures shall apply to the purchase by Tender of Goods and/or Page 23 of 39 Moved to Section 29 An external consultant, who has entered into a Contract with the Corporation for the provision of consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from soliciting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest will be determined by the Purchasing Manager in consultation with the Designated Officer of the requesting Department. This section does not apply where a consultant has been requested to provide a budget estimate or general review and estimate for a potential project or a future proposed service. For clarity, this paragraph does not take precedence over or derogate from the Corporation's Code of Ethics as approved by Council. 15.16 FAIR WAGE POLICY The Municipality has implemented a Fair Wage Policy on a trial basis applicable to Construction Contracts for industrial, Commercial and Institutional (lCI) contract s with a value greater than $1,000,000.00. Tenders for applicable construction shall be called in accordance with the policy as amended from time to time and the resulting contract shall be governed accordingly. In the event contractors fail to adhere to the policy the remedies specified in the policy will be applied. 15.17 As appropriate, staff are authorized to proceed with pre-budget approval each January for the purchase of all light duty vehicles budgeted in that year, with the final award being subject to the provision of this by- law. 16. TENDERING PROCEDURES The following procedures shall apply to the purchase by Tender of Goods and/or Services REPORT COD.045.10 ATTACHMENT. SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Services of an estimated Cost in excess of Fifty Thousand ($50,000.00) Dollars. 16.01 Advertisina - All Requests for Tenders shall be made by Electronic Advertisement deemed by the Purchasing Manager to be appropriate in the circumstances, unless otherwise directed by the Committee and/or by Council. Other advertising methods such as in periodicals or newspapers may be used as deemed appropriate by the Purchasing Manager. 16.02 Tender Closina Time - All Tender closing times shall be established by the Purchasing Manager or his designate. 16.03 Release of Information to Bidders - The Purchasing Manager or his designate shall supply the following materials to all prospective Bidders: a) one copy of the official Tender form relating to the Request for Tender; b) one standard Tender envelope or label appropriately Imprinted; c) Tender information including plans, specifications, profiles and other relevant information; and d) where a fee is required for the Tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque unless otherwise directed in the Request for Tender. 16.04 Recordina and Control of Tender Material All names, addresses including e-mail addresses and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 16.03 shall be recorded when Requests for Tenders are issued in order to facilitate distribution of addenda when necessary or to extend or cancel a Tender under call. 17. CHANGES TO TENDERS UNDER CALL 17.01 Preparation of Addendum - Interpretation or qualifications of a Tender document shall be made in the form of a written addendum. Addenda shall be necessary to revise, Page 24 of 39 of an estimated Cost in excess of One Hundred Thousand ($100,000.00) Dollars. 16.01 Advertisina - All Requests for Tenders shall be made by Electronic Advertisement deemed by the Purchasing Manager to be appropriate in the circumstances, unless otherwise directed by the Committee and/or by Council. Other advertising methods such as in periodicals or newspapers may be used as deemed appropriate by the Purchasing Manager. 16.02 Tender Closina Time - All Tender closing times shall be established by the Purchasing Manager or his designate. 16.03 Release of Information to Bidders - The Purchasing Manager or his designate shall supply the following materials to all prospective Bidders: a) one copy of the official Tender form relating to the Request for Tender; b) one standard Tender envelope or label appropriately Imprinted; c) Tender information including plans, specifications, profiles and other relevant information; and d) where a fee is required for the Tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque unless otherwise directed in the Request for Tender; 16.04 Recordina and Control of Tender Material All names, addresses including e-mail addresses and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 16.03 shall be recorded when Requests for Tenders are issued in order to facilitate distribution of addenda when necessary or to extend or cancel a Tender under call. 17. CHANGES TO TENDERS UNDER CALL 17.01 Preparation of Addendum - Interpretation or qualifications of a Tender document shall be made in the form of a written addendum. Addenda shall be necessary to revise, REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION delete, substitute or add to Tender material under call. The Purchasing Manager shall approve the issuance of an addendum or the cancellation of the Request for Tenders. 17.02 Notification of Addenda to Bidders - If an addendum notice is prepared too late to allow notification by registered mail or courier prior to the Tender closing time, in addition to mailing the notice, each prospective Bidder shall be notified of the addendum by telegram or facsimile or electronic means. 17.03 Addenda Issued after Receipt of Tender - Where an addendum is released after the receipt of one or more Tenders which in the opinion of the Purchasing Manager may affect a Bidder's Tender, all Tenders received and deposited prior to the Tender opening may be withdrawn and the Bidder(s) shall be given a new set of Tender documents to be resubmitted in accordance with a further addendum. 