HomeMy WebLinkAboutBy-law No. 2012-088 - Amend c170 - Purchasing By-lawRepealed & Replaced By-law
No. 2001-238 on Dec 10, 2001
BY-LAW NUMBER 'e�- _ C)
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter 170 of The City of
Kitchener Municipal Code to establish purchasing and materials
management policies and procedures and to define the authority
and the responsibilities of the Director of Supply Services). .
WHEREAS it Is deemed expedient to exercise the powers conferred by the Municipal
Aot 2009, S.Q. 2001, c. 25;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Chapter 170 of The City of Kitchener Municipal Code is hereby repealed and substituted
therefore is the following:
Article 1
DEFINITIONS
1.1 Adjusted Bid - defined
"adjusted bid" means a tendered price that has been adjusted upward or downward due to
mathematical errors in extensions In order to compare tenders on an equal basis.
1.2 Bid — defined
"bid" means any offer or submission made by a person in response to a bid call pursuant to this
bylaw,
1.3 City — defined
"City" means The Corporation of the City of Kitchener.
1,4 Contract - defined
"contract" means any formal legal agreement for the supply of goods, services or consulting
services Including a contract arising out of the acceptance of a tender, request for proposal, or
formal quotation.
1.5 Department - defined
"department" means any department within the City.
1,6 Deputy CAO — defined
"Deputy CAO" means the Deputy CAO of a department or an appointed designate thereof.
1.7 Director of Supply Services -- defined
"Director of Supply Services" means the City's Director of Supply services or designate.
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1.8 Formal Quotation - defined
"formal quotation" means a response to a request for prices, coordinated by the City's Director
of Supply Services, on specified goods or services from selected sources which are submitted
in writing by a specified closing date and time.
1.9 Goods or Services - defined
"goods or services" includes all supplies, materials, equipment or services, but does not include
consulting services.
1.10 H.S.T. — defined
"H.S.T." means harmonized sales tax.
1.11 Immediate Family— defined
"immediate family" means the spouse, child or stepchild of the individual and the father, mother,
sister, brother, stepmother, stepfather, grandchild and grandparent of either the individual or
their spouse,
1.12 Informal - defined
"informal" means an offer that contains a minor omission, that is not fully in accordance with the
Instruction to Bidders and that would not disqualify the bid.
1.13 Informal Quotation -- defined
"informal quotation" means a response to a request for prices, coordinated by the user
department.
1.14 Lowest Ultimate Cost - defined
"lowest ultimate cost" is that cost, after all factors of price, quality, terms and conditions, past
performance of the person(s)or entity providing the goods or services, service, and warranty are
considered, that results in the lowest cost of purchase, ownership, or operation over the life of
the good or service to the City.
1.15 Personal Information - defined
"personal information" refers to personal information as defined within the Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, C. M.56.
1.16 Procedure - defined
"Procedure" means internal instructions or guidelines to departments, issued by the Director of
Supply Services on Purchasing and Materials Management matters.
1.17 Consulting Services — defined
"consulting services" means qualified professional, engineering, technical, or management
consulting services rendered by members of a recognized profession or person(s) possessing a
special skill and shall include engineering and architectural services.
1.18 Proposal — defined
"proposal(s)" means a response to a process to secure offers where the requirements for goods
or services cannot be definitely specified.
1.19 PSP's -- defined
"PSP's" means private sector participants for special public- private partnership projects.
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1.20 Purchasing Card - defined
"purchasing card" means a card used by authorized employees to purchase within specified
transaction limits.
1.21 Qualified Bid - defined
"qualified bid" means a limited or conditional offer that modifies or otherwise does not meet an
important term or condition of the bid, that would disqualify the bid.
1.22 Requisition - defined
"requisition" means an electronic request issued through SAP, the City's Enterprise Resource
Planning system, to purchase goods, services, or consulting services.
1.23 Tender - defined
"tender" means a written formal offer submitted in response to an invitation, in a particular form,
to supply stipulated goods or services at a particular price.
1.21 Transborder Data Flow of Personal Information — defined
"transborder data flow of personal information" refers to the transference of computerized
domestic data (electronic information) containing personal information as defined within the
Municipal Freedom of Information and Protection of Privacy Act outside the geographical
borders of Canada to another country or jurisdiction. For further clarification, transborder data
flow of information does not include any data which does not contain personal information or to
data which is not crossing any international border to a foreign jurisdiction (Le. stays in Canada
but outside of Ontario).
