HomeMy WebLinkAboutFCS-17-038 - Purchasing By-Law Review
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: 2017-10-02
SUBMITTED BY: Michelle Palmer,Director of Supply Services,519-741-2200
ext. 7214
PREPARED BY: Michelle Palmer, Director of Supply Services, 519-741-2200
ext. 7214
WARD(S) INVOLVED: N/A
DATE OF REPORT: 2017-09-20
REPORT NO.: FCS-17-038
SUBJECT: Purchasing By-law Review
___________________________________________________________________________
RECOMMENDATION:
Thatthe Purchasing By-law attached as Appendix 2 to Finance and Corporate
Services Department report FCS-17-038, be approved; and
Thatthe contents of The City of Kitchener Municipal Code Chapter 170,
Purchasing and Materials Management be repealed and replaced with the
provisions of the Purchasing By-law; and further,
ThatBy-law 2014-109 being a By-law to cover Purchasing and Materials
Management policies be repealed.
BACKGROUND:
The Municipal Act, Section 270(1), requires that policies are adopted with respect to the
procurement of goods and services. The existing Purchasing By-law, which forms the
basis of Chapter 170 (Purchasing and Materials Management) of The City of Kitchener
Municipal Code, outlines policies and procedures to be followed in order to obtain the
best value when procuring goods and services. While the existing Purchasing By-law
has served the City well, evident by the few challenges received, it only contemplates
specific procurement processes: tenders, quotes and proposals and restricts the
implementation of innovative and progressive procurement tools. Staff have heard from
Council that there is interest in exploring and implementing innovative approaches to
public procurement which can be accomplished with the proposed Purchasing By-law.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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The proposed Purchasing By-law will provide a policy framework to:
ensure best value for public money
provide a clear, open and transparent process for suppliers
allow adaptability to explore innovative approaches to public procurement; and,
enable the procurement processes to be efficient and effective
The intent as set out within this report, and the proposed Purchasing By-law, is to
strengthen the policy aroundprocurement while enabling the deployment of various
procurement tools and continuing to safeguard the principles of openness, fairness,
transparency and accountability.This will ensure that the City will continue to
experience few challenges related to purchasing policies and practices while exploring
and implementing innovative and changing best practice in public procurement.
Reinforcing the policy around procurement through the proposed Purchasing By-law will
also ensure compliance with trade agreements. The Canadian Free Trade Agreement
(formerly the Agreement on Internal Trade) came into effect July 1, 2017 and included
updated requirements related to procurement to align with the Canadian-European
Comprehensive Economic and Trade Agreement which came into effect provisionally
on September 21, 2017.
A few of the key changes related to public procurement contained within these trade
agreements are:
inflationary adjustments every two years to the thresholds that require open
competitive bidding;
experience can only be a requirement when it is essential to the procurement,
past performance can be taken into account when documented;
exemption for existing suppliers (e.g. software) where procurement would cause
significant duplication of costs for the agency;
allowance for the correction of unintentional errors made in submissions and
rules around abnormally low bids;
detailed timeline for the number of days bid solicitations are publicly posted and
for the posting of award information;
details around the utilization of buying groups;
rules around public-private partnerships
rules around the use of negotiations;
value must include all potential contract terms;
impartial authority to provide judicial review for supplier complaints (related to
trade agreements);
single point of access (being developed by the federal government) where all
agencies will need to post a notice of procurement (available to suppliers for
free); and,
a
listing all agencies which must comply.
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REPORT:
The proposed Purchasing By-law,Appendix 2,was developed through collaboration
with suppliers, Council and staff from across the organization. Staff identified potential
changes by reviewing:feedback provided during debriefings with suppliers; findings in
the comprehensive audit of the purchasing section completed in 2015; undertaking
purchasing process review work; purchasing By-laws of municipalities across the
province; trade agreements including the Trade and Cooperation Agreement of Quebec
and Ontario, the Canadian Free Trade Agreement, the Canadian-European
Comprehensive Economic and Trade Agreement as well as the Broader Public Sector
Procurement Directive.
From this, four potential key changes were identified and discussed with Council and
the Senior Leadership team to gather feedback on the existing purchasing By-law and
processes; as well as to discuss the proposed changes and identify potential
accountability measures to incorporate.
Key Changes
1. Change the Purchasing By-law to be a policy framework
The existing Purchasing By-law identifies which procurement process will be utilized
based on the value of the Procurement and has served the City well, evident by the few
challenges received. utilize various emerging
procurement processes and tools (e.g. reverse auctions as identified within the Digital
Kitchener strategy and negotiated request for proposals as well as electronic bidding).
The Purchasing By-law will continue to identify when a procurement process is to be
utilized, but broadens the ability of staff to utilize innovative procurement processes and
tools based on each specific project and increases
innovative products and services while ensuring best value for public money. An
example of this is the removal of the reference to public openings. With the upcoming
implementation of electronic bidding, public openings will no longer be required, but
instead transparency is ensured through submissions being placed in a virtual lock box
where they cannot be viewed by staff until the specific closing date and time. Once the
closing date and time has passed, the unofficial results are posted automatically to the
public website.
2. Document the role of Staff and Council within the Procurement process
This addition to the proposed Purchasing By-law captures into policy what has been the
practice within the City for many years. By clearly documenting the separation of the
political and administrative functions related to procurement, suppliers and the public
have enhanced clarity minimizing financial and legal risk to the City from any perceived
appearance of bias. This documented role clarity also enhances accountability of staff
involved in the procurement process by clearly outlining the responsibilities related to
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developing the procurement tool and specifications, facilitating the procurement
process, managing supplier performance, and resolving disputes.
3. Adjust thresholds for open competition and approval
The threshold for when an open competition is required has decreased in order to be
aligned with trade agreement requirements.In order to balance that decrease and
ensure efficient processes, approval thresholds have been increased with clear
accountability measures to ensure that Council will continue to have visibility and
decision making on contracts of concern to Council.
In reviewing contract award reports, and through discussion with Council, contracts
which require greater Council scrutiny were identified and common themes noted:
single bidder
award amount over budget
project not specifically identified within the approved budget
The proposed Purchasing By-law will continue to have recommendations proceed to
Council for approval when the themes noted above occur. By delegating approval of
procurements which meet the accountability requirements outlined, efficiencies will be
gained by reducing the amount of time for bid solicitation approval.The approval
thresholds proposed are still below benchmarks / industry standards, which leaves a
larger role for Council than is typical (Appendix 1). However, staff feel that this
incremental change is an important step in providing efficient and effective service.