17.04 Cancellation of Tender Under Call- Where the circumstances require it to protect the interests of the Corporation and the Request for Tender permits it, the Purchasing Manager in consultation with the Designated Official of the requesting Department may cancel a Request for Tender either before or after Tenders are opened. The procedure for the notification of Bidders of a cancellation shall apply, as in paragraph 17.02 with all necessary changes being considered to have been made to give effect to this sentence. If a Request for Tender is cancelled prior to opening, all Tenders received after cancellation will be returned unopened to the Bidder by registered mail or courier with notification of the cancellation. 18. CONDITIONS OF TENDER SUBMISSION All Tenders shall be submitted to the Office of the Clerk and shall be subject to the following requirements: 18.01 The correct Tender form and envelope or label (with no extra exterior covering) as supplied bv the Corporation must be used. Page 25 of 39 delete, substitute or add to Tender material under call. The Purchasing Manager shall approve the issuance of an addendum or the cancellation of the Request for Tenders. 17.02 Notification of Addenda to Bidders - If an addendum notice is prepared too late to allow notification by registered mail or courier prior to the Tender closing time each prospective Bidder shall be notified of the addendum by telegram or facsimile or electronic means. 17.03 Addenda Issued after Receipt of Tender - Where an addendum is released after the receipt of one or more Tenders which in the opinion of the Purchasing Manager may affect a Bidder's Tender, all Tenders received and deposited prior to the Tender opening may be withdrawn and the Bidder(s) shall be given a new set of Tender documents to be resubmitted in accordance with a further addendum. 17.04 Cancellation of Tender Under Call - Where the circumstances require it to protect the interests of the Corporation and the Request for Tender permits it, the Purchasing Manager in consultation with the Department Head of the requesting Department may cancel a Request for Tender either before or after Tenders are opened. The procedure for the notification of Bidders of a cancellation shall apply, as in paragraph 17.02 with all necessary changes being considered to have been made to give effect to this sentence. If a Request for Tender is cancelled prior to opening, all Tenders received after cancellation will be returned unopened to the Bidder by registered mail or courier with notification of the cancellation. 18. CONDITIONS OF TENDER SUBMISSION All Tenders shall be submitted to the Office of the Clerk and shall be subject to the following requirements: 18.01 The correct Tender form and envelope or label (with no extra exterior covering) as supplied by the Corporationmust be used. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 18.02 Tenders must be properly sealed and delivered to the Office of the Clerk prior to the Tender closing time established for that Tender. 18.03 Time of delivery of any Tender shall be determined by the.Clerk or his delegate. 18.04 When received by the Office of the Clerk, the envelope( s) shall have the date and time of receipt noted on them by the Clerk or his delegate. Each Tender received shall be recorded in a Tender Register maintained by the Office of the Clerk. 18.05 All Tenders received by the Office of the Clerk shall be placed unopened in a suitable locked receptacle and shall remain under the control of the Clerk. 18.06 All Tenders delivered after the Tender closing time or in other than the Tender envelope or label supplied shall not be accepted by the Clerk and shall not be deposited in the Tender box maintained by the Clerk. The Purchasing Manager shall be advised of the circumstances and the Tender returned unopened to the Bidder, accompanied by a letter which states "not accepted". 18.07 Where no return address is visible on the outside of a Tender that is delivered after the close of Tenders, it shall be opened in the presence of the Clerk by the Purchasing Manager, a return address determined, the facts noted for the record and the documents returned to the Bidder accompanied by a letter as in 18.06 above. 19. FORM OF TENDER 19.01 All Tenders must be legible, written in ink or typed. 19.02 All items must be bid unless otherwise specified in the Request for Tender documents. 19.03 All entries including unit prices for each item referred to in the Bid must be clearly stated. Page 26 of 39 18.02 Tenders must be properly sealed and delivered to the Office of the Clerk prior to the Tender closing time established for that Tender. 18.03 Time of delivery of any Tender shall be determined by the Clerk or his delegate. 18.04 When received by the Office of the Clerk, the envelope( s) shall have the date and time of receipt noted on them by the Clerk or his delegate. Each Tender received shall be recorded in a Tender Register maintained by the Office of the Clerk. 18.05 All Tenders received by the Office of the Clerk shall be placed unopened in a suitable locked receptacle and shall remain under the control of the Clerk. 18.06 All Tenders delivered after the Tender closing time or in other than the Tender envelope or label supplied shall not be accepted by the Clerk and shall not be deposited in the Tender box maintained by the Clerk. The Purchasing Manager shall be advised of the circumstances and the Tender returned unopened to the Bidder, accompanied by a letter which states "not accepted". 