1.25 Value - defined
"value" means the purchase price if known or the total estimated cost to purchase goods,
services or consulting services, exclusive of HST and delivery charges.
Article 2
AUTHORITY AND RESPONSIBILITIES
2.1 Direction - City Treasurer
The Director of Supply Services shall be under the general direction of the City Treasurer for the
purposes of application of this by -law.
2.2 Direction - by Director of Supply Services
The Director of Supply Services is responsible for directing and supervising the Supply Services
Division staff in the scheduling, forecasting and purchasing, storage and distribution of all
goods, services, and consulting services except as otherwise provided in this by -law.
2.3 Purchases - negotiations
The purchase of all goods, services, and consulting services, except as otherwise provided in
this by -law, shall be negotiated only by the Director of Supply Services upon authority of a
properly authorized requisition, and when required under Article 3 (Purchasing Parameters), a
resolution of Council, The Director of Supply Services may, however, initiate purchase orders
for the replenishment of inventory items.
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2.4 Policies and recommendations
The Director of Supply Services shall develop and recommend purchasing and materials
management policies and procedures, in consultation with other departments. All changes to
policies must be approved by Council.
2.5 Materials management - purchasing - bidding
The Director of Supply Services shall adhere to this by -law by developing and implementing
materials management, purchasing and tendering procedures which shall first be approved by
the City Treasurer.
2.6 Good vendor relations
The Director of Supply Services shall be responsible for maintaining good vendor relations and
for the conduct of all negotiations with vendors. All inquiries regarding materials, prices,
services, delivery, terms and conditions, and adjustments are to be conducted by or through the
Director of Supply Services except as otherwise permitted by this by -law.
2.7 Co- operative purchasing plans - other governments
The Director of Supply Services shall have authority to participate with other governments or
government agencies in co- operative purchasing when, in the Director's opinion, the best
interests of the City would be served.
2.8 Co- operative purchasing plans - other Boards
The Director of Supply Services is authorized to co- operate with local Boards, Commissions and
such other organizations performing services for or on behalf of the City with respect to co-
operative purchasing and with respect to providing general advice, information or assistance
pursuant to such requests.
2.9 Green procurement program
The City is committed to purchasing goods and services which optimize the efficient use of
natural resources, prevent pollution, and protect and enhance the environment.
Article 3
PURCHASING PARAMETERS
3.1 Competitive purchasing - required
Except as otherwise stipulated in Article 8 (EMERGENCY) or elsewhere in this by -law all
purchases of goods, services, and consulting services shall be made on a competitive basis, in
keeping with accepted public purchasing practices and procedures. All purchases of goods,
service, and consulting services shall be made in accordance with the applicable laws of the
Province of Ontario and the Government of Canada.
3.2 Local Preference
The DiscriminatM Business Practices Act, R.S.O. 1990, c. D.12 prohibits discrimination,
among other grounds, due to geographical location of the persons employed or engaging in
business, The City adheres to the provisions of the Discriminatory Business Practices Act and
therefore does not award contracts based solely on local preference, nor does it include a local
preference as an evaluation criteria.
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3.3 f=ield orders — maximum - $3,000.00
Field orders may be issued by authorized individuals for goods or services to be picked up,
delivered or provided to an authorized employee of the City, provided the value of the goods or
services does not exceed $3,000.00 per order.
3.4 Purchasing Card -- pre- established limits
Corporate Purchasing Cards may be used by the authorized cardholders to acquire items that
have a monthly cumulative amount per card of no more than $10,000.00 including all costs and
taxes. Any changes or exceptions must be approved by a Deputy CAO of a Department.
Individual transactions have a maximum limit of $3,000.00. Individual transactions are not to be
divided, nor are Purchasing Cards to be used on a repetitive basis to circumvent stipulated
amounts. At no time is a Purchasing Card to be used to obtain goods or services for the
personal use of the cardholder. Failure to comply with the above or any other terms of issuance
of the Purchasing Card may result in privileges being revoked.
3.5 Value — $3,000.00 to $15,000.00
Where the value of goods or services required is in excess of $3,000.00 but does not exceed
$15,000.00, the purchase may be made on the authority of the Director of Supply Services
provided a requisition approved by the Director of a Division or designate has been obtained. A
purchase order is required. Requisitions or purchase orders are not to be artificially structured to
avoid these restrictions. At the discretion of the Director of Supply Services three written
informal quotations may be required.
