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HomeMy WebLinkAboutFIN-2022-296 - Procurement By-law Review Financial Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 8, 2022 SUBMITTED BY: Ryan Scott, Manager, Procurement 519-741-2200 ext. 7214 PREPARED BY: Ryan Scott, Manager, Procurement 519-741-2200 ext. 7214 WARD(S) INVOLVED: N/A DATE OF REPORT: June 1, 2022 REPORT NO.: FIN-2022-296 SUBJECT: Procurement By-law Review RECOMMENDATION: That the Procurement By-law attached as Appendix 2 to Financial Services Department report FIN-2022-296, be approved; and That the contents of The City of Kitchener Municipal Code Chapter 170, Purchasing and Materials Management be repealed and replaced by the Procurement By-law; and further, That By-law 2017-106 being a By-law to cover Purchasing and Materials Management policies be repealed. REPORT HIGHLIGHTS: Revisions to Procurement By-law including Administrative updates; Proposing Change of Ability to Award within Council Approved Budget; Benefits include efficiencies in process resulting in time and money savings; Decrease time to award increases competitive advantage for the City with suppliers. 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. The Procurement Section is responsible for sourcing approximately $120 million dollars annually of goods, services and construction. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. In 2017 the Purchasing By-law was updated to create a policy framework that aligned with trade agreements and best practices of other municipalities. Since that time there has been acomprehensive reviewwhich provided many recommendations anda business plan project was identified to review overall procurement practices including the by-law. Changes were planned to come forward to Council earlier but some of this work was delayed due to the pandemic, picking up again in 2021. The suggested changes align best practices. The intent as set out within this report, and the proposed Procurement By-law, is to enable procurement processes to be efficient and effective, strengthen the policy around procurement while enabling the deployment of various procurement tools and continuing to safeguard the principles of openness, fairness, transparency and accountability. The recommendations will also ensure that the City will continue to experience few challenges related to procurement policies and practices while exploring and implementing innovative and changing best practices in public procurement. REPORT: The revised Procurement By-law, Appendix 2, was developed through collaboration with suppliers, external construction associations, municipal counterparts, staff from across the organization and external legal review. Staff identified potential changes by reviewing: feedback provided during debriefings with suppliers; findings in the comprehensive audit of the purchasing section; 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, the Broader Public Sector Procurement Directive; and recommendations from external legal counsel External Legal Review In 2019, external legal council specializing in Procurement was hired to conduct a comprehensive review of the Procurement division, procedures, templates, and by-law. Their report confirmed areas of exposure and recommendations. This has resulted in development of new solicitation documents, new procedures and policies, Procurement staff training to facilitate this transition to a strategic mindset and use of appropriate tools, and legal review and recommendations specific to the proposed Procurement By-law. The proposed Procurement By-law is the remaining piece required to bring forward the full implementation of the suite of items the City has available to implement as recommended by external legal counsel and supported by internal legal counsel. Key Changes The proposedProcurement By-lawincludes language and governance that are broadly recognized industry best practices. Many other agencies have adopted this style of institutional governance. Revisions to the current Purchasing By-Law: Housekeeping & administrative changes (titles, roles and definitions); Updates to language that provide more efficiency (eg. for design competition, other innovation procurement approaches); Updated open competition procurement threshold from $100K to $120K updated to align with trade agreement values Appendix 4; Strengthened language Contract Management and Supplier Performance; Ability to award within Council approved budget Ability to Award within Council Approved Budget The current Purchasing By-law is prescriptive on the scenarios which require a recommendation to be approved by Council, based on certain dollar thresholds or other scenarios. This practice however of taking award recommendations to Council (even if already approved in Budget) significantly delays the procurement process, potentially increases pricing thereby putting the city at a competitive disadvantage. Analysis done on recommendations over the past three (3) years shows that approximately 45 reports are brought to Council each year, of which 35 were within Council approved budget. Of the 45 reports, 100% were approved by Council. External legal council has recommended that be discontinued for the following reasons: - n award where a binding tender is received and is within budget; there are legal risks Council would be