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HomeMy WebLinkAbout2021-09-28Claibygton Audit and Accountability Committee Agenda If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date: September 28, 2021 Time: 9:30 am Place: Held Virtually via Microsoft Teams Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 289-274-8255„304637234# Canada, Oshawa Phone Conference ID: 304 637 234# Find a local number I Reset PIN 1. Call to Order 2. Land Acknowledgement Statement 3. Declarations of Interest 4. Adoption of Minutes of Previous Meeting(s) 4.1. Minutes of meeting held August 4, 2021 Page 3 5. Presentations 5.1 Verbal Update — Catherine Carr, Manager of Internal Audit 6. Delegations 6.1 none 7. Communications — Receive for Information 7.1 Investment compliance memo dated August 25, 2021 Page 6 7.2 Memo from Director of Financial Services dated Page 10 September 10, 2021, PSAB Update Page 1 of 92 Audit and Accountability Committee — September 10, 2021 8. Items for Direction 8.1. Report IAS-003-21, Financial Update to June 30, 2021 Page 21 Recommendations: 1. That Report IAS-003-21 be received for information 9. Other Business 9.1. Report FSD-036-21, Purchasing By-law This item was referred back to Committee from Council on July 5, 2021 for reconsideration. 10. Adjournment Page 66 Page 2 of 92 Clarftwn Audit Committee Minutes If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date: August 4, 2021 Time: 9:00 AM Place: Held Virtually via Microsoft Teams Present: Mayor Foster, Councillor Hooper, Councillor Neal (9:24 AM) Staff Present: Andy Allison, Trevor Pinn, Catherine Carr, Heather Lynch, Michelle Pick Guests: Trina Connell and Matthew Haire from BDO Canada LLP, Councillor Zwart (as an observer) 1. Call to Order Councillor Hooper called the meeting to order at 9:05 AM and chaired the meeting until 9:24 AM when Councillor Neal assumed the chair. 2. Land Acknowledgement Statement Councillor Hooper recited the Land Acknowledgement Statement. 3. Declarations of Interest 3.1 Councillor Hooper declared a direct interest in 7.2 of Communications — Receive for Information and 8.1 (3) of Items for Direction. 4. Adoption of Minutes of Previous Meeting(s) Resolution #AAC-013-21 Moved and seconded by Mayor Foster That the minutes from the Audit and Accountability Committee held June 29, 2021 be approved, with two administrative amendments (time to read: 9:00 am, and to correct the spelling of Andy Allison's name). Carried 5. Presentations 5.1 Representatives from BDO Canada LLP presented the 2020 audit findings. 6. Delegations 6.1 None Page 3 of 92 Audit Committee Minutes August 4, 2021 7. Communications — Receive for Information Resolution #AAC-014-21 Moved by Councillor Hooper Seconded by Mayor Foster That the final letters for 7.1 the Municipality of Clarington, 7.3 Newcastle BIA and 7.4 Orono BIA, be received for information and the included representation letters be signed by CAO and Director of Financial Services/Treasurer. Carried Resolution #AAC-015-21 Moved by Mayor Foster Seconded by Councillor Neal That final letter for 7.2 Historical Downtown Bowmanville BIA be received for information and the included representation letters be signed by CAO and Director of Financial Services/Treasurer. Carried Resolution #AAC-016-21 Moved by Mayor Foster Seconded by Councillor Hooper That the memo to the Audit and Accountability Committee from the Director of Financial Services/Treasurer be received for information. Carried 8. Items for Direction 8.1 Report FSD-033-21, 2020 Financial Statements Resolution #AAC-017-21 Moved by Mayor Foster Seconded by Councillor Neal 3. That the Financial Statements for the Board of Management for Historic Downtown Bowmanville Business Improvement Area for the year ending December 31, 2020 be approved. Carried Page 4 of 92 Audit Committee Minutes August 4, 2021 Resolution #AAC-017-21 Moved by Mayor Foster Seconded by Councillor Hooper 1. That Report FSD-033-21 be received; 2. That the Consolidated Financial Statements for the Municipality of Clarington for the year ending December 31, 2020 be approved; 4. That the Financial Statements for the Board of Management for the Newcastle Central Business District Improvement Area for the year ending December 31, 2020; 5. That the Financial Statements for the Board of Management for the Orono Central Business District Improvement for the year ending December 31, 2020; 6. That the Financial Statements for the Municipality of Clarington Trusts for the year ending December 31, 2020 be approved; and 7. That, Staff prepare the Annual Financial Report for the year ending December 31, 2020 for public consumption with information substantively as discussed in Report FSD-033-12 and that it be placed on the Municipality's website. Carried 9. Other Business 9.1 Resolution #AAC-018-21 Moved by Mayor Foster Seconded by Councillor Hooper That the Members of Council be requested to appoint an alternate to the audit and accountability committee. Carried Recommendation to Council #1 That Council appoint an alternate to the audit and accountability committee. 10. Adjournment Resolution #AAC-019-21 Moved by Councillor Hooper Seconded by Mayor Foster That the meeting adjourn at 10:19 AM. Carried Page 5 of 92 Clarftwn MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Audit and Accountability Committee Andrew Allison, Chief Administrative Officer Trevor Pinn, Director of Financial Services / Treasurer From: Catherine Carr, Internal Audit Manager Date: August 25, 2021 Re: Municipal Investment Compliance at June 30, 2021 - Updated This Investment Compliance memo is to provide an update as at June 30, 2021 on the compliance of the Municipality's investments with the approved Investment Policy. There were some investments made in June that were not included in original memo of July 30. This is an updated memo with the corrected numbers. The applicable Investment Policy was approved by Council July 3, 2018. If not compliant, the Municipality would be required to prepare a workout plan to dispose of non -compliant investments as well as resolve any other issues that have been identified. However, an updated Investment Policy was accepted at the Audit and Accountability Committee (AAC) meeting of June 29, 2021 and @ approved by Council on July 5, 2021. The limits that were changed are noted in the applicable sections as a reference. This memo is provided to the members of the AAC when prepared for each quarter. This committee provides the appropriate review of the document as outlined in the terms of reference. A copy of the memo will be on the next regular AAC agenda (in this case, September 10, 2020. If required, a response from the Director of Financial Services will included on the agenda as well. The current calculations include the Reserve Fund bank account but do not included the General Fund bank account. The General Fund TD bank account is used for the ongoing operations and are consider as "required immediately" and therefore are not eligible for investing. As the Reserve Bank account is not used for ongoing operations and is available for investing, it is included in these investment compliance calculations. The omission of the General Fund bank account would result in the calculated totals being a lower percentage than actual. If the Municipality is compliant without this bank account, then it will be compliant if it was to be included. _ The following information is shown for the Municipality's total investments as the restrictions identified in the policy are based on the total investments, not individual funds. Note that the Perpetual Care Trust Funds for cemetery maintenance are not included. Perpetual care and maintenance trust funds are regulated by Funeral, Burial and Cremation Act, 2002. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 6 of 92 Investment Compliance June 30, 2021 Investments by Institution The Municipality's policy has the following restrictions, among others, to ensure that credit risk is mitigated through avoiding a concentration of investments with any given institution: • ONE Fund portfolios are restricted to 15 per cent for each type (The ONE HISA account is excluded as it is a cash account) • Financial institution (including bonds, GICs) is restricted to 20 per cent for each institution; note that this is increased to 25 per cent as of July 5, 2021 • Municipal bonds are restricted to 10 per cent per municipality • Provincial bonds are restricted to 20 per cent for each province • Corporate debt is restricted to 5 per cent for each corporation. 'ABLE 1 INVESTMENTS BY INSTITUTION % of Minimum Maximum Total Funds Total Ranae Ranae TD Bank - Savings 24,522,277 22.3% 0% 100% ONE - HISA $ 4,032 0.0% 0% 100% ONE - Equity 2,588,679 2.4% 0% 15% ONE - Bond 4,354,126 4.0% 0% 15% RBC 10,374,041 9.4% 0% 20% RBC - HISA 65,580 0.1% 0% 100% National Bank 8,805,845 8.0% 0% 20% BNS 16,929,891 15.4% 0% 20% BMO 18,959,520 17.3% 0% 20% HSBC 3,358,884 3.1 % 0% 20% TD Bank 4,841,449 4.4% 0% 20% Prov BC 2,388,950 2.2% 0% 20% City of Toronto 4,778,046 4.3% 0% 10% Prov Alberta 2,384,585 2.2% 0% 20% Prov Quebec 2,499,732 2.3% 0% 20% Ontario Hydro 2,499,594 2.3% 0% 5% Regional Municipality of York 498,525 0.5% 0% 10% $ 109,853,756 100.0% There are other restrictions identified in the policy; however, we do not currently have any investments to which they apply. The Municipality was compliant with all restrictions on investment with individual institutions. It should be noted that, per the policy, cash accounts (ONE HISA and TD Bank Savings) are The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON 1-1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I WWW.clarington.net Page 7 of 92 Investment Compliance June 30, 2021 not to be included when determining the amount to be invested with an institution. For this reason, the two accounts are listed separately in the table above. Term of Investment The Municipality's policy has adopted ranges for term length to ensure liquidity and to minimize interest rate risk. Note that investments greater than 10 years up to a maximum of 20 years have the additional requirement that they must be specifically tied to an expected cash flow. TABLE 2 TERM OF INVESTMENT Minimum Maximum Total Funds % of Total Range Range 90 Days $ 31,531,264 28.7% 20% 100% 90 Days to 1 Year 11,997,986 10.9% 39.6% 30% 100% 1 to 5 Years 24,630,531 22.4% 0% 85% 5 to 10 Years 35,671,025 32.5% 0% 50% 10 to 20 Years 6,022,950 5.5% 0% 30% $ 109,853,756 100.0% The Municipality was compliant with the stated term length restrictions. The TD Reserve Bank account bank account is 75 per cent of the under 90 days investment total. Bank accounts including the ONE HISA are immediately accessible and thereby highly liquid. The investments in the 10 to 20 year terms are bank bonds and provincial bonds which are considered to have good liquidity. There are uses for these long-term investments, but the specifics have not been clearly identified. By percentages, the 10 to 20 year term investments are split as follows: non development charge 47.2 per cent, development charge 16.6 per cent, and strategic capital 36.2 per cent. The link between long term investments and expected cash flows must be documented as required by the policy. Type of Investment To ensure that the Municipality has a diversified investment portfolio the following restrictions are in place: • Cash is unrestricted and includes the High Interest Savings Account as well as other bank accounts held at chartered banks • Federal debt is unrestricted • Provincial debt is allowed to a maximum of 80 per cent in aggregate • Municipal debt is allowed to a maximum of 35 per cent in aggregate The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 ■ 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 8 of 92 Investment Compliance June 30, 2021 • Financial institution investments are allowed to a maximum of 60 per cent in aggregate and includes bonds, GICs and other eligible investments; note that this is increased to 80 per cent as of July 5, 2021 • Corporate debt is allowed, subject to rating restrictions, to maximum of 10 per cent in aggregate • ONE Investment pools (not including HISA) are allowed to a maximum of 25 per cent in aggregate. TABLE 3 TYPE OF INVESTMENT % of Minimum Maximum Total Funds Total Range Range HISA $ 24,580,949 22.4% 0% 100% Federal Debt - 0.0% 0% 100% Provincial Debt 7,273,267 6.6% 0% 80% Municipal Debt 5,276,571 4.8% 0% 35% Financial Institutions 63,280,570 57.6% 0% 60% Corporate Debt (non -financial) 2,499,594 2.3% 0% 10% ONE Investment Pools 6,942,805 6.3% 0% 25% $ 109,853,756 100.0% As of June 30, 2021, the Municipality was compliant with the restrictions for the investment types as defined in the Municipal Investment Policy. The corporate debt is an Ontario Hydro bond held in the non -development charges reserve funds. Overall, the Municipality is compliant with the Investment Policy as of June 30, 2021. If the newly approved Investment Policy of July 5, 2021 is applied, the Municipality remains in compliance. The one exception is the lack of documentation of the link for investments with maturities 10 to 20 years to a specific future cash flow. It is likely there are several future projects that could be linked to these longer term investments. If you have any questions, please let me know. Name: Catherine Carr Job Title: Internal Audit Manager Financial Services / CAO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 ■ 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 9 of 92 C►arington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Members of the Audit and Accountability Committee From: Trevor Pinn, CPA, CA — Director of Financial Services/Treasurer Date: September 10, 2021 File No.: Re: Upcoming changes to Public Sector Accounting Standards This memo is a technical update on financial reporting standard changes. Financial policies are within the Terms of Reference for the Audit and Accountability Committee; this memo is for informational use. The Municipality of Clarington is required to follow Public Sector Accounting Standards (PSAS) as approved by the Public Sector Accounting Board (PSAB). The PSAB is responsible for developing standards for public sector entities (including public sector not - for -profit organizations) and contributing to the development of international public sector accounting standards. PSAB is independent of CPA Canada, however CPA Canada publishes the accounting handbooks which includes PSAS. From time -to -time PSAB will introduce new or significantly amended changes to PSAS which must be adopted by those organizations that follow PSAS. Typically, the effective dates are for years starting on or after April 1 of a year; this corresponds with the fiscal year of most public sector organizations/governments in Canada. This memo is to provide information to the Members of the Audit and Accountability Committee, about the upcoming financial reporting changes which will impact the financial statements. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 10 of 92 The following table summarizes the changes over the next few years PS 1201 Financial Statement Presentation PS 2601 Foreign Currency Translation PS 3041 Portfolio Investments PS 3450 Financial Instruments PS 3280 Asset Retirement Obligations PS 3400, Revenue PSG-8 Purchased Intangibles Changes to the presentation of financial information including new statements Brings standard for foreign currency translation in line with other accounting standards When PS 2601 and PS 3450 are adopted 2023 (April 1, 2022 or when PS 1201 and PS 3450 are adopted) Updates recognition and When PS 1201, PS 2601 presentation for investments and PS 3450 are adopted Brings standards in place in other frameworks for recognition, presentation, and disclosure of financial instruments Recognition, disclosure, and presentation standards for liabilities upon the retirement of an asset Clarifies recognition criteria for revenues where there isn't already guidance Provides guidance on the measurement and recognition of purchased intangible assets 2023 (April 1, 2022 or when PS 1201 and PS 2601 are adopted) 2023 (April 1, 2022 or earlier if desired) 2024 (April 1, 2023 or earlier) 2024 (April 1, 2023 or earlier) The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 of 92 Fiscal Year 2023 The following pronouncements are effective for years beginning on or after April 1, 2022, making them applicable to the Municipality's 2023 fiscal year. Early adoption of these standards is permitted; however, the Financial Statement Presentation, Foreign Currency Translation, Portfolio Investments and Financial Instrument sections must all be adopted together. Financial Statement Presentation, PS 1201 This standard was initially approved in 2011 and has been delayed several times. The significant changes include the creation of a new Statement of Remeasurement Gains and Losses which will be used to present the impacts of financial instruments and other fair value changes. The Statement of Financial Position must report net debt and the accumulated surplus/deficit. Liabilities and financial assets are reported in this statement, with the difference being the net debt (assets). Non -financial assets are shown below the net debt indicator, with the net assets as the bottom line. The layout for this statement is changed in PS 1202. The Statement of Operations reports revenues, other than remeasurement gains, of the accounting period based on the significant types of revenue. Expenses, other than remeasurement expenses, are shown by function or major program. The difference between the revenues and expenses represents the operating surplus/deficit for the year. The accumulated surplus/deficit at the beginning of the year is then reconciled to determine the ending accumulated surplus as shown on the Statement of Financial Position. The Statement of Remeasurement Gains and Losses will report the accumulated remeasurement gains and losses at the beginning of the period, identifying the gains and losses during the period (separately including those that arose during the period and those that were reclassified from the Statement of Operations), any other comprehensive income that arose from Government Business Enterprises (e.g. Elexicon), and the accumulated remeasurement gains and losses at the end of the period. This statement is then removed as part of the adoption of PS 1202. The Statement of Changes in Net Debt reports the extent to which expenditures of the accounting period are met by the revenue recognized in operations for the period. The statement will also show, if any, the change in debt due to remeasurement gains and losses, acquisition of tangible capital assets and other allowable changes. The Statement of Cash Flows shows how a government generated and used cash and cash equivalents during the year. There are no significant changes in this statement. There is clarification that the four areas of the statement include operating, capital, investing and financing activities. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 12 of 92 As this section adds an additional statement and changes some presentation standards that are then amended with the adoption a year or two later by PS 1202, Staff are leaning towards early adopting, if allowed, PS 1202 to provide usable and predictable financial reporting. It is felt that significant changes a short period of time could result in user fatigue or confusion on the meaning of the results of the financial statements. Foreign Currency Translation, PS 2601 This new standard is a result of the new Financial Instruments section and changes to Financial Statement Presentation (resulting in the new PS 1201). The new standard eliminates the deferral of gains and losses arising on the translation of long-term monetary assets and liabilities; and requires gains and losses, on the translation of foreign denominated balances that have yet to be settled to be reported as remeasurement gains and losses. This standard excludes remeasurement gains and losses from the statement of operations and will include it in PS 1201 under the Statement of Remeasurement Gains and Losses. The use of Hedge Accounting is no longer supported for financial statement reporting and presentation. The Municipality does not typically hold long-term foreign currency assets and liabilities, it is not anticipated that this will result in significant changes outside of presentation and disclosure changes. Portfolio Investments, PS 3041 Approved in June 2011, this section was created as a result of the adoption of the Financial Instruments standard. This standard removes the distinction between temporary and portfolio investments. When temporary investments are not cash equivalents, as defined in Financial Statement Presentation standards, they are accounted for as portfolio investments. For the Municipality, investments maturing greater than 90 days would be considered portfolio investments. The second change is that the section no longer excludes pooled investment funds from its scope. For the Municipality this would bring the investments held through the ONE Investment Inc into this standard. These pooled investments would then be subject to disclosure, presentation, and measurement standards in PS 3450 as well as PS 3041. Pooled investments which investments may be treated as equity investments as we have an interest in the distributed income and residual interest. Portfolio investments are investments in organizations that do not form part of the government reporting entity, are not investments in government business enterprises or loans receivable. They are initially recognized at amortized cost. Portfolio investments will be separately reported on the statement of financial position with income separately reported on the statement of operations. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 13 of 92 Financial Instruments, PS 3450 Approved in March 2011, this section has been deferred multiple times, it is currently required to be adopted April 1, 2022 which would therefore be applicable to the Municipality's 2023 fiscal year. This standard sets out how to account for and report all types of financial instruments, including derivatives. Financial instruments include primary instruments (receivables, payables, equity instruments) and derivative financial instruments (financial options, futures, forwards, interest rate swaps and currency swaps). Major changes include the use of fair value for investments, historically most investments were at cost unless they were impaired. Derivatives and portfolio investments in equity instruments that are quoted in an active market should be included in the fair value category of financial instruments. Changes in fair value will be included in the Statement of Remeasurement Gains and Losses, or equivalent. There will also be increased disclosure and presentation of financial risks (credit, liquidity, market and other) and management of them, use of derivatives, determination of fair value. Asset Retirement Obligations, PS 3280 This is a new accounting standard which will deal specifically with asset retirement obligations. An asset retirement obligation is a legal obligation associated with the retirement of a tangible capital asset. The tangible capital assets which are included in this section are controlled by the public sector, in productive use, or no longer in productive use and will include leased tangible capital assets. The scope of this section does not include contaminated sites (PS 3260), routine replacement, improper use, unexpected events, alternative uses, or waste and by-products. For the Municipality, the common occurrence will be as a result of solid waste landfill closure and post closure liabilities (currently part of PS 3270), or asbestos in our tangible capital assets. Any asset that we own, where there will be a cost to retire/demolish/restore the asset after its use could have a liability and a cost associated with it. An asset retirement obligation is recognized when the following is true: • There is a legal obligation to incur retirement costs • The past transaction giving rise to the liability has occurred • It is expected future economic benefits will be given up; and • A reasonable estimate of the amount can be made This standard will have a significant impact on the financial position of the Municipality as well as added presentation and disclosure information. It is anticipated that there will be liabilities added to the Statement of Financial Position related to AROs for buildings and potentially road work. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 14 of 92 Fiscal Year 2024 These pronouncements are effective for years beginning on or after April 1, 2023 which make them applicable to the Municipality's 2024 fiscal year. Early adoption is permitted, in the case of PSG-8 early adoption is encouraged. Revenue, PS 3400 Public sector entities receive many types of revenue, including some that are unique to the public sector (fines, penalties, taxes). Prior to PS 3400 being issued there was no overarching standard to address the common types of revenue in the public sector. Most policies for recognition have been based on first principles within Section PS 1150 Generally Accepted Accounting Principles and Financial Statement Concepts PS 1000. This new standard establishes reporting and accounting standards for revenue and does not replace existing standards that provide guidance on recognition such as Tax Revenue PS 3510 or Government Transfers PS 3410 which are already existing. Revenue from investments or financial instruments are covered in the corresponding sections. This is a principle -based standard due to the variety of revenue streams that public -sector entities may have. The section defines exchange transactions (where there is a good or service provided for consideration), performance obligation (an enforceable promise to provide a specific good or service), transaction price (the amount of consideration the public sector entity expects to receive for the exchange) and non -exchange transaction (a transaction or event where there is no direct transfer of good or service to the payor). If there is a performance obligation on the part of the Municipality the revenue will be recognized when (or as) the obligation is met. For example, if there is an annual pass to a fitness centre the revenue will be recognized during the year. If there are no performance obligations (for example a parking fine), the revenue is recognized when the entity has the authority to claim or retain the economic resource (money or receivable) and the event occurred. This is the current process. The standard provides examples • Performance Obligation Satisfied Over a Period of Time o a park pass, continuing education course, wireless spectrum license • Performance obligation at a specific point in time o Driver's license • Multiple performance obligations o Sale of a tangible capital asset with servicing o Building permit • Hybrid transactions o Admission fee and donation • Variable consideration The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 15 of 92 o Advertising o Early delivery bonus Staff will be using these examples and reviewing our current recognition practices to ensure that we are compliant. At this time, we do not anticipate significant changes as a result of this accounting standard. Purchased Intangibles, PSG-8 The following is a public sector guideline, it is not a standard. Guidelines are considered Generally Accepted Accounting Practices (GAAP) and the Municipality will consider these guidelines when looking at accounting treatment. Purchased intangibles are non -monetary economic resources without physical substance acquired through an arm's length exchange transaction. For PSAB purposes, software is accounted for through Tangible Capital Assets PS3150 while those acquired as part of a public private partnership arrangement are accounted for in accordance with Public Private Partnerships PS 3160. Purchase premiums on the acquisition of a government organization are accounted for under Investments in Government Business Enterprises (PS 3070) or Additional Areas of Consolidation PS 2510. Purchased intangibles are recognized as assets in financial statements provided, they meet the asset definition and general recognition criteria in Financial Statement Concepts PS1000 (in accounting speak, PS1000 is "first principles" if it doesn't meet the basic definition of an asset or liability in that section then it isn't an asset or liability). Purchased intangibles will be treated as a non -financial asset, similar to the current treatment of software in TCA. These guidelines already form the basis for many of the decisions that Staff make, and early adoption is reasonable. It is not expected to impact the financial statements or other financial decisions that we are making. Software is likely the biggest implication for us, with the movement to cloud -based software the costs are likely to be expensed in the future as there is no ownership of the software and the costs are more subscription based. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 16 of 92 Exposure Drafts Exposure Drafts are proposals by PSAB for new standards or guidelines as well as revisions (both major and minor) to existing standards. The following is taken from the FRAS Canada website. Employee Benefits, PS 3251 (Open for Comment) This exposure draft was released in July 2021 and will be open for comment until November 25, 2021. The current standards on retirement benefits, post -employment benefits, compensated absences, and termination benefits, were developed over 20 years ago. These standards are no longer reflective of the current accounting world or the evolution of pension plans over that period of time. This exposure draft focuses on deferral provisions and discount rate guidance. A multi- phase strategy has been adopted by PSAB with regards to developing new standards for employee benefits. The International Public Sector Accounting Standard (IPSAS) 39 will be a starting point for the development of the new Canadian standard. Financial Statement Presentation, PS 1202 This is an exposure draft which will replace the existing standard PS 1201, which has yet to be adopted by the Municipality. The "existing standard" PS 1201 will be adopted no later than the 2023 fiscal year, the proposed PS 1202 will be adopted (as currently proposed) for the Municipality's 2025 fiscal year. The proposed reporting model would include the following: • Statement of Financial Position • Statement of Net Financial Assets or Net Financial Liabilities (New) • Statement of Operations • Statement of Changes in Net Assets or Net Liabilities (New) • Statement of Cash Flow • Accompanying notes and schedules The Statement of Remeasurement Gains and Losses which will be introduced in PS 1201, it is currently not a required statement, is proposed to be removed under PS 1202. The Statement of Net Debt has been removed however the information may be included on the Statement of Net Financial Assets or Net Financial Liabilities. ■ The new reporting model is expected to allow the financial position of the entity to be better understandable, as it only comprises assets and liabilities. This new model does not include deferred inflows and outflows or two bottom lines which are included in the PS 1201 standard. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 17 of 92 Staff are considering early adoption of this standard rather than adoption of PS 1201 as it does not make sense to show users of the financial statements three different models of presentation in a four-year period. It is a lot of work for staff to revise the statements and ensure proper linkages to our accounting system for a two-year benefit. Conceptual Framework for Financial Reporting in the Public Sector As a standard setter, PSAB routinely looks at its conceptual framework to determine if it is still relevant and meeting the needs of stakeholders. Work on the conceptual framework has been underway since 2011. The proposed conceptual framework includes 10 chapters and is the foundation for how PSAB will create new or revised standards in the future. This framework touches on areas of accounting which cannot be properly articulated in a short memo, if members of committee are interested, I would be willing to meet individually, or present at a future meeting, on the topic. Consequential Amendments Arising from the Proposed Conceptual Framework This is a separate exposure draft where PSAB proposes consequential amendments to other sections of the CPA Canada Public Sector Accounting (PSA) Handbook resulting from the new Conceptual Framework. Consequential Amendments Arising from the Financial Statement Presentation Standard (Proposed PS 1202) - This is a separate exposure draft where PSAB proposes consequential amendments to other sections of the CPA Canada Public Sector Accounting (PSA) Handbook resulting from the new PS 1202 adoption. Changes include housekeeping amendments based on new terminology. Public Private Partnerships (Proposed PS 3160) There are a wide variety of practices used in Canada for accounting for public private partnerships. This project looks to enhance the consistency and comparability of information reported in financial statements for infrastructure acquired through public private partnership procurement methods. This exposure draft, if approved, would apply starting in 2023 (April 1, 2022 or later). The main features are as follows: • P3 infrastructure is procured by the public sector entity using a private sector partner that is obligated to design, build, acquire or better; finance; and operate and/or maintain the infrastructure • P3 infrastructure is recognized as an asset when the public sector entity acquires control of the infrastructure. A liability is recognized when the P3 recognizes an asset. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net 0 Page 18 of 92 The liability may be a financial liability, a performance obligation, or a combination of both • An infrastructure asset acquired in an exchange transaction is recorded at its cost, which should be the fair market value at the initial measurement date, the liability is also measured at the cost of the infrastructure asset • Subsequent measurement of the asset is based on the asset cost amortized in a rational and systematic manner over the useful life of the asset • Subsequent measurement of the financial liability would reflect the P3's payment to settle the liability as well as the finance charges being passed on to the public sector entity through the P3 agreement • For subsequent measurement of the performance obligations, the revenues should be recognized, and the liability reduced in accordance with the substance of the P3 agreement An operating and maintenance contract is not included in the above scope. These would continue to be expensed over the life of the service contract in accordance with the definitions of expenses and liabilities. The Municipality would be impacted by this standard on the creation of any infrastructure, for example a community centre, where the private sector designs, builds, acquires, or betters new or existing infrastructure. Narrow Scope Amendments Foreign Exchange Narrow Scope Amendments Narrow -scope amendments are being proposed to allow all public sector entities to make an accounting policy election to recognize exchange gains and losses, including the gain or loss component of changes in fair value, directly in the statement of operations. The proposed election would be available for any financial asset or financial liability arising from a foreign currency transaction. Financial Instruments Presentation Narrow Scope Amendments The proposals clarify that the remeasurement impact of derivatives may be presented separately on the statement of change in net debt. Other minor presentation amendments have also been included. Financial Instruments Narrow Scope Amendments The proposed revision to the treatment of debt buybacks will affect how the annual surplus/deficit is calculated. This is because transactions that previously would have been considered extinguishments will no longer be treated as such. This will also affect the presentation of assets and liabilities on the balance sheet. It will not affect net debt. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 19 of 92 Purchased Intangibles Narrow Scope Amendments This draft proposes to remove the exclusion in the conceptual framework prohibiting the recognition of purchased intangibles in the financial statements. The proposal is limited to intangibles purchased through an exchange transaction. Removing the recognition prohibition would address an imbalance, mainly for Indigenous governments, where debt financing for an intangible asset is recognized on the Statement of Financial Position (balance sheet) but the related asset is not. The proposal may have implications for other public sector entities that purchase intangibles. Conclusion Staff are monitoring the changes in accounting standards and taking proactive steps to comment as standards change to provide feedback to PSAB on the impacts these proposed changes will have. Staff will be looking to early adopt, as appropriate, these standards. Until the new PS 1202 is approved, the standards to be adopted in 2023 which would require the adoption of PS 1201 will not be early adopted. Staff feel that it makes the most sense to avoid the adoption of PS 1201 and move directly to PS 1202 as it would create the least impact on users of the statement as well as the preparers of the statement. If there are any questions to the above, please let me know. ,�� (�—te—Larj Trevor Pinn, CPA, CA Director of Financial Services/Treasurer Financial Services Department cc: Andrew Allison - CAO Michelle Pick, CPA, CGA — Accounting Services Manager/Deputy Treasurer Erika Watson, CAMP — Asset Management and Development Financing Manager Catherine Carr — Internal Audit Manager The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 20 of 92 Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Audit and Accountability Committee Date of Meeting: September 28, 2021 Report Number: IAS-003-21 Submitted By: Trevor Pinn, Director of Financial Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: [If applicable, enter File Number] Resolution#: Report Subject: Financial Update as at June 30, 2021 Recommendation: 1. That Report IAS-003-21 be received for information. Page 21 of 92 Municipality of Clarington Report IAS-003-21 Report Overview The COVID-19 pandemic has had a lasting impact on the Municipality of Clarington. It has changed the way in which we provide services (a strong movement towards online services), work, and live. The Municipality's most significant financial impact has been the reduction of services in Community Services. This continued to affect revenues in the first two quarters of 2021 as the second (December to February) and third lock -downs (April to July) impacted our ability to provide services and have facilities opened. The attached report provides information on the variances by service area with anecdotal commentary where appropriate. 1. Background 1.1 The Budget Policy outlines a requirement for the Treasurer to report to Council on a quarterly basis each year starting with the second quarter. This report fulfills that reporting requirement. 1.2 To improve the usefulness of the information, and consistency of format with the annual budget, the quarterly report is attached to this report as Attachment 1. Each department is broken down by sub -department with the expenses grouped together like the requirements for financial reporting and the annual budget. 1.3 Where there are key variances, these have been identified and are expanded upon for Committee's, and the public's, information. 1.4 This report is solely for operating expenses. Finance will be reporting separately on the capital budget. The capital budget will be reported on semi-annually, once in the fall which captures the "construction season" to September 30, and once in the spring which summarizes the prior year's activities. 2. Impact of COVID-19 2.1 Where appropriate, the impact of COVID-19 has been identified and discussed in Attachment 1. 2.2 Overall, the greatest impact from COVID-19 has been on our Community Services Department. Public health measures and Provincial orders have resulted in disruptions to programming and facility services. The Municipality mitigated these disruptions through staffing reductions in the affected areas. 2.3 The Municipality took steps to provide financial support to taxpayers through flexible payment arrangements for taxes, deferral programs and financial support to Page 22 of 92 Municipality of Clarington Report IAS-003-21 businesses (CIP). There does not appear to be a significant impairment in our tax receivable and we have not received requests for assistance outside of the normal levels of request. 2.4 The Municipality has been diligent in applying for, and has been successful, grants offered by various organizations for both capital and operating funds. Staff continue to seek out and apply for grant opportunities for the benefit of our community and its residents. 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that the report be received for information. Staff Contact: Trevor Pinn, Director of Financial Services/Treasurer, 905-623-3379 ext.2602 or tpinn@clarington.net. Attachments: Attachment 1 — Financial Update for the Period Ending June 30, 2021 Interested Parties: There are no interested parties to be notified of Council's decision. Page 23 of 92 Financial Update as at June 30, 2021 '00 Financial Update for the period ending June 30, 2021 (unaudited) This report provides an update on the Municipality of Clarington's financial activity through the first and second quarter of 2021. In previous iterations of this report, the financial activity has been presented to compare year to date actuals from the first prior year and current budget to actual analysis. In 2021, year-to-year comparison do not provide any relevant information as there have been significant department reorganizations and impactful COVID-19 effects. This report will continue to provide a financial overview of budget variances as of June 30, 2021, focusing on the variances to the current year's budget. Essential non -financial functions of the Municipality, such as service level achievements or deficits within the reported quarter, a review of COVID-19 impacts and department initiatives will also be identified. COVID-19 Implications COVID-19 continued to impact business operations in the first and second quarters of 2021. Facilities remained closed and programs/events were cancelled with the Province -wide lockdown, operating restrictions and tiered reopening programs. Three reports have been provided in 2021 to Council regarding impact and mitigation plans for COVID-19 and the steps taken to provide financial support to the community. These include: • 2021 COVID-19 Property Tax Deferral Program- FSD-003-21 • 2021 COVID Support for Hall Board- FSD-023-21 • Proposed Amendment to the COVID-19 Community Improvement Plan (CIP)- PDS-034-21 The Province of Ontario and the Government of Canada have opened more funding opportunities for Municipalities to mitigate COVID-19 expenses and pressures. These programs include application -based capital grants as well as formula - Page 25 of 92 based operating grants. The Municipality continues to seek out grant opportunities to mitigate financial impacts to the Municipality as well as provide increased services to our residents Taxes Receivable/Collected The first-quarter tax revenue (Taxes Billed) totalled $47,846,754, which is on trend with prior years. The second quarter saw $90,302,069 in tax revenue (Taxes Billed). We would normally see this amount for the second quarter, with the instalments rolled out on time in 2021. Per Council's direction, the June 2020 instalment of the final tax bill was moved to July 2020 to provide COVID-19 relief to our taxpayers. This tax relief initiative was not reinstated in 2021; however, there were other payment options made available to taxpayers to address COVID-19 financial pressures. Some of which included changes to the pre -authorized payment(PAP) program and creating a Tax Deferral Program. This new program provided qualifying taxpayers with a 60-day extension on the interim tax due dates to assist with cash flow issues resulting from the second wave of COVID-19. The taxes receivable at the end of the second quarter are trending back to normal for this time of the year at $14,889,441. The Municipality has a commercial installment date in August and an installment date for all taxpayers in September. Grants Through Elexicon and Save -ON -Energy's Retrofit program, Clarington received incentive funds for three retrofit projects. Under the program, incentives can be acquired for a variety of energy -efficient measures available in three areas: Lighting, HVAC, and Manufacturing and other equipment. Clarington submitted applications and was approved for lifecycle replacement of air-cooled chiller at MAC, MAC variable frequency drives for energy conservation and lifecycle replacement of electrical controls at Newcastle Memorial Arena. A grant for $7,000 was received from the Department of Canadian Heritage to support Canada Day Events. This year, Clarington collaborated with the Region of Durham and all eight municipalities to provide COVID-19 safe Canada Day Page 26 of 92 celebrations. Some of the events planned included a 3-part virtual show airing on Rogers with a family -specific segment, local musicians and local demonstrations, celebration kits- pancake breakfast, mural mosaic and drivable scavenger hunt, among others. To recognize and pay respect to the victims, survivors and families of those impacted by the discovery of the graves of First Nations children at residential schools, the Region released a statement to cancel the virtual show. Clarington refocused our celebration events with a social media takeover by Mississaugas of Scugog Island First Nation. The supplies for pancake breakfast kits and mural mosaic were repurposed for a separate activity to occur later in the year. The mural tiles, when released to the community, are picked up in a kit which includes the pancake breakfast supplies. Our Tourism division also used some of the pancake kits as a part of their summer "Tourism Pop-Up's," while some were donated to the Clarington East Food Bank. Another installment for the Federation of Canadian Municipalities (FCM) grant was received to support Clarington's participation in the Municipalities for Climate Innovation Program (MCIP). The MCIP supports municipalities in developing a response to climate change that protects residents, the environment and the economy. Funds received from the program are subsidizing the Climate Change Response Coordinator position, working with the Interdepartmental Climate Change Working Group to develop the Clarington Climate Action Plan and other climate initiatives in the Municipality. The Tourism Industry Association of Ontario (TIAO) provided grant funding to the Municipality for local tourism marketing efforts during the first quarter of 2021 to support COVID-19 recovery. As outlined in the report to Council CSD-004-21, the Tourism team started collaborating with Customer Services and Facility Services to create Tourism displays within all of Clarington's recreation facilities. These have been designed and are being installed as an initiative through FedDev Ontario grant. These new displays will provide the visitors to our recreation facilities information on local and regional tourism attractions. In August 2020, the Province of Ontario announced funding for the Safe Restart Program. The Municipality was allocated $903,000 for this program in the first quarter of 2021. Funding under this program provides support for expense and revenue pressures associated with the COVID-19 pandemic. Further funds were made available to Ontario Municipalities Page 27 of 92 in March 2021, under the 2021 Provincial COVID-19 Recovery Funding for Municipalities program. These funds will help municipalities address their 2021 COVID-19 related operating impacts. Clarington will receive two equal instalments with the first instalment received in the second quarter of 2021 in the amount of $866,858. The second installment will be received in the fourth quarter of 2021. These funds will be used to address, for example, shortfalls in revenue from the prolonged closure of facilities, added cost of cleaning and personal protective equipment, financial support of local organizations, including hall boards and arena boards. To increase the accessibility to the Municipality's trails and park network, Community Services applied for the Ministry of Seniors and Accessibility — Inclusive Community Grant Program. The Municipality was successful in its application for $51,716.05 to provide accessible charging stations for mobility devices throughout the community. These infrastructure improvements will allow all residents the ability to visit parks, trails and open spaces which are vital for stress relief, mental and physical health and socializing safely through the restrictions related to COVID-19. Charging stations will be installed at these locations: • Tooley's Mill Park (Courtice) — connection to Farewell Creek Trail • Guildwood Park (Bowmanville) — connection to Soper Creek Trail • Port Darlington East Beach Park (Bowmanville) • Orono Park (Orono) • Orono Town Hall (exterior) (Orono) • Bond Head Parkette (Newcastle) • Samuel Wilmot Trail (Cobbledick entrance) (Newcastle) The initial payment of the Audit and Accountability Funds was received from The Ministry of Municipal Affairs and Housing in the second quarter. Clarington was 1 of 34 municipalities to apply and receive these funds. A