HomeMy WebLinkAboutCOD-024-12 Clarington REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 15, 2012 Resolution#: 600- 4946-/P By-law#:
Report#: COD-024-12 File#:
Subject: PURCHASING BY-LAW AMENDMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-024-12 be received;
2. THAT By-law 2010-112 be amended as per Attachment 1; and
3. THAT the Mayor and Clerk be authorized to execute the amending by-law
(Attachment 1).
Submitted by: Reviewed by:
arie Marano, H.B.Sc., anklin Wu,
Director of Corporate Chief Administrative Officer
Services
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: COD-024-12 PAGE 2
1. BACKGROUND
1.1 In June of 2010, Council approved Purchasing By-law 2010-112. After having
time to work with the revised by-law it has become apparent that there are some
minor changes required in order to provide consistency and efficiencies.
1.2 The required changes are detailed in the amending By-law (Attachment 1) and
are summarized below:
1.3 The current by-law does not speak directly to the issue of contract administration.
It does reference the establishment of administrative procedures, standard
practices and forms to implement the by-law. There is also section 69 that
speaks to "default by successful bidder", but this section relates to the default of
not executing the agreement or failing to provide the required documentation
needed in the formation of the agreement. It does not address administration of
an awarded contract. It is therefore recommend that the by-law be amended to
provide the Purchasing Manager the authority to deal with contract administration
including the need to terminate, when necessary.
2. COMMENTS
2.1 The approval of this recommended change is in keeping with the original intent of
the Purchasing By-law,
3. CONCURRENCE
3.1 This report has been reviewed by Andrew Allison, Municipal Solicitor and the
Manager of Purchasing who concur with the recommendations.
4. CONCLUSION
4.1 In order to effectively administer supply and services agreement authority at the
procurement level is required in order to effectively administer agreement and if
necessary terminate and take the necessary steps to ensure project completion
of continued supply. It is therefore recommended that the Purchasing By-law be
amended accordingly.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Jerry Barber, Purchasing Manager
Attachments:
Attachment 1 -Amending By-law
Attachment 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2012-
A By-law to amend By-law 2010-112 being a by-law to provide
policies and procedures for the purchase of goods and
services.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT By-law 2010-112 be amended by adding the following section:
69.1 If a successful Bidder defaults on an awarded agreement, the Purchasing
Manager is authorized to take remedial action including termination of the
agreement and all necessary steps to ensure completion of the project or
continued service/supply.
2. This by-law shall take effect on the date of its passage.
By-law passed this day of , 2012.
Adrian Foster, Mayor
Patti. Barrie, Clerk