taking if the award recommendation was not approved. - Having Council approve awards exposes the City to the risk of allegations of inappropriate political influence and interference in the procurement process, which is specifically prohibited within the by- expenditures through the budget process. - Many other government agencies including the municipal space have adopted this as best practice, as it streamlines the procurement process and reduces legal risk to the municipality. The proposed procurement by-law recommends that staff have the ability to award solicitations within Council approved budget, provided the approved funding is not exceeded and it is in compliance with the by-law. Council will have the ability to identify high value or projects of significant risk, security concern or significant community interest to be brought forward to Council. In addition, Council will continue to receive quarterly reports which provides all information currently being received in the award recommendations. The graphic below outlines the current process vs the proposed process and highlights the significant time saved by awarding procurements within days after evaluation rather than waiting to bring a recommendation to Council for approval. This benefits the City in that suppliers will be able to offer competitive pricing, knowing they will not hold prices for 90 days, quicker time to project start, giving the city a competitive advantage. Other benefits are outlined below. Key Benefits to Award within Council approved Budget Experience shows that more bids received translates to more competitive pricing, resulting in savings to citizens of Kitchener. Shorter time to award results in Suppliers have expressed challenges to hold pricing for 90 days (their suppliers more competitive bids, better pricing hold pricing for only 30 days) resulting in contingency being added to bids and and cost certainty potential reduced interest in procurements if contractors facing resourcing constraints Appendix 1 shows other municipalities that have adopted this style of Alignment with other municipalities governance (awarding projects within Council approved budget) putting them eliminating competitive at a competitive advantage disadvantage Reduces the risk of allegations of inappropriate political influence and interference in the procurement process (as prescribed in the by-law); Appreciated by the supplier community as it allows them to more accurately Contracts awarded within 2-30 days cost and plan their resources to align better with city projects instead of 30-90 expediting project Allows suppliers to bid on more City of Kitchener projects (will save $$) and construction schedules Allows internal business units to expedite projects Time savings and efficiencies will provide an opportunity to award the maximum Savings of more than 300 hours per number of projects internally year in staff time, increasing Provide staff more time for supplier performance management and spend capacity for morevalue-added analysis Quarterly Council reports provide information on all procurements issued exceeding the thresholds Bid Opportunities are showcased on the City's website, providing transparency Maintains open, fair and to the public, suppliers and Council. Provides up to date information on current transparent process and awarded solicitations including submissions and pricing. Appendix 3 provided as example. Creating Conditions for More Bids and Better Pricing Through our own experience, we know that even one additional bid can result in greater budget savings and the proposed changes to the by-law is expected to create the conditions for encouraging this. Based on the requirements for approval through the current by-law and the process conducted, contractors and suppliers are required to hold their bid prices for 90 days. Through direct feedback, contractors have expressed challenges holding prices for this length of time as many suppliers that they rely on for materials are only willing to hold prices for 30 days. This can result in contingency being added to bids to manage the risk of price fluctuations, and in some cases, limit the interest for certain types of procurements where contractors have limited resources and must be selective in what types of solicitations they decide to respond to and pursue. Timing of contract award matters and is why we often see greater number of bids earlier in the year when contractors are planning their work compared to far fewer bids received for solicitations later in the year. Reducing procurement timelines from approximately 120 to 60 days has the potential to result in additional budget savings. For example, bids on larger solicitations (greater than $5M), can often vary between $100k to $200k and the difference between the lowest and highest bidder can be up to $1M. By reducing the timeline, we create the conditions to encourage more bids and better pricing that could result in savings that we are not fully realizing as illustrated in the example below: Summary Staff are confident that the collaborative approach undertaken in this review ensures that the proposed Procurement By-law is aligned with trade agreements, legislated requirements and best practices to allow an innovative approach to procurement of goods, services and construction. Staff believe the changes proposed will result in significant process efficiencies, providing more time for value-added work such as supplierperformance management and spend analysis and in addition will allow suppliers to provide more competitive bids and pricing, resulting in better value. The proposed changes continue to providing the public, suppliers and Council transparency in the process. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: None COMMUNITY ENGAGEMENT: INFORM the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: Municipal Act, 2001 FCS-17-038 Purchasing By-law Review APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department ATTACHMENTS: Appendix 1 - Municipal Comparison for Institutional Governance Appendix 2 - Procurement By-law Appendix 3 - Transparent Procurement Processes Bid Opportunities Website Appendix 4 - Trade Agreement Competitive Bid Thresholds Appendix 1 Municipal Comparison for Institutional Governance Procurement Spend Authority to Award within Per Year on Average Council Approved Budget City of Waterloo 50 M Limited City of Cambridge 65 M Yes City of Niagara Falls 65 M Yes City of Brantford 89 M Yes City of Barrie 104 M Yes Town of Oakville 105 M Yes City of Kingston 120 M Yes City of Greater Sudbury 140 M Yes City of Vaughn 140 M Yes City of Guelph 147 M Yes City of Brampton 280 M Yes City of Hamilton 350 M Yes Region of Durham 370 M Yes City of Mississauga 477 M Yes Region of Halton 875 M Yes Region of Waterloo 890 M Limited City of Ottawa 1 B Yes Region of Peel 1 B Yes Region of York 1.5 B Yes City of Toronto 3.1 B Yes City of Kitchener Current (2017) 120 M Limited City of Kitchener Proposed 120 M Yes Appendix 2 Procurement By-law Uploaded as separate attachment Appendix 3 Transparent Procurement Process Bid Opportunities Website The City of Kitchener Bid Opportunities Website provides both Council and the supplier community with bid information including project scope, number of submissions, current status and award results. A few screenshots have been included for Councils reference. Appendix 4 Trade Agreement Competitive Bid Thresholds BY-LAW NUMBER 2022-XXX 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 the Municipal Act 2001, S.O., Section 270 requires all municipalities and local boards to adopt and maintain a policy concerning the procurement of goods and services. AND WHEREAS the Corporation of the City of Kitchener is committed to ensuring its procurement decisions are fair, open and transparent; AND WHEREAS purchases made by the City of Kitchener should reflect best value for the taxpayer, protect the Corporation's financial interests and encourage competitive bidding; AND WHEREAS the Corporation of the City of Kitchener must be prepared to manage extraordinary circumstances from time to time, and that such circumstances may require immediate procurement decisions that are necessary to prevent or alleviate serious delay, a threat to public health, safety or welfare, the disruption of essential services or damage to public property or to respond to any emergency of the Corporation or as required under the provincial Emergency Management and Civil Protection Act (as amended); AND WHEREAS effective planning, monitoring and control of public sector procurement are essential for maintaining public trust and confidence; AND WHEREAS it is deemed expedient that the Council of The Corporation of the City of Kitchener repeal Chapter 170 of The City of Kitchener Municipal Code and repeal and replace By- law 2017-106 as amended being a by-law to establish a policy concerning the procurement of goods and services. NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. PURPOSES OF THIS BY-LAW The purposes of this By-law are: 1.1. and construction; 1.2. To describe the roles, 1.3. To extend authority to the CAO and CPO for the approval of detailed procurement procedures and protocols that are consistent with the intent of this By-law and, to supplement and amend those procedures and protocols as and when deemed necessary, to meet the present and future needs of the City; and, 1.4. To comply with the requirements of Section 270(1) of the Municipal Act, S.O., 2001, as amended from time to time. 2. PROCUREMENT GOALS AND OBJECTIVES The goals and objectives of the Citys procurement operations are: 2.1. To obtain the best value for the City when procuring goods and service(s) and construction and manage inventory in an efficient, timely and cost effective manner; 2.2. To encourage competitive procurement and ensure the principles of fairness, objectivity, 2.3. To support effective business planning such that goods, services and construction will only be acquired after consideration of need, alternatives, timing and appropriate life cycle management issues; 2.4. To adhere to the highest standards of ethical conduct and to avoid conflicts between the 2.5. To ensure compliance with all applicable trade agreements, laws and regulations; By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener 2.6. To practice reciprocal non-discrimination and geographic neutrality with respect to 2.7. To avoid creating situations or relationships which may result in a continuous reliance on a particular supplier; and, To encourage the procurement of goods, services and construction with due regard to the 2.8. preservation of the natural environment and the promotion of human rights and fair labour practices. 