customer service review will be performed in 2021 with these funds. Page 28 of 92 During the second quarter of 2021, Clarington received a grant from The Solicitor General and the Fire Safety Grant Program. These funds will be used to purchase electronic training equipment for each fire station to allow for remote training opportunities and reduce the potential risk of spreading COVID-19. Development Charges Collected Residential and non-residential development charges collected as of June 30, 2021, were $6,979,100. As of June 30, 2021, residential municipal development charges collected were $6,625,171 compared to $4,599,750 in 2020. The 2020 Development Charges Background Study forecasted that the Municipality would be collecting approximately 1,135 units in total for 2021, or about 567 units at the end of the second quarter. Development charges have been collected for 370 units as at June 30, 2021. The development charges collected are significantly higher compared to 2020. Staff attribute this increase to the type of residential units. This year has seen the issuance of more single and semi-detached units which have a higher DC fee. At the end of the second quarter our website was updated to include a Growth Trends Review as at year end 2020. This report highlights emerging development -related issues and trends within the Municipality of Clarington. Building permit activity and other related data are indicators of housing and employment activity within Clarington. This report can be found using our website https://www.clarington.net/en/do-business/Growth-Trends-Review.asp Page 29 of 92 Municipality of Clarington - Municipal Development Charges January 1 to June 30, 2021 2021 i RESIDENTIAL Municipal Development Number of Municipal Development Number of Charges Paid Units Charges Paid Units Single/Semi-Detached -New construction $ 3,360,727 162 $ 2,322,094 129 -Additions - - - - Townhouse 3,264,444 208 2,277,656 166 Apartment - - - - TOTAL: $ 6,625,171 370 $ 4,599,750 295 Change in DC paid from prior year: 44.0% Change in DC units from prior year: 25.4% NON-RESIDENTIAL Municipal Development Charges Paid Municipal Development Charges Paid Commercial -New construction $ 353,929 $ 4,128 -Additions - - Industrial -New construction - 334,484 -Additions - - Agricultural - - Government - - Institutional - - TOTAL: $ 353,929 $ 338,612 Change in DC paid from prior year: 4.5% Page 30 of 92 Municipal Development Charge Incentives In the 2015 Development Charges By-law 2015-035, there were several incentives to encourage development in Clarington. These incentives mainly relate to multi -residential, commercial and industrial development. Since July 2015, there has been a total of $1,555,277 in development charge incentives given to 15 properties. The split is approximately 37% and 63% between residential and non-residential properties, respectively. Note that discretionary incentives are required to be covered by the Municipality's tax base. The 2020 Development Charges Study, passed in 2021, removed specific incentives that were considered not widely used or no longer required due to legislative changes. There have been no new incentives given in 2021 as of June 30, 2021. Property.- 2015 2016 2017i of Total Mid -Rise Residential $ - $ 413,822 $ - $ - $- $ 413,822 Revitalization, Mixed Use 157,840 157,840 Residential - 413,822 157,840 - - 571,662 37% Medical Exemption 110,671 110,671 Revitalization, Small 3,636 938 974 5,548 Business Existing Industrial 22,983 22,983 Development Conversion Residential to 15,985 15,985 Commercial New Industrial Development 102,718 652,823 755,541 Revitalization, Mixed Use 72,886 72,886 Non -Residential 114,307 39,906 176,578 652,823 - 983,614 63% Total $ 114,307 $ 453,728 $ 334,418 $ 652,823 - $1,555,277 100% Page 31 of 92 Staffing Updates There was 624 staff (not including those on leave) as of June 30, 2021. Prior to COVID-19, there were 809 employees including Mayor and Council (7), temporary staff, volunteer firefighters and employees on leave (this does not include Library or Museum). As a result of COVID-19, 102 part-time staff (including crossing guards) were placed on an Infectious Disease Emergency Leave (IDEL) as our facilities and schools were closed through the first and second quarters. There were four retirements from January to June 2021. Page 32 of 92 Municipal Operating Revenues and Expenses Overview - Financial Results This financial update report focuses on overall (unaudited) budget variances for the period ending June 30, 2021. The reporting has expanded to show budget to actual variances by sub -department. The department summaries indicate the status of the Municipality's operating accounts compared to the approved budget as of June 30, 2021. Many of the operations of the Municipality are impacted by seasonal trends such as ice rentals and winter control. The timing of other activities can fluctuate from year to year, such as legal and planning revenues. To best capture the trends, the budget is allocated monthly based on the prior year's actual monthly distribution. In cases where there is no previous history, the monthly allocation is divided equally over the twelve months. Due to timing differences, variations from quarter -to -quarter and year-to-year exist. Therefore, this statement cannot be used in isolation, nor can it be easily extrapolated to predict the whole year's activities. Each department is responsible for its budget. To assist management, monthly trial balances are sent by the Financial Services Department to each department for regular review. The Summary of Operating Revenues and Expenditures compares the Municipality's budget to actual transactions as of June 30, 2021, reflecting financial activity through the first and second quarters of 2021. The tables below reflect the Municipality's operating budget only and exclude the year-to-date financial activities of the library, museum and BIA's. Page 33 of 92 2021 121 2021 2021• . Actuals Budget Unassigned $ (9,769) $ 0 $ 0 Non -Departmental Accounts (66,280,373) (70,000,671) (79,044,602) 16.1 Mayor and Council 341,780 415,018 810,336 57.8% Office of the CAO 950,744 1,035,749 1,755,525 45.8% Legislative Services 1,765,931 2,776,840 4,985,589 64.6% Financial Services 3,240,127 5,016,730 7,325,502 55.8% Emergency and Fire Services 6,413,420 7,022,866 13,524,026 52.6% Public Works 14,987,319 17,236,924 27,448,416 45.4% Community Services 8,275,632 8,229,215 13,914,614 40.5% Planning and Development Services 1,237,533 3,260,520 4,474,072 72.3% Levies (34,167,085) (63,058,164) 0 0.0% BIAs 213,439 213,439 0 0.0% Libraries/Museums 3,914,674 1,537,361 3,671,599 -6.6% Culture 216,099 212,466 219,366 1.5% External Agencies 803,557 915,557 915,557 12.2% Total Municipality of Clarington $ (58,094,683) $ (85,186,150) $ 0 Page 34 of 92 Revenue and Expense Categories Revenues and expenses are categorized based on their purpose and similarities. Revenues Estimated taxation, supplementary taxation, and payments -in -lieu of taxation received. These funds are collected on behalf of the Region of Durham, the Province of Ontario or a school board and are remitted to the specific agency. ,rovincial Grants and Subsidies Grants received from the Province of Ontario for specific functions such as the Ontario Community Infrastructure Fund or specific grant projects. ,=ederal Grants and Subsidies Grants received from the Government of Canada for specific functions such as the Federal Gas Tax Fund or specific grant projects. User Fees Fees for services include facility rentals, cemetery fees, application for planning and building permits, and recreational programming. Licensing and Lease Revenue Licensing fees such as taxi licensing and lease revenues for the long-term lease of municipal facilities and property. Investment Income All investment income earned by the Municipality through its investment holdings, bank account balances and investment in Elexicon. Contributions from Reserves Contributions from reserves and reserve funds for specific purposes, as identified within the budget. This is an internal source of funding and may be originally sourced from taxation, grants or user fees. Other Revenues Any revenue that is not otherwise categorized. Page 35 of 92 Expenses Salaries and BenefitE, Compensation for all employees such as salaries, wages, benefits, overtime, allowances and statutory benefits. Materials Includes items such as office supplies, salt and sand, gravel, insurance costs, phone costs and other general expenses. Rent and Financial Costs Bank charges, debit and credit card charges, cost of rental equipment and facility rentals for the Municipality Purchase/Contracted Services Items that are outsourced, such as professional services, winter clearing and IT software as a service. Debt Repayment Interest on debt repayments to external parties Grants and Transfer Payments Grants provided to community groups, external boards and agencies and levies from other organizations. Contributions to Reserves and Reserve Funds Contributions from the general fund for the Municipality's reserves and reserve fund Page 36 of 92 Mayor and Council 100 Mayor Expenditures Salaries, Wages & Benefits $ 120,000 $ 125,927 $ 249,108 51.8% Materials & Supplies 5,226 34,112 59,341 91.2% 105 Council Expenditures Salaries, Wages & Benefits 203,728 216,052 430,517 52.7% Materials & Supplies 381 5,675 9,070 95.8% 106 Ward Council Expenditures Materials & Supplies 7,136 20,300 38,300 81.4% 107 Regional Council Expenditures Materials & Supplies 5,309 12,952 24,000 77.9% Total Mayor & Council $ 341,780 $ 415,018 1 $ 810,336 57.8% Highlights There were no items of interest to highlight for the period ending June 30, 2021 for the Mayor and Council departments. Page 37 of 92 Administration Total Description YTD YTD Final Unexpended BudgetActuals ..- 000 Unassigned Expenditures Materials & Supplies $ 374,367 $ 377,418 $ 377,418 0.8% 130 Admin Expenditures Salaries, Wages & Benefits 228,310 287,871 562,256 59.4% Materials & Supplies 7,737 15,608 56,425 86.3% Contracted Services 458 375 30,000 98.5% 170 Communication Revenue User Charges 0 (15,000) (15,000) 100% Expenditures Salaries, Wages & Benefits 262,735 296,643 584,601 55.1 % Materials & Supplies 38,621 40,411 104,400 63.0% Contracted Services 27,257 38,438 55,425 50.8% 385 Environmental Revenue User Charges (44,603) (45,156) (83,500) 46.6% Expenditures Materials & Supplies 4,286 3,500 3,500 -22.5% Contracted Services 51,576 35,641 80,000 35.5% Total Administrator's Office $ 950,744 $ 1,035,749 $ 1,755,525 45.8% Page 38 of 92 Highlights Communication The Communication division is working on the website refresh. The new website will be launching in mid to late September 2021. There is no budget for Communications Wages Temp PT but there was a need to create a position for the P/T screening staff. This position currently falls under the Office of the CAO. Although this position was not budgeted, we will be able to use funds from COVID-19 Safe Restart Grant as it was a direct cost related to responding to COVID-19 public health measures. Environmental Materials and Supplies are over budget by $786 (22.5%), this is due to advertising which is not recoverable by Canadian Nuclear Laboratories (CNL). Page 39 of 92 Legislative Services 130 Admin Revenue User Charges $ (69,344) $ (65,572) $ (122,800) 43.5% Expenditures Salaries, Wages & Benefits 422,176 511,366 1,008,646 58.1 % Materials & Supplies 30,723 41,549 86,010 64.3% Contracted Services 4,035 5,010 10,800 62.6% Transfers from RES / RF / CAP Fund 73,500 68,548 73,500 0.0% 160 HR/Payroll Expenditures Salaries, Wages & Benefits 358,695 846,763 1,437,829 75.1 % Materials & Supplies 2,669 7,896 12,600 78.8% Contracted Services 12,906 27,987 82,000 84.3% Rents/Financial Expenses 43,809 78,345 140,000 68.7% 165 Health & Safety Expenditures Materials & Supplies 13,655 10,953 23,075 40.8% Contracted Services 0 12,000 12,000 100.0% Transfers from RES / RF / CAP Fund 2,500 2,500 2,500 0.0% 190 Animal Services Revenue User Charges (34,374) (42,424) (87,800) 60.8% Expenditures Salaries, Wages & Benefits 187,689 225,935 447,579 58.1 % Page 40 of 92 Materials & Supplies 21,097 32,476 67,925 68.9% Contracted Services 31,134 26,025 59,000 47.2% Transfers from RES / RF / CAP Fund 10,000 6,565 10,000 0.0% 191 Municipal Law Enforcement Revenue User Charges (14,656) (23,381) (28,000) 47.7% Fines/Penalties on Interest (3,676) (11,577) (25,000) 85.3% Expenditures Salaries, Wages & Benefits 420,841 449,910 885,842 52.5% Materials & Supplies 4,441 8,705 21,000 78.9% Contracted Services 17,280 34,706 54,100 68.1% 192 Parking Enforcement Revenue User Charges 0 (30,707) (80,000) 100.0% Fines/Penalties on Interest 45 (78,663) (250,000) 100.0% Expenditures Salaries, Wages & Benefits 195,439 207,873 416,963 53.1 % Materials & Supplies 3,705 9,454 24,840 85.1 % Contracted Services 8,546 4,617 10,000 14.5% Rents/Financial Expenses 3,519 3,336 10,000 64.8% Transfers from RES / RF / CAP Fund 330,000 109,090 330,000 0.0% 193 Election Expenditures Contracted Services 3,943 4,000 4,000 1.4% Transfers from RES / RF / CAP Fund 125,000 125,000 125,000 0.0% Page 41 of 92 194 Legislative Services Revenue User Charges (66,689) (26,790) (58,000) -15.0% Expenditures Salaries, Wages & Benefits 193,748 186,955 365,730 47.0% Materials & Supplies 10,798 22,055 37,800 71.4% Contracted Services 0 43,476 75,000 100.0% 230 Grants Revenue Grants (13,571) (527) (22,000) 38.3% 250 Contributions Revenue Transfer between Funds (461,803) (461,803) (461,803) 0.0% 326 Cemetery Revenue User Charges (110,120) (72,808) (208,100) 47.08% Expenditures Materials & Supplies 0 1,800 1,800 100.00% 388 Fleet Expenditures Materials & Supplies 8,271 16,194 31,750 73.9% Total Legislative Services $ 1,765,931 $ 2,315,037 $ 4,523,786 64.6% Highlights Clerk's (Administration) In the first quarter, with the Provincial restrictions put in place, our process changed to offer services (ceremonies and licenses) to Clarington residents only to avoid travel between regions. During the second quarter lockdown, booking ceremonies ended. With easing of restrictions from the April lockdown, marriage ceremonies are picking up now and ceremony proceedings have opened back up to all Durham Region residents. Page 42 of 92 With COVID-19 mitigation efforts in effect, many events, contracts and programs were cancelled. Refunds for Bingo License Fee, reduced spending on travel and delays on contract fulfillment were seen through the first and second quarters of 2021. With the upcoming transition to SharePoint, the funds from the Records Retention account to upgrade Laserfiche will be reallocated. Staff anticipates there being some funds used for scanning between now and the end of 2021. Health and Safety Professional Fees for workplace and audiometric testing have been postponed due to COVID-19. It has been rescheduled for the fall of 2021. COVID-19 has impacted the training opportunities for Health and Safety (i.e. annual training day, refreshers and certifications). As the COVID-19 restrictions lesson, this will hopefully change in the remainder of 2021. Miscellaneous Operating Supply account is slightly over budget for additional COVID-19 supplies including masks, protective eyewear, etc. These additional costs are able to be covered by the Provincial Safe Restart and COVID-19 Recovery grants, the allocation of these funds will be determined at year-end once the complete financial picture of the impact of COVID-19 is available. Health and Safety books were required to be provided to all members of the Health and Safety committee plus those in supervisory positions. This is the reason the Books and Periodicals account is slightly over budget, each year funds are carried over to smooth the expense of these legislated books. Human Resources Consulting and Professional Fees had certain expenditures put on hold due to COVID-19. As the COVID-19 restrictions lesson, this will hopefully change in the remainder of 2021. Page 43 of 92 Animal Services Cleaning Supplies expenses are higher than we have seen in the past due to large price increases of cleaning products. Similarly, with the increase of cleaners required from two days to five days a week, the Janitorial Control expenses are nearing the budget limit. There were also several invoices for 2020 received late and paid in 2021. Legislative Services The Planning Department is processing more developments which has created more agreements and thus the revenues flowing through the Plan Agreement Fee account have increased Parking Enforcement Parking enforcement ticket and meter revenues were collected in the amount of $101,912 and $40,272 