4. Implement dispute resolution supplier performance processes
A methodology to formally review and document performance within contracts is
essential to best practice in contract management. By implementing defined
performance and dispute resolution processes, the City ensures that relationships
between the City and suppliers are non-adversarial while improving performance and
reducing cost and risk to the City. Feedback is critical to the success of contracts and
the ability for the City to continually improve practice. By clearly defining expectations
and holding both suppliers and Staff accountable, the City can ensure best value for
public money.
Other Changes
1. Revised definitions of terms and interpretations
The definitions within the proposed Purchasing By-law have been revised and
expanded to enhance clarity and ensure understanding related to requirements.
Specific changes which should be noted are:
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presented for consideration and decision-making, and are generally acquired to obtain
information, advice, training or direct assistance;
bids is issued to at least three (3) suppliers;
entities which the City has a minority or majority share and where City Councilors may
be members of the governing Board for that entity (e.g. Centre in the Square, Kitchener
Housing Inc.);
bids through a publicly posted Solicitation
Document; and,
involve the delivery or supply of products incidental to the provision of the services, and
includes professional, construction or maintenance services.
2. Revised list of exemptions
The exemption listing has been updated to reflect emerging requirements (e.g. the
purchase of carbon tax credits) and captures requirements to ensure business
continuity while conforming to trade agreements (e.g. software license renewals /
upgrades and performance / artist fees).
3. Regular review of the Purchasing By-law
By-law has been reviewed periodically (2001, 2012 and 2014) to
ensure that it meets the needs of the City. By implementing a formal review at a
minimum every five (5) years, the City can ensure that changes in legislation, trade
agreements and best practices are continually incorporated.
Staff are confident that the collaborative approach undertaken has made certain that the
proposed Purchasing By-law is aligned with trade agreements, legislated requirements
and best practices and will enable the City to continue ensuring that procurement is
conducted in an effective, open, fair, transparent, accountable and efficient manner
while enabling innovative approaches to the procurement of goods, services,
construction and consulting services.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority: Effective and Efficient City Services
Strategy: 5.4 Ensure the responsible stewardship of public funds within a
supportive policy framework
Strategic Action: CS29 Purchasing By-law Revision
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
INFORM
advance of the council / committee meeting.
ACKNOWLEDGED BY: Dan Chapman, Chief Administrative Officer
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Appendix 1 - Municipal (Local) Comparison on Approval Thresholds
DescriptionRegion of City of City of City of City of
WaterlooWaterlooCambridgeKitchener Kitchener
existingproposed
Goods/ Services$150,000 -$200,001 -$100,001 -$25,000 -$100,000 -
$1,000,000$600,000$500,000$124,999$750,000
CAO ApprovalCAO ApprovalPurchasing Director of Director of
Manager Supply Supply
ApprovalServices Services
ApprovalApproval
$1,000,000+$600,001+$500,001+$125,000+$750,001+
Council Council Council Council Council
ApprovalApprovalApprovalApprovalApproval
Consulting $150,000 -$200,001 -$100,001 -0-$25,000$25,000 -
Services$500,000 $600,000$500,000$99,999
CAO ApprovalCAO ApprovalPurchasing Director of Director of
Manager Supply Supply
ApprovalServices Services
ApprovalApproval
$500,001+$600,001+$500,001+$25,000+$100,000+
Council Council Council Council Council
ApprovalApprovalApprovalApprovalApproval
Disbursement of Up to 10% or If within Up to Up to 10%Up to 10% or
Additional Funds$100,000 budget$250,000Director of $100,000
whichever is CAO ApprovalCFOSupply whichever is
higherApprovalServiceshigher
CAO ApprovalApprovalDirector of
Supply
Services
Approval
In excess of If budget is not In excess of In excess of In excess of
10% or available$250,000+ 10%10% or
$100,001Council or when a Council $100,001
Council ApprovalCapital ApprovalCouncil
Approvalbudget Approval
Increase
Council
Approval
Note* the following accountability measures are in place for the delegated approval
authority at the Region of Waterloo and the City of Cambridge: provided a minimum of 3
bids are received; within budget; awarded to lowest compliant / highest scoring bidder
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APPENDIX 2
PURCHASING BY-LAW
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BY-LAW NUMBER
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 with respect to Purchasing
and Materials Management).