3. APPLICATION OF THIS BY-LAW 3.1. This By-law applies to all departments of the City and may be adopted in principle and, at their own discretion, by local boards and affiliates of the City; 3.2. This By-law applies to the procurement of all goods, service(s) or construction, except for - Surplus Assets; 3.3. -law does not apply to the acquisition or disposal of real property. The disposal of real property is governed by the Policy and/or By-law in effect at the time of such disposition; and, 3.4. In addition to this By-law, the City has procedures, protocols, templates and forms for use during the procurement cycle. All tools for engaging in procurement activity will be maintained and updated by the Procurement Section as required and Intranet and where applicable the external website. 4. DEFINITIONS 4.1. In this By-law: "Agreement " means a written document, executed by the City and the Supplier, evidencing the Contract between the City and the Supplier for the Deliverables being procured; "Approval Authority " means the authority to approve Procurements and award Contracts, as well as any assignment or corporate change requests related to such Contracts, in accordance with Section 10, but does not include the authority to issue Purchase Orders or execute Agreements; of performance and cost determined in accordance with specified evaluation criteria; nit initiating or requesting the Procurement of Deliverables; and Treasurer of the City or designate; head of the Section or designate; Kitchener; Division or designate; Competition; or demolish any structure, building or public improvement, and generally does not apply to routine maintenance, repair or operations of existing real property; services or construction from a supplier, which may be evidenced by 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; public procurement entities combine their requirements in a single procurement process to obtain advantages of volume purchases from the same supplier(s) or contractor(s); 2 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener Goods, Services, Construction, or any combination thereof; ny department of the City; means the General Manager of a Department, and includes the CFO and CAO, or their designate;, Department Head to act on their behalf, for the purpose of this By-law; means an act through which the City gives up title to property; provision of the moveable property, such as manufacturing, delivery, installation or maintenance, and any necessary raw materials, products, supplies, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a construction contract; "Immediate Family" means the spouse of the individual, as defined in Part III of the Family Law Act, and the child, stepchild, parent, stepparent, sibling, grandchild and grandparent of either the individual or their spouse; which an invitation to submit bids is issued to at least three suppliers; 5.1; of Deliverables, as per the thresholds stated this By-law, that are not covered by an existing Standing Offer or Qualified Supplier Roster or available -5.1; -has the meaning ascribed thereto in Section 15.1; document; construction by purchasing, renting or leasing; means the committee established pursuant to Section 13 of this By-law; rocurement Val means the estimated maximum total value of the Deliverables being procured over the entire duration of the Contract, including the total value of all options for extension of the Contract term and/or expansion of the scope of Deliverables to be purchased under the Contract. The Procurement Value must include all anticipated costs to the City, including, as applicable, acquisition, delivery, installation, training, operation, maintenance, replacement and Disposal, less applicable rebates or discounts and shall exclude HST or other sales taxes; Purchase Ordermeans the Citys written document issued by a duly authorized employee of the City to a Supplier formalizing all the terms and conditions of the purchase and supply of the Deliverables identified on the face of the Purchase Order; Procurement Sectionmeans the section of the Finance Department responsible for the procurement of Deliverables for the City; Purchasing Carmeans a credit card provided by the City to duly authorized employees of the City for use as a payment method to purchase directly from Suppliers where permitted under this By-law and in accordance with a written card holder agreement and applicable procedures; ualified Supplier Rostermeans a list of Suppliers that have participated in and successfully met the requirements of a Open Competition in accordance with Section 14.5, and have been pre-qualified to perform discrete work assignments involving the delivery of a particular type of Deliverables for a specified term; ualified Supplier Roster Competitiomeans an expedited, invitational competition between suppliers that have been included on a Qualified Supplier Roster for the selection of a supplier to provide the Deliverables as specified in the original Open Competition during the term of the roster; Real Propertymeans land or any interest in land and its permanently affixed buildings or structures; Servicesmeans the furnishing of labour, time or effort by a supplier, which may involve 3 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener the delivery or supply of products incidental to