18.07 Where no return address is visible on the outside of a Tender that is delivered after the close of Tenders, it shall be opened in the presence of the Clerk by the Purchasing Manager, a return address determined, the facts noted for the record and the documents returned to the Bidder accompanied by a letter as in 18.06 above. 19. FORM OF TENDER 19.01 All Tenders must be legible, written in ink or typed. 19.02 All items must be bid unless otherwise specified in the Request for Tender documents. 19.03 All entries including unit prices for each item referred to in the Bid must be clearly stated. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 19.04 The Tender cannot contain any restrictive statements, nor can the Tender be qualified by separate letter. 19.05 All Tenders submitted must be signed by an authorized person. 19.06 All erasures, overwriting, strike-outs and other similar alterations inserted in the Bidder's Tender must be initialled by the person authorized to execute the documents on behalf of the Bidder. 20. BONDS AND DEPOSITS 20.01 Bid Deposit and Bid Bonds - All Requests for Tender requiring Bid deposits shall have such deposits made payable to "The Corporation of the Municipality of Clarington", shall be provided by a certified cheque, bank draft, money order or cash which shall be enclosed in the same envelope as the Bid. All Bid bonds for Contracts with a value of Fifty Thousand ($50,000.00) Dollars or more that are required by a Request for Tender shall be issued by a surety approved by the Treasurer and shall be in an amount, and in a form containing terms and conditions satisfactory to the Treasurer. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Manager in the Request for Tenders. Total Amount of Bid Minimum Bid Deposit Required $ 20,000.00 or LESS $ 20,000.01 to $ 50,000.00 $ 50,000.01 to $ 100,000.00 $ 100,000.01 to $ 250,000.00 $ 250,000.01 to $ 500,000.00 $ 500,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 $2,000,000.01 or OVER $1,000.00 $ 2,000.00 $ 5,000.00 $ 10,000.00 $ 25,000.00 $ 50,000.00 $100,000.00 $200,000.00 20.02 Forfeiture of Bid Deposit or Bid Bond - Should the successful Bidder fail to enter into a Contract with the Corporation, the amount Page 27 of 39 19.04 The Tender cannot contain any restrictive statements, nor can the Tender be qualified by separate letter. 19.05 All Tenders submitted must be signed by an authorized person. 19.06 All erasures, overwriting, strike-outs and other similar alterations inserted in the Bidder's Tender must be initialled by the person authorized to execute the documents on behalf of the Bidder. 20. BONDS AND DEPOSITS 20.01 Bid Deposit and Bid Bonds - All Requests for Tender/Quotation/Proposal req uiring Bid deposits shall have such deposits made payable to "The Corporation of the Municipality of Clarington", shall be provided by a certified cheque, bank draft, money order, bid bond or cash which shall be enclosed in the same envelope as the Bid. Bid bonds shall be issued by a surety approved by the Treasurer and shall be in an amount, and in a form containing terms and conditions satisfactory to the Treasurer. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Manager in the Request for T endersl Quotation/Proposal. Total Amount of Bid Minimum Bid Deposit Required $20,000.00 or LESS $ $20,000.01 to $50,000.00 $50,000.01 to $100,000.00 $100,000.01 to $250,000.00 $250,000.01 to $500,000.00 $500,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 $2,000,000.01 or OVER 1,000.00 $2,000.00 $5,000.00 $ 10,000.00 $ 25,000.00 $ 50,000.00 $100,000.00 $200,000.00 20.02 Forfeiture of Bid Deposit or Bid Bond - Should the successful Bidder fail to enter into a Contract with the Corporation, the amount of REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION of the Bid deposit provided by the Bidder in question shall be forfeited to and become the property of the Corporation. If a Bid Bond is deposited, it may be called by the Treasurer and the amount of money thereby obtained forfeited to and made the property of the Corporation. 20.03 Bonds Other Than Bid Bonds Reauired bv Request for Tender - When the deposit of a Performance Bond and/or a Labour and Material Payment Bond is a requirement of a Request for Tender, such Bonds in the amounts specified in the Tender documents issued by a surety approved by the Treasurer and in a form and containing terms and conditions approved by the Treasurer must be delivered by the Bidder to the Purchasing Manager prior to execution of the Contract by the Corporation. 21. WITHDRAWAL OF TENDERS 21.01 Withdrawal of Bid - Anyone submitting a Bid can only withdraw the Bid prior to the close of Tenders. Requests to withdraw received following the close of Tenders will not be accepted. 21.02 Procedure - Any Bidder wishing to withdraw a Bid must do so in writing and deliver the same to the Office of the Clerk. 21.03 Return of Certain Withdrawn Bids - All Bids withdrawn prior to being deposited in the Tender box kept by the Clerk shall be returned and the withdrawal of the Tender acknowledged in writing by the Bidder. 21.04 Return of Documents - All withdrawals of Tenders that relate to Tenders deposited in Page 28 of 39 the Bid deposit provided by the Bidder in question shall be forfeited to and become the property of the Corporation. If a Bid Bond is deposited, it may be called by the Treasurer and the amount of money thereby obtained forfeited to and made the property of the Corporation. 20.03 Bonds Other Than Bid Bonds Reauired bv Request for Tender - When the deposit of a Performance Bond and/or a Labour and Material Payment Bond is a requirement of a Request for Tender/Quotation/Proposal, such Bonds in the amounts specified in the Tender documents issued by a surety authorized to carry on business in Ontario and approved by the Treasurer and in a form and containing terms and conditions approved by the Treasurer must be delivered by the Bidder to the Purchasing Manager prior to execution of the Contract by the Corporation. 