WHEREAS it is deemed expedient to exercise the powers conferred on Council
by the Municipal Act, 2001, S.O. 2001, c.25;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
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Table of Contents
170.1 Definitions and Interpretations
170.2 Purpose
170.3 Goals and Objectives
170.4 Applications
170.5 Authority and Responsibility
170.6 Conduct and Conflict of Interest
170.7 Standard Procurement
170.8 Non-Standard Procurement
170.9 Emergency Procurement
170.10 Pre-Qualification of Suppliers
170.11 Bidder Debriefings
170.12 Procurement Complaint Resolution
170.13 Contract Management and Supplier Performance
170.14 Unsolicited Proposals
170.15 Cooperative Purchasing
170.16 Green Procurement
170.17 Protection of Confidential / Personal Information
170.18 Disposal of Surplus
170.19 By-law Administration
170.20 Schedules
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170.1DEFINITIONS AND INTERPRETATION
Words within this By-lawhave the following meanings, unless expressly stated
otherwise:
means to obtain Goods, Services, Construction or Consulting Services;
means a written document, executed by the City and the Supplier,
outlining the Goods, Services, Construction or Consulting Services being procured;
means the authority to approve and award Procurements, as
well as any assignment or corporate change requests related to such Procurements, up
to the ProcurementValues for the respective body or person(s) set out in Section 170.7
Standard Procurementand Section 170.8 Non-Standard Procurement;
means the person who has been delegated by Council an
Approval Authority and includes any other person further sub-delegated such Approval
Authority in accordance within the Procurementprocedures. An Authorized Delegate
includes a person authorized to act on their behalf temporarily;
means the optimal balance of performance and cost determined in
accordance with pre-defined evaluation criteria;
means an offer or submission in response to a Solicitation Document;
means a Supplier that submits a Bid;
means the Chief Administrative Officer of the City or designate;
means The Corporation of the City of Kitchener;
means either an Open Competition or an Invitational
Competition;
means information of commercial value, the disclosure of
which is likely to have the effect of either impairing the City's ability to obtain such
information as is necessary to perform its statutory functions, or causing substantial
harm to the competitive position of the Supplier or other organization from which the
information was obtained, unless the City is required by law to disclose such
information;
means the process of using labour to build, alter, repair, improve or
demolish any structure, building or public improvement, and generally does not apply to
routine maintenance, repair or operations of existing real property
means the provision of expertise or strategic advice that is
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presented for consideration and decision-making, and are generally acquired to obtain
information, advice, training or direct assistance;
Contract means a commitment by the City for the Procurement of Goods, Services,
Construction or Consulting Services from a Supplier which may be evidenced by: a
Solicitation Document; an Agreement executed by the Supplier and the City; or a
purchase order; issued to the Supplier by a duly authorized employee of the City;
means a variety of arrangements whereby two or more
publicly funded entities combine their requirements in a single Procurement process to
obtain advantages of volume purchases from the same Supplier(s);
consists of the Chief Administrative Officer,
Deputy CAO of Finance and Corporate Services, Deputy CAO of Community Services
andDeputy CAO of Infrastructure Services; as outlined within Chapter 115 of The City
of Kitchener Municipal Code;
means the Council of the City;
means any department within the City;
means the Deputy CAO of a Department or an appointed designate
thereof;
designate;
means an act through which the City gives up title to property or ownership
of goods;
means a situation, or the threat of an impending situation, which may
affect the environment, life, safety, health or welfare of the general public, or the
property of the residents of the City, or an action taken to prevent serious damage,
disruption of work, or to restore or to maintain essential service to a minimum level;
includes supplies, equipment, materials, products, structures and fixtures to
be delivered, installed or constructed;
means harmonized sales tax;
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;
means the City Division initiating orrequesting the
Acquisition of the Goods, Services, Construction or Consulting Services;
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means a competitive process in which an invitation to
submit Bids is issued to a minimum of three Suppliers;
means an association of two or more persons who combine their
expertise and resources in a single joint business enterprise to qualify, Bid, and perform
the Contract. Joint Ventures, sometimes referred to as a consortium, may take the form
of a partnershipor special purpose vehicle;
means the Acquisition of Goods, Services,
Construction, or Consulting Services through a process where Bids are solicited from
less than three Suppliers when a Standard Procurement would require an Invitational or
Open Competition for the type and Procurement Value of the Goods, Services,
Construction, or Consulting Services;
means municipally or provincially established corporate
entities in which the City has a minority or majority share and where City Councillors
may be members of the governing Board for that entity (eg. Centre in the Square,
Kitchener Housing Inc.);
-means using a process for Acquisition of Goods,
Services, Construction, or Consulting Services directly from a particular Supplier
without conducting a Competitive Process when a Standard Procurement would require
an Invitational Competition or an Open Competition for the type and Procurement Value
of the Goods, Services, Construction, or Consulting Services;
-Standard Procurementmeans the Acquisition of Goods, Services,
Construction and/or Consulting Services through a process other than the process
normally required for the type and Procurement Value of the Goods, Services,
Construction and/or Consulting Services as set out in Section 170.8.
means the solicitation of Bids through a publicly posted
Solicitation Document;
refers to personal information as defined within the Municipal
Freedom of Information and Protection of Privacy Act,R.S.O. 1990, c. M. 56;
Procurementor means the Acquisition of Goods, Services,
Construction or Consulting Services by purchasing, renting or leasing;
Procurementmeans the estimated amount (excluding taxes) for budget or
planning purposes in acquiring particular Goods, Services, Construction or Consulting
Services which amount may be higher, lower or equal to theactual cost of the Goods,
Services, Construction or Consulting Serviceswhen ultimately acquired. For greater
certainty, when multi-year Contracts are awarded for the Acquisition of Goods,
Services, Construction or Consulting Services, the estimated valueof the Goods,
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Services, Construction or Consulting Servicesfor such multi-year Contracts is the
estimated amount to be paid for the Goods, Services, Construction or Consulting
Servicesover the entire Contract, and is not limited to the amount which may be
payable in any particular budget year. The ProcurementValue must include all
anticipated costs to the City, including, as applicable, Acquisition, maintenance,
replacement, Disposal, and training, delivery, installation and extension options, less
applicable rebates or discounts and shall excludeHST or other taxes;
Contractmeans Contracts whereby the City receives a portion of
revenues, sales or profits earned by a third party under Contractwith the City;
employee of the City to a Supplier formalizing all theterms and conditions of the
purchase and supply of the Goods, Services, Construction or Consulting Services;
identified on the face of the Purchase Order;
means a corporate credit card provided by the City to a duly
authorized employeeof the City for use as a payment method to purchase directly from
Supplierswhere permitted under this By-lawand in accordance with a written card
holder agreement and applicable procedures;
Contractmeans a legal Agreement between the City and a
third party that yields a financial return for the City. Revenue Generating Contracts
include, but are not limited to:
Service Revenue Contracts;
Profit Sharing Contracts; and
Advertising Contracts;
means the furnishing of labour, time or effort by a Supplier, which may
involve the delivery or supply of products incidental to the provision of the services, and
includes professional, construction or maintenance services;
Solicitation Documentmeans the document issued by the City to solicit Bids from
Bidders;
means the Acquisition of Goods, Services, Construction, or
Consulting Services in accordance with the procedures and requirements set out in
section 170.7 of this By-law;
means a person carrying on the business of providing Goods, Services,
Construction or Consulting Services;
means the detailed description ofand written requirements and
standards for Goods, Services, Construction or Consulting Services and also includes
any drawings, designs and models;
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is a management decision-making process that examines a specific
common need or requirement and then selects Goods, Services, Construction or
Consulting Services that best fills that need to become the standard;
is the division within the City responsible for Procurementand
inventory management;
Personal Irefers 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 data which is not crossing any international
border to a foreign jurisdiction (i.e., stays in Canada but outside of Ontario).