16 Value — $15,000.00 to $25,000.00
Where the value of goods or services required is in excess of $15,000.00 but does not exceed
$25,000.00, the purchase may be made on the authority of the Director of Supply Services
provided the department has obtained three written informal quotations which shall be attached
to a requisition approved by the Director of a Division or designate. A purchase order is
required. Requisitions or purchase orders are not to be artificially structured to avoid these
restrictions.
3.7 Value — $25,000.00 to $125,000.00
Where the value of goods or services required is in excess of $25,000.00 but does not exceed
$125,000.00, the purchase may be made on the authority of the Director of Supply Services
provided a requisition approved by the Director of a Division or designate has been obtained
and an attempt has been made to obtain three written formal quotations, When any written
formal quote other than the lowest bid is accepted, a report shall be taken to the next meeting of
Council for their information. Any recommended written formal quote where the value of goods
or services required is in excess of $125,000 shall be forwarded to Council for approval. A
purchase order is required. Requisitions or purchase orders shall not be artificially structured to
avoid these restrictions or limits.
Article 4
TENDERS
4.1 Goods or services - more than $125,000.00
Where the estimated value of goods or services required exceeds $125,000.00, except as
otherwise permitted in this by -law, the purchase shall be made by a request for sealed tenders.
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4.2 Invitations - to potential bidders
The Supply Services Division will advertise tenders publicly, through The Ontario Public Buyers
Association's Electronic Tendering Information System and on the City's website, or specialized
circulation if deemed advisable, to obtain "Expressions of Interest" and may also contact directly
those qualified bidders identified from a list of bidders maintained by staff or equivalent
professional listings.
4.3 Bequest - expression of interest - pre - qualification
When it is deemed to be in the best interest of the City; and where the Director of Supply
Services has received authorization from Council to pre - qualify bidders, a list of qualified
bidders will be compiled based on;
a) a Request for Expression of Interest for prequalification publically advertised; and
b) a review of all replies to the Request for an Expression of Interest for prequalification
by a City Selection Committee composed of at least one member of the staff of the
Supply Services Division and a representative of the Department requiring the goods
or services.
4.4 Selection — expression of interest — pre - qualified bidders
Where the City Selection Committee reviews replies to a Request for an Expression of Interest
for prequalification, the Committee shall prepare a list of all those respondents who in the
Committee's opinion best meet the criteria specified in the Request for an Expression of Interest
for prequalification, which the Director of Supply Services shall present to Council for approval.
Article 5
PROPOSALS
5.1 Requests for proposals - standards
Requests for proposals may be called where the requirements or function of goods or services
cannot be definitely specified and where such proposals would result in specific offers by the
bidders to fulfill the requirements or function at a particular price. Where a request for proposals
is utilized, the Director of Supply Services and at least two (2) employees from a Department or
Departments requiring the goods or services shall form a committee that:
a) Establishes the terms and conditions for the request for proposals along with the
criteria that will be utilized for the evaluation of the proposals;
b) Advertises the request for proposals if the value of the goods or services is estimated
to exceed $125,000.00; and
c) Evaluates the proposals and tabulates the results in accordance with the established
criteria_
5.2 Requests for proposals — up to $125,000
Proposals with a value not exceeding $125,000 shall conform to all standard purchasing
parameters.
5.3 . Requests for proposals -- over $125,000
Proposals with a value in excess of $125,000.00 shall be presented to Council for approval.
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5.4 Requests for proposals — Authority to negotiate
The Director of Supply Services shall have the authority to negotiate the exact terms and
conditions of any contract or document before any person's proposal is accepted pursuant to
this by -law.
Article S
CONSULTING SERVICES
61 Selection of Consulting Services
Subject to the application of the provisions of Council's Policy and Procedures for the Selection
of Consulting Services, the provisions of Sections 6.2 through 6.4 inclusive shall apply to the
selection of consulting services.
6.2 Fees of less than $25,000.00
Where the value of required consulting services is estimated not to exceed $25,000.00, the
appropriate Director of a Division or designate shall negotiate an agreement with the selected
consultant based on the defined scope of the project. If appropriate, one of the City's standard
Consultant Agreements may form the basis of the contract. in any event, a purchase order will
be issued to define the work.