respectively. The accounting entry will be done to be reallocate the revenues to the General Fund accounts from the appropriate Reserve Fund in the third quarterof 2021. Cemetery We are continuing to see higher than budgeted revenues in Bond Head Cemetery. This is due to sales of a new columbarium installed three years ago. Staff also attribute the increase to a population increase in the area, and people are purchasing graves near their hometown. Page 44 of 92 Financial Services and Unclassified Administration 000 Unassigned Revenue Fines/Penalties on Interest $ 6,982 $ (6,374) $ (15,000) 146.5% 130 Admin Revenue User Charges (71,398) (63,157) (200,000) 64.3% Fines/Penalties on Interest (747,327) (700,002) (1,400,000) 46.6% 140 Internal Audit Expenditures Salaries, Wages & Benefits 77,076 79,424 154,743 50.2% Materials & Supplies 0 150 300 100.0% 162 IT Expenditures Salaries, Wages & Benefits 688,043 762,548 1,497,831 54.1 % Materials & Supplies 4,843 3,600 8,200 40.9% Contracted Services 4,293 3,610 15,000 71.4% Transfers from RES / RF / CAP Fund 300,600 300,600 300,600 0.0% Reclass: CF (NON-TCA) to GF 497,472 427,850 600,000 17.1 % 210 Finance Admin Expenditures Salaries, Wages & Benefits 1,418,665 1,561,793 3,082,732 54.0% Materials & Supplies 54,825 47,806 101,190 45.8% Contracted Services 45,018 31,145 54,000 16.6% Page 45 of 92 Highlights Unassigned The Fines/Penalties on Interest section of the Unassigned sub -department is sitting with a debit balance at the end of the second quarter. The biggest contributor to this is the reversal of a 2020 duplicate invoice and the related reversal of the finance charges applied in error. This is a one-time occurrence and has now been rectified. IT During the first half of the year, the Municipality converted existing phone jacks to data jacks. This conversion will allow the Municipality to accommodate additional staff in existing work spaces. The Planning and Development Services Department, IT division and part of Fire Station 1 have been converted to allow for these additional staff. Page 46 of 92 Emergency and Fire Services 130 Admin Revenue User Charges $ (259,245) $ (66,976) $ (115,000) -125.4% Expenditures Salaries, Wages & Benefits 452,945 496,279 958,880 52.8% Materials & Supplies 85,701 112,650 234,050 63.4% External Transfers to Others 7,750 1,200 10,000 22.5% Transfers from RES / RF / CAP Fund 637,500 637,500 637,500 0.0% 280 Fire Prevention Revenue User Charges (8,977) (40,590) (44,500) 79.8% Expenditures Salaries, Wages & Benefits 374,851 408,482 796,825 53.0% Materials & Supplies 1,904 3,250 45,000 95.8% Contracted Services 0 1,000 1,000 100.0% 281 Fire Suppression Expenditures Salaries, Wages & Benefits 4,163,352 4,419,895 8,634,223 51.8% Materials & Supplies 33,864 21,744 90,000 62.4% Contracted Services 25,380 22,867 80,000 68.3% 282 Fire Training/Technical Support Expenditures Salaries, Wages & Benefits 132,377 187,433 364,141 63.6% Materials & Supplies 547 2,283 6,500 91.6% Page 47 of 92 2021 20211 1 • . Description YTD YTD Final Unexpended Actuals Budget Budget', 283 Fire Communication Expenditures Contracted Services 296,010 290,985 623,000 52.5% 284 Fire Mechanical Expenditures Materials & Supplies 32,388 54,845 115,000 71.8% 285 All Stations - P/T Admin Expenditures Salaries, Wages & Benefits 346,934 442,083 865,215 59.9% Materials & Supplies 16,059 24,549 46,700 65.6% Contracted Services 4,684 1,234 6,500 27.9% 286 Municipal Emergency Measures Revenue User Charges 0 (10,000) (10,000) 100.0% Expenditures Materials & Supplies 1,092 17,591 26,950 95.9% Contracted Services 0 5,000 5,000 100.0% 287 Mechanical Technical Support Expenditures Salaries, Wages & Benefits 68,304 75,413 147,042 53.5% Total Emergency and Fire Services $ 6,413,420 $ 7,108,717 $ 13,524,026 52.6% Page 48 of 92 Highlights Administration User charges include an invoice to OPG for the 2021 annual payment as per the Memorandum of Understanding with the Municipality of Clarington and OPG. There was a vacancy in the Administration sub -department with a retirement which would account for some of the lower than expected Salaries, Wages & Benefits expenses for this time of the year. Fire Training/Technical Support There was a vacancy in the Fire Training sub -department with a retirement which would account for some of the lower than expected Salaries, Wages & Benefits expenses for this time of the year. Fire Prevention The cancellation of the Junior Firefighter Program, as a result of COVID-19, will result in unspent student wages in 2021.The Municipality is anticipating being able to run the program in 2022, in accordance with public health guidelines in place at that time. Page 49 of 92 Public Works 000 Unassigned Revenue User Charges $ (34,010) $ (166,315) $ (209,300) 83.8% Expenditures Salaries, Wages & Benefits 1,464 1,681 3,000 51.2% Materials & Supplies 47,930 21,865 90,834 47.2% Contracted Services 1,400 180 1,000 -40.0% 130 Admin Revenue User Charges (165,015) (151,225) (310,800) 46.9% Expenditures Salaries, Wages & Benefits 2,487,360 2,700,810 5,286,990 53.0% Materials & Supplies 36,949 50,153 109,050 66.1% Contracted Services 9,546 225,719 226,000 95.8% Debt Services (Principle and Interest paid) 481,928 546,623 546,623 11.8% Transfers from RES / RF / CAP Fund 5,723,536 5,723,536 5,723,536 0.0% 250 Contributions Revenue Transfer between Funds (495,000) (495,000) (495,000) 0.0% 324 Street Lighting Revenue User Charges (3,319) (921) (15,000) 77.9% Expenditures Materials & Supplies 240,798 335,251 700,000 65.6% Page 50 of 92 Contracted Services 102,456 119,434 280,000 63.4% Debt Services (Principle and Interest paid) (21,214) 0 219,670 109.7% Transfers from RES / RF / CAP Fund 100,000 100,000 100,000 0.0% 325 Parks Expenditures Salaries, Wages & Benefits 602,718 603,708 1,193,058 49.5% Materials & Supplies 271,791 152,021 569,600 52.3% Contracted Services 187,675 441,919 1,489,760 87.4% Rents/Financial Expenses 16,404 3,018 48,000 65.8% Transfers from RES / RF / CAP Fund 1,157,900 1,157,900 1,157,900 0.0% 326 Cemetery Revenue User Charges (74,296) (62,035) (143,000) 48.0% Expenditures Salaries, Wages & Benefits 93,118 170,312 339,392 72.6% Materials & Supplies 62,223 42,844 98,700 37.0% Transfers from RES / RF / CAP Fund 55,000 55,000 55,000 0.0% 327 Parking Lots Expenditures Debt Services (Principle and Interest paid) (14,273) 0 0 0.0% 330 Roads & Structures Expenditures Contracted Services 0 0 12,000 100.0% 334 Safe Roads Expenditures Materials & Supplies 1,640 5,755 18,500 91.1 % Page 51 of 92 Contracted Services 17,014 488 50,000 66.0% 350 Waste Collection Revenue User Charges (48) (21,654) (22,500) 99.8% Expenditures Materials & Supplies 0 22,500 22,500 100.0% 351 Recycling Collection Revenue User Charges (15) (1,500) (1,500) 99.0% Expenditures Materials & Supplies 0 1,500 1,500 100.0% 380 Road Maintenance Revenue User Charges (225) (13,238) (19,500) 98.8% Expenditures Salaries, Wages & Benefits 225,333 221,214 624,000 63.9% Materials & Supplies 260,235 273,673 942,775 72.4% Contracted Services 197,696 324,079 915,200 78.4% 381 Hardtop Maintenance Expenditures Salaries, Wages & Benefits 200,952 240,315 463,000 56.6% Materials & Supplies 105,904 101,062 520,500 79.7% Contracted Services (270) 0 160,000 100.2% 382 Isetop Maintenance Expenditures Salaries, Wages & Benefits 37,845 32,608 59,500 36.4% Page 52 of 92 Materials & Supplies 92,359 84,092 341,000 72.9% 383 Winter Control Revenue User Charges (5,352) (1,773) (20,000) 73.2% Expenditures Salaries, Wages & Benefits 495,516 633,194 958,600 48.3% Materials & Supplies 1,071,905 1,323,418 2,072,500 48.3% 384 Safety Devices Expenditures Salaries, Wages & Benefits 102,097 116,814 228,000 55.2% Materials & Supplies 118,047 203,344 397,500 70.3% Contracted Services 8,102 0 50,000 83.8% 386 Storm Water Management Expenditures Salaries, Wages & Benefits 365 10,832 20,000 98.2% Materials & Supplies 51 2,584 13,000 99.6% Contracted Services 0 10,000 92,000 100.0% 387 Regional Roads Expenditures Salaries, Wages & Benefits 3,444 7,134 9,000 61.7% Materials & Supplies 16,223 25,825 35,000 53.6% 388 Fleet Revenue User Charges (740,399) 0 0 0.0% Expenditures Salaries, Wages & Benefits 320,471 437,585 751,228 57.3% Page 53 of 92 Transfers from RES / RF / CAP Fund 1,085,000 1,085,000 1,085,000 0.0% Total Public Works $ 14,987,319 $ 17,236,924 $ 27,448,416 45.40% Highlights Unassigned Although the Unassigned Contracted Services looks to be over budget by $400 (40%), the budget for this is an estimate and depends on accident related recoveries every year. This is an expense that is fully recoverable. Administration Low revenues have experienced across all sub -departments; however, decreases in Sport Fields revenue and Region Waste revenue- as we are not selling blue boxes or bag tags- are impacted by COVID-19 restrictions. Cemetery revenueis market driven and cannot be anticipated.. Entrance Culvert revenue will increase in the third quarter as it is a seasonal operation (this work cannot be performed in the cold weather as the ground is frozen.) Street Lighting The Street Lighting Debt Services account is reconciled differently than the other Debt accounts as this is an internal loan from our Reserve Fund, not a Debenture repayment. Fleet The Fleet Miscellaneous Operating Supply account is rolled up into the materials and supplies category making it look like it is over budget however fleet revenues offset this account's expenses. Page 54 of 92 Community Services 130 Admin Revenue User Charges $ (2,324) $ (21,500) $ (21,500) 89.2% Expenditures Salaries, Wages & Benefits 451,803 474,238 928,606 51.3% Materials & Supplies 13,338 29,483 62,325 78.6% Transfers from RES / RF / CAP Fund 1,273,700 1,273,700 1,273,700 0.0% 420 Recreation Services Admin Revenue User Charges 0 (1,040) (1,230) 100.0% Expenditures Salaries, Wages & Benefits 454,906 509,257 993,041 54.2% Materials & Supplies 2,143 8,973 19,400 89.0% 421 Facilities Revenue User Charges (138,524) (1,093,011) (1,969,479) 93.0% Expenditures Salaries, Wages & Benefits 1,656,119 2,191,944 4,342,760 61.9% Materials & Supplies 993,362 1,489,960 3,152,495 68.5% Contracted Services 133,168 182,541 317,107 58.0% Debt Services (Principle and Interest paid) 1,478,516 1,476,439 1,514,261 2.4% Transfers from RES / RF / CAP Fund 1,144,050 1,144,050 1,144,050 0.0% 423 Concessions Revenue Page 55 of 92 User Charges 0 (34,005) (34,990) 100.0% 424 Aquatic Programs Revenue User Charges (99,173) (611,661) (776,373) 87.2% Expenditures Salaries, Wages & Benefits 36,218 361,378 705,749 94.9% Materials & Supplies 1,713 27,538 53,889 96.8% 425 Fitness Programs Revenue User Charges (31,321) (407,497) (436,454) 92.8% Expenditures Salaries, Wages & Benefits 28,978 155,159 305,547 90.5% Materials & Supplies 1,566 9,263 27,850 94.4% 426 Recreation Programs Revenue User Charges (2,237) (199,787) (309,085) 99.3% Expenditures Salaries, Wages & Benefits 8,673 144,552 284,029 96.9% Materials & Supplies 1,897 12,766 37,580 95.0% Contracted Services 0 23,500 23,500 100.0% Rents/Financial Expenses 0 1,000 1,000 100.0% 427 Community Development Revenue User Charges (71,350) (98,410) (164,650) 56.7% Expenditures Salaries, Wages & Benefits 3,411 38,186 76,209 95.5% Page 56 of 92 Materials & Supplies 66,467 74,838 182,330 63.5% Contracted Services 5,597 18,445 43,000 87.0% 428 55+ Active Adults Revenue User Charges (6,304) (96,021) (122,347) 94.8% Expenditures Salaries, Wages & Benefits 10,716 51,111 102,242 89.5% Materials & Supplies 693 10,796 12,600 94.5% Contracted Services 0 5,500 5,500 100.0% Rents/Financial Expenses 0 0 0 0 429 Customer Service Revenue User Charges (377) (13,643) (16,500) 97.7% Expenditures Salaries, Wages & Benefits 247,711 464,495 921,464 73.1 % Materials & Supplies 1,465 67,355 93,146 98.4% 440 Libraries Expenditures Materials & Supplies 856 1,601 4,100 79.1 % Contracted Services 2,697 2,877 6,915 61.0% Debt Services (Principle and Interest paid) 75,230 75,206 78,466 4.1 % 450 Client Services Expenditures Salaries, Wages & Benefits 252,884 298,547 585,699 56.8% Materials & Supplies 4,658 12,672 17,650 73.6% 451 Tourism Page 57 of 92 Expenditures Salaries, Wages & Benefits Materials & Supplies Contracted Services 460 Museum Expenditures Materials & Supplies Contracted Services 113,897 119,680 235,262 51.6% 33,303 17,743 66,500 49.9% 9,065 0 24,250 62.6% 4,598 9,705 18,700 75.4% 6,924 792 7,300 5.2% 473 Community Grant Program Expenditures External Transfers to Others 32,500 20,500 64,000 49.2% 480 Municipal Sponsorships Expenditures External Transfers to Others 74,420 0 35,000-112.6% Total Community Services $ 8,275,632 $ 8,229,215 $ 13,914,614 40.5% Highlights Administration and Recreation Administration Revenues across all sub -departments are extremely low, with the Provincial lockdown in place for most of the first and second quarters of 2021. The pandemic has also impacted the expenses for Salaries, Wages & Benefits (PT), Materials & Supplies and Contracted Services. There are noticeable decreases in expenses for each of these areas. Page 58 of 92 Facilities Facility rentals in all areas are tracking well below budget expectations for the first and second quarters of 2021. The lockdown of all non -essential businesses saw the closure of municipal facilities. Although Rickard Recreation Complex (RRC) remained open for mass vaccination and COVID-19 testing clinics, the multi -purpose revenue remained at $0 with their use of the hall space. Staff anticipate this trend to continue to end of the year with the testing clinics remaining open. With the loss of revenue due to the Provincial Lockdown, expense mitigation measures were implemented where possible in all Part -Time wage accounts, utilities, operating supplies and waste disposal. There was significant reduction in Full - Time overtime and internal redeployment of FT staff. These efforts sought to complete outstanding project work and to reduce the costs of contracting for this work. Although most revenues are down, Community Care Durham lease revenue is tracking on budget through the first and second quarters. As we move into the third quarter, staff expect to see ice rental revenues increase as the Province moves to reopen non -essential businesses and programs. Aquatics Below budget trends continue in aquatic lessons and public swim revenue. Significant expense mitigation measuress were undertaken which effected part time wages for lifeguards and instructors as well as expenses for program supplies. As the Province begins to reopen in the third quarter, public swims and swimming lessons revenue will increase from July onward until the end of the year. Pool rental revenue expected to resume in September with the return of the Clarington Swim Club. Approximately $75,000 was received in 2021 from an insurance claim for the damage and lost revenues caused when a vehicle entered the Courtice Community Complex pool in January 2019. Page 59 of 92 Fitness Gym membership and fitness class revenues are well below budget in the first and second quarters of 2021. Expense mitigation steps were undertaken to result in lower year to date costs in PT Wages and Program Supplies accounts. Staff are hopeful that this area's revenues will increase from the third quarter to the end of the year. Recreation Recreation program revenue and public skating revenues are, as all Community Services revenue, coming in well below the year-to-date budget. Expense mitigation in PT Program Wages and Program Supplies accounts. Community Development The Virtual Mayor's Love of Art Gala revenue slightly exceeded budget expectations. Unfortunately, all in -person Canada Day and Sport Hall of Fame events were cancelled in 2021 55+ Active Adults Program and Aquafit revenue for 55+ Active Adults is well below the year-to-date budget. There was expense mitigation set in place in PT Program Wages and Program Supplies accounts. Staff have no plans for special events in the near future. As Provincial reopening continues, Program and Aquafit revenues will increase in the following quarters. Customer Service Merchandise sales were not possible with the facility closures resulting in no revenues to date. Tourism To date, significant savings have been realized in printing costs. Page 60 of 92 Municipal Sponsorships External Transfers to Others looks to be over budget however, there are unbudgeted sponsorships approved by Council after the budget was approved. As some of the recipient organizations are consolidated as part of our financial statements, it is critical for year-end reconciliation that these sponsorships remain easily identifiable. Page 61 of 92 Planning and Development Services 000 Unassigned Expenditures Salaries, Wages & Benefits $ 916 $ 2,108 $ 4,221 78.3% Materials & Supplies 4,762 225,750 234,750 98.0% Transfers from RES / RF / CAP Fund 640,375 640,375 640,375 0.0% 130 Admin Revenue User Charges (619,121) (451,904) (1,114,991) 44.5% Expenditures Salaries, Wages & Benefits 1,524,070 1,849,190 3,632,851 58.0% Materials & Supplies 45,339 63,198 109,550 58.6% Contracted Services 29,422 900,805 946,000 96.9% Transfers from RES / RF / CAP Fund 12,500 12,500 12,500 0.0% 250 Contributions Revenue Transfer between Funds (1,000) (1,000) (1,000) 0.0% 321 Building Inspection Revenue User Charges (1,308,299) (897,150) (1,769,500) 26.1 % Fines/Penalties on Interest 0 (500) (500) 100.0% Expenditures Salaries, Wages & Benefits 588,942 630,227 1,249,151 52.9% Materials & Supplies 10,376 41,250 101,215 89.7% Contracted Services 55,769 16,721 199,000 72.0% Page 62 of 92 Total YTD YTD Final Unexpended Actuals BudgetDescription •.