170.2 PURPOSES OF THIS BY-LAW
The purposes of this By-laware:
170.2.1tProcurementof
Goods, Services, Construction and Consulting Services;
170.2.2t
Procurementoperations;
and,
170.2.3to comply with the requirements of Section 270(1) of the Municipal Act,S.O.,
2001,S.O. c. 25, as amended from time to time.
170.3GOALS & OBJECTIVES
The goals and objectives are to:
170.3.1provide Goods, Services, Construction, or Consulting Services through
Procurementand inventory management in an efficient, timely and cost
effective manner, while maintaining the controls necessary for a public
agency, in accordance with this By-lawas approved by Council;
170.3.2encourage an open and competitive bidding process for the Acquisition and
Disposal of Goods, Services, Construction, or Consulting Services and the
objective and equitable treatment of all Supplierswhile ensuring the
principles of fairness, transparency and accountability are reflected in the
Procurementprocesses;
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170.3.3ensure the Best Value of an Acquisition is obtainedby determining the total
cost of an Acquisition. Factors to consider mayinclude, but shall not be
limited to, the determination of the total cost of performing the intended
function over the lifetime of the task, Acquisition cost, installation, Disposal
value, Disposal cost, quality of product, training cost, maintenance cost,
quality of performance and environmental impact;
170.3.4support effective business planning such that Goods, Services, Construction,
or Consulting Services will only be acquired after consideration of need,
alternatives, timing and appropriate life cycle management issues;
170.3.5adhere to the highest standards of ethical conduct and to avoid conflicts
and elected officials;
170.3.6ensure compliance with all applicable trade agreements, laws and
regulations;
170.3.7practice reciprocal non-discrimination and geographic neutrality with respect
Suppliers;
170.3.8avoid creating situations or relationships which may result in a continuous
reliance on a particular Supplier; and,
170.3.9 encourage the Procurementof Goods, Services, Construction, or Consulting
Services with due regard to the preservation of the natural environment.
170.4APPLICATION
170.4.1This By-lawapplies to all divisions within the City and may be adopted in
principle, and at their own discretion, by Local Boards and Affiliates of the
City.
170.4.2This By-lawapplies to the Procurementof all Goods, Services, Construction,
or Consulting Services except
By-lawalso applies to the Disposal of assetsowned by the City.
170.4.3By-lawdoes not apply to
the Acquisition or Disposal of real property.
170.4.4In addition to this By-law, the City has procedures, templates and forms for
use during the Procurementcycle. All tools for engaging in Procurementwill
be maintained and updated by Supply Services as required.
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170.5AUTHORITYAND RESPONSIBILITY
170.5.1Specific responsibilities pertaining to all stages of a Procurementprocess,
from the initial identification of requirements through to the management of
Contracts with Suppliers, are detailed in this By-law
Procurementprocedures. In addition to those specific responsibilities, the
officers and employees are set out below.
170.5.2Council
In accordance with best practices in municipal Procurement, Council
recognizes the need for a clear separation of political and administrative
Procurementoperations. It is the role of
budget approval process. Through this By-law, Council delegates to the
accordance with approved budgets through the Procurementof Goods,
Services, Construction and Consulting Services in accordance with the
rules and processes set out in this By-law.
specific Procurements by identifying Procurementprojects of interest, such
as Procurements that are of a high Procurement Value or involve
significant risk, security concerns or significant community interest.
To avoid the potential appearance of bias or political influence in
ProcurementContractaward decisions, members of Council will have no
involvement in competitive Procurementprocesses from the time those
Procurementprocesseshave been initiated through the advertisement or
issuance of the Solicitation Documentuntil a Contracthas been entered
into with the successful Bidder, except where Council considers or
approves the Contractaward in accordance with this By-law.
170.5.3 CAO
As per Chapter 115 of The City of Kitchener Municipal Code (Corporate
Leadership Team By-law), the CAO shall be given delegated authority to
approve any Contract awards each year during the months of June, July and
August, provided that the total costs are within the relevant approved budget
and that an information only report regarding these Contract awards is
brought to Council at its next meeting.
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The CAO shall be given delegated authority to approve any Contract award
that would not be permitted for approval by Council under Sections 275 (1) to
(4.1) of the Municipal Act, 2001
approved budget adopted by the Council before nomination day in the
election and that an information only report regarding these Contract awards
is brought to Council at its next meeting.
170.5.4 Treasurer / Deputy CAO of Finance and Corporate Services
The Treasurer/ Deputy CAO of Finance and Corporate Services is
responsible for overseeing Supply Services and providing support and
guidance to the Director of Supply Services, as required.
170.5.5 Director of Supply Services
Procurementand inventory
managementoperations. In fulfilling this role, the Director of Supply Services,
or designate, is responsible for:
a.researching developments in Canadian public Procurementrequirements
and best practices and, through collaboration with the Internal Business
Partners, recommending updates to this By-law
Procurementprocedures to reflect such developments and support the
Procurementgoals and objectives;
b.providing Procurementadvice and related services, including developing
and maintaining the necessary forms and Solicitation Document
templates, for the purposes of fulfilling the Procurementneeds of the City;
c.developing Procurementstrategies and continually analyzing the
business requirements and spending patterns to identify opportunities for
more strategic sourcing, including:
i.the Standardization of goods and services in conjunction with
Internal Business Partners, where appropriate and feasible; and
ii.the consolidation of all similar goods andservices where
appropriate and possible;
d.ensuring the consistent application of Procurementprocedures and
providing Procurementservices and inventory management in an efficient
and diligent manner;
e.addressing and, where possible, resolving issues or concerns that arise in
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respect of a Procurementprocess or the application and interpretation of
this By-lawProcurementprocedures and seeking guidance
and advice from the Treasurer / Deputy CAO of Finance and Corporate
Services and Legal Services, as required;
f.referring unresolved complaints from Bidders or Suppliers to the
Procurementcomplaint resolution procedure,as necessary, or where
required in accordance with applicable procedures;
g.ensuring compliance with this By-lawand reporting non-compliance, in
writing, to the appropriate Deputy CAO and/or the CAO where warranted;
h.providing appropriate orientation, training and tools to City employees
involved in Procurementactivities;
i.Cooperative
Purchasing groups and organizations, where such membership is
determined to be in the best interests of the City; and,
j.executing all Agreements, amendments to Agreements, assignments of
Agreements and related documents concerning the Procurementof
Goods, Services, Construction, or Consulting Services, where the
Contracthas been awarded as outlined within this By-law,regardless of
who the Approval Authority for the Acquisition is.