6.3 Fees of more than $25,000.00 to $125,000.00
Where the required consulting services are estimated to equal or exceed $25,000.00 in value
but are estimated not to exceed $125,000.00 in value:
a) A Review Committee shall be established and shall review a list of consultants
maintained by staff or equivalent professional listings and nominate a minimum of
three and a maximum of six qualified consultants.
b) The Supply Services Division shall invite "Expressions of Interest" from the
nominees.
c) A fee structure may or may not be required at the time of the request for Expressions
of Interest. The Review Committee may choose to shortlist the nominees and
conduct interviews to select a consultant.
d) The Committee shall prepare a recommendation to Council for award to the
respondent who, in the Committee's opinion, best meets the criteria specified in the
Request for an Expression of Interest, which the Director of Supply Services shall
present to Council to for approval.
e) If appropriate, one of the City's standard Consultant Agreements may form the basis
of a contract. In any event, a City purchase order will be issued to define the work.
f) Any increases to an approved consultant fee that is more than 10% or is not within
the budget originally approved must be approved by resolution of Council.
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6.4 Projected Fees greater than $125,000.00
Where the value of required consulting services is estimated to exceed $125,000.00:
a) A Review Committee shall review a list of consultants maintained by staff or
equivalent professional listings for potential consultants.
b) The Supply Services Division will advertise publicly, through The Ontario Public
Buyers Association's Electronic Tendering Information System and on the City's
website, or specialized circulation if deemed advisable, to obtain "Expressions of
Interest" and may also contact directly those qualified consultants identified from a
list of consultants maintained by staff or equivalent professional listings.
c) The Review Committee shall apply the selection criteria, rank each reply and prepare
a shortlist of a minimum of three and a maximum of six qualified consultants. The
shortlisted consultants shall be requested to submit detailed written proposals. The
proposals should include, but not be limited to, outline of work to be done; names,
qualifications and experience of staff to be assigned; time schedule; fee schedule,
including upset cost. In addition, the Review Committee shall interview the
shortlisted nominees.
d) The Review Committee shall apply the selection criteria to rate the written proposals
and select the most qualified.
e) The Review Committee shall negotiate an agreement with the selected consultant
based on the defined scope of the project. One of the City's standard Consultant's
Agreements may form the basis of a contract. In any event, a purchase order will be
issued to define the work. If the Review Committee is unable to reach an agreement
with the first selected consultant, then the subsequently rated consultant will in turn
be approached with the objective of reaching an agreement.
f) All consulting services contracts shall be reviewed by the City Solicitor and the
Director of Supply Services shall notify all responders of the successful consultant.
g) Any consulting services recommendation in which the fees are greater in value than
$125,000.00 shall be presented to Council for approval.
h) Any increase to an approved consultant fee that is more than 10% or is not within the
budget originally approved must be approved by Council.
Article 7
PUBLIC-PRIVATE PARTNERSHIP
7.1 Method of Soliciting PSP Bids
This article provides the City with a method for soliciting bids from PSP's for special public -
private partnership projects.
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7.2 Project committee
A project committee will be established at the start of the public - private partnership process.
Consideration will be given to ensure appropriate representation of stakeholders on the
committee.
7.3 Request for expressions of interest - Advertising
When soliciting expressions of interest from PSP's for special public - private partnership projects
the Supply Services Division will advertise publicly, through the Ontario Public Buyers
Association's Electronic Tendering Information System and on the City's web site, or specialized
circulation if deemed advisable, to obtain "Expressions of Interest° as well as contacting directly
those qualified: consultants identified from a list of consultants maintained by staff or equivalent
professional listings for potential consultants.
7.4 Receipt of Expressions of Interest
Written Expressions of Interest will be received by the City's Supply Services Division.
7.5 Determination of the two preferred expressions of interest
The project committee will review the Expressions of Interest and apply a screening process to
rate the PSPs who submit an Expression of Interest. The process will result in a list of primary
Expressions of Interest which indicates appropriate qualifications and the means to complete
the project. The shortlisted candidates will be requested to provide additional information and
will be interviewed by the project committee. This process will result in the selection of the
preferred proposals. Considering the required time and effort involved by the firms selected to
prepare a further detailed proposal, the preferred proposals could be short listed to two and
compensation to the firms selected may be provided.