the provision of the services, and includes professional, construction or maintenance services, and expert or strategic advice that is presented for consideration and decision-making; Solicitation Docummeans the document issued by the City to solicit bids from bidders; 14; Standing Offermeans a written offer from a pre-approved Supplier to supply Deliverables to the City, upon request, through the use of an ordering process during a particular period of time, at a predetermined price or discount, generally within a pre-defined dollar limit. The Standing Offer does not create a contractual commitment from either party for a defined volume of business. The commitment to purchase against a Standing Offer is formed at the time a specific order is placed through the issuance of a Purchase Order to the Supplier; Suppliermeans a person carrying on the business of providing goods, services or construction; than Real Property, including but not limited to movable property subject to ownership, with exchange value that has been identified by authorized City staff as being Surplus Assets in accordance with Section 26; 4.2. References within this by-law to municipal, provincial or federal laws, by-laws, policies or procedures shall include any amendment to, and any modification or re-enactment thereof; any law, by-law, policy, procedure or provision substituted therefor; and all regulations and instruments issued thereunder or pursuant thereto. 5. CONTRACT SPLITTING 5.1. Subdividing, splitting or otherwise structuring procurement requirements or contracts in order to reduce the procurement value or in any way circumvent the requirements or intent of this By-law is not permissible. 6. CITYCONDUCT AND CONFLICTS OF INTEREST 6.1. trust. All procurement activities undertaken by the City must be conducted in accordance with: a) the Advisory Committees, as applicable; b) s applicable; c) d) Procedures and Protocols, as applicable; e) -law; and f) the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as applicable. 6.2. All participants in a procurement process, including any external consultants or other service conflicts of interest. 6.3. No purchase will be processed for personal items of direct benefit to officers or employees of the City or any member of Council except where permitted by policy, or under the auspices of a City-sponsored employee program or with the prior approval of the CAO. 6.4. No Deliverables will be purchased from an officer or employee of the City, or any associate or Immediate Family of an officer or employee, directly or indirectly, unless the extent of the interest of such individual has been fully disclosed to the CPO and the purchase has been subsequently approved by the CAO. 6.5. Members of Council are required to declare any direct or indirect pecuniary interest, and its general nature, which may result in a conflict of interest pursuant to the Municipal Conflict of Interest Act and the member of Council shall otherwise comply with that Act. 6.6. Any Contract with the City in which a member of Council or any employee of the City has an undeclared direct or indirect pecuniary interest may be voided. 7. SUPPLIERS CONDUCT AND CONFLICTS OF INTEREST 7.1 The City expects its Suppliers to act with integrity and conduct business in an ethical manner. 4 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener 7.2 The City may refuse to do business with any Supplier that: a) has engaged in illegal or unethical bidding practices; b) has an actual or potential conflict of interest; c) has an unfair advantage in the procurement process; or d) fails to adhere to ethical business practices. 7.3 All Suppliers participating in a procurement process must declare any perceived, possible or actual conflicts of interest. 7.4 Where a supplier is retained to participate in the development of a Solicitation Document or the specifications for inclusion in a Solicitation Document, that Supplier will not be allowed to respond, directly or indirectly, to that Solicitation Document. 7.5 Illegal 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 favour or 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 procurement process; d) submitting inaccurate or misleading information in response to a procurement opportunity; and e) procurement process. 7.6 The City will report any suspected cases of collusion or other bid-rigging offences under the Competition Act to the Competition Bureau or to other relevant authorities. 7.7 In providing Deliverables 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; b) complying with all applicable laws, including safety and labour codes (both domestic and international as may be applicable); c) ensuring that d) providing workplaces that are free from harassment or discrimination of any kind. 8. SEPARATION OF ROLES AND THE ROLE OF COUNCIL 8.1. In accordance with best practices in municipal procurement, Council recognizes the need procurement operations. It is the role of Council to establish policy and to approve By-law, Council accordance with approved budgets through the procurement of Deliverables in accordance with the rules and processes set out in this By-law. 8.2. To facilitate procurement projects of interest, such as procurements that are of a high value or involve significant risk, security concerns or significant community interest. 