- % Transfers from RES / RF / CAP Fund 227,950 227,950 227,950 0.0% 385 Environmental Revenue User Charges (585) 0 0 Expenditures Contracted Services 0 0 0 430 Smallboards Expenditures Materials & Supplies (100) 0 1,500 106.7% 502 Development Review Revenue User Charges (60,493) 0 0 Expenditures Materials & Supplies 2,151 0 0 Contracted Services 84,559 0 0 Total Planning and Development Services $ 1,237,533 $ 3,260,520 $ 4,474,072 72.3% Highlights Administration Admin User Charges such as compliance letters and subdivision application fees are trending higher revenues at this time of the year than expected. There is no specific reason for the increase as these are based on market trends. However, Staff have noted that with the shift to this very active housing market, there have been more compliance letters to verify Page 63 of 92 that there are no outstanding work orders (etc.) on purchased properties. There have been a few new subdivision applications this year, but these are unpredictable and fluctuate by the developer or their schedule of submission. Building Inspection The Building Permit revenue is trending higher at this time of the year than expected. Although this revenue is also market dictated, Staff are assuming that many people are building and renovating due to COVID-19 while staying home. This increase in building permits for renovations have been seen in many GTA municipalities. Environmental Revenue received from the lease of Graham Creek Barrier is found in this sub -department. Page 64 of 92 Looking forward to the 3rd Quarter COVID-19 Mitigations and Changes to Restrictions COVID-19 mitigation efforts continue through the third quarter of 2021. However, there is a movement towards reopening and lessoning restrictions. There will be reflections of this in the expense and revenue accounts. Continuous Improvement/Key Performance Indicators As this report is constantly evolving and improving, we hope the third-quarter report will include upcoming continuous improvements within the Municipality and focus on key performance financial indicators that will be used to benchmark existing service levels. Page 65 of 92 Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Audit and Accountability Committee Date of Meeting: June 29, 2021 Report Number: FSD-036-21 Submitted By: Trevor Pinn, Director of Financial Services/Treasurer Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: [If applicable, enter File Number] By-law Number: Report Subject: Purchasing By-law Review 2021 Recommendations: 1. That Report FSD-036-21 be received; 2. That the updated By-law attached to this Report (Attachment 1) be passed; and 3. That all interested parties listed in Report FSD-036-21 and any delegations be advised of Council's decision. Page 66 of 92 Municipality of Clarington Report FSD-036-21 Report Overview To request authorization from Council to update the Purchasing By-law No. 2015-022. 1. Background Page 2 1.1 At its meeting held on, March 9, 2015 General passed resolution #GPA-191-15 adopting the revised Purchasing By-law designed to meet departmental requirements and operational needs while ensuring effective controls. As a requirement of the Purchasing By-law, the Purchasing Manager is required to undertake a comprehensive review of the Purchasing By-law every five years. The proposed updated By-law (Attachment 1) repeals the existing By-law 2015-022. 1.2 The Purchasing By-law outlines the authority for the procurement of goods and services, including the following: • The authority and duties of the Purchasing Manager • The process for bid solicitation and awarding of contracts • The conditions under which goods and services can be sourced without a competitive process • Purchasing limits and delegation of authority • Compliance • Pricing/cost 2. Review Process 2.1 The Director of Financial Services/Treasurer and Staff from the Purchasing Services Division established a working team to review and discuss revisions to the Purchasing By-law to address operational improvements. Several meetings were held to review and discuss the various sections of the Purchasing By-law. While some of the changes are substantive, many of the changes are administrative. 2.2 The changes being proposed will allow Purchasing Staff to focus on higher dollar value purchases, shorten the lead time for the procurement of goods and promote efficiencies. A summary of proposed revisions to the new Purchasing By-law are shown below: Page 67 of 92 Municipality of Clarington Report FSD-036-21 By-law Provisions 1. Definition • Include a definition for Single Source purchase • Include a definition for Sole Source purchase 2. Bid Types and Limits a) Informal Request for Quotation Page 3 • Increase the authority to make acquisitions from between $5,000 - $25,000 to between $5,000 - $50,000 b) Formal Request for Quotation • Increase the authority to make acquisitions from between $25,000 - $100,000 to between $50,000 - $100,000 c) Bonds and Deposits • Reword to delete any reference to cash and envelope and to include accepting e-Bond. d) Bid Procedure • Delete any reference to hard copy submission and replace with "electronic process" e) Bid Opening • Delete any reference to hard copy submission and public opening and replaced with "Unless otherwise stated, all Bids shall be opened by the Purchasing Manager and results posted publicly on the Municipality's website". f) Approval Limits and Reporting • Change CAO's approval limit from $250,000 to $500,000 • Change the limit for award of contract for goods and services requiring Committee's approval from $250,000 to $500,000 Page 68 of 92 Municipality of Clarington Report FSD-036-21 Page 4 • Department Head may hire a consultant directly if the cost is below $25,000, down from $30,000, in line with the treatment for other purchases • CAO will approve hiring of consultants between $25,000 to $50,000 • Change the limit for award of contract for consulting and professional services requiring Committee's approval from $30,000 to $50,000. 3. General Purchasing Policies a) Fair Wage Policy • Deleted b) Lobbying • Included a new section on lobbying as follows: All prospective bidders are prohibited from lobbying any member of Council, staff and consultants, appointed member and any staff of any Board during the period commencing at the time of issuing a bid solicitation and ending at the time of the award of the contract. The Municipality may reject any bid by a supplier that engages in such lobbying, without further consideration, and may terminate that supplier's right to continue in the bid solicitation process. 4. Schedule A • Delete Engineering Services and Engineering Consulting Services from Schedule from Schedule A. 5. Other Changes • Other changes made are administrative in nature. 6. Future changes • The Purchasing Services Division and the Energy and Climate Change Response Co-Ordinator are working together on a green procurement policy. A separate report will be sent to Council once the policy has been finalised. Page 69 of 92 Municipality of Clarington Report FSD-036-21 3. Concurrence Page 5 Departments Heads have been consulted during the review process and the report has been reviewed by the Director of Municipal Services/Municipal Solicitor who concurs with the recommendation. 4. Conclusion 4.1 Overall, the general consensus is that the By-law facilitates efficient procurement processes and effectively meets the operating requirements of the Municipality's operating Departments while ensuring appropriate controls and accountability measures. 4.2 It is respectfully recommended that the By-law attached to this report as attachment #1 be passed. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext 2209 or dferguson@clarington.net Attachment: Attachment 1 — Proposed updated Purchasing By-law. Interested Parties: There are no interested parties to be notified of Council's decision. Page 70 of 92 Attachment 1 to FSD-036-21 Purchasing By -Law 2021-xxx Table of Contents Part1 — Interpretation................................................................................................... 3 Definitions.................................................................................................................... 3 WordUsage.................................................................................................................5 Severability.................................................................................................................. 6 References................................................................................................................... 6 Application................................................................................................................... 6 Part2 — Authority.......................................................................................................... 6 Purchasing Manager Authority..................................................................................... 6 ApprovalAuthority........................................................................................................ 6 SigningAuthority........................................................................................................... 7 Part 3 — Bid Types and Limits...................................................................................... 7 Purchasesup to $5,000.............................................................................................. 7 Informal Request for Quotation ($5,001 -$50,000)...................................................... 7 Formal Request for Quotation ($50,001 - $100,000)................................................... 7 Acquisitions over$100,000.......................................................................................... 7 RoutinePurchases....................................................................................................... 8 Negotiations / Single / Sole Source Purchases............................................................ 8 Requests for Proposal................................................................................................. 8 Product Demonstrations and Information..................................................................... 9 BidPre-Qualification.................................................................................................... 9 Bondsand Deposits..................................................................................................... 9 Initial Bid Procedures................................................................................................. 10 Changes to Bids under Call....................................................................................... 11 Withdrawalof Bids..................................................................................................... 12 BidOpening............................................................................................................... 12 Verificationof Bids..................................................................................................... 12 Rejectionof Bids........................................................................................................ 13 BidCancellation......................................................................................................... 14 AbsoluteRight............................................................................................................ 14 LocalPreference........................................................................................................ 14 Page 71 of 92 Purchasina By -Law No. 2021-xxx Paae 2 Approval Limits and Reporting (Excluding Consulting and Professional Services) ....... 15 Council Recess Procedures....................................................................................... 15 Consulting and Professional Services (Excluding Schedule "A" Exemptions)............ 15 Co -Operative Purchasing........................................................................................... 16 Emergency Purchases............................................................................................... 16 Part 4 — General Purchasing Policies........................................................................16 Default By Successful Bidder..................................................................................... 16 Conflictof Interest...................................................................................................... 17 Access and Disclosure............................................................................................... 17 Records Retention and Destruction........................................................................... 17 Complaints and Inquiries........................................................................................... 18 Insurance................................................................................................................... 18 PurchasingCards...................................................................................................... 18 Disposalof Goods...................................................................................................... 18 OverExpenditures..................................................................................................... 19 Sustainability.............................................................................................................. 19 Accessibility for Ontarians with Disabilities Act, 2005................................................ 19 Part 5 — General Provisions........................................................................................19 By -Law Review.......................................................................................................... 19 Repeal....................................................................................................................... 19 EffectiveDate............................................................................................................. 19 Schedule"A"............................................................................................................... 