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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 Chapter 170 of The City of Kitchener Municipal Code is hereby repealed and substituted therefore is the following: Article 1 DEFINITIONS 1.1 Adjusted Bid - defined "adjusted bid" means a tendered price that has been adjusted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. K 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. �Q 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. 4 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. 5 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. C 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. 7 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. Al 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. N 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. 10 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. 11 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. 12 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. 13 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, 14 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. 15 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 17 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.).