8.3. To avoid the potential appearance of bias or political influence in procurement contract award decisions, members of Council will have no involvement in competitive procurement processes from the time those procurement process have been initiated through the advertisement or issuance of the solicitation document until a contract has been entered into with the successful bidder, except where Council is required to approve the contract award in accordance with Section 11 of this By-law. 9. ROLES & RESPONSIBILITIES 9.1. Specific responsibilities pertaining to all stages of a procurement process, from the initial identification of requirements through to the management of contracts with suppliers, are detailed in this By- to those specific responsibilities, the general roles and responsibilities delegated to the 5 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener officers and employees are set out below. 9.2. Chief Administrative Officer It is the role of the CAO to promote this By-law. In fulfilling this role, the CAO is responsible for: a) exercising their authority for all procurement activity within the prescribed limits of this By-law; and b) providing support and guidance to the CFO, CPO and the Procurement Review Committee, as required. 9.3. Chief Financial Officer The CFO is responsible for overseeing the Procurement Section. It is the role of the CFO to implement and promote this By- In fulfilling this role, the CFO is responsible for: a) providing support and guidance to the CPO and the Procurement Review Committee, as required; b) ensuring compliance with this By-law and reporting serious or repetitive incidents of non-compliance to Council, as warranted; and c) review and approval of recommendations submitted by the CPO and reporting to Council. 9.4. Chief Procurement Officer It is the role of the CPO to lead the Citys procurement and inventory management operations. In fulfilling this role, the CPO or designate is responsible for: a) researching developments in Canadian public procurement requirements and best practices and recommending updates to this By-law, as necessary, to reflect such developments and support b) developing, implementing, maintaining and updating, as Procurement Procedures and Protocols; c) providing procurement advice and related services, including developing and maintaining the necessary forms, contracts, and solicitation document templates, for the purposes of fulfilling the procurement needs of the City; d) requirements and spending patterns to identify opportunities for more strategic sourcing, including: i) the standardization of goods and service(s) in conjunction with departments, where appropriate and feasible; and ii) the consolidation of all similar goods and service(s) where appropriate and possible; e) submitting recommendations and reports to Council, as required under this By- law. f) ensuring the consistent application of procurement procedures and protocols and providing procurement services and inventory management in an efficient and diligent manner; g) addressing and, where possible, resolving issues or concerns that arise in respect of a procurement process or the application and interpretation of this By- law and the and advice from the Department Head, CFO and City Solicitor, as required; h) referring unresolved issues or concerns employees relating to the procurement process to the CFO, as necessary; i) referring unresolved complaints from bidders or suppliers to the Procurement Review Committee, as necessary, or where required in accordance with applicable procedures and protocols; j) ensuring compliance with this By-law and reporting non-compliance, in writing, to the appropriate Department Head and/or the CFO where warranted; 6 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener k) providing appropriate orientation, training and tools to City employees involved in procurement activities; and l) -operative procurement groups and organizations, where such membership is determined to be in the best interests of the City. 9.5. Legal Services It is the role of Legal Services to provide legal advice and assistance in respect of the Citys procurement activities and its relationships with Suppliers. In fulfilling this role, Legal Services is responsible for: a) advising the CPO, as required, in relation to legal issues arising from procurement activities, and reviewing and approving specific procurement documentation referred for legal review by the CPO; b) providing advice on the finalization of contracts and agreements, and reviewing and advising on proposed chang legal agreements and solicitation document templates; c) providing opinions to the Procurement Review Committee, 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 procurement process. 9.6. Business Units Department Heads It is the role of the Business Units to ensure that their requirements for Deliverables are met in accordance with the goals and objectives of this By-law. In fulfilling this role, Department Heads, or their designates, are responsible for: a) exercising their authority for all procurement activity 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 and protocols; c) ensuring that all procurement activities and decisions are authorized by this By- law and protocols; d) monitoring all contract expenditures to ensure compliance with financial limits; e) identifying and addressing non-compliance with this By-law and applicable procedures and protocols within their Departments; and f) upon discovery of instances of non-compliance, notifying the Procurement Section and consulting with Legal Services to obtain advice with respect to mitigating potential risks to the City arising from the non-compliance; and g) in the procurement of Deliverables to which the Program applies. 