170.5.6 Legal Services
It is the role of Legal Services to provide legal advice and assistance in
Procurementactivities and its relationships with
Suppliers. In fulfilling this role, Legal Services is responsible for:
a.advising the Director of Supply Services as required, in relation to legal
issues arising from Procurementactivities, and reviewing and approving
specific Procurementdocumentation referred for legal review by the
Director of Supply Services;
b.providing advice on the finalization of Contracts and Agreements, and
and conditions, Agreements,and Solicitation Documenttemplates;
c.providing opinions during the Procurementcomplaint resolution
procedure, as requested; and
d.providing legal advice and counsel to the City in the event of a Contract
dispute or legal challenge flowing from a Procurementprocess.
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170.5.7 Deputy CAOs and Executive Directors
It is the role of the Internal Business Partners to ensure that their
requirements for Goods, Services, Construction and Consulting Services are
met in accordance with the goals and objectives of this By-law. In fulfilling this
role, the Deputy CAOs and Executive Directors, or their designates, are
responsible for:
a.exercising theirApproval Authority for all Procurementactivity within the
prescribed limits of this By-law;
b.delegating Authority Approval limits to staff in compliance with this By-law
and all applicable procedures;
c.ensuring that all Procurementactivities and decisions are authorized by
this By-lawProcurement
procedures;
d.ractor Safety Program
in the Acquisition of Services, Construction, or Consulting Services to
which the Program applies;
e.monitoring all Contractexpenditures to ensure compliance with financial
limits;
f.identifying and addressing non-compliance with this By-lawand applicable
procedures within their Departments; and
g.upon discovery of instances of non-compliance, notifying Supply Services
and consulting with Legal Services to obtain advice with respect to
mitigating potential risks to the City arising from the non-compliance.
170.5.8 Corporate Leadership Team
It is the role of the Corporate Leadership Team to provide strategic and
operational governance for the City as outlined within Chapter 115of The City
of Kitchener Municipal Code (Corporate Leadership Team By-law).In fulfilling
this role with respect with respect to the Procurementactivities of the City, the
Corporate Leadership Team is responsible for:
a.approval of Procurementprocedures developed by the Director of Supply
Services.
170.5.9 Department Employees
Employees of all Departments are responsible for complying with this By-law.
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Department employees involved in Procurementactivities must clearly
understand their obligations and responsibilities under this By-lawand all
applicable procedures, and should consult with Supply Services in respect of
any questions regarding the application or interpretation of this By-lawor the
Procurementprocedures.Department employees involved in Procurement
activities are encouraged to develop and foster productive and cooperative
professional relationships with their colleagues inSupply Services.
170.5.10 Supply Services Employees
Employees of Supply Services are responsible for complying with this By-law
and ensuring all Procurementprocedures are applied consistently. Supply
Services employees must clearly understand their obligations and
responsibilities under this By-lawand allapplicable procedures and should
consult with the Director of Supply Services in respect of any questions
regarding the application or interpretation of this By-lawor the Procurement
procedures.
Supply Services employees are expected to provide purchasing and inventory
management services to Internal Business Partners in an efficient and diligent
manner, and are encouraged to develop and foster productive and
cooperative professional relationships with their colleagues in all
Departments.
170.6 CONDUCT AND CONFLICTS OF INTEREST
170.6.1 Council and City Employees
Procurementactivities must be conducted with integrity so as to
Procurementactivities undertaken by the City
must be conducted in accordance with:
a.&
Advisory Committees (Policy#GOV-COU-005), as applicable;
b.Conflict of Interest Policy (Policy#II-45)for employees, as
applicable;
c.cy (Policy#II-40), as applicable;
d.the Statement of Ethics for Public ProcurementBy-
law); and
e.the Municipal Conflict of Interest Act,R.S.O. 1990, c.M.50, as applicable.
170.6.2 All participants in a Procurementprocess, including any Suppliers acting on
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interest.
170.6.3 No purchase will be processed for personal items of direct benefit to any
member of Council, employees of the City and their Immediate Family, except
where permitted by policy, or under the auspices of a City-sponsored
employee program or with the prior written approval of the CAO.
170.6.4 No Goods, Services, Construction, or Consulting Services will be purchased
from an employee of the City, or any associate or Immediate Family of an
employee, unless the extent of the interest of such individual has been fully
disclosed to the Director of Supply Services and the purchase has been
subsequently approved in writing by the CAO.
170.6.5 The following activities are prohibited, unless specifically approved by
Council:
a.Any attempt to evade or circumvent the requirements of the Procurement
Policy including, but not limited to, the division of purchases to avoid the
requirements of the ProcurementPolicy by any method, which includes
purchases made using Procurementcards.
b.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.
or
ii.is otherwise involved in the Disposal of goods
needs.
170.6.7 Members of Council are required to declare anydirect or indirectpecuniary
interest, and its general nature, which may result in a conflict of interest
pursuant to the Municipal Conflict of Interest Actand the member of Council
shall otherwise comply with that Act.
170.6.8 Any Contractwith the City in which a member of Council or any employee of
the City has an undeclared direct or indirect pecuniary interestmay be
voided.
170.6.9 Suppliers
The City expects its Suppliers to act with integrity and conduct business in an
ethical manner.The City may refuse to do business with any Supplier that:
a.has engaged in illegal or unethical Bidding practices;
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b.has an actual or potential conflict of interest;
c.has an unfair advantage in the Procurementprocess; or
d.fails to adhere to ethical business practices.
170.6.10 Where a Supplier is retained to participate in the development of a Solicitation
Documentor the Specifications for inclusion in a Solicitation Document, that
Supplier will not be allowed to respond, directly or indirectly, to that
Solicitation Documentunless the Director of Supply Services is satisfied that
there is not a reasonable alternative or that there isnot a competitive
advantage to be gained.
170.6.11Illegal or unethical Bidding practices include:
a.Bid-rigging, price-fixing, bribery or collusion or other behaviours or
practices prohibited by federal or provincial statutes;
b.attempting to gain favouror advantage by offering gifts or incentives to
City officers and employees, members of Council or any other
representative of the City;
c.lobbying members of Council or City officers and employees or engaging
in any prohibited communications during a Procurementprocess;
d.submitting inaccurate or misleading information in response to a
Procurementopportunity; and,
e.
fair Procurementprocess.