21 Page 72 of 92 Purchasina By -Law No. 2021-xxx Paae 3 If this by-law is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2021-xxx being a by-law to provide policies and procedures for the procurement of goods and services. WHEREAS pursuant to section 270 of the Municipal Act, 2001, the Corporation is required to establish and maintain policies with respect to its procurement of goods and services; and WHEREAS the Corporation wishes to procure goods and services in the most efficient and cost effective manner possible; and WHEREAS the Corporation is committed to ensuring that its procurement policies and procedures are fair, open and transparent. NOW THEREFORE the Corporation of the Municipality of Clarington hereby enacts as follows: Part 1 — Interpretation Definitions In this by-law, "Acquisition" means the purchase of a Good and/or Service for use on a permanent or temporary basis; "Bid" means a Proposal, Quotation or Tender; "Bidder" is a Person who responds to a Bid Solicitation; "Bid Solicitation" means a request by the Corporation for Bids for the provision of Goods and/or Services through an RFP, RFQ or RFT; "CAO" means the Chief Administrative Officer of the Corporation or a designate; "Clerk" means the Municipal Clerk of the Corporation or a designate; Page 73 of 92 Purchasina By -Law No. 2021-xxx Paae 4 "Committee" means the General Government Committee of Council; "Consulting and Professional Services" means services provided by architects, engineers, designers, environmental consultants, surveyors, management and financial consultants, bankers, auditors, brokers, soil consultants, real estate appraisers, Ontario land surveyors, web designers or any other consultant or professional, but does not include any consulting and professional services referred to in Schedule "A"; "Corporation" means The Corporation of the Municipality of Clarington; "Cost" means the actual cost of an Acquisition excluding taxes; "Contract" means an agreement between two or more Persons one of whom is the Corporation; "Council" means the Council of the Corporation; "Department" means a Department of the Corporation identified on the annual organization charts and reflected in the prevailing budget; "Department Head" means the Director of one of the Departments or a designate; "Disqualified Bidder" means a Bidder that has provided unsatisfactory Goods and/or Services to the Corporation and consequently had a Contract terminated or been notified by the Purchasing Manager that they are not eligible to submit a Bid; "Expression of Interest" or "EOI" means general market research used prior to a Bid Solicitation to determine if there is an interest in a proposed Acquisition; "Goods and/or Services" means any goods and/or services required by the Corporation other than goods and/or services listed in Schedule "A"; "Local Board" means a local board (as that term is defined in the Municipal Act, 2001) of the Corporation; "Person" includes an individual, association, firm, partnership, corporation, union, trust, organization, trustee or agent, and their heirs, executors, administrators, successors and assigns; "Proposal" means an offer from a Bidder made in response to an RFP; "Purchase Order" means a Contract or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager; "Purchasing Manager" means the Purchasing Manager of the Corporation or a designate; Page 74 of 92 Purchasina By -Law No. 2021-xxx Paae 5 "Quotation" means an offer from a Bidder made in response to an RFQ; "Request for Proposal" or "RFP" is a form of Bid Solicitation in which the Corporation invites one or more potential suppliers to submit proposals with respect to the supply of particular Goods and/or Services, which the Purchasing Manager in consultation with the Department Head, determines may be dependent upon non - price factors and may require negotiations between a Bidder and the Corporation before a Contract is made between them; "Request for Quotation" or "RFQ" is a form of Bid Solicitation in which the Corporation requests either informal quotations or formal quotations; "Request for Tender" or "RFT" is a form of Bid Solicitation in which the Corporation publishes the specifications, terms, conditions and details concerning a proposed Contract, and invites or advertises prospective Bidders to submit Tenders; "Responsive and Responsible Bidder" is a Person responding to a Bid Solicitation who complies with its provisions and who can reasonably be expected to provide satisfactory performance of a proposed Contract based on reputation, references, performance on previous contracts, and proof of sufficient financial and other resources; "Single Source Purchase" means a non-competitive purchase where there are other suppliers of the product or service available, however, for reasons such as emergency, proprietary, matching existing equipment, health and safety concerns, time constraints, etc., the purchase is sourced to a specific vendor. "Sole Source Purchase" means a non-competitive purchase where there is only one supplier of the product or services and as a result a competitive quotation process is not possible. "Tender" means an offer received from a Bidder in response to an RFT; "Treasurer" means the Director of Financial Services/Treasurer of the Corporation or a designate; and "Weighted Evaluation Criteria" means criteria that are taken into account when evaluating Proposals including qualitative, technical and pricing considerations. Word Usage 2. This by-law shall be read with all changes in gender or number as the context may require. 3. A grammatical variation of a defined word or expression has a corresponding meaning. Page 75 of 92 Purchasina By -Law No. 2021-xxx Paae 6 Severability 4. Should any section or part of this by-law be held by a Court of competent jurisdiction to be invalid, the remainder of this by-law shall not be affected. References 5. In this by-law, reference to any Act, By-law or Policy is reference to that Act, By- law or Policy as it is amended or re-enacted from time to time. 6. Schedule "A" (Exempt Good and/or Services) is attached to and forms part of this by-law. 7. All references to dollar figures are Canadian dollars. 8. Unless otherwise specified, reference in this by-law to a clause, section or Schedule is to a clause, section or Schedule in this by-law. Application 9. This by-law shall not apply to the acquisition of any interests in real property. Such matters shall be governed by By -Law 2011-011 and subsequent by-law. 10. This by-law shall not apply to the Acquisition of any Goods and/or Services listed in Schedule "A". Part 2 — Authority Purchasing Manager Authority 11. The Purchasing Manager shall have the authority to act as agent of the Corporation for the purpose of acquiring all Goods and/or Services required by the Corporation. 12. The Purchasing Manager shall determine the method of Acquisition 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. Approval Authority 13. No employee of the Corporation shall have the authority to make or approve an Acquisition or award a Contract for any Good and/or Service unless funds for such Acquisition have been allocated in a budget approved by Council. If a recommended Bid is in excess of an approved budget limit but within the approval limits of this by-law, the Treasurer, after consultation with the Department Head, must approve the source of additional funding. Page 76 of 92 Purchasing By -Law No. 2021-xxx Page 7 14. Contracts shall not be split so as to circumvent the established method of purchase or the approval limits imposed by this by-law unless, in the opinion of the Purchasing Manager, after consultation with the Department Head, if it is deemed advantageous to acquire components of a major project through separate Contracts. Signing Authority 15. Authority to make or approve an Acquisition or award a Contract for any Good and/or Service includes the power to sign all documents necessary to effect the Acquisition. Where a Department Head or the CAO has the authority to sign a Contract, the Purchasing Manager may sign on their behalf. Part 3 — Bid Types and Limits Purchases up to $5,000 16. Goods and/or Services not exceeding a Cost of $5,000, (excluding computers, software, computer accessories and cell phones) do not require the submission of a Purchase Order (unless one is required by the vendor) and may be purchased by individual Departments as required at the lowest available Cost. However, if a term order or another form of Contract is established, then the Department must purchase from the Contract vendor. Computers, software, computer accessories and cell phones must be ordered in coordination with the IT Division using a Purchase Order. Informal Request for Quotation ($5,001 - $50,000) 17. The Purchasing Manager shall have the authority to make Acquisitions for which the Cost is between $5,001 up to a maximum of $50,000 at the lowest available Cost, provided a minimum of three Quotations have been received where they are reasonably required and possible to obtain. Formal Request for Quotation ($50,001 - $100,000) 18. The Purchasing Manager shall have the authority to make Acquisitions for which the Cost is between $50,001 up to a maximum of $100,000 at the lowest available Cost, provided where they are reasonably required and possible to obtain, at least three formal Quotations have been received and the lowest Responsive and Responsible Bid received is acceptable. Acquisitions over $100,000 19. Subject to sections 20, 21 and 23, Acquisitions that are anticipated to have a Cost in excess of $100,000 shall be made through an RFT. Page 77 of 92 Purchasina By -Law No. 2021-xxx Routine Purchases 20. Where, in the opinion of the Purchasing Manager in consultation with the Department Head, a proposed Acquisition is of a routine and repetitive nature, the Purchasing Manager may obtain written Bids from suppliers and a Contract may be awarded. Negotiations / Single / Sole Source Purchases 21. In place of a Bid Solicitation, Goods and/or Services may be purchased through negotiation, Single or Sole source purchases where, in the opinion of the Purchasing Manager in consultation with the Department Head, (a) the sources of supply are restricted to the extent that there is no effective price competition; (b) the purchase involves Goods and/or Services, (i) that are in short supply due to market conditions; (ii) for which there is no reasonable substitute or competitive product; or (iii) for which compatibility with an existing product/services is the overriding consideration; (c) the purchase involves specialized preassembled goods; (d) the Bid from the lowest Responsive and Responsible Bidder substantially exceeds the estimated Cost; (e) no Bid from a Responsive and Responsible Bidder is received and it is impractical to issue another Bid Solicitation; (f) the extension or reinstatement of an existing Contract would prove most cost-effective or beneficial to the Corporation; (g) the terms and conditions of a Proposal provide for negotiation with the selected Bidder; or (h) Council has specifically authorized an Acquisition through negotiation. 22. In the case of a Contract for a construction project, negotiations shall be conducted in accordance with the Canadian Construction Documents Committee (C.C.D.C.) Document 23 published by the Canadian Construction Association where expressly required by the provisions of an RIFT. Requests for Proposal 23. Irrespective of the anticipated Cost, where the Purchasing Manager in consultation with the Department Head determines that a proposed Acquisition involves unique or complicated circumstances, the Acquisition may be made through the use of an RFP. Page 78 of 92 Purchasing By -Law No. 2021-xxx Page 9 24. (1) In this section, "Two Envelope Method" means a procurement process in which, (a) a Bid is submitted in two separate envelopes, the first of which contains technical and qualitative information and the second of which contains price information; and (b) Weighted Evaluation Criteria are applied and the second envelope is opened only if the first envelope shows the Bidder to be qualified. (2) The Purchasing Manager, in consultation with the Department Head, may use an RFP process that utilizes a Two Envelope Method. 25. RFPs may be called by public advertisement or invitation to specific Bidders. 26. All RFPs shall be submitted in the prescribed manner and delivered to the Purchasing Manager. 27. It is the Corporation's general policy to select the Proposal that best meets the requirements of the RFP based on Weighted Evaluation Criteria. Product Demonstrations and Information 28. No requests for prices or demonstrations for approved projects or programs above $5,000 shall be made without prior consultation with the Purchasing Manager. 29. Requests on behalf of the Corporation may be made by Department Heads for informal non -binding product and technical information, catalogues and price lists. Each Department Head shall provide the Purchasing Manager with such data, specification details and information relating to a proposed Acquisition, including the Corporation's approved budget prices. The Purchasing Manager shall obtain all binding or estimated prices provided by potential Bidders. Bid Pre -Qualification 30. (1) In this section, "Pre -qualification" means a procedure whereby a prospective Bidder satisfies the Corporation that it is capable of supplying a particular Good and/or Service as a condition of being allowed to submit a Bid. (2) If, in the opinion of the Purchasing Manager, Pre -qualification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been pre -qualified. Bonds and Deposits 31. All Bid deposits required as part of any Bid Solicitation shall be provided by certified cheque, bank draft or money order made payable to "The Corporation of the Municipality of Clarington". Bid bonds, including electronic bond, shall be issued by a licensed surety company authorized to carry on business in Ontario, and shall be Page 79 of 92 Purchasing By -Law No. 2021-xxx Page 10 in an amount and in a form satisfactory to the Corporation. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified in the Bid Solicitation: Total Amount of Bid Up to $20,000.00 Up to $50,000.00 Up to $100,000.00 Up to $250,000.00 Up to $500,000.00 Up to $1,000,000.00 Up to $2,000,000.00 Over $2,000,000.0 Minimum Bid Deposit Required $1,000.00 $2,000.00 $5,000.00 $10,000.00 $25,000.00 $50,000.00 $100,000.00 $200,000.00 32. When the deposit of a performance bond and/or labour and material payment bond is a requirement of a Bid Solicitation, such bonds shall be, (a) in the amounts specified in the Bid documents; (b) issued by a licensed surety company authorized to carry on business in Ontario; (c) in a form approved by the Corporation; and (d) delivered by the Bidder to the Purchasing Manager prior to execution of the Contract. 33. Following the award of a Contract, all deposits that are in the form of certified cheques or money orders, except for the deposits supplied by the successful and next to successful Bidders in the case of a Contract award, shall be returned to the unsuccessful Bidders. Retained Bid deposits shall be held until the Contract is executed by the Corporation, unless otherwise determined by the Purchasing Manager. 34. Following the cancellation of a Bid Solicitation, all deposits shall be returned to the Bidders. 35. If a successful Bidder fails to enter into a Contract, the Bid deposit shall be forfeited to the Corporation. If a Bid bond is deposited, it may be called by the Treasurer and the amount of money thereby obtained shall be forfeited to the Corporation. Initial Bid Procedures 36. If required, Bid Solicitations shall be advertised in the method deemed most appropriate by the Purchasing Manager which may include, but shall not be limited to periodicals, newspapers and/or websites. Page 80 of 92 Purchasina By -Law No. 2021-xxx Paae 11 37. All closing times shall be established by the Purchasing Manager. 38. The Purchasing Manager shall make the bid document available to all prospective Bidders through an electronic process. 39. Where a fee is required for Bid documents, prospective bidders shall be required to pay for the bid document in the manner stipulated in the call document" List of Registered Bidders 40. Contact information of all prospective Bidders who have obtained or who have requested the material set out in Section 38 shall be recorded in order to facilitate distribution of addenda when necessary to change or cancel a Bid under call. Changes to Bids under Call 41. Interpretations of, or qualifications or changes to, a Bid Solicitation shall be made in the form of a written addendum. Addenda shall be necessary to revise, delete, substitute or add to a Bid under call. The Purchasing Manager shall approve the issuance of any addendum or the cancellation of a Bid Solicitation. 42. A copy of each addendum or a notice of posting of each addendum shall be forwarded to registered Bidders by electronic means and posted on the Corporation's website. 43. Where an addendum is released after the receipt of one or more Bids which, in the opinion of the Purchasing Manager, may affect a Bid, all Bids received prior to the Bid closing may be withdrawn. 44. The Purchasing Manager in consultation with the Department Head may cancel a Bid Solicitation either before or after Bids are opened. The procedure for the notification to Bidders set out in section 42 shall apply to a notice of cancellation. If a Bid is cancelled prior to opening, all Bids received after cancellation shall be rejected. Formal Bid Submissions 45. The Purchasing Manager shall, (a) record time and date of all Bids received, in an appropriate manner; (b) refuse to accept any Bid from a Disqualified Bidder; (c) record all accepted Bids; (d) maintain safe control of all accepted bids until needed; Page 81 of 92 Purchasing By -Law No. 2021-xxx Page 12 (e) refuse to accept any Bid that is not received in accordance with the terms and conditions of the bid document, prior to the closing time established for that Bid. Reasons for nonacceptance shall be communicated to the Bidder. Withdrawal of Bids 46. A Bid can only be withdrawn prior to the close of Bids, as stipulated in the bid documents. Requests to withdraw received following the close of Bids shall not be accepted. Bid Opening 47. Unless otherwise stated, all Bids shall be opened by the Purchasing Manager and results posted publicly on the Municipality's website 48. All Bids shall be checked to determine that each Bidder has submitted one Bid only. Should more than one Bid be submitted, and no withdrawal notice has been received, the Bid with the latest time stamp shown shall be deemed to have superseded the earlier Bid and the Bidder shall be bound by the contents of the more recent Bid. If surety bonds are required to be submitted with the Bid at the time of closing, and the Bidder has included the required surety bonds with the first bid, the surety bonds may be deemed applicable to the Bid submitted with the second bid received. 