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HomeMy WebLinkAboutTR-64-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, JULY 18, 1994 Res. # � Report#:___TR_-64-94 File#: By-Law# Subject: PURCHASING BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-64-94 be received; 2 . THAT Purchasing By-law #82-96 and #83-16 be repealed; and 3. THAT the attached By-Law marked Schedule "All be approved. BACKGROUND AND COMMENT: In conjunction with report # TR-63-94 regarding a Local Preference Policy, staff felt that it was appropriate to review the Purchasing By-law in its entirety. The existing Purchasing By-law was implemented in 1982 with only one minor change which was approved in 1983. It has become evident over the years that the By-law was lacking in numerous areas as there were many situations that were not addressed such as tie bids, personal purchases, and co-operative purchasing.chasing. In addition, as the Municipality has grown, procedures which were implemented in 1982 are no longer appropriate and in the best interest of the Municipality. Due to inflation, the amounts established for the purchase of goods, works, and services in 1982 are unrealistic in today's economic environment. Many of the supplies, materials, equipment, general maintenance and services which had been obtained by quotation, now must be obtained by 46) REPORT NO. : TR-64-94 PAGE 2 PURCHASING BY-LAW tender, which incurs the accompanying costs in advertising and staff time and delay in placing orders. Based on an average inflation rate of five (5%) percent annually compounded over the past twelve years, this figure of $15,000.00 established for calling a public tender has risen to approximately $25,000.00, which is the basis for the recommendation to increase this amount. The attached Schedule "B" identifies and compares the proposed changes to the existing By-law. In addition, also attached, marked Schedule "C" is a "Purchasing By-law Comparison By Municipality" of the major changes . With respect to a Local Preference Policy this issue has been addressed in a separate information report # TR-63-94 and the recommended change is identified under section 5, paragraph 5 . 1 in the attached By-law. For the information of Council, the revised By-law has been reviewed by the Municipality's solicitor as well as the Chief Administrative Officer and the Department Heads . Due to the number of changes required to the existing By-law, it is respectfully recommended that By-law #82-96 and 83-16 be repealed and that it be replaced in its entirety with the attached By-law. I Respectfully submitted, Reviewed by, e Marano, H.BSc . ,AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer MM*LB*ld Attachments i / 4V SCHEDULE "All THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 94- being a By-law to define the purchasing and tendering policies and ..: procedures applying to the purchase of all types of goods, works and services by The Corporation of The Municipality of Clarington, `.` and to repeal By-law #82-96 and #83-16. Y f :.. ... BE IT ENACTED AND IT IS HEREBY ENACTED as a By-law of The Corporation of the Municipality of - °- P Y Clarington thereof as follows: `-`yX' 1. DEFINITIONS ............... ..... Bidders) - shall mean supplier, vendor, contractor, :. . .T;:. developer, ... , professionals and/or their heirs, executors, administrators and assigns. __. ,,;;•.......:......:.,,,:._ k shall mean the Clerk of the Corporation appointed b PP Y Council. z Council - shall mean the elected Council of the Corporation. .:: wr .::.......... Committee - shall mean a "standing or ad-hoc committee of the ;::•::::'::::':;:.;:.;.;.,.'.: Corporation. M. A ' Cor ' p ion orat shall mean The Corporation of the Municipality P Y of Clarington. Designated Official - shall mean the r:: head of each department `:.. _;: of the Corporation ation appointed by Council or the person authorized or assigned by the Designated Official to administer the procedures set out in this by-law on behalf of f. and for the Corporation in respect of 'such Designated ". """ Official's department. Goods - shall mean all ': ,;rc r.•::<•, goods and services which include all i} supplies, materials, equipment, general maintenance and .J' services , construction and works contracts leases rentals and repairs of equipment. Specifically excluded from this `�'�""''" `•� `" ' definition shall be the borrowing, lending and/or investin g of ..money; conventions; seminars; postage; conferences; courses; memberships; legal representation; appointment of external auditors and information from a professional consulting entity for a specific Planning Feasibility Study required by the .....-.:... ; Corporation. Purchasing Agent - shall mean t`he Purchasing & Supply Agent of the Corporation P appointed by Council. : ...:: L`." ..r ................ ................ - 2 - Treasurer - shall mean the Treasurer of the Corporation appointed by Council. Consulting and Professional Services - shall mean services provided by architects, engineers, designers, surveyors, management and financial consultants, brokers, soil consultants, real estate appraisers, Ontario land surveyors, and an other consulting and Y g professional services not ;r specifically otherwise noted. Co-operative Purchasing - refers to the participation of two or more public agencies in a tender call. , J ocal Bid - shall mean a bid submitted by a Bidder who operates a business within the Municipality of Clarington. ................ Purchase Order - shall mean a written offer to purchase goods r «r•:.: '" and services or a written acceptance of an offer from another party, by the Corporation. v ? Purchasing Procedures Manual - shall mean the Purchasing r Procedures Manual as included in the Treasury Department Procedures Manual outlining all daily procedures related to f! Procurement goods P ment of and services. r ��M:W.`.•�^� � : ';-:::_:<:: Authorize d Signatures - shall mean those persons authorized to T <F } sign purchase requisitions and invoices on behalf of the Municipality g p y conformin to the limits of the signing authority for the value of the goods required. The list of authorized signatures shall be maintained by the Treasurer. ;°fff i .. Wes.<...^ • Responsible Quotation - shall mean the quotation most r { q responsive to terms conditions and time of performance. `�5•;:'`Y��"::;�;;•�: ..,.•, The organization ion. and personnel shall show evidence of good organizational and management g practices, qualified personnel, proven experience in past performance y'"'' » P and sound financial condition. Departments - shall mean the Departments of the Municipality of Clarington and shall include: Treasury, Clerk's, Fire, Community Services, Administrator's, Public Works and Planninq and Development Departments. ap :;;4� ?;5ii;:b?vi?:::•:}::::; " - 3 - Local Boards - shall mean any board, commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of a Municipality. .. Regional Bid - shall mean a bid submitted by a bidder who operates a business within the Regional Municipality of Durham. .. Personal Purchase - shall mean a purchase of goods or services requested by an elected official f , an appointed official or by any other employee of the Corporation, the requirement for which is not for the Corporation or an of its Y purposes but is = for the benefit and use of the person requesting he g purchase. 