7.6 Selection of the preferred proposal
The preferred PSPs will be asked to make a very detailed proposal to the City within specific
time frames applied equally to both. The detailed proposals submitted by the preferred PSPs
will be subject to public review and comment prior to negotiation and selection of the preferred
proposal. The final recommendation to Council as to the successful PSP will be made by the
project committee based on a weighting system developed by the project committee and made
known to the PSPs as part of the Terms of Reference document which is site specific to the
project in question. Depending on the nature and complexity of the public - private partnership,
the City may retain one or more independent, external advisors. External advisors may include
an engineering advisor or a fairness advisor.
Article 8
EMERGENCY
8,1 Deputy CAO of a Department - Authority
Subject to the application of the provisions of Sy -law 93 -200 of the City which establishes an
Emergency Plan governing the provision of necessary services during an emergency, where an
emergency occurs which, in the opinion of a Deputy CAO of a Department constitutes imminent
danger to life, limb or property within the City a Deputy CAO of a Department may initiate a
purchase order.
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8.2 Emergency order over $125,000.00 — report to Council
Where a purchase order that has a value in excess of $125,000.00 is issued pursuant to this
article, it shall be justified and reported to the next meeting of Council following the date of the
issue of the purchase order.
Article 9
PURCHASE BY NEGOTIATION
9.1 Director of Supply Services - authority
The Director of Supply Services may, under one of the following conditions, purchase by
negotiating with one or more sources or bidders and under the following cases the requirements
for inviting tenders and quotations may be waived:
a) In the judgment of the Director of Supply Services the goods or services are in short
supply due to market conditions;
b) The Director of Supply Services is satisfied that there is only one source for supply
for the goods or services;
c) The Director of Supply Services is satisfied that it is necessary to ensure
compatibility with existing products, standards, services, systems or strategies to
purchase from a sole source;
d} The Director of Supply Services is satisfied that it is necessary to purchase from a
sole source to ensure continuity of critical processes or services, to avoid technical
or environmental risk, or to avoid violation of warranty /guarantee requirements;
e) The lowest bid meeting the specifications is excessive in total cost andlor exceeds
the estimated cost by at least 10 %; or
f) All bids received failed to meet the specifications andlor tender terms and conditions
and it is impractical to reissue tenders or formal quotations.
9.2 Fair - ethical practices
The methods of negotiation shall be those accepted as standard negotiating procedures that
employ fair and ethical practices. The information pertinent to and the results of all such
negotiations shall be reported to the City Treasurer and at the discretion of the City Treasurer
may be reported to Council.
9.3 Contract - exceeding $125,000.00 - Council resolution
Any purchase contract resulting from negotiation that exceeds $125,000.00 in value shall be
subject to approval by City Council.
9.4 Identical bids — submit new bids
In the case of identical low bids meeting specifications, the low bidders will be asked to submit
new bids.
Article 10
PUBLIC TENDER OPENINGS
10.1 Opening - recording
All tenders shall be opened in the presence of two witnesses. Any member of the public may
attend if they so desire. Each tender shall specify that the tenders will be opened in City Hail at
a named time and date.
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10.2 Opening -witnesses
Every tender received within the time specified in the tender documents shall be opened in full
view of those attending and each bidder's name and the total tendered amount shall be read
aloud by the Director of Supply Services and recorded by one of the witnesses.
10,3 Report- results -recommendations
The Director of Supply Services shall, after analysis of all tenders opened and consultations
with the appropriate Director of Division or designate, report the tender results and shall make a
recommendation to the Council as to which, if any, tender should be accepted.
10.4 Report - contents
The Director of Supply Services will indicate in a report to Council the following information:
a) which, if any, low bid tender(s) do not comply in all respects with the Instructions to
Bidders or the terms and conditions of the tender; and
b) which low bid tender(s) are, in the Director of Supply Services opinion, .informal
and/or qualified.
Article 11
RECOMMENDATION TO AWARD
11.1 Criteria - Lowest ultimate cost
Any recommendation to award will be in favour of a bidder meeting specifications, terms and
conditions of the tender and whose tender offers the lowest ultimate cost to the City for the
goods or services being tendered.
11.2 Pertinent information - to Council
Council shall be given all pertinent information relative to the tender results and any one tender
being recommended.
11.3 Award - by resolution of Council
Tenders shall be awarded by resolution of Council.