21. WITHDRAWAL OF TENDERS 21.01 Withdrawal of Bid - Anyone submitting a Bid can only withdraw the Bid prior to the close of Tenders. Requests to withdraw received following the close of Tenders will not be accepted. 21.02 Procedure - Any Bidder wishing to withdraw a Bid must do so in writing and deliver the same to the Office of the Clerk. 21.03 Return of Certain Withdrawn Bids - All Bids withdrawn prior to being deposited in the Tender box kept by the Clerk shall be returned and the withdrawal of the Tender acknowledged in writing by the Bidder. Withdrawal notices received after the Tender has been deposited into the tender box shall, together with the confirmation of withdrawal be placed in the tender box. The tender box will not be opened to withdraw a tender already deposited in the tender box. These bids are dealt with at the tender opening by announcing that the tender was withdrawn. The bid amount of the withdrawn tender shall not be read out. 21.04 Return of Documents - All withdrawals of Tenders that relate to Tenders deposited in REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION the Tender box and all of the related documentation returned unopened following the Tender opening. 21.05 Withdrawal of Bids Durina Openina - During a Tender opening at the conclusion of the reading out of Bids for a particular Contract, the low Bidder may withdraw any of his remaining Tenders on other Contracts. Tenders withdrawn under this procedure cannot be reinstated. The Bidder must certify in writing to his identity and state the Contract( s) on which he/she desires to withdraw. A written notice of withdrawal of tender in a form satisfactory to the Purchasing Manager must be signed by the prospective Bidder. This Notice must be handed to the Clerk or his delegate before the reading out of the first Tender on the Contract(s) to which it applies. The Clerk or his delegate shall attach it to the applicable Tender. The Bidder's name shall be read out and it shall be announced that the Tender has been withdrawn in accordance with established procedure. The bid amount of the Tender shall not be read out. 22. OPENING TENDERS 22.01 All Tenders shall be opened by the Clerk or his designate for the Corporation and the Purchasing Manager or his designate and the Bids shall be duly recorded in the Record of Tenders. 22.02 Any interested person may attend a Tender opening. 22.03 Where two or more Tenders are called for at the same time, the Tenders shall be opened in numerical order, with the lowest numbered Tender being opened first. 22.04 Having established the order of precedence, the Clerk or his designate shall remove the Tenders from the Tender box. 22.05 Where a Tender cannot be identified as to the author or Contract number, such an envelope shall be opened and the Page 29 of 39 the Tender box and all of the related documentation shall be returned unopened following the Tender opening. 21.05 Withdrawal of Bids Durina Openina - During a Tender opening at the conclusion of the reading out of Bids for a particular Contract, the low Bidder may withdraw any of his remaining Tenders on other Contracts that are still unopened. Tenders withdrawn under this procedure cannot be reinstated. The Bidder must certify in writing to his identity and state the Contract( s) on which he/she desires to withdraw. A written notice of withdrawal of tender in a form satisfactory to the Purchasing Manager must be signed by the prospective Bidder. This Notice must be handed to the Clerk or his delegate before the reading out of the first Tender on the Contract(s) to which it applies. The Clerk or his delegate shall attach it to the applicable Tender. The Bidder's name shall be 'read out and it shall be announced that the Tender has been withdrawn in accordance with established procedure. The bid amount of the Tender shall not be read out. 22. OPENING TENDERS 22.01 All Tenders shall be opened by the Clerk or his designate for the Corporation and the Purchasing Manager or his designate and the Bids shall be duly recorded in the Record of Tenders. 22.02 Any interested person may attend a Tender opening. 22.03 Where two or more Tenders are called for at the same time, the Tenders shall be opened in numerical ord~r, with the lowest numbered Tender being opened first. 22.04 Having established the order of precedence, the Clerk or his designate shall remove the Tenders from the Tender box. 22.05 Where a Tender cannot be identified as to the author or Contract number, such an envelope shall be opened and the documents placed REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION documents placed with the appropriate group of Tenders. 22.06 Where a conflict exists in respect of the envelope and its contents as to the Contract number, the Contract number on the Tender documents shall prevail. 22.07 When all Tenders have been sorted, opened and withdrawn Tenders segregated pursuant to paragraph 21.04, the Clerk shall compare the number of Tenders opened to the number of Tenders recorded in the Record of Tenders. Where a discrepancy exists, the proceedings shall be delayed until all Tenders have been accounted for. 22.08 When all Tenders are accounted for, the Clerk or his designate shall announce each Tender publicly in the following manner: i) Tender number and specifications; ii) Bidder's name and location; iii) Bid deposit and bonding letter (if required); and iv) total Bid amount. 