2. PURCHASE REQUISITIONS 2.01 Each Designated Official of the Corporation shall submit to the Purchasing Agent a written request in the form of a "purchase requisition" for the requirements of such Designated Official's department for all Goods with the exception of those Goods detailed in the "Purchasing ; .; Procedures manual". The assurance of the allocation of --;?::=;•;::::;•::::;•::;:;; funds and accounting charge number shall be the responsibility of the Designated Official for all Purchase requisitions submitted. 2.02 All purchase requisitions submitted shall also bear an ;;:::;•.......:;.. Authorized Signature conforming to the limit ?;:rr•:r a :: ::;<;•::;';?>� g s of the signing authority for the value of the Goods required. The list_ �?> st of Authorized Signatures g s shall be maintained by the Treasurer. •-f ' !�f/ff` `•n�� 3. Requests on behalf of the Corporation may be made by Designated Officials for product and technical information, catalogues and price lists for Goods. Each Designated `' Official will furnish the Purchasing Agent, such data, specification details and information relating to the procurement of Goods, and the Purchasing Agent shall obtain all firm and/or token prices. 4. The disposal of surplus or redundant materials shall be the responsibility of the Purchasing Agent. The Purchasing Agent will periodically circulate a list of surplus materials to all Departments and Local Boards. F f:: _ 4 5. PURCHASING PROCEDURES 5.1 Local Preference - If in the determination of the Purchasing Agent, if a competitive market exists and two or more bids are received and are identical in price, provided quality, service and delivery are similar, then priority of acceptance shall be first for a Local Bid, if any, and then for a Regional Bid, if any, otherwise the lowest responsible bid shall be accepted. The following provisions shall apply to the purchase of Goods: f4 ; 5.01 Subject to any direction that may be given from time to . time by Council, the Purchasing Agent shall determine the method by which Goods shall be acquired, having regard to the nature, importance or urgency associated with the purchase requisition, subject to the f� j general t rade practice, market conditions and the guidelines of this t Y' By-law. The Purchasing Agent, at his/her discretion, may establish contracts with vendors in the form of: a) blanket orders; t' b) standing offer agreements; c) contract orders; d) service agreement orders; :., . e) syst ems contracts; f) lease or rental agreements; provided, however, that for individual transactions, the dollar amount will not exceed the budgetary allocation or the limits established by this By-law. 5.02 All Goods purchased valued over One Hundred Dollars . :. ($100.00) shall be covered by a Purchase Order, issued by ru ,. the Purchasing Agent. ` 5.03 The Purchasing Agent shall be authorized to make ; `" Y purchases not exceeding Ten Thousand Dollars 7 ($10,000.00), if (a) a minimum of three separate prices or quotes have been received or b where three separate prices or quotes, in the opinion of the Purchasing Agent cannot be practically obtained having regard to the urgency of the Purchase Requisition and/or availability ' of the Goods in the marketplace. Then such lesser number of prices or quotes as in the opinion of the Purchasing Agent can be obtained are obtained. 5.04 The Purchasing Agent shall be authorized to make purchases exceeding Ten Thousand Dollars ($10,000.00) but not exceeding Twenty-Five, Thousand Dollars ($25,000.00) , provided that: " P � f Y.t Y. - 5 - a) at least three or more written quotations are received, whenever possible; �• b) the lowest responsible quotation received is �Y.�;•:::::::::.:..:::. .:, accepted; c) documents for all quotations received are retained ecti P for ins .,..:,..... p on by the Treasurer or appropriate ... .:7 officials for audit purposes. 5.05 Referring to Y g paragraph 5.04, the Purchasing Agent shall '>Y+fit. submit a Report to the appropriate Designated Official `+ providing a list of written quotations received with recommendations for award. The purchase of Goods in this situation will be subject to the appropriate Designated Official's approval. Where the lowest responsible w<> quotation is not accepted or where the lowest responsible quotation exceeds the b udget allocation, the Purchasing Agent shall, in consultation with the appropriate ,; , , :. Designated Official, submit a Report to Committee and/or Council providing a list of written quotations received Y" with recommendations for award. The purchase of Goods in "! this situation shall be subject to Committee and/or -` - Council approval. 5.06 All purchases not otherwise identified in this By-law a KA nd nd excess in of Twenty-Five Thousand Dollars 2 5 0 00. $ 00 r ) :.::';:;:•: shall be by tender, unless otherwise determined and `��� -i=:�%• `:''>:;': directed b .:, y a Resolution of Council. 5.07 Under the direction of the Purchasing Agent, the g r ' ` '-:�:..::.•�.-.f-�:�;; ;-a:`.:;;::':?:>33 p erson(s) authorized to make p urchases on behalf of the department de t .. P f Public Works Fire and Community Services may order vehicle parts necessary to maintain the Corporation's vehicles, subject to the following: a) that the value of each separate order shall not exceed $500.00; and I-� j enc b) that the emer f g y purchase order is signed by the =Wes'`•:-:; ?;"::"::;•::;:::•:::::; Purchasing Agent prior to sending to the supplier. �:- �;::•:::::.::.::.:::::::: 5.08 Purchase orders ers shall not be split so as to circumvent the established method of urchase and nd the dollar limits imposed by this By-law. 5.09 Subject to the provisions of The Municipal Freedom of � � j t .. Y.:..... • � I y: Information nd Prot .. y , R.S.O. 1990 7 Chapter M.56, no Corporation employee nor any member of Y Council shall divulge�'` '��'�� •••'.'.•• •" � g g�ices received for any Goods rte...::.:...:............. .......................... _ .......................... ^ - 6 - w (a) the total bid amount in the case of public tenders"; and (b) the total bid amount in the case of "sealed bid ..." requests" shall be divulged on request. .. : Notwithstanding this Section 5.09, all prices recorded during the opening of tenders, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the # Municipal Act. R. P 5.0., 1990, Chapter M.45. 5,10 Notwithstanding the provisions of this By-law, the purchase of Goods for emergency purposes may be made by >:..: :: . .. the Purchasing Agent in circumstances 9 which could result in costly departmental downtime, danger to life and/or ;;:;; property damage. In all such cases •..��--r�;::.�;;:;<":::.:.:.-;: , a Report shall be jointly filed j y b y the Designated Official and the Purchasing Agent to the Committee and/or Council, should r,z:: ?v' j the value of the purchase exceed the guidelines established within this By-law. In the absence of the Purchasing Agent, purchases for emergency purposes may be _ made by a Designated Official and such purchases ^" confirmed by a purchase order issued by the Purchasing - :---; . Agent, as soon as possible. ww W ,...,.-. ;: erative Purchasing - The co-operative method of :.. purchasing with regard to tenders with other ..:..... Municipality's shall be utilized , when advantageous and practical. The purchasing by-law and tendering practices f o the Municipality issuing�.;J���•>��•���-�-=-•"�::.�-" Y g suc h tender(s) shall take precedence over this By-law with Y respect to calling, receiving and opening of the tender documents. :.,...^. •v:.:::>.;:::. - Subsequent to the opening nin g of the tender documents, all other terms and conditions of this By-law shall apply. PP .Y .� Subject to the Committee and/or Council approval, all " subse uent co-operative by-laws q P and constitutions will ...................... .,;.:.; hereby form part of this by-law. ...