11.4 Expenditures - in excess of the approved tender
Any increases to an approved tender that is more than 10% or is not within the budget originally
approved must be approved by resolution of Council,
Article 12
DISPUTES
12.1 Disputes
Disputes respecting purchasing matters shall be resolved as follows:
a) Meeting between the Director of Supply Services and the Bidder;
b) If (a) does not lead to a resolution, the decision can be appealed to the City
Treasurer; or
c) If (b) does not lead to a resolution, the decision can be appealed to Council.
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Article 13
SIGNING AUTHORITY
13.1 Contracts — up to $125,000.00
The Director of Supply Services is authorized to sign such contracts that have a value not
exceeding $125,000.00. Individuals who have the authority to purchase goods, services, or
consulting services that have a value not exceeding $125,000, do not have the authority to sign
the contact(s) related to these purchases.
13.2 Contracts - exceeding $125,000.00
All contracts including construction, consulting services, and maintenance contracts exceeding
$125,000.00 in value which have been approved by resolution of City Council and reviewed for
form by the City Solicitor shall be executed by the Director of Supply Services.
13.3 Purchase Orders — any value
The Director of Supply Services is authorized to sign all purchase orders issued pursuant to this
by -law.
Article 14
PROHIBITIONS — CONFLICT OF INTEREST
14.1 Prohibited - activities
The following activities are prohibited:
a) The division of contracts and purchases of goods, services, or consulting services in
an attempt to avoid the requirements of this by -law;
b) The purchase by the City of any goods or services for personal use by or on behalf
of any City employee, elected City official or a member of the immediate family of a
City employee or of an elected City official;
c) The purchase by or on behalf of any City employee, elected City official, or a
member of the immediate family of a City employee or of an elected official of any
City assets being disposed of by the City unless such have been declared surplus
and offered for sale by tender, public auction, or other public process;
d) The purchase of any surplus goods by a City employee, elected City official or a
member of the immediate family of a City employee or elected City official if that City
employee or elected City official:
i) is working at an auction run by the City for the disposal of surplus goods;
ii) was responsible for declaring the goods surplus to the City's needs; or
iii) is otherwise involved in the disposal of goods surplus to the City's needs;
e) The acquisition of goods from external sources if such goods are available in the City
Stores unless it can be demonstrated that purchase from an external source will
result in a lower total acquisition cost; or
f) The purchase, directly or indirectly, of any goods, services, or consulting services
from any City employee, elected City official or a member of their immediate family
unless otherwise approved by Council.
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Article 15
PAYMENT OF ACCOUNTS
15.1 City Treasurer — authorization to pay
The City Treasurer shall honour and pay for all goods or services, or consulting services
obtained by a Purchase Order, a Progress Certificate on Construction or other authorized
purchase methods available to City Departments,
15.2 Variation - in terms - price
Minor variances excluded, invoices that do not agree with the terms and conditions of the
purchase order or the prices thereon shall be sent for the approval of the Director of Supply
Services.
15.3 Prepayment - when permitted
No prepayment of all or part of any goods, services, or consulting services shall be made unless
provision for prepayment is included in the original purchase order or tender or unless
authorized by the Director of Supply Services.
15.4 Contracts — subject to the Construction Lien Act
In the case of contracts for construction or the supply of materials or services falling within the
scope of the Construction Lien Act, R.S.O. 1990, c. C,30, the City Treasurer shall not make
payment without the approval of the City Solicitor or designate.
Article 16
OTHER REQUIREMENTS
15.1 Standardization
The Director of Supply Services shall conform to good Material Management practice by
simplifying and standardizing, wherever possible, like requirements for different departments.
Every effort will be made by the Director "of Supply Services to reduce the types and kinds of
goods used by the City to the smallest in number and minimum investment. All Departments
will co- operate and assist in achieving this objective by considering equivalents or any
alternatives suggested.
16.2 Specifications
The end user shall be responsible for the preparation of formal specifications when required and
to provide same to the Director of Supply Services. Specifications shall be definitive as to quality
and/or function. The Director of Supply Services shall review all specifications to determine if
they are in the appropriate form, clear, indicate the minimum acceptable quality level, are
commercially practical and in sufficient generic form to ensure competitive bidding.