22.09 All Tenders shall be checked to determine that each Bidder has submitted one Bid only. Should more than one bid be submitted, the lowest Bid submitted shall be deemed to be the intended Bid, unless that Bid has been withdrawn in the manner prescribed in paragraph 21. 22.10 Following the opening and recording of Tenders by the Clerk, the Record of Tenders shall be closed and the record signed attesting to that fact. 22.11 With the exception of the Clerk and the Purchasing Manager or their designates, no dialogue will be permitted with respect to the proceedings on the opening of Tenders. 23. VERIFICATION OF TENDERS 23.01 Dutv of Purchasina Manaaer - All Tenders will be delivered to the Purchasing Manager who shall ensure that: Page 30 of 39 with the appropriate group of Tenders. 22.06 Where a conflict exists in respect of the envelope and its contents as to the Contract number, the Contract number on the Tender documents shall prevail. 22.07 When all Tenders have been sorted, opened and withdrawn Tenders segregated pursuant to paragraph 21.04, the Clerk shall compare the number of Tenders opened to the number of Tenders recorded in the Record of Tenders. Where a discrepancy exists, the proceedings shall be delayed until all Tenders have been accounted for. 22.08 When all Tenders are accounted for, the Clerk or his designate shall announce each Tender publicly in the following manner: i) Tender number and specifications; ii) Bidder's name and location; iii) Bid deposit and bonding letter (if required); and iv) total Bid amount. 22.09 All Tenders shall be checked to determine that each Bidder has submitted one Bid only. Should more than one bid be submitted, the lowest Bid submitted shall be deemed to be the intended Bid, unless that Bid has been withdrawn in the manner prescribed in paragraph 21. 22.10 Following the opening and recording of Tenders by the Clerk, the Record of Tenders shall be closed and the record signed attesting to that fact. 22.11 With the exception of the Clerk and the Purchasing Manager or their designates, no dialogue will be permitted with respect to the proceedings on the opening of Tenders. 23. VERIFICATION OF TENDERS. 23.01 Dutv of Purchasina Manaoer - All Tenders will be delivered to the Purchasing Manager who to the best of his ability shall ensure that: REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 31 of 39 a) b) all Bids comply with the Tender requirements; all unit prices have been correctly extended, provided that unit prices shall determine the amount of the Bid, in the event of arithmetic errors; all extensions have been correctly totalled; a) Bids comply with the Tender requirements; b) unit prices have been correctly extended, provided; c) extensions have been correctly totalled; and d) applicable taxes are calculated correctly where required. c) 23.02 Reservation and Review of Improper Bids - Any Bid that does not appear on initial examination by the Purchasing Manager or his designate to satisfy the requirements of the Request for Tender shall be deemed to be "improper Bids", and be subject to further examination by the Purchasing Manager so that the Purchasing Manager can determine whether it shall be rejected pursuant to paragraph 23.03. *The verification process will apply to all bid solicitations. Note: Extension errors, addition errors and incorrect tax calculations may be corrected based on unit prices. Unit prices govern. 23.02 Reservation and Review of Improper Bids - Any Bid that does not appear on initial examination by the Purchasing Manager or his designate to satisfy the requirements of the Request for Tender shall be deemed to be "improper Bids", and be subject to further examination by the Purchasing Manager so that the Purchasing Manager can determine whether it shall be rejected pursuant to paragraph 23.03. 23.03 Reiection of Non-Compliant Bids - Notwithstanding paragraph 9 of this By-law, all Bids shall be rejected that are: 23.03 Reiection of Non-Compliant Bids - Notwithstanding paragraph 9 of this By-law, all Bids shall be rejected that are: a) received after the Tender closing time; b) delivered in other than the Tender envelope with the label or labels prescribed in the Request for Tender; c) that are not completed in ink or by typewriter; d) incomplete or do not comply with specifications; e) restrictive or contain conditional statements which are intended to alter the form or intent of the Tender submitted to the Corporation's response to the Request for Tenders; f) submitted with documents that are not signed by the Bidder with his original signature; or g) unaccompanied by bonding documents or bid deposits where required. a) received after the Tender closing time; b) delivered in other than the Tender envelope with the label or labels prescribed in the Request for Tender; c) are not listed on the List of Registered Bidders; d) that are not completed in ink, by typewriter or electronic processor, e) incomplete or do not comply with specifications; f) restrictive or contain conditional statements which are intended to alter the form or intent of the Tender submitted to the Corporation's response to the Request for Tenders; g) submitted with documents that are not signed by the Bidder with his original signature; or h) unaccompanied by bonding documents or bid deposits where required. Note: Bids reiected in accordance this by-law a) e) 24. REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 23.04 Exceotions The Purchasing Manager may at his discretion accept or reject a Bid when: the agreement to bond required by a Request for Tender has not been signed by the surety with his original signature; provided that if the Bid is accepted, the Purchasing Manager may allow a period of time to have the agreement to bond correctly signed by the