-........ ... 5.12 Requests for Proposals Purchases may be made through the use of proposals in those specific situations where ' a product or service cannot be adequately specified. This would apply to highly technical products or specialty services. _ When appropriate, proposaals shall be called by public ="' advertisement and/or invitation. w--^-. _... ..._.... -: ................... i - 7 - Y been h as Where it determined n that proposals are to be s j used, the Purchasing Agent shall be authorized to make P urchases using the proposal method for purchases ;,. exceeding Twenty-Five Thousand Dollars ($25,000.00) Provided that wherever Possible three written quotations are received, and that in consultation " =< ltation with the Designated Official, a Report be submitted to Committee and/or Council providing a list of bid . r:,;c;:•:;:;....<::.; amounts received with recommendations for award. The Purchase o t.�.A.., p f Goods in this situation will be subject to Committee and/or Council approval. s`.'> >s <' 5.13 Con sulting and Professional Services - Where it is •; ih ob. estimated that Consulting and Professional Services will <: cost less than Twenty-Five Thousand Dollars ($25,000.00) and funds are provided as defined in the appropriate ' budget, the initiating Department may w ......;:•::...... obtain the ;�:f:�::•... :1:::�:�f:•.: services. < f Where it is estimated that Consulting and Professional Services will cost more than Twenty-Five Thousand Dollars ($25,000.00) and funds are Provided as defined in the appropriate budget, the Purchasing Agent shall obtain written proposals and in consultation,..�y�✓. :. ion with the Designated K Official, submit a Report to Committee and/or Council providing a list of bid amounts ;: W•.:::.:;:'::::::•:::':'. received with recommendations for award. The purchase of services in =' this situation will be subject to Committee and/or '�' i ; :_:;i?':;`:•, Council approval. �.;;;; contracts for Consulting and Profe" Pisional Services : = worth more than Twenty-Five Thousand Dollars ($25,000.00) �^'TGW.'li.i�" aC{�:'.•.;c :-a ill w be by a formal agreement signed by the Mayor and Clerk or a Purchase".:..;,':::.::•::::::::•: p order issued by the Purchasing Agent. :r2;r;::;-:;; 5.14 Personal Purchaseg - No personal purchases shall be made Y< f by the Corporation for Members of Council, or any appointed member of a Board of Commission on of the Corporation for Employees of the Corporation, unless specifically authorized b Counc' y il. 5.15 Conflict of Interest - No employee of the Corporation or Member of Council shall bid on the sale of Goods except those disposed of by public auction. s 5.16 Identical Bids - If iin the determination of the Purchasing Agent, if a competitive market exists and two or more bids received are identical in price, provided S 8 Y quality, service and delivery are similar, then priority Y of acceptance shall be first for a Local Bid, if any, and then for a Regional Bid, if any, and otherwise the tender to be recommended for acceptance will be decided by means of a draw. The Bidders who have submitted similar bids :•:•::.. ` shall be notified and their names shall be placed in a container and the name of Bidder whose tender shall be --� recommended for acceptance shall be drawn by the Clerk in �r the presence of at least two witnesses. Any other w%ww persons desiring to be present at the draw may attend. an Should • •: -<•::..;,;;<; .;.;;;;...,.;� y Bidder elect not to be represented at the draw, the draw will proceed-•• p d regardless. 6. TENDERING PROCEDURES ' . The following procedures shall apply PP y to the purchase by tender � r� of all Goods estimated to be in excess of Twenty-Five Thousand • Dollars ? ($25,000.00) . ..... ....... :.:.:::. :_ 6.01 Advertising All tenders shall be called by Public Advertisement, r unless otherwise directed by Council and/or Committee. 6.02 Tender Closing Time All tender closing times shall be established by the Corporation. 6.03 R elease of Information to Bidders The Corporation shall supply the following materials to all prospective Bidders: a) one copy of the official tender j form relating to = ' the tender called; b) one stan d ar d tender envelope appropriately " imprinted; c) tendering information, i.e. plans, specifications, profiles, etc. ; r - d) where a deposit is required for tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque. If I applicable, refunds shall only be made when all required tender documents are returned to the w: Corporation in good condition. ti 6.04 Recording and Control of Tendering Material A list of prospective, responsible Bidders shall be .'•i......�?;�?:....;... i :?u.^ maintained by the Purchasing Agent when issuing tendering Y g material. All names, addresses and facsimile numbers of - all prospective Bidders who have been supplied with or `� who have requested the material set out in Section 6.03 j - 9 shall be recorded when tenders are released to facilitate mow,::.,...:.:.•.::::..,: distribution of addenda when necessary ry or to extend or cancel a ten - - der under call. The determination nation of responsibility res � P lity and prequalification of contractors and/or Bidders shall be decided d b the Y he hasin g Agent, in all cases. 7. CHANGES TO TENDERS UNDER CALL 7.01 Preparation of Addendum Interpretation of qualifications shall be made in the form of a written addendum. Addenda are necessary to i :<...:.: revise, delete, substitute or add to tendering material under call. The Purchasing Agent shall approve the jissuance of an addendum or the cancellation of the tender call. Not'7.02 _ ...:: . Notification of Addenda to Bidders If an addendum notice as aforesaid is prepared too late ..` r;;.. %-:: `?' to allow notification b ,rff�:•!... y registered mail prior to the tender closing time in add' g , addition to mailing the notice --^N f each prospective Bidder shall be notified of the revision :..cam• t:;: by telegram or facsimile, u ; 7.03 Addenda Issued after Receipt of Tender Where an addendum is released in the interim which in the opinion of the Purchasing Agent may affect a Bidder's tender, all tenders received and deposited•Y.:;, p prior to the "`•' :,':: tender opening y p g ma be withdrawn and the Bidder will be I given a new set of tender documents to be resubmitted a�r : following normal procedure. 7.04 Cancellation of Tender Under Call 7 ;: The Purchasing Agent reserves the right to cancel tenders Y:t ! under call as required. The procedure for the �t �� j notification of Bidders of a cancellation shall apply, as ....> ::a in Paragraph 7.02. All tenders s received after :: an . ;.:__ ...: ., cancellation will be returned unopened to the Bidder by registered mail with notification of the cancellation. J 8. CONDITIONS OF TENDER ScBMIS5ION = :< All tenders shall be submitted to the Office of the Clerk and shall be subject to the following conditions: � ` i 8.01 The correct Tender Form and envelope (with no extra 3 exterior covering) as supplied by the Corporation must be :::::::: :::: use ..... f t... ....: L, r � 10 8.02 Tenders must be properly sealed and delivered to the ? - i Office of the Clerk prior to the tender closing time established for that tender. ; 8.03 Time of delivery of any tender shall be determined by the Clerk or his/her delegate. 8.04 When received by the Office of the Clerk, the envelope s) ; r shall have the date and time of receipt noted on them by the Clerk or his/her delegate. Each tender received n a Tender Re shall be recorded i Register maintained h g Y the r i Office of the Clerk. 