9.7. Business Unit Employees Employees of all Business Units are responsible for complying with this By-law. All employees involved in procurement activities must clearly understand their obligations and responsibilities under this By-law and all applicable procedures and protocols, and should consult with the Procurement Section in respect of any questions regarding the application or interpretation of this By-law or the procurement procedures and protocols. Department employees involved in procurement activities are encouraged to develop and foster productive and cooperative professional relationships with their colleagues in the Procurement Section. 9.8. Procurement Section Employees Employees of the Procurement Section are responsible for complying with this By-law and ensuring all procurement procedures and protocols are applied consistently. Procurement Section employees must clearly understand their obligations and responsibilities under this By-law and all applicable procedures and protocols and should consult with the CPO in respect of any questions regarding the application or interpretation of this By-law or the procurement procedures and protocols. Procurement Section employees are expected to provide purchasing services to Departments in an efficient and diligent manner, and are encouraged to develop and foster productive and cooperative professional relationships with their colleagues in Departments. 7 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener 10. DELEGATED APPROVAL AUTHORITY 10.1. Delegated Approval Authority Delegated Approval Authority A contract must be established by the execution of a legal agreement and/or the issuance of a purchase order before work on the Deliverables commenc progressively more formal as the estimated Procurement Value increases, the Business Unit or the CPO may always choose to use a more formal Procurement process than the process indicated in the table. 10.2. Approval Authority to CAO a) The CAO is hereby given delegated Approval 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. b) The CAO is hereby given delegated Approval Authority to approve any Contract award that would not be permitted for approval by Council under Sections 275 (1) to 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. 10.3. Conditions of Delegated Approval Authority All delegated Approval Authority is subject to the following conditions: a) Sufficient funding for the Procurement Value is available in the appropriate Council approved budget as may be amended and approved in accordance with standard City practice; b) The Procurement process was conducted in accordance with this by-law and all applicable procedures and protocols; c) Where a Competitive Process was conducted, the Contract is awarded to the top- ranked Bidder, as determined in accordance with the evaluation and selection process set out in the Solicitation Document; d) No contract may be entered into, either through the issuance of a purchase order or the execution of a legal agreement, unless approved budget in an amount sufficient to cover the Procurement Value is available and the procurement process was conducted in accordance with this By-law and all applicable procedures and protocols; e) A financing lease may only be approved and entered into in accordance with the ; f) The delegation of authority to approve a contract does not apply to a contract requiring Council approval under Section 11 of this By-law. 11. COUNCIL APPROVAL The following contracts require Council approval 11.1. : a) any contract requiring approval from the Ontario Municipal Board; b) any contract prescribed by statute to be made by Council; c) where Council has waived any provisions or requirements of this Procurement By-law; d) where there is an irregularity or unresolved challenge in connection with the procurement process and, in the opinion of the CFO, in consultation with the City Solicitor, the award of the contract is likely to expose the City to legal, financial or reputational risk; and, e) any one or more of the conditions of delegated Approval Authority are not met. 12. EXECUTION OF CONTRACTS AND ISSUANCE OF PURCHASE ORDERS a) The CPO has the delegated authority to issue Purchase Orders and execute all Agreements, amendments to Agreements, assignments of Agreements and related documents concerning the Contract for the procurement of goods, services and construction in accordance with the terms of this By-law. All Agreements must be in a form satisfactory to the City Solicitor. 