surety; b) the envelope is improperly sealed; c) the documents are illegible; d) the envelope contains an improper Bid deposit or an insufficient amount; or the arithmetic extensions of the Cost contain gross errors. AWARD OF TENDERS 24.01 Purchasing Manager to Review Bids Tendered - The Purchasing Manager shall review the Tender with the requesting Department in accordance with the provisions of paragraph 13.05 for all Tenders with a Cost under Seventy-five Thousand ($75,000.00) Dollars. For Tenders with a Cost over Seventy-Five Thousand ($75,000.00) Dollars the Purchasing Manager shall review the Tender with the requesting Department and shall then report to the General Purpose and Administration Committee and/or Council. Where the Tender amount exceeds the Corporation's approved budget allocation, the report shall contain the requisite information with respect to the source of additional funding. Page 32 of 39 shall be noted in reports as "Rejected" with an explanation but without the bid price. 23.04 Exceotions The Purchasing Manager may at his discretion accept or reject a Bid when: 24. a) the agreement to bond required by a Request for Tender has not been signed by the surety with his original signature; provided that if the Bid is accepted, the Purchasing Manager may allow a period of time to have the agreement to bond correctly signed by the surety; b) the envelope is improperly sealed; c) the documents are illegible; d) the envelope contains an improper Bid deposit or an insufficient amount; or e) the arithmetic extensions of the Cost or calculation of tax(es) contain gross errors. f) bids are unbalanced. g) Addenda are not submitted or acknowledged. Substantive addenda having an effect on price or specifications and not acknowledged will result in bid rejection. Addenda covering minor matters but not acknowledged may be considered. AWARD OF TENDERS AND REPORTING REQUIREMENTS 24.01 Purchasing Manager to Review Bids Tendered - The Purchasing Manager shall review the Tender with the requesting Department and shall report as follows: a) Report to Council Where the Tender amount exclusive of applicable taxes exceeds the Corporation's approved budget allocation, the report shall contain the requisite information with respect to the source of additional funding. REPORT COD-045-10 ATTACHMENT - SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION 24.02 Issue of Purchase Order - Upon approval of the Tender the Purchasing Manager or designate or Director of Corporate Services or his designate shall make the award and issue a Purchase Order in accordance with the conditions of the Request for Tender. 24.03 Approval of Over Expenditure Subsequent to the award of the Contract to the lowest Responsive and Responsible Bidder, the approval of any over expenditure shall be in accordance with the Corporation's Page 33 of 39 b) ReDort to Chief Administrative Office i) Where the recommendation is for a tender meeting specifications, terms and conditions of the Bid Solicitation and providing the lowest overall cost to the Municipality, or for a proposal where the recommended firm has obtained the highest rank score in accordance with the evaluation criteria included in the Request for Proposal document, with a value in either case that does not exceed $250,000.00, the Designated Official, after consultation with the initiating Department Head, shall report to the Chief Administrative Officer. (ii) The Chief Administrative Officer may approve the awarding of the Contracts referred to in subsection (i) above, provided the expenditure is not in excess of the approved budgetary appropriation. 24.02 In the event that: (i) the Tender from the lowest responsive and responsible Bidder is not recommended; or (ii) the Proposal which satisfies the requirements and is ranked as the overall highest score is not recommended; or (iii) the value for the contract award exceeds $250,000.00; or (iv) the lowest Tender or highest scoring Proposal is in excess of the budgetary appropriation, (v) a report by the designated Official, after consultation with the initiating Department Head shall be submitted to the General Purpose and Administrative Committee for recommendation to Council. 24.03 Issue of Purchase Order - Upon approval of the Tender or RFP the Purchasing Manager or designate or Director of Corporate Services or his designate shall make the award and issue a Purchase Order in accordance with the conditions of the Request for Tender, or RFP. 24.04 Approval of Over Expenditure Subsequent to the award of the Contract to the lowest Responsive and Responsible Bidder, the approval of any over expenditure shall be in accordance with the Corporation's REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Finance Policy as approved by Council. 25. DISPOSITION OF BID DEPOSITS Except as provided in paragraph 22.03, following the awarding or cancellation of a Tender, all deposits, with the exception of the lowest and the second lowest Bidders in the case of an award, shall be returned to the unsuccessful Bidders by registered mail or courier, or if picked up, receipt acknowledged in writing. The retained deposits will be held until the Contract is executed by the Corporation. 26. EXECUTION OF CONTRACT The successful Bidder shall be allowed ten (10) working days from the date of mailing of the form of Contract to execute and return the same to the Purchasing Manager. 27. DEFAULT BY SUCCESSFUL BIDDER If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Tender may be awarded to the next lowest Bidder(s) or cancelled. In the event a successful Bidder fails to execute, finalize and/or provide acceptable surety for a Contract, the Bidder's deposit(s) will be forfeited. 