8.05 All tenders received by the Office of the Clerk shall be P laced unopened in a suitable locked receptacle and shall remain under the control of the Clerk. '. 8.06 All tenders delivered after the tender closing time or in other than the tender envelope supplied shall not be accepted by the Clerk and shall not be deposited in the a tender box. The Purchasing Agent shall be advised of the circumstances an d the tender returned unopened to r Bidder, accompanied by a letter which states "not accepted". z'`•: ` : ..... 8.07 Where no return address is visible on the outside of a tender that is - delivered after the close of tenders it shall be opened in the ;,..rte;_: :.,_,. P presence of the Clerk by the Purchasing Agent, a return address determined, the facts noted for the record and the ,rrr documents returned to the Bidder accompanied by a letter as in B."'06 above. . ; :•::r?: `:- 9. FORM OF TENDER 9.01 All tenders must be legible, written in ink or typed. ..r:Lra;�Ji ::: , .,,., . ,.j 9.02 All items must be bid" unless otherwise specified in t �. ............_. ::..... P he "� `''` ` "` tender call documents. 9.03 All entries including prices or each item must Wes• � unit i for _ «:.a.. clearly tated Y j 9.04 The tender cannot contain a r° n restrictive statements nor can the tender be qualified by separate letter. -; fz:-: 9.05 Unless specified in writing by the Purchasing Agent, no : alterations;:�•„�.�.;;:__;;:;;>:.:;; : .:;;� ions to the tende��'documents will be permitted, i . ... i 9.06 All tenders submitted must be signed by an authorized person and in the case of a Limited o r..r Y - 12 - 11.03 iX.... All tenders withdrawn prior to being deposited in : the tender box shall be returned and the withdrawal of the tender acknowledged in writing. r 11.04 All withdrawals received relating to tenders deposited in the tender box shall be deposited and r - all of the related documentation returned unopened following the tender opening. 11.05 Withdrawal of Bids During Opening - During a tender u opening at the conclusion of the reading out of bids on a contract, the low Bidder may withdraw any of his/her remaining tenders on other contracts. Tenders withdrawn under this procedure cannot be reinstated. The Bidder must attest in writing to his/her identity and state the contract(s) on which he/she desires to withdraw.�"�"`• `' aw. A Notice of Withdrawal of Tender must be signed b the prospective Y p p ect ive Bidder. ' This Notice must be handed to the Clerk or his/her delegate before the reading out of the first tender on the contracts ( ) to which it applies The Clerk or his/her delegate shall attach ti .:.::; i h it to the applicable tender. The Bidder's n �.-- :.'•_:::-..-: .--.:.. ame shall be read V :::::.::::;•:::•;,>:::::; out and it shall be announced that the tender has been :.� w.......:... withdrawn in accordance with established procedure. The bid amount of the tender shall not be read out, 12. OPENING TENDERS r � 12.01 All tenders shall be opened by the Clerk or his/her delegate in the presence of at least one witness Corporation for the Cor p ion and the Purchasing Agent or his/her r dele ate and the bids duly recorded.12.02 Any interested person may attend a Tender Opening. fry i 12.03 Where two or more tenders are called for at the same time, the tenders shall be opened in numerical `= order, with the lowest numbered tender being opened ::.•: ::::':;::.:-:::::::.::::':, first. 12.04 Having established, the order of precedence, the :::J�.,:,.:.;:•::':::;•::::'::.:,,,:1 Clerk or his/her delegate shall remove the tenders _ from the Tender Receptacle. _ f S t l :.> 13 ,`: 12.05 Where a tender cannot be identified as to the :..... number,author or contract , such an envelope shall be opened is p and the documents placed with the w appropriate group of tenders. 12.06 Where. a conflict exists in respect of the envelope x and its contents as to the contract number, the W. contract number on the tender documents shall prevail. 12.07 When all tenders have been sorted, opened ened and withdrawn tenders segregated g gated ursuant to paragraph <:':::�r�':::•;::';';;:;:;';::-:;_:: • 11.04 ::•:: ::;;';:;: he Clerk shall com a pre the number of , t tenders opened to the number of tenders recorded in the Record of Tenders. Where a discrepancy exists ::Wi the proceedings shall be delayed until all tenders ;•:v. have::-.w�..........::::...:.....:: a been accounted for. w fir::' ::`:: 12.08 When all tenders are accounted me d for, he Clark r 0 ~S i his/her ;.:..7r ,.. delegate shall announce each tender publicly in the following manner: tender number and specifications; P ions• ;::;%::; : ;3 ii) Bidders name and location; r...::::::::::.:::::. ':W - ...... ; ,. iii) bid deposit and bonding letter (if required); iv) total bid amount. 12.09 All tenders s ..'��y���.,,'.,-:.:::.•::'.:...:.,..., hall be checked to determine that each Bidder has submitted one bid only. Should more .:.......,� than one bid be submitted,, t he lowest t bid submitted r'::•z;; ..... shall be deemed to be the intended nded bid, unless one v=a. of the bids has been withdrawnt.' in the manner prescribed i ......-:::. ., :;:;•:•:•::::::•::':.:,•. P n Section 11. E;f..............::.:.. .... .- 12.10 Following the ? Via.;;: ; :;;:. . g opening and recording f tenders b . g y ... Z the Clerk, the Record of Tenders shall be closed and the record signed attesting o that fact. t. 12.11 With the exception of the Clerk and the Purchasing f Agent or their delegates, no dialogue will be permitted with respect to the Y `..'�.'' P proceedings. sr 13. VERIFICATION OF TENDERS s 4 All tenders will be delivered to the Purchasing Agent who >r•:.. shall ensure that: :rr;t•:;;::': ::msµ .........".:�:::.:w:: ". 14 - a) all tenders comply with the tender requirements; b) all unit prices have been correctly extended; C) a 11 extensions ha ve been cor re ctly totalled; d) unit prices shall govern the intention of the bid, j in the event of arithmetic errors. 13.01 Improper Bids Any bids that fail to meet the established criteria :j shall be deemed to be "improper bids", and be subject to further examination by the Purchasing : •„•:. Agent for the purpose of establishing the degree of :y9•..;t.:. :.: defect contained in the document. e =:?`` ';<;`>' 13.02 unequivocal Rejection of Bids ;.:;,_;:;;:,;.;.3 All bids shall be rejected that are: ..ti.{:,,,,:...•;:,..,,: ;:• ) received after the tender closing time; `::^;;: :• .:,.: ::::;`: b) delivered in other than the prescribed tender envelopes; c that are not completed in ink or by typewriter; d incomplete p le and do not comply with specifications; e) restrictive or contain conditional statements ?'s;?: ': ? which are intended to alter the form or intent of the tender called by the Corporation; :: : : .:,-:.: :_:`_;.:_::'•>:'1 f) submitted with improperly 3 executed documents, g) unaccompanied by bonding documents or bid :r: � ::•:•:'::•;•..:: ;;;;:;,:;-;::; deposits where required. 13.03 >s':;;-rf•. ,•::::�::::::::::.: :::. Exceptions The Purchasing Agent may at his/her discretion accept or re -:•:%;::•:<•;: P reject a bid when: a) the "Agreement to Bond” is improperly on executed; (if the bid is accepted he/she may ;: s •,•;i;> -:' ` ':i< . allow a period of time " r P to have the Agreement t to Bond" corrected) .T <?;: f.<<r,::.•::•>::;;i::>: b) the envelope is improperly sea led,. c) the documents are illegible; d .....r..::....:..:....:........,•. <.;, <:»:•::•;:;:;;:•;:•:::;;•;;;.: t he envelope contain s an improper bid deposit, P ':%-=:>'::: :`:°s:.:! e) the arithmetic extensions contain gross .. •w' .: errors. :: .:... ':•:j... M. 14. AWARD OF TENDERS F s•. � ..