49. Any Bid that does not appear on initial examination by the Purchasing Manager to satisfy the requirements of this by-law shall be deemed an "Improper Bid", but shall nonetheless be subject to further examination to determine whether it should be rejected pursuant to sections 51, 52 and 53. Verification of Bids 50. Every Bid submitted shall be checked by the Purchasing Manager who shall ensure that, (a) it complies with the Bid Solicitation requirements; (b) unit prices have been correctly extended; (c) extensions have been correctly totalled; and (d) applicable taxes have been calculated correctly. 51. Any extension errors, addition errors or incorrect tax calculations may be corrected provided that the Purchasing Manager is satisfied that it is a bona fide error, and not a price revision. Page 82 of 92 Purchasina By -Law No. 2021-xxx Paae 13 Rejection of Bids 52. After Bid opening, the Purchasing Manager shall reject any Bid from a Bidder who did not attend a mandatory pre -Bid meeting. 53. After Bid opening, the Purchasing Manager may accept or waive a minor and inconsequential irregularity, or where reasonable to do so, the Purchasing Manager may, as a condition of Bid acceptance, request a Bidder to correct a minor and inconsequential irregularity with no change in Bid price. The determination of what is, or is not, a minor and inconsequential irregularity, the determination of whether to accept, waive, or require correction of an irregularity, and the final determination of the validity of a Bid, shall be at the Purchasing Manager's sole discretion. Without limiting the generality of the foregoing, the Purchasing Manager may reject a Bid if it, (a) is not submitted on the correct Bid form; (b) is not submitted in the manner specified in the bid document or is illegible or unclear; (c) does not provide all entries for all unit prices referred to in the Bid Solicitation (unless otherwise specified in the Bid Solicitation) or is otherwise incomplete in any material respect; (d) includes any restrictive or conditional statement that alters the form or intent of the Bid; (e) is not signed by the Bidder with an authorized signature; (f) does not contain or acknowledge addenda; (g) is not accompanied by bonding documents or bid deposits or contains an improper or insufficient Bid deposit, where required; (h) contains an error that cannot be corrected in accordance with section 51; (i) is unbalanced, meaning it contains lump sum or unit bid items that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs; Q) is from a Bidder or a subcontractor of a Bidder that has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against the Bidder or a subcontractor of the Bidder including arbitration or any association or union issues; (k) is from a Bidder that owes money to the Corporation including outstanding property taxes; or Page 83 of 92 Purchasina By -Law No. 2021-xxx Paae 14 (1) is from a Bidder that is not in compliance with any of the Corporation's policies or regulatory by-laws including, but not limited to the Property Standards By-law. 54. Following the opening and recording of Bids, the record of Bids (including rejected Bids) shall be closed in the manner approved by the Purchasing Manager. Bid Cancellation 55. The Purchasing Manager, in consultation with the Municipal Solicitor and the applicable Department Head, shall have the authority to cancel a Bid Solicitation either before or after the call has closed if, (a) a substantial change in the scope of work or specifications is required; (b) the Goods and/or Services requested no longer meet the Department's requirements; (c) the integrity of the procurement process has been compromised; or (d) the lowest Responsive and Responsible Bid exceeds the approved funding limit. Absolute Right 56. The Corporation shall have absolute discretion in the awarding of Contracts and retains the right to reject any or all Bids. Local Preference 57. (1) In this section, (a) "Local Bid" means a Bid submitted by a Bidder who operates a business within the Municipality of Clarington; and (b) "Regional Bid" means a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham. (2) If, in the opinion 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. (3) Ontario's Discriminatory Business Practices Act, R.S.O. 1990, c.D.12 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. Accordingly, other than as noted in subsection (2), preference to a Local Bid or a Regional Bid shall not be given. Page 84 of 92 Purchasina By -Law No. 2021-xxx Paae 15 Approval Limits and Reporting (Excluding Consulting and Professional Services) 58. The Purchasing Manager shall submit to the Department Head an analysis listing all Quotations and Proposals received with a recommendation for the Department Head's approval if the Cost of the Goods and/or Services does not exceed $100,000. 59. After consulting with the Department Head, the Purchasing Manager shall prepare a report to the CAO for approval if the Cost of the Goods and/or Services does not exceed $500,000. 60. The Purchasing Manager shall prepare a recommendation report to Committee if the Cost of the Goods and/or Services exceeds $500,000. Council Recess Procedures 61. (1) Notwithstanding section 60, where a matter which would have otherwise been submitted to Committee requires approval during any of Council's recesses, including elections, the CAO shall be authorized to award the Contract if the Treasurer is of the opinion that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department. (2) The Purchasing Manager shall report all Contracts awarded under subsection (1) to Committee as soon as possible after the conclusion of the recess. (3) Council shall not vary any action or decision of the Contract awards made in accordance with this section. Consulting and Professional Services (Excluding Schedule "A" Exemptions) 62. Where it is estimated that the Cost of Consulting and Professional Services will be less than or equal to $25,000, the Department may obtain the services directly without issuing a Bid Solicitation. 63. Where it is estimated that the Cost of Consulting and Professional Services will be more than $25,000, the Purchasing Manager shall issue a Bid Solicitation in compliance with this By -Law and prepare a report to the CAO for approval. 64. Where it is estimated that the Cost of Consulting and Professional Services will be more than $50,000, the Purchasing Manager shall issue a bid solicitation, in consultation with the Department Head and, shall submit a report to Committee providing a recommendation for award. 65. An external consultant who has entered into a Contract for consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from submitting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest shall be Page 85 of 92 Purchasing By -Law No. 2021-xxx Page 16 determined by the Purchasing Manager in consultation with the Department Head. This section shall not apply where a consultant has been requested to provide a budget estimate or general review and estimate for a potential Acquisition. 66. Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation shall comply with this by-law. Co -Operative Purchasing 67. (1) In this section, "Co-operative Purchasing" means the participation of the Corporation with one or more public agencies, school boards, vendors of record (Provincial), hospitals or other public agencies in a Bid Solicitation. (2) Co-operative Purchasing shall be utilized when advantageous and practical. In the event of any conflict, the purchasing by-law and procurement practices of the municipality, school board, hospital or other public agency issuing the co-operative Bid shall take precedence over the provisions of this by-law. Emergency Purchases 68. (1) In this section, "Emergency" means a situation or the threat of an impending situation which, in the opinion of the CAO or a Department Head, requires an immediate Acquisition to prevent serious delays, damage to a basic service, risk to health and safety, financial loss or to maintain or restore a basic service provided by the Corporation. (2) Emergency Acquisitions shall be made by the Purchasing Manager. In the absence of the Purchasing Manager, Emergency Acquisitions may be made by a Department Head. (3) All Emergency Acquisitions shall be confirmed through a Purchase Order and shall be reported to Committee through a report prepared jointly by the Department Head and the Purchasing Manager if the Cost exceeds $500,000 or an approved budget limit. Part 4 — General Purchasing Policies Default By Successful Bidder 69. If a successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Contract may be awarded to the next lowest Bidder or cancelled. 70. If a successful Bidder defaults on an awarded Contract, the Purchasing Manager is authorized to take remedial action including termination of the Contract and all necessary steps to ensure completion of the project or continued service/supply. The Purchasing Manager, after consultation with the Department Head, may Page 86 of 92 Purchasing By -Law No. 2021-xxx Page 17 declare that any Bidder who has defaulted on a Contract is ineligible to submit a Bid on any future Contract even if the awarded Contract is not terminated. 71. Should the Purchasing Manager determine that termination of the awarded Contract is the appropriate action in accordance with section 70, whoever awarded the Contract (Council, CAO or Department Head) shall be advised of the termination in writing. Conflict of Interest 72. The participation of members of Council and employees of the Corporation in the procurement process shall be governed by, in the case of members of Council, the Council Code of Conduct and the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50 as amended and, in the case of employees, by the Code of Ethics Policy E-1. 73. No employee or Council member shall benefit directly or indirectly from affiliation with the Municipality or show any favouritism to any Person in the procurement of any Goods and/or Services. 74. No Person shall offer incentives to any employee of the Corporation or member of Council. 75. (1) In this section, "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 that is not required for the purposes of the Corporation or a Local Board. (2) No Personal Purchases shall be made by the Corporation for any Member of Council, member of a Local Board, or employees of the Corporation., Access and Disclosure 76. No Corporation employee or any member of Council shall have access to or disclose any details regarding Bids except as permitted by this by-law and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 as amended. 77. In the case of a Bid submitted in response to an RFP, only the total Bid amount for the successful responsive and responsible Bid shall be provided and only upon written request of any Person after completion of negotiations and award of the Contract. Records Retention and Destruction 78. Bid documents and related material shall be retained in accordance with the Municipality's Records Retention Schedule, as amended. Page 87 of 92 Purchasina By -Law No. 2021-xxx Paae 18 Complaints and Inquiries 79. All Bidder or potential Bidder complaints or inquiries, whether addressed to an elected official, the CAO, a Department Head or any member of staff shall be referred to Purchasing Services. Lobbying 80. All prospective bidders are prohibited from lobbying any member of Council, Municipal staff and consultants, appointed member and any staff of any Board during the period commencing at the time of issuing a bid solicitation and ending at the time of the award of the contract. The Municipality may reject any bid by a Supplier that engages in such lobbying, without further consideration, and may terminate that Supplier's right to continue in the bid solicitation process Insurance 81. The Treasurer and the Municipal Solicitor shall review, as necessary, Contracts that include provisions relating to liability and insurance. Purchasing Cards 82. (1) In this section, "Purchasing Card" means a credit card issued by the Purchasing Manager in accordance with the Purchasing Card Policy. (2) 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 this by-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and at the request of the Department Head. The Purchasing Manager shall be responsible for the program outlined in the Corporation's Purchasing Card Policy. Disposal of Goods 83. The disposal of surplus or obsolete goods of the Corporation shall be the responsibility of the Purchasing Manager. At least once each calendar year, Department Heads shall provide the Purchasing Manager with a list of such goods. The Purchasing Manager may periodically circulate a list of surplus or obsolete goods to all Departments and Local Boards. 84. The Purchasing Manager, in consultation with the appropriate Department Head, shall determine the appropriate method of disposal including sale, RFT, RFP, auction, or gratuitous transfer. 85. The priority of the disposal shall be in this order: another department within the municipality, trade in on a replacement purchase, local board, other municipality, school board, charity or not for profit organization, public at large. Page 88 of 92 Purchasina By -Law No. 2021-xxx Paae 19 Over Expenditures 86. Subsequent to a Contract award, the approval of any over expenditure shall be in accordance with the Corporation's Capital Project Over Expenditure Policy (G5) or subsequently adopted policy for financial controls. Sustainability 87. In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, Acquisitions shall ensure that, wherever reasonably possible, specifications shall 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 analysis of Cost is required in order to ensure that the products are made available at competitive prices. Accessibility for Ontarians with Disabilities Act, 2005 (AODA) 88. When procuring Goods and/or Services, the Corporation shall incorporate accessibility design criteria and features, except where it is not practicable to do so. Where applicable, procurement documents shall specify the desired accessibility criteria to be met and provide guidelines for the evaluation of the proposals respecting those criteria. Part 5 — General Provisions By -Law Review 89. The Purchasing Manager in consultation with appropriate staff shall conduct a detailed review of this by-law no less frequently than every five years. Repeal 90. By -Law #2015-022 is hereby repealed. Effective Date 91. This By-law shall take effect on the date that it is passed by Council. By-law passed on the day of June 2021. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Page 89 of 92 Purchasina By -Law No. 2021-xxx e 20 PER: Adrian Foster, Mayor PER: June Gallagher, Municipal Clerk Page 90 of 92 Purchasina By -Law No. 2021-xxx Paae 21 Schedule "A" EXEMPT GOOD AND SERVICES 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 agreements 5. Certain Professional and other Services a. Committee Fees b. Counselling Services Page 91 of 92 Purchasina By -Law No. 2021-xxx Paae 22 C. Laboratory Services d. Nursing Services e. Physician Fees f. Temporary Help g. Banking Services h. Legal Services i. Newspaper, radio, TV advertising j. Policing k. Red Cross Supplies I. Web Design Usage Fee & penalties M. Payroll fees n. Employee Assistance programs 6. 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 (including hedging agreements) e. Telephones — excluding cellular f. Telecommunications infrastructure 7. Canadian National and Canadian Pacific Railways 8. Provincial and/or Federal Government Agencies or Crown Corporations 9. Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham Goods and/or Services 10. Election related technology and equipment, and any consulting and support services directly related to such technology and equipment. Page 92 of 92