28. TSH AGREEMENT For clarity, none of the provisions of this By- law is intended to or shall be deemed to affect any provisions of or the rights, obligations and responsibilities of the parties to the TSH Agreement including the responsibilities of the official of the Corporation named in the TSH Agreement. Page 34 of 39 prevailing Finance Policy as approved by Council. 25. DISPOSITION OF BID DEPOSITS Except as provided in paragraph 23.03, following the awarding or cancellation of a Tender, all deposits, with the exception of the lowest and the second lowest Bidders in the case of an award, shall be returned to the unsuccessful Bidders by registered mail or courier, or if picked up, receipt acknowledged in writing. The retained deposits will be held until the Contract is executed by the Corporation, unless determined by the Purchasing Manager that the deposit is not reasonably required. 26. EXECUTION OF CONTRACT The successful Bidder shall be allowed ten (10) working days from the date of mailing of the form of Contract to execute and return the same to the Purchasing Manager 27. DEFAULT BY SUCCESSFUL BIDDER If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Tender may be awarded to the next lowest Bidder(s) or cancelled. In the event a successful Bidder fails to execute, finalize and/or provide acceptable surety for a Contract, the Bidder's deposit(s) will be forfeited. 28. AECOM AGREEMENT For clarity, none of the provisions of this By- law is intended to or shall be deemed to affect any provisions of or the rights, obligations and responsibilities of the parties to the AECOM Agreement including the responsibilities of the official of the Corporation named in the AECOM Agreement. Section 1.04 of the AECOM Agreement states 'The Consultant shall use current state of the art principles.." This is interpreted to include the use of public bidding methods and practices acceptable to the public sector, the Purchasing Manager and the provisions of this by-law. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 35 of 39 29. PROHIBITIONS 29.01 Demonstrations: No Requests for prices or demonstration for approved projects or programs shall be made without prior consultation with the Designated Official. 29.02 Purchase Order Not to be Split - Purchase Orders shall not be split so as to circumvent the established method of purchase and the dollar limits imposed by this By-law. 29.03 Disclosure - Subject to the provisions of The Municipal Freedom of Information and Protection of Privacv Act, R.S.O. 1990, Chapter M.S6, no Corporation employee nor any member of Council shall provide the Cost Bid for any Goods and/or Services except: (a) in the case of Formal Requests for Quotation and Tender the total Bid amount; and (b) in the case of sealed Bid submitted in response to a Request for Proposal the total Bid amount shall be provided on written request of any person upon completion of negotiations and award. All Bid amounts contained in a public report to Council are available on request. Notwithstanding this paragraph 29.03, except as otherwise provided in the Municipal Freedom of Information and Protection of Privacy Act all Costs recorded during the opening of Tenders or Quotations, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the prevailing Municipal Act. With respect to contracts being reported to Council for approval, the recommended action provided in the report can be released at the time the report is reviewed by Committee and Recommended to Council or upon award by the CAO during a Recess. REPORT COD.045.10 ATTACHMENT - SCHEDULE "B" Page 36 of 39 EXISTING AND PROPOSED BY-LAW COMPARISION 29.04 Personal Purchases - No personal purchases of Goods and/or Services shall be made by the Corporation for Members of Council, or any appointed member of a Local Board of the Corporation, or for employees of the Cor oration, unless s ecificall authorized 29.05 Conflict of Interest - In order to avoid any person from having an unfair advantage in making a Bid and to ensure the Bid process is open and transparent with no one Bidder having confidential information that other Bidders do not have, a) no employee including any paid volunteers or their immediate family of the Corporation or Member of Council shall: i. Bid on the sale of Goods and/or Services except those disposed of by public auction, unless explicitly approved by the Chief Administrative Officer, and/or ii. sell Goods and/or Services to the Corporation or have a direct or indirect interest in a company or own a company which sells Goods and/or Services to the Cor oration. 30. COMPLAINTS AND BIDDER PROTESTS OR INQUIRIES a) All Bidder complaints, whether addressed to an elected official, the CA 0, a Department Head or any member of staff shall be referred to Purchasing Services and deaft wfth in accordance wfth appropriate Municipal purchasing policy, as may be amended from time to time. b) All Bidder or potential bidders inquiries, whether addressed to an elected official, the CAO, a Department Head or any member of staff shall be referred to Purchasing Services and dealt with in accordance with appropriate Municipal purchasing policy, as may be amended from time to time. 31. RECORDS RETENTION AND DESTRUCTION Bid documents and related material shall be retained in a manner and for a period in accordance with the Munici alit 's revailin REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 29. ABSOLUTE RIGHT Notwithstanding the provisions of this By-law except as may be otherwise provided in a Request for Tender, the Corporation shall have absolute discretion in the awarding of contracts and retains the right to reject any or all Tenders. 