•,,.. The Purchasing Agent shall review the tender with client y department and shall then re pbxt to the General Purpose and Administration Committee and/6k Council. ME .� V' l Y • r Where the tender amount exceeds the budget allocation the report shall contain the requisite information with respect to .: i the source of additional funding. Upon approval of the tender b y Council, the Purchasing Agent shall make the award and issue a Purchase Order in accordance ....- with the conditions of the tender. "W 15. DISPOSITION OF BID DEPOSITS awarding Following the ` g or cancellation of a tender, all deposits, with the exception of the low and second low Bidders ' in the case of an award shall be returned to the unsuccessful Bidders by registered mail, or if picked up, receipt acknowledged in writing. The:` . - �,t,�•; g retained deposits will be held _ . 1 until the contract is executed (see 16) . 16. EXECUTION OF CONTRACT The successful Bidder shall be allowed t en (10) working days from the date of mailing of the form of contract to execute and return the same to the Purchasing Agent. The Mayor and Clerk shall execute contracts on behalf of the rt Corporation when required, and a By-law authorizing the execution of such contracts shall be approved by Council prior v= ... ......... < =` `=i to the signing of the contract b ;., g y either of them. ... .......... 17. DEFAULT BY SUCCESSFUL BIDDER If,,. the successful Bidder fails to execute the contract or fails to meet an of the y requirements of the contract within the prescribed time, the tender may be awarded to the next - :; Y ?': '- •:"-=-�-:•. ....... lowest Bidder(s ) or cancelled. In the event a successful yv rov'or Bidder fails to execute, finalize and/or provide acceptable surety for a contract, the Bidder's deposit(s) will be forfeited. 18. ABSOLUTE RIGHT J��.�:� :'` .`;:i -:": Notwithstanding the provisions of this By-law, the o :.:''�'::::::::::.:�'.-:::•:::_ Y � Corporation .... ->; shall have absolute discretion=='-�.•t�:,::;::..;'::.:::;::. n in the awarding of contracts and retains the right to reject any,y, or all tenders. f ,rr ........... � w :.: . w..- . .......... : :? > :. 16 Y- :?: : >:>:::: BY-LAW read a first ; Y% :;:`:;;«<;,;: time this day of , 1994. BY-LAW read a second time this day of , 1994. LAW read a third time and finally W .......... ... :'. . passed this day of Mayor -: ... .-. ,,•:.►. , ..». Clerk F t ' i l l .�J W :l I I l i L., ..... .'.'..................:...: :.tZS•. v z' .................. A '. i Yf_•. i . ...msµ �`�...:�'::'::;':;. 6 J SCHEDULE "B" SUMMARY OF AMENDMENTS TO BY-LAW 82-96 PARAGRAPH 1, DEFINITIONS CURRENTLY READS: Designated Official - shall mean the Department Head or persons authorized or assigned to administer the approved procedures on behalf of and for the Corporation of the Town of Newcastle. AMEND TO READ: Designated Official - shall mean the head of each department of the Corporation appointed by Council or the person authorized or assigned by the Designated Official to administer the procedures set out in this by-law on behalf of and for the Corporation in respect of such Designated Official's department. CURRENTLY READS: Goods - shall mean all goods and services which include all supplies, materials, equipment, general maintenance and services, construction and works contracts, leases, rentals and repairs of equipment. Exclusions of this definition shall include specifically the borrowing, lending and/or investing of money and information from a professional consulting entity for a specific feasibility study required by the Corporation. AMEND TO READ: Goods - shall mean all goods and services which include all supplies, materials, equipment, general maintenance and services, construction and works contracts, leases, rentals and repairs of equipment. Specifically excluded from this definition shall be the borrowing, lending and/or investing of money; conventions; seminars; postage; conferences; courses; memberships; legal representation; appointment of external auditors and information from a.professional consulting entity for a specific Planning Feasibility Study required by the Corporation. i ADDED TO DEFINITIONS: I i Consulting and Professional Services - shall mean services provided by architects, engineers, designers, surveyors, management and financial consultants, brokers, soil consultants, real estate appraisers, Ontario land surveyors, and any other consulting and professional services not specifically otherwise noted. 6 i i - 2 - Co-operative Purchasing - refers to the participation of two or more public agencies in a tender call. Local Bid - shall mean a bid submitted by a Bidder who operates a business within the Municipality of Clarington. Purchase Order - shall mean a written offer to purchase goods and services or a written acceptance of an offer from another party, by the Corporation. Purchasing Procedures Manual - shall mean the Purchasing Procedures Manual as included in the Treasury Department Procedures Manual outlining all daily procedures related to the procurement of goods and services. Authorized Signatures - shall mean those persons authorized to sign purchase requisitions and invoices on behalf of the Municipality conforming to the limits of the signing authority for the value of the goods required. The list of authorized signatures shall be maintained by the Treasurer. Responsible Quotation - shall mean the quotation most responsive to terms, conditions and time of performance. The organization and personnel shall show evidence of good organizational and management practices, qualified personnel, proven experience in past performance and sound financial condition. Departments - shall mean the Departments of the Municipality of Clarington and shall include: Treasury, Clerk's, Fire, Community Services, Administrator's, Public Works and Planning and Development Departments . Local Boards - shall mean any board, commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of a Municipality. Regional Bid - shall mean a bid submitted by a bidder who operates a business within the Regional Municipality of Durham. Personal Purchase - shall mean a purchase of goods or services requested by an elected official, an appointed official or by any other employee of the Corporation, the requirement for which is not for the Corporation or any of its purposes but is for the benefit and use of the person requesting the purchase. i i i 3 - PARAGRAPH 2, SECTION 2.01, FIRST SENTENCE CURRENTLY READS: Each Designated Official of the Corporation shall submit to V116 Purchasing Agent a written request in the form of a "purchase requisition" for its requirements for all goods with the exception of those goods detailed in the "Purchasing Procedures Manual" . AMEND TO READ: Each Designated Official of the Corporation shall submit to the Purchasing Agent a written request in the form of a "purchase requisition" for the requirements of such Designated Official's department for all Goods with the exceptioh- of those Goods detailed in the "Purchasing Procedures manual" . PARAGRAPH 3, FIRST SENTENCE CURRENTLY READS: Requests may be made by Designated Officials for products and technical information, catalogues and price lists for goods, on behalf of the Corporation. AMEND TO READ: Requests on behalf of the Corporation may be made by Designated Officials for product and technical information, catalogues and price lists for Goods. PARAGRAPH 5, ADD SECTION 5.1 Local Preference - If in the determination of the Purchasing Agent, if a competitive market exists and two or more bids are received and are identical in price, provided quality, service and delivery are similar, then priority of acceptance shall be first for a Local Bid, if any, and then for a Regional Bid, if any, otherwise the lowest responsible bid shall be accepted. PARAGRAPH 5, SECTION 5.01, LAST SENTENCE CURRENTLY READS: Contracts or lease agreements that extend beyond the term of Council shall be subject to Ontario Municipal Board approval. DELETE SENTENCE IN ITS ENTIRETY / 68 4 - PARAGRAPH 5, SECTION 5.03 CURRENTLY READS: The Purchasing Agent shall be authorized to make purchases not exceeding Five Thousand Dollars ($5,000 . 