170.6.12The City will report any suspected cases of collusion or other Bid-rigging
offences under the Competition Act,R.S.C., 1985, c. C-34to the Competition
Bureau or to other relevant authorities.
170.6.13In providing Goods, Services, Construction or Consulting Services to
the City, Suppliers are expected to adhere to ethical business
practices, including:
a.performing all City Contracts in a professional and competent manner and
in accordance with the terms and conditions of the Contract; and
b.complying with all applicable laws, including safety and labour codes (both
domestic and international as may be applicable).
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170.7 STANDARD PROCUREMENT
170.7.1Standard Procurementdepends on the type and ProcurementValue of the
Goods, Services, Construction, or Consulting Services required. Standard
Procurementprocesses include:
a.conducting an Invitational Competition by soliciting Bids from a
minimum of three Suppliers; or
b.conducting an Open Competition by publicly advertising and posting the
Solicitation Document.
RequirementProcurementValueProcurementProcess Approval Authority
Excluding Taxes
Goods, Up to $24,999Non-CompetitiveDeputy CAO or
Services, designate
Construction,
Consulting
Services
Goods, $25,000-$49,999Invitational Competitive Director, Supply
Services, facilitated by the Services
ConstructionDepartment requiring
Acquisition
Goods, $50,000-$99,999Invitational Competitive Director, Supply
Services, facilitated by Supply Services
ConstructionServices
Goods, $100,000-$750,000Open Competition Director, Supply
Services, Services
Construction
Goods, Greater than Open CompetitionCouncil
Services, $750,000
Construction
Consulting $25,000 -$99,999Invitational CompetitiveDirector, Supply
ServicesServices
Consulting Greater than Open CompetitionCouncil
Services$100,000
170.7.2All standard Procurementprocesses must be conducted and reported in
accordance with this By-lawincluding the table set out in section 170.7.1
and all applicable procedures.
170.7.3Regardless of Procurement Value, the Director of Supply Services shall
submit a report to Council recommending award of a purchase greater than
$100,000 if any one or more of the following conditions apply:
a.the value of the Bid being recommended for award including any
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contingency allowance are in excess of the Council approved budget;
b.the projectis not specifically identified within the Council approved budget;
c.there are other orders of government or granting agencies which require
Council approval; or,
d.only one Bid was received in response to a Solicitation.
170.7.4
only report to Council on Solicitations awarded where the Procurement Value
is between $100,000 and $750,000 and the Director of Supply Services
approved the award.
170.7.5The issuance and approval of award of a Revenue Generating Contractof
any value requires the approval of the Deputy CAO of the Internal Business
Partner. It will be at the discretion of the Deputy CAO of the Internal Business
Partner and the Director of Supply Services whether to also seek Council
approval on the issuance and/or approval of award of a Revenue Generating
Contract.
170.7.6 Where any purchase of Goods, Services, Construction, or Consulting
Services has been authorized under this By-law, the Director of Supply
Services may authorize disbursement of additional funds provided that the
additional funds:
a.shall not exceed the greater of $100,000 or ten percent(10%) of the
original Contractprice;
b.are available within the relevant budget; and
c.are required to complete works that are necessary as part of the original
Contract.
The conditions above do not apply where the additional funds required are
provided to the City.
170.7.7 The Procurementprocessesshown in the table in section 170.7.1 are
minimum standards. Although the table indicates that the Procurement
process shall become progressively more formal as the estimated
ProcurementValueincreases, the Internal Business Partner or the Director of
Supply Services may always choose to use amore formal Procurement
processthan the process indicatedin the table.
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170.8NON-STANDARD PROCUREMENT
170.8.1Non-Standard Procurement processes for Goods, Services, Construction, or
Consulting Services includes,without limitation:
a.Non-Competitive Procurement; and
b. Limited Competition Procurement.
170.8.2The use of a Non-Standard Procurementprocess is only permitted under the
following circumstances:
a.where a Standard Procurementprocess was conducted in accordance
with this By-lawand applicable procedures and has not resulted in the
receipt of any Bids;
b.where only one Supplier is able to meet the requirements of a
Procurementin order to:
i.ensure compatibility with existing products;
ii.recognize exclusive rights, such as exclusive licenses, copyright
and patent rights; or
iii.maintain specialized products that must bemaintained by the
manufacturer or its representative;
c.where there is an absence of competition for technical reasons and the
Goods, Services, Construction, or Consulting Services can only be
supplied by one particular Supplier and no alternative or substitute exists;
d.for the Procurementof Goods, Services, Construction, or Consulting
Services relating to matters withConfidential Information or privileged
nature where the disclosure of those matters through an open competition
could reasonably be expected to compromise government confidentiality,
cause economic disruption or otherwise be contrary to the public interest;
e.for the Procurementof Goods, Services, Construction, or Consulting
Services from a publicly funded agency or a non-profit organization;
f.for the Procurementof Goods, Services, Construction, or Consulting
Services through a Vendor of Record (VOR) Program, where analysis
supports Best Value;
g.for the Procurementof Goods, Services, Construction, or Consulting
Services under exceptionally advantageous circumstances such as
bankruptcy or receivership, but not for routine purchases;
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h.for the Procurementof a prototype of Goods, Services, Construction
and/or Consulting Services to be developed in the course of, and for a
particular Contractfor research, experiment, study or original
development, but not for any subsequent purchases; or,
i. for the Procurement of Goods, Services, Construction and/or Consulting
Services that is financed primarily from donations that are subject to
conditions that are inconsistent with a standard Procurement process
conducted in accordance with this By-law and applicable procedures.
170.8.3All non-standard Procurementprocesses must be approved and conducted in
accordance with this By-lawincluding the table set out in this section and all
applicable procedures.
RequirementProcurementProcurementApproval Authority
ValueProcess
Excluding Taxes
Goods, Up to $99,999Non-Competitive or Director of Supply
Services, Limited CompetitionServices
Construction,
Consulting
Services
Goods, Greater than Non-Competitive or Council
Services, $100,000Limited Competition
Construction,
Consulting
Services
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170.9 EMERGENCY PROCUREMENT
170.9.1Notwithstanding any other provisions of this By-lawand provided time
does not permit the use of a Standard Procurement process, Goods,
Services, Construction and Consulting Services may be purchased on an
Emergency basis where they are required as a result of an unforeseen
situation or event occurs that is a threat to any of the following:
a.public health or safety;
b.the maintenance of essential City services or to prevent the disruption
of essential City services;
c.the welfare of persons or of public property; or
d..
