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BY-LAW NUMBER 2022-109 <br /> of the <br /> CORPORATION OF THE CITY OF KITCHENER <br /> (Being a By-law regarding the Procurement of <br /> Goods and Services) <br /> WHEREAS the Municipal Act 2001, S.O.,Section 270 requires all municipalities and local boards <br /> to adopt and maintain a policy concerning the procurement of goods and services. <br /> AND WHEREAS the Corporation of the City of Kitchener is committed to ensuring its procurement <br /> decisions are fair, open and transparent; <br /> AND WHEREAS purchases made by the City of Kitchener should reflect best value for the <br /> taxpayer, protect the Corporation's financial interests and encourage competitive bidding; <br /> AND WHEREAS the Corporation of the City of Kitchener must be prepared to manage <br /> extraordinary circumstances from time to time, and that such circumstances may require <br /> immediate procurement decisions that are necessary to prevent or alleviate serious delay,a threat <br /> to public health,safety or welfare,the disruption of essential services or damage to public property <br /> or to respond to any emergency of the Corporation or as required under the provincial Emergency <br /> Management and Civil Protection Act(as amended); <br /> AND WHEREAS effective planning, monitoring and control of public sector procurement are <br /> essential for maintaining public trust and confidence; <br /> AND WHEREAS it is deemed expedient that the Council of The Corporation of the City of <br /> Kitchener establish a policy concerning the procurement of goods and services. <br /> NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: <br /> 1. PURPOSES OF THIS BY-LAW <br /> The purposes of this By-law are: <br /> 1.1. To express the City's goals and objectives in relation to its procurement of goods,services <br /> and construction; <br /> 1.2. To describe the roles, responsibilities and authorities of the City's employees,officers and <br /> elected officials in carrying out the City's procurement operations; <br /> 1.3. To extend authority to the CAO and CPO for the approval of detailed procurement procedures <br /> and protocols that are consistent with the intent of this By-law and,to supplement and amend <br /> those procedures and protocols as and when deemed necessary, to meet the present and <br /> future needs of the City;and, <br /> 1.4. To comply with the requirements of Section 270(1)of the Municipal Act,S.O.,2001,as <br /> amended from time to time. <br /> 2. PROCUREMENT GOALS AND OBJECTIVES <br /> The goals and objectives of the City's procurement operations are: <br /> 2.1. To obtain the best value for the City when procuring goods and service(s)and construction <br /> and manage inventory in an efficient,timely and cost effective manner; <br /> 2.2. To encourage competitive procurement and ensure the principles of fairness,objectivity, <br /> transparency and accountability are reflected in the City's procurement processes; <br /> 2.3. To support effective business planning such that goods,services and construction will only <br /> be acquired after consideration of need, alternatives, timing and appropriate life cycle <br /> management issues; <br /> 2.4. To adhere to the highest standards of ethical conduct and to avoid conflicts between the <br /> interests of the City and those of the City's employees,officers and elected officials; <br /> 2.5. To ensure compliance with all applicable trade agreements,laws and regulations; <br /> 1 <br />