00) , subject only to condition that three separate prices have been received, whenever possible. AMEND TO READ: The Purchasing Agent shall be authorized to make purchases not exceeding Ten Thousand Dollars ($10,000 . 00) , if (a) a minimum of three separate prices or quotes have been received, or (b) where three separate prices or quotes, in the opinion of the Purchasing Agent cannot be practically obtained having regard to the urgency of the Purchase Requisition and/or availability of the Goods in the marketplace. Then such lesser number of prices or quotes as in the opinion of the Purchasing Agent can be obtained are obtained. PARAGRAPH 5, SECTION 5.04 CURRENTLY READS: The Purchasing Agent shall be authorized to make purchases exceeding Five Thousand Dollars ($5,000) but not exceeding Fifteen Thousand Dollars ($15,000) , provided that: a) at least three or more written quotations are received, whenever possible; I b) the lowest responsible quotation received is accepted; c) documents for all quotations received are retained for inspection by the Treasurer or appropriate officials for audit purposes. j AMEND TO READ: The Purchasing Agent shall be authorized to make I purchases exceeding Ten Thousand Dollars ($10,000) but not exceeding Twenty-Five Thousand Dollars ($25, 000) , provided that: I i i' 0 5 - a) at least three or more written quotations are received, whenever possible; b) the lowest responsible quotation received is accepted; cl ' documents for all quotations received are retained for inspection by the Treasurer or appropriate officials for audit purposes. PARAGRAPH 5, SECTION 5.05 CURRENTLY READS: Referring to paragraph 5.04, where at least three written quotations are not received, or where the - lowest ` responsible quotation is not accepted or where the lowest responsible quotation exceeds the amount of Ten Thousand Dollars ($10.,000) , the Purchasing Agent shall, in consultation with the Designated Official, submit a Report to Committee and/or Council providing a list of bid amounts received with recommendations for award. The purchase of goods in this situation will be subject to Committee and/or Council approval. AMEND TO READ: Referring to paragraph 5.04, the Purchasing Agent shall submit a Report to the appropriate Designated Official providing a list of written quotations received with recommendations for award. The purchase of Goods in this situation will be subject to the appropriate Designated Official's approval. Where the lowest responsible quotation is not accepted or where the lowest responsible quotation exceeds the budget allocation, the Purchasing Agent shall, in consultation with the appropriate Designated Official, submit a Report to Committee and/or Council providing a list of written quotations received with recommendations for award. The purchase of Goods in this situation shall be subject to Committee and/or Council approval. PARAGRAPH 5, SECTION 5.06 CURRENTLY READS: All purchases in excess of Fifteen Thousand Dollars ($15,000) shall be by tender, unless otherwise determined and directed by a Resolution of Council. 6 - AMEND TO READ: All purchases not otherwise identified in this By-law and in excess of Twenty-Five Thousand Dollars ($25,000) shall be by tender, unless otherwise determined and directed by a Resolution of Council. PARAGRAPH 5, SECTION 5.07 CURRENTLY READS: i Under the direction of the Purchasing Agent, the person(s) authorized to make purchases on behalf of the department of Public Works, Fire, Community Services, Clerk's (re Animal Control) may order vehicle parts necessary to maintain :the Corporation's vehicles, subject to the following: a) That the value of each separate order shall not exceed $500 . 00; b) That the purchase order is signed by the Purchasing Agent prior to sending to the supplier. AMEND TO READ: Under the direction of the Purchasing Agent, the person(s) authorized to make purchases on behalf of the department of Public Works, Fire and Community Services, may order vehicle parts necessary to maintain the Corporation's vehicles, subject to the following: a) that the value of each separate order shall not exceed $500 . 00; b) that the emergency purchase order is signed by the Purchasing Agent prior to sending to the supplier. PARAGRAPH 5, SECTION 5.09 CURRENTLY READS: Corporation Employees or any elected official, shall not divulge prices received for any goods except the total bid amount in the case of "public tenders" and "sealed bid requests" . All prices recorded during the opening of tenders, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the Municipal Act. R.S.O. , 1980 . Total bid amounts for "sealed bid requests" will be revealed upon request. 7 - AMEND TO READ: Subject to the provisions of The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56, no Corporation employee nor any member of Council shall divulge prices received for any Goods except: (a) the total bid amount in the case of "public tenders" ; and (b) the total bid amount in the case of "sealed bid requests" shall be divulged on request. Notwithstanding this Section 5 .09, all prices recorded during the opening of tenders, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the Municipal Act. R.S .O. , 1990, Chapter M. 45. PARAGRAPH 5, SECTION 5.10 CURRENTLY READS: Notwithstanding the provisions of this By-law, emergency purchase of goods may be made by the Purchasing Agent in circumstances which could result in costly departmental downtime, danger to life and/or property damage. In all such cases, a Report shall be filed jointly by the Designated Official and the Purchasing Agent to the Committee and/or Council, should the value of the purchase exceed the guidelines established within this By-law. In the absence of the Purchasing Agent, emergency purchases may be made by a Designated Official and such purchases confirmed by a purchase order issued by the Purchasing Agent, as soon as practicable. AMEND TO READ: Notwithstanding the provisions of this By-law, the purchase of Goods for emergency purposes may be made by the Purchasing Agent in circumstances which could result in costly departmental downtime, danger to life and/or property damage. In all such cases, a Report shall be filed jointly by the Designated Official and the Purchasing Agent to the Committee and/or Council, should the value of the purchase exceed the guidelines established within this By-law. In the absence of the Purchasing Agent, purchases for emergency purposes may be made by a Designated Official and such purchases confirmed by a purchase order issued by the Purchasing Agent, as soon as possible. i I / / 2 I 8 - PARAGRAPH 5, ADD SECTION 5.11 AS FOLLOWS: Co-operative Purchasing - The co-operative method of purchasing with regard to tenders with other Municipality's shall be utilized, when advantageous and practical. The )iirchasing by-law and tendering practices of the Municipality issuing such tender(s) shall take precedence over this By-law with respect to calling, receiving and opening of the tender documents. Subsequent to the opening of the tender documents, all other terms and conditions of this By-law shall apply. Subject to the Committee and/or Council approval, all subsequent co-operative by-laws and constitutions will hereby form part of this by-law. PARAGRAPH 5, ADD SECTION 5. 