16.3 Design and Development Service
Suppliers or potential suppliers shall not be requested to expend time, money or effort on design
or in developing specifications or otherwise help define a requirement beyond the normal level
of service expected from suppliers. Should such extraordinary services be required, the Director
of Supply Services will be advised. There being no reasonable alternative but to request such
services, the company providing same shall be compensated at a pre- determined fee. The
resulting specifications shall become the property of the City for use in obtaining competitive
bids,
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16.4 Design Services
Suppliers or Consultants who provide Design Services and/or specifications for work to be
tendered or quoted shall not be permitted to submit a bid for said work unless the City is
satisfied that there is no reasonable alternative or there is no competitive advantage to be
gained and the ability to bid on the work is made clear in any initial bid documents.
16.5 Persons with disabilities
When preparing specifications, City staff shall be knowledgeable of the Ontarians with
Disabilities Act, 2001, S.O.2001, c.32, the Accessibility for Ontarians with Disabilities Act, 2005,
S.O. 2005, c. 11 and their regulations thereunder, as amended, re- enacted or replaced from
time to time and apply those requirements with respect to procuring goods, services, or
consulting services for the City.
16.6 Protection of personal information
Where personal information, including the transborder data flow of personal information, is
involved the City's purchasing process shall ensure that any personal information produced by
or resulting from services provided by a third party service provider to the City, collected,
shared, stored, processed, provided, converted, manipulated, or enhanced, whether by or on
behalf of the City will be protected in accordance with Municipal Freedom of Information and
Protection of Privacy Act regardless of location. The Department responsible for the personal
information shall ensure that individuals are made aware if their personal information will be
collected, managed, processed and /or stored by a third -party service provider.
Article 17
DISPOSAL_ OF SURPLUS
17.1 Surplus - obsolete materials - listed - disposal
Where any goods of the City are declared surplus to the Director of Supply Services by a
Deputy CAO of a Department or designate on a surplus declaration form and are not presently
required by another City Department, they shall be disposed of by Public Tender, Public Auction
or the City's online auction site. If no bids are received, the Director of Supply Services may
dispose of the goods as deemed to be in the best interest of the City. This Section shall not
apply to goods or equipment traded in for new equipment or returned for credit to original
sources of supply.
Article 18
EXCLUSIONS
18.1 Exclusions -- expenditures
The expenditures listed in "Schedule A" are excluded from the application of this by -law.
Article 19
BY -LAW ADMINISTRATION
19.1 Council - waive
Council may waive any provisions or requirements of this by -law.
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19.2 Bylaws — previous
By -law 2001 -238 and the contents of Chapter 170 are hereby repealed.
19.3 Severability
It is hereby declared that each and every of the foregoing sections of this by -taw is severable
and that, if any provisions of this by -law should for any reason be declared invalid by any court,
it is the intention and desire of Council that each and every of the then remaining provisions
hereof shall remain in full force and effect.
19.4 Municipal Code Numbering
The Clerk is hereby directed to make this by -law a part of the City of Kitchener Municipal Code
by adding it to the Concordance and arranging and numbering it so as to fit within the scheme of
the Code.
19.5 Effective Date
This by -law shall come into force and effect on the date of passage of this by -law.
PASSED at the Council Chambers in the City of Kitchener this day
of 2012.
Clerk
fi[:
Schedule "A"
EXCLUSIONS
Petty Cash Items
2. Training and Education
- conferences and conventions
- courses, workshops and seminars
memberships and subscriptions
staff training and development
3. Refundable Employee Expenses
advances
meal allowances
travel expenses
- hotel accommodations
4. Employer's General Expense
employee, Councillor and Mayor's income including sick leave, severance and
retiring allowances
- payroll deduction remittances
- employee benefit remittances
- honorariums
licenses (vehicle, elevator, radio etc)
debenture payments
payments to local boards
- grants to agencies
- real property including land, buildings, leasehold interests, easements,
encroachments and licenses
investments
bank charges
mortgage /loan payments
imprest account expenses
property rentals
refunds
fees or charges payable to the Federal or Provincial government
5. Special Services
legal settlements
external legal counsel
investment holding account contracts
witness fees
committee fees
arbitrator fees
appraisal fees
real estate fees
- land transfer taxes
Registry Office fees
insurance claims
- audit fees
- revenue collected on behalf of a third party
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6. Utilities
postage
water, sewer and gas charges
hydro
telephone services
cable services
7. Expenses related to an event, which will eventually be reimbursed in full by a third party.
8. Expenses related to Partnerships that are primarily co- ordinated by volunteers.
9. Expenses related to other Boards (example: the Centre in the Square and Kitchener
Housing Inc.).