170.9.2Where an Emergency purchase is required as described above, the Director
of Supply Services has the Approval Authorityto issue a Purchase Order for
the requirements. When the Procurement Value of the Emergency purchase
exceeds $100,000., the Director of Supply Services shall provide a report to
Council as soon as reasonably possible under the circumstances.
170.9.3Subject to the application of the provisions of By-law93-200 as amended and
a major Emergency and
Emergency Plan is implemented, the Director of Supply Services or a Deputy
CAO shall authorize any required purchases. For amounts exceeding
$100,000., the Director of Supply Services shall issue an information report to
Council.
170.10 PRE-QUALIFICATION OF SUPPLIERS
170.10.1 The purpose for prequalification of Suppliers is to ensure that each Supplier
intending to perform work on a City Contractcan demonstrate its ability to
provide the necessary expertise and resources to satisfactorily complete the
work required.
170.10.2 Prequalification of Suppliers may be issued by Supply Services and will only
be considered when one or more of the following circumstances exists:
a.the work will require substantial project management by the City ifthe
Supplier is not appropriately experienced and could result in a substantial
cost to the City;
b.the Goods, Services, Construction, or Consulting Services to be
purchased must meet national safety standards;
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c.the work involves complex, multi-disciplinary activities, specialized
expertise, equipment, materials, or financial requirements;
d.there could be a substantial impact on City operations if the work is not
satisfactorily performed the first time;
e.time requirements necessitate efficient use of time and expertise; or
f.any other circumstances deemed appropriate by the Director of Supply
Services.
170.10.3Prequalification requires Suppliers to provide such information as requested
by the City to determine that the Supplier has the capability in all respects to
perform the Contractrequirements. This information may include such things
as:
a.previous experience on similar work (Supplierand/or anystaff assigned);
b.capacity to fulfill the Contractrequirements; and
c.the facilities and/or equipment to perform the work.
170.11 BIDDER DEBRIEFINGS
170.11.1Where the City has conducted a competitive Procurementprocess,
unsuccessful Bidders may request a debriefing from Supply Services.
debriefing
procedure. The City will allow unsuccessful Bidders 60 calendar days
following the date of the Contractaward notification to request a debriefing.
170.12 SUPPLIER COMPLAINT RESOLUTION
170.12.1The City encourages open, competitive Procurementprocesses and the
objective and equitable treatment of all Suppliers.
170.12.2Suppliers may formally protest the outcome of a Procurementprocess.
Formal protests must be made by Suppliersand responded to by the City in
Procurementprotest procedure.
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170.13 CONTRACT MANAGEMENT AND SUPPLIER PERFORMANCE
170.13.1All Contracts must be managed by the respective Department employee
acting as the project lead in accordance with this By-lawand all applicable
procedures to ensure that both the City and the Supplier fulfil the
requirements of the Contract. Department Employees must involve Supply
Services and Legal Services in the management of Contractdisputes, as
required by applicable procedures.
170.13.2The respective Department Employee is responsible for monitoring and
documenting Supplier performance and compliance with Procurement
Contractperformance evaluation
procedure.
170.13.3Documented poor performance or non-performance on any City Contractwill
be used to determine the eligibility of a Supplier to continue to provide Goods,
Services, Construction, or Consulting Services to the City on a current
Contractand to determine their ability to participate on future City Contracts.
The City may suspend Suppliersfrom participating in future Solicitations for a
suspension
procedure.
170.13.4The Director of Supply Services shall apprise Council where any Supplier has
suspensionprocedure.
170.13.5NoSolicitation Documentwill be awarded to any Supplier which has a claim,
or has instituted a legal proceeding against the City or against which the City
has a claim, or has instituted a legal proceeding with respect to any previous
Contract, without prior approval of Council.
170.14UNSOLICITED PROPOSALS
170.14.1All unsolicited proposals, including any offers for presentations or
product/service trials submitted to the City with the expectation on the part of
the submitter of obtaining consideration for an ensuing Contractor purchase
by the City, must be directedto the Director of Supply Services for review and
approval for acceptance.
170.14.2Any Procurementresulting from the receipt of an unsolicited proposalmust
comply with the provisions of this By-law.
170.14.3If it is determined that there is a legitimate need for the Goods, Services,
Construction, or Consulting Services offered by way of an unsolicited
proposal, then an Acquisition process shall be conducted in accordance with
this By-lawand all applicable procedures.
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170.15 COOPERATIVE PURCHASING
170.15.1The City may participate with other publicly funded agencies inCooperative
Purchasingfor Goods, Services, Construction and Consulting Services when
it is in the best interests of the City to do so.
170.15.2In the event that the Cooperative PurchasingContractwas led by a publicly
funded agency other than the City, the Procurementprocessmust be
consistent with the requirements of this By-lawand the resulting Contract
must permit the City to purchase from that Supplierunder the same terms
and conditions.
170.16 GREEN PROCUREMENT
170.16.1The City is committed to the purchase of goods and services with due regard
to the preservation of the natural environment and to encourage the use of
environmentally friendly products and services.
170.16.2All Departments, in conjunction with Supply Services, are encouraged to seek
additional ways of achieving the goal of being environmentally safe and
responsible by thorough review of each Procurementprocess to ensure that,
wherever possible and economicalSolicitation Document
includes Specifications that reflect environmentally friendly attributes of the
Solicitation Document
drafting procedure.
170.17 PROTECTION OF CONFIDENTIAL / PERSONAL INFORMATION
170.17.1
as part of the provision of the Goods, Services, Construction, or Consulting
Services, the City will ensure that the Solicitation Document and/or terms and
ensure privacy of the Confidential Information.
170.17.2 Where Personal Information, including the Transborder Data Flow of Personal
purchasing process shall ensure that any
Personal Information produced by or resulting from services provided by a
Supplier 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,or stored by
aSupplier.