12 AS FOLLOWS: Requests for Proposals - Purchases may be made through the use of proposals in those specific situations where a product or service cannot be adequately specified. This would apply to highly technical products or specialty services. When appropriate, proposals shall be called by public advertisement and/or invitation. Where it has been determined that proposals are to be used, the Purchasing Agent shall be authorized to make purchases using the proposal method for purchases exceeding Twenty-Five Thousand Dollars ($25,000.00) provided that wherever possible three written quotations are received, and that in consultation with the Designated Official, a Report be submitted to Committee and/or Council providing a list of bid amounts received with recommendations for award. The purchase of Goods in this situation will be subject to Committee and/or Council approval. PARAGRAPH 5, ADD SECTION 5. 13 AS FOLLOWS: Consultingr and Professional Services - Where it is estimated that Consulting and Professional Services will cost less than Twenty-Five Thousand Dollars ($25,000 . 00) and funds are provided as defined in the appropriate budget, the initiating Department may obtain the services. Where it is estimated that Consulting and Professional Services will cost more than Twenty-Five Thousand Dollars ( $25,000 . 00) and funds are provided as defined in the appropriate budget, the Purchasing Agent shall obtain written proposals and in consultation with the Designated Official, submit a Report to Committee and/or Council providing a list of bid amounts received with recommendations for award. The purchase of services in this situation will be subject to Committee and/or Council approval. M 9 - All contracts for Consulting and Professional Services worth more than Twenty-Five Thousand Dollars ($25,000.00) will be by a formal agreement signed by the Mayor and Clerk or a purchase order issued by the Purchasing Agent. PARAGRAPH 5, ADD SECTION 5.14 AS FOLLOWS: Personal Purchases - No personal purchases shall be made by the Corporation for Members of Council, or any appointed member of a Board of Commission of the Corporation for Employees of the Corporation, unless specifically authorized by Council. PARAGRAPH 5, ADD SECTION 5.15 AS FOLLOWS: Conflict of Interest - No employee of the Corporation or Member of Council shall bid on the sale of Goods except those disposed of by public auction. PARAGRAPH 5, ADD SECTION 5.16 AS FOLLOWS: Identical Bids - If in the determination of the Purchasing Agent, if a competitive market exists and two or more bids received are identical in price, provided quality, service and delivery are similar, then priority of acceptance shall be first for a Local Bid, if any, and then for a Regional Bid, if any, and otherwise the tender to be recommended for acceptance will be decided by means of a draw. The Bidders who have submitted similar bids shall be notified and their names shall be placed in a container and the name of Bidder whose tender shall be recommended for acceptance shall be drawn by the Clerk in the presence of at least two witnesses. Any other persons desiring to be present at the draw may attend. Should any Bidder elect not to be represented at the draw, the draw will proceed regardless . PARAGRAPH 6, TENDERING PROCEDURES I CURRENTLY READS: The following procedures shall apply to the purchase of all goods estimated to be in excess of Fifteen Thousand Dollars ($15,000) . AMEND TO READ The following procedures shall apply to the purchase by tender of all Goods estimated to be in excess of Twenty- Five Thousand Dollars ($25,000) . - 10 - PARAGRAPH 6, SECTION 6.03, RELEASE OF INFORMATION TO BIDDERS, i ITEM A CURRENTLY READS: Two copies of the official tender form relating to the t�6rider called; AMEND TO READ: one copy of the official tender form relating to the tender called; PARAGRAPH 6, SECTION 6.03, RELEASE OF INFORMATION TO BIDDERS, ITEM D CURRENTLY READS: Where a deposit is required for tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque. Refunds shall only be made when all required tender documents are returned to the Corporation in good condition. AMEND TO READ: where a deposit is required for tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque. If applicable, refunds shall only be made when all required tender documents are returned to the Corporation in good condition. PARAGRAPH 6, SECTION 6.04: CURRENTLY READS: A list of prespective, responsible bidders shall be maintained by the Purchasing Agent when issuing tendering material. All names and addresses shall be recorded when tenders are released to facilitate distribution of addenda when necessary, to extend or cancel a tender under call. The determination of responsibility and prequalification of contractors and/or bidders shall be decided by the Purchasing Agent, in all cases . AMEND TO READ: A list of prospective, responsible Bidders shall be maintained by the Purchasing Agent when issuing tendering material . All names, addresses and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 6 .03 shall be recorded when tenders are released to facilitate distribution of addenda i when necessary or to extend or cancel a tender under call. The determination of responsibility and prequalification of contractors and/or Bidders shall be decided by the Purchasing Agent, in all cases . PARAGRAPH 7, SECTION 7.02, NOTIFICATION OF ADDENDA TO BIDDERS CURRENTLY READS: Bidders shall be notified of an addendum initially by telephone and confirmed by written notice delivered via registered mail. The bidder may have the option of receiving the addendum by personally picking up the notice from the Purchasing Agent with receipt acknowledged by signature. AMEND TO READ: If an addendum notice as aforesaid is prepared too late to allow notification by registered mail prior to the contract closing time, in addition to mailing the notice, each prospective Bidder shall be notified of the revision by telegram or facsimile. PARAGRAPH 7, ADD SECTION 7.03 Addenda Issued after Receipt of Tender Where an addendum is released in the interim which in the opinion of the Purchasing Agent may affect a Bidder's tender, all tenders received and deposited prior to the tender opening may be withdrawn and the Bidder will be given a new set of tender documents to be resubmitted following normal procedure. PARAGRAPH 7, SECTION 7.04 CURRENTLY READS, SECTION 7. 03 The Purchasing Agent reserves the right to cancel tender under call as required. Procedure for cancellation shall apply, as in Paragraph 7.02 . All tenders received after cancellation will be returned unopened to the bidder by registered mail with notification of cancellation. I 12 - AMEND TO READ, SECTION 7.04: The Purchasing Agent reserves the right to cancel tenders under call as required. The procedure for the notification of Vidders of a cancellation shall apply, as in Paragraph 7 .02 . All tenders received after cancellation will be returned unopened to the Bidder by registered mail with notification of the cancellation. PARAGRAPH 8, CONDITIONS OF TENDER SUBMISSION, SECTION 8.01 CURRENTLY READS: The correct Tender Form and envelope as supplied by the , Corporation must be used. AMEND TO READ: The correct Tender Form and envelope (with no extra exterior covering) as supplied by the Corporation must be used. PARAGRAPH 8, CONDITIONS OF TENDER SUBMISSION, SECTION 8.06 CURRENTLY READS: All tenders delivered late shall not be accepted by the Office of the Clerk. The Purchasing Agent shall be advised of the circumstances and the tender returned unopened to the bidder, accompanied by a letter which states "not accepted, delivered after the close of tenders" . AMEND TO READ: All tenders delivered after the tender closing time or in other than the tender envelope supplied shall not be accepted by the Clerk and shall not be deposited in the tender box. The Purchasing Agent shall be advised of the circumstances and the tender returned unopened to the Bidder, accompanied by a letter which states "not accepted" . I I 1'3 - PARAGRAH 10, LAST SENTENCE: CURRENTLY READS: Bid deposits shall be submitted in accordance with following rchedule, unless otherwise specified. AMEND TO READ: Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Agent. PARAGRAPH 11, WITHDRAWAL OF TENDERS AMEND TO ADD 11. 