30. SEVERABILITY Should any provisions, clauses, sections, phrases or parts of this By-law, or the application thereof under certain circumstances, be held by a Court of competent jurisdiction to be invalid, the remainder of this By-law, or the application of such provision, clause or part under other circumstances, shall not be affected. 31 . By-Law #94-129 as amended is hereby repealed. Page 37 of 39 Retention By-law. 32. CONTRA CYA GREEMENT APPROVAL In accordance with Municipal Policy as may be amended from time to time, contracts and leases of a general operating nature, for day to day requirements are to be signed by the designated Department Head and the Purchasing Manager. For all other contracts and or lease agreements, a By-law approved by Council is required. The Contract must be executed by the Mavor and Clerk. 32. ABSOLUTE RIGHT Notwithstanding the provisions of this By-law except as may be otherwise expressly stated and provided in a Request for Tender, other bid opportunity the Corporation shall have absolute discretion in the awarding of contracts and retains the right to reject any or all submissions. 33. SEVERABILITY Should any provisions, clauses, sections, phrases or parts of this By-law, or the application thereof under certain circumstances, be held by a Court of competent jurisdiction to be invalid, the remainder of this By-law, or the application of such provision, clause or part under other circumstances, shall not be affected 32. By-Law #2006-127 as amended is hereby repealed REPORT COD.045.10 ATTACHMENT. SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION APPENDIX "A" To By-Law # 2006-127 The Purchasing By-law and a Purchase Order are not required unless specifically requested by a Department Head or the vendor or supplier of the Goods and/or Services in question does not apply to the items listed below. 1. Petty Cash Items 2. Training and Education a. Conferences b. Courses c. Conventions d. Magazines e. Memberships f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Reports k. Subscriptions 3. Refundable Employee Expenses a. Advances b. Meal Allowances c. Miscellaneous - Non - Travel d. Travel Expenses e. Entertainment Expenses 4. Employer's General Expenses a. Payroll Deduction Remittances b. Medicals c. Licenses (Vehicles, Communications, etc.) d. Debenture Payments e. Insurance f. Grants and Agencies g. Damage Claims h. Petty Cash Replenishment i. Land & Building Lease Payments j. Tax Remittances k. Sinking Fund Payments I. Newspaper Advertising and Public Notices m. Day Camp or other similar Admission Fees 5. Certain Professional and other Services a. Committee Fees Page 38 of 39 APPENDIX "A" To By-Law # 2010- The items listed in this Appendix are those for which a Purchase Order is not required unless specifically requested by the initiating Department Head or the vendor or supplier or by Purchasing for the purposes of records maintenance and tracking, and for which other purchasing procedures of this By-law may be waived where application is impractical, in the opinion of the Designated Official. 1. Petty Cash Items 2. Training and Education a. Conferences b. Courses c. Conventions d. Magazines e. Memberships f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Reports k. Subscriptions I. Trainers (includes workshop & seminars) . 3. Refundable Employee Expenses a. Advances b. Meal Allowances c. Miscellaneous - Non - Travel d. Travel Expenses e. Entertainment Expenses 4. Employer's General Expenses a. Payroll Deduction Remittances b. Medicals c. Licenses (Vehicles, Software, Communications, etc.) d. Debenture Payments e. Insurance f. Grants and Agencies g. Damage Claims h. Petty Cash Replenishment i. Land & Building Lease Payments made by Municipality j. Tax Remittances k. Sinking Fund Payments I. Newspaper Advertising and Public Notices m. Day Camp or other similar Admission Fees n. Software or equipment maintenance REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION b. Counselling Services c. Laboratory Services d. Nursing Services e. Physician Fees f. Temporary Help g. Banking and Underwriting Services, where covered by Agreements h. Legal Services i. Engineering and Consulting Services provided for in a contract between the Corporation and Totten Sims Hubicki Associates (1991) Limited dated Septem ber 1, 1993 j. Newspaper, radio, TV advertising k. Policing I. Red Cross Supplies 6.1 Utilities a. Postage b. Water c. Hydro d. Gas e. Telephones - excluding cellular f. Cable television 6.2 Canadian National and Canadian Pacific Railways Provincial and/or Federal Government Agencies or Crown Corporations Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham goods or services 6.3 6.4 Page 39 of 39 agreements when provided by the software or equipment manufacturer/distributor. 5. Certain Professional and other Services a. Committee Fees b. Counselling Services c. Laboratory Services d. Nursing Services e. Physician Fees f. Temporary Help g. Banking and Underwriting Services, where covered by Agreements h. Legal Services i. Engineering and Consulting Services provided for in a contract between the Corporation and AECOM Canada Limited dated September 1, 2008 j. Newspaper, radio, TV advertising k. Policing I. Red Cross Supplies m. Web Design Usage Fee & penalties n. Payroll consulting fees o. Employee Assistance programs 6.1 Utilities (including hedging agreements in accordance with the Hedging Policy as may be amended from time to time) a. Postage b. Water c. Hydro d. Gas (mdudmghedgmg agreements) e. Telephones - excluding cellular f. Cable television 6.2 Canadian National and Canadian Pacific Railways 6.3 Provincial and/or Federal Government Agencies or Crown Corporations 6.4 Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham goods or services