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170.18 DISPOSAL OF SURPLUS ASSETS
170.18.1The Department Head must submit to the Director of Supply Services, a
written report of all City assets, including but not limited to, furniture, vehicles,
equipment, supplies, and other goods and material, which are deemed
surplus or which have become obsolete, worn out, or otherwise incapable of
use.
170.18.2The Director of Supply Services, shall have the Approval Authority to sell,
exchange, or otherwise dispose of City assets declared as surplus or
obsolete to the needs of the City. The Director of Supply Services may first
offer the surplus assets to other Departments. Any surplus assets not
required by Departments and that are deemed by the Director of Supply
Services as having a residual value may be disposed of by any of the
following Disposal methods:
a.by auction or solicitation; or
b.by donation to a non-profit agency; or
c.by recycling; or
d.in the event that all efforts to dispose of the goods by sale are
unsuccessful, by scrapping or destroying if recycling is unavailable.
170.18.3No City employees, officers or elected officials, or any member of a City
Board will personally obtain any City asset that has been declared surplus
unless it is obtained through a public process.
170.18.4The Disposal of artifacts is exempt from the requirements of this By-law.
170.19 INCORPORATION OF ACCESSIBILITY DESIGN, CRITERIA AND FEATURES
170.19.1 The City will promote, and incorporate, whenever possible, the requirements
of the Ontarians with Disabilities Act, 2001 (ODA), the Accessibility for
Ontarians with Disabilities Act, 2005 (AODA), and specifically, Ontario
Regulation 429-07 and Ontario Regulation 191-11 made under the
Accessibility for Ontarians with Disabilities Act, 2005 in procurement activities
of the City.
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170.20 BY-LAW ADMINISTRATION
170.20.1This By-lawBy-law
170.20.2Under this By-lawand associated procedures, the Director of Supply Services
is authorized to make all decisions, save and except where Council is
specifically identified in this By-lawas the authority. Any Supplier shall have
the right to appeal that decision to Council
170.20.3Council may waive any provisions or requirements of this By-law.
170.20.4This By-lawwill be reviewed every five (5) years, or such earlier date as the
Director of Supply Services, or Deputy CAO of Finance and Corporate
Services or Council may deem it appropriate to evaluate its effectiveness.
170.20.5It is hereby declared that each and every ofthe foregoing sections of this By-
lawis severable and that, if any provisions of this By-lawshould 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 hereofshall
remain in full force and effect.
170.20.6That the following By-lawandthe contents of Chapter 170 ofThe City of
Kitchener Municipal Code be repealed and replaced:
By-law2014-109, 15 September 2014;
170.20.7Notwithstanding its repeal, any purchases begun but not yet completed by the
effective date of this By-lawshall be completed in accordance with the terms
of the previous Chapter 170 of The City of Kitchener Municipal Code as if it
were still in effect.
170.20.7The Clerk of the City is hereby directed to make this By-lawa part of The City
of Kitchener Municipal Code by adding it to the Concordance and arranging
and numbering it as Chapter 170 so as to fit within the scheme of the Code.
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170.21SCHEDULES
170.21.1ScheduBy-lawExcluded Procurements forms an integral part
of this By-lawand is attached hereto.
170.21.2By-lawStatement of Ethics for Public Procurement
forms an integral part of this By-lawand is attached hereto.
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Excluded Procurements
This By-lawdoes not apply to the Acquisition of the following:
1.Training and Education
conferences and conventions
courses, workshops and seminars
memberships and subscriptions, periodicals, books
training and development including course development and delivery
computer software for educational purposes
2.
employee expenses (professional dues / license renewals, meal allowances,
travel, advances, miscellaneous)
petty cash replenishmentand cash advances
workers safety insurance board payments
health benefits, medical notes and exams
tax remittances
insurance premiums
damage claims
legal settlements
arbitration awards
charges to, and from, other publicly funded agencies or administrativeauthorities
mandated by the government
Council approved grants and / or donations
severance)
payroll deduction remittances
honorariums
debentures / debt / sinking funds
payments to Local Boards and Affiliates
real property including land, building, leasehold interests, easements,
encroachments, licences and rentals
investments
refunds (such as property tax refunds, building permit refunds, and refunds for
cancelled services, programs or events)
license fees (regular maintenance fees for vehicles, elevators, communications,
software, etc. to maintain existing products and systems)
utilities (such as water, sewer, hydro, natural gas, telecommunications, postage,
and cable services)
temporary staffing agencies and services
assessments and tools where positions and/or individuals are assessed for
recruitment and selection purposes, including tools and assessments which
would assist in the accommodation of individuals
election equipment, materials and supplies
media / advertising
4 - 35
software upgrades/ maintenance costs
3.Special Services:
legal counsel fees
financial services fees related to financial assets and liabilities, including banking
services, ancillary advisory and information services as well as management of
investments, whether or not delivered by a financial institution
witness fees
committee fees
arbitrator fees
appraisal fees
real estate fees
land transfer taxes
registry office fees
insurance claims
revenue collected on behalf of a third party
utility relocates
railway crossing maintenance
collection agency fees
4.Acquisitions which will be reimbursed in full by a third party.
5.Acquisitions related to Local boards and Affiliates
6.Expenses related to partnerships that are primarily coordinated by volunteers
7.Goods or Services in which the supply is controlled by a statutory monopoly
8.Work to be performed under the provisions of a warranty or guarantee held in
respect of the original work.
9.Goods or Services purchased on a commodity market (such as carbon tax
allowances and offset credits, natural gas for re-sale)
10. Goods and Services related to cultural or artistic fields, such as:
events supporting local non-profit organizations
entertainers for theatre or special events
original works of art
aContract to be awarded to the winner of a design contest
antiques or artifacts
11. Sponsorships
12. Construction costs of developer build parks when the City is reimbursing a
developer for construction costs related to a park in the early stages of subdivision
development
4 - 36
Statement of Ethics for Public Procurement
The following ethical principles should govern the conduct of every City employee
related to the Procurement of Goods, Services, Construction and Consulting Services:
a. open and honest dealings with everyone who is Involved in the purchasing
process;
b. fair and impartial award recommendations for all Contracts;
c. an irreproachable standard of personal integrity on the part of all those involved in
the Procurement of goods, services, construction and consulting; and,
d. cooperation with other publicly funded agencies in order to obtain the Best Value
for public money.
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