05 Withdrawal of Bids During Opening - During a tender opening at the conclusion of the reading out of bids on a contract, the low Bidder may withdraw any of his/her remaining tenders on other contracts . Tenders withdrawn under this procedure cannot be reinstated. The Bidder must attest in writing to his/her identity and state the contract(s) on which he/she desires to withdraw. A Notice of Withdrawal of Tender must be signed by the prospective Bidder. This Notice must be handed to the Clerk or his/her delegate before the reading out of the first tender on the contract(s) to which it applies. The Clerk or his/her delegate shall attach it to the applicable tender. The Bidder's name shall be read out and it shall be announced that the tender has been withdrawn in accordance with established procedure. The bid amount of the tender shall not be read out. PARAGRAPH 12, SECTION 12.09 CURRENTLY READS: All Tenders shall be checked to determine that bidders have I not submitted more than one bid. Should this situation arise, the lowest bid submitted shall be deemed to be the intended bid, unless one of the bids has been withdrawn in the prescribed manner in Section 11. AMEND TO READ: I All tenders shall be checked to determine that each Bidder has submitted one bid only. Should more than one bid be submitted, the lowest bid submitted shall be deemed to be the intended bid, unless one of the bids has been withdrawn in the prescribed manner in Section 11. I w 14 _ PARAGRAPH 13, SECTION 13.02 ITEMS A, E, F and G CURRENTLY READS: a Received late; e) That contain restrictive or conditional statements which are intended to alter the form or intent of the tender called by the Corporation; f) That contain improperly executed documents; g) Unaccompanied by bonding documents or bid deposits . AMEND TO READ a) received after the tender closing time; e) restrictive or contain conditional statements which are intended to alter the form or intent of the tender called by the Corporation; f) submitted with improperly executed documents; g) unaccompanied by bonding documents or bid deposits where required. PARAGRAPH 15 CURRENTLY READS: Following the awarding or cancellation of a tender, all deposits, with the exception of the low and second low bidders in the case of an award, shall be returned to the unsuccessful bidders by registered mail, or if picked up, receipt acknowledge in writing. AMEND TO ADD THE FOLLOWING: Following the awarding or cancellation of a tender, all deposits, with the exception of the low and second low Bidders in the case of an award, shall be returned to the unsuccessful Bidders by registered mail, or if picked up, receipt acknowledged in writing. The retained deposits will be held until the contract is executed (see 16) . 15 - GENERAL WORDING CHANGES PARAGRAPH 1, DEFINITIONS CURRENTLY READS: . . . The Corporation of the Municipality of Clarington . . . AMEND TO READ: . . . The Corporation. . . PARAGRAPH 11, SECTION 11.05, PARAGRAPH 13, SECTION 13.03 Currenting reading "he" , Amend to read "he/she" . PARAGRAPH 5, SECTION 5. 01 PARAGRAPH 8, SECTIONS 8 .03, 8.04 PARAGRAPH 11, SECTION 11.05 PARAGRAPH 12, SECTIONS 12.01, 12 .04, 12 .08 PARAGRAPH 13, SECTION 13.03 Currently reading "his" , Amend to read "his/her" . I i I I I SCHEDULE "C" PURCHASING BY-LAW COMPARISON BY MUNICIPALITY MUNICIPALITY DOLLAR VALUE COUNCIL APPROVAL REQUIRED FORMAL QUOTATIONS Region of Durham +10,000 -50,000 Report to Standing Committee and Council only if other than lowest overall cost accepted Town of Pickering + 5,000 - 20,000 Report to Council only if lowest responsible Quotation exceeds$20,000 Town of Whitby +10,000 -25,000 Report to Operations Committee only if lowest responsible Quotation exceeds budget allocation and/or exceeds$25,000 City of Oshawa +12,500 -25,000 Report to Board of Control only when three written Quotations not received,or where lowest Quotation is not accepted Report to Committee and/or Council only Proposed +10,000 - 25,000 where lowest Quotation not accepted or co Municipality of Clarington when lowest responsible Quotation exceeds budget allocation TENDERS Region of Durham +50,000 Yes Town of Pickering +20,000 Yes Town of Whitby +25,000 Yes City of Oshawa +25,000 Yes Proposed +25,000 Yes Municipality of Clarington PURCHASING BY-LAW COMPARISON BY MUNICIPALITY MUNICIPALITY DOLLAR VALUE COUNCIL APPROVAL REQUIRED REQUESTS FOR Region of Durham +500 -50,000 No PROPOSALS Town of Pickering 5,000 - 20,000 No Town of Whitby +10,000 Yes City of Oshawa Not included in existing By-law (under review) Proposed Yes Municipality of Clarington +25,000 PROFESSIONAL FEES Region of Durham +50,000 Yes Town of Pickering +20,000 Yes Town of Whitby Not included in existing By-law City of Oshawa Not included in existing By-law (under review) Proposed Yes Municipality of Clarington +25,000 PURCHASING BY-LAW COMPARISON BY MUNICIPALITY MUNICIPALITY APPLICABLE BY-LAW CLAUSE LOCAL BID POLICY Region of Durham 2.0 Policies 2.1 "The Regional Municipality of Durham will acquire its goods, services and works without favouritism at the lowest overall cost considered with the application of appropriate principles;" 2.2 "The Regional Municipality of Durham will acquire its goods, services and works through the application of the highest standards of business ethics." Town of Pickering 4.1 "If a competitive market exists,provided quality,service,delivery and price are similar,the lowest price shall be accepted." Town of Whitby 3a) "Goods and Services will be purchased in accordance with policies and procedures specified. In quotation and tendering practices,local preference shall not be a determining factor. The lowest acceptable bid meeting the specifications will be the basis of decision for contract award. Such a policy shall be adhered to in order to promote competitive bidding and maintain the fair enterprise system." �F b) Goods and Services costing less than the limits specified for quotations and tenders will be purchased from suppliers located in the Town of Whitby provided quality,service,delivery and price are equal." c) The Purchasing Agent will endeavour to maintain up-to-date information relating to the types of goods and services available from local suppliers." City of Oshawa Not included in existing By-law(under review) Proposed 5.1 Local Preference Municipality of Clarington "If in the determination of the Purchasing Agent,if a competitive market exists and two or more bids are received and are identical in price,provided quality, service and delivery are similar,then priority of acceptance shall be first for a Local Bid,if any, and then for a Regional Bid,if any, otherwise the lowest responsible bid shall be accepted.