8 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener b) Where an existing Contract includes extension or renewal options to permit the City to extend the term of the Contract and/or to purchase additional Deliverables under the Contract, the Approval Authority may exercise the option, provided that: i) the Contract was awarded in accordance with this By-law based on the total Procurement Value, including the value of the extension options; and ii) sufficient funding for the financial commitment is available in the appropriate Council approved budget. c) Where any Contract has been authorized under this By-law, the CPO may authorize disbursement of additional funds, under a Contract or by Purchase Order, provided that the additional funds: i) shall not exceed the greater of $120,000 or ten percent (10%) of the original Contract price; ii) are available within the relevant budget; and iii) are required to complete works that are necessary as part of the original scope of the Contract and do not expand the scope of work under the Contract beyond what was expressly contemplated under the original Procurement. d) Extensions or amendments to existing Contracts must not expand scope of the Contract beyond what was contemplated under the terms of the Contract and the original Procurement, or circumvent the need to procure additional Deliverables through a Competitive Process. 13. PROCUREMENT REVIEW COMMITTEE 13.1. The CPO is responsible for establishing a Procurement Review PRC in for the purpose of satisfying the requirements of this Section and providing oversight in other areas of procurement as established in the Procurement Policies and Protocols. 13.2. The PRC will consist of the CPO and two or more persons designated by the Corporate Leadership Team. 13.3. Where irregularities occur or complaints or challenges are made by bidders or suppliers in respect of a procurement process, the CPO will review the matter and may consult with the City Solicitor, where necessary. Where a bidder or supplier is not satisfied with the proposed resolution by the CPO, they may submit a request for review to the CPO and the CPO must refer the matter to the PRC, which will review with the objective of determining the merits of the alleged irregularity or complaint and an appropriate resolution. 13.4. Any decision of the PRC, or in the event the PRC cannot reach agreement on the resolution of a matter referred to it, a report of the findings of the PRC must be prepared and submitted to the CFO for consideration and determination of the matter. A copy of the report shall be provided to the CPO. 14. STANDARD PROCUREMENT 14.1. A standard procurement is the acquisition of goods, services or construction through the -law. Depending on the type and value of the goods, services or construction required, standard procurement processes include: a) placing an order under an existing Standing Offer; b) making a Low Cost Purchases using a corporate purchasing card, or the issuance of a purchase order; c) conducting a Qualified Supplier Roster Competition to solicit bids from suppliers on an existing Qualified Supplier Roster; d) conducting an Invitational Competition by soliciting bids from a minimum of three suppliers; or e) conducting an Open Competition by publicly advertising and posting the solicitation document. 14.2. All standard procurement processes must be approved, conducted and reported in accordance with this By-law and all applicable procedures and protocols. 14.3. The CPO may initiate requests for information for the purposes of gathering information about the marketplace in order to assist in the determination of future purchasing options or requirements. 14.4. The CPO may establish Standing Offers for Deliverables that the City requires on a regular 9 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener or recurring basis. Standing Offers may be established through an Open Competition. The establishment of a Standing Offer does not create a contractual commitment to procure Deliverables from the Supplier. 14.5. Open Competitions may include a two-stage process in which a pre-qualification process is conducted by soliciting and evaluating submissions from all interested Suppliers in order to establish a Qualified Supplier Roster of pre-qualified Suppliers that will be eligible to submit a Bid in response to a second-stage Solicitation Document for specified Deliverables during a specified term. A pre-qualification process may be used whenever determined appropriate by the CPO, in consultation with the Department requesting the procurement. Pre-qualified suppliers must be selected in accordance with the evaluation and selection process set out in the Solicitation Document. The establishment of a Qualified Supplier Roster does not create a contractual commitment to procure Deliverables from any Supplier on the Qualified Supplier Roster. 15. NON-STANDARD PROCUREMENT 15.1. A non-standard procurement is the acquisition of goods, services or construction through a process or method other than the process and method normally required for the type and value of the required Deliverables, as identified and described By-law. Non-standard procurement processes include: a) a Non-Competitive Process, where the Deliverables are acquired directly from a particular supplier without conducting a competitive process when an Invitational Competition or an Open Competition would normally be required; or b) a Limited Competition, where bids are solicited from a limited number of suppliers when an Open Competition would normally be required. 15.2. The use of a non-standard procurement process is only permitted under the specific -law. 15.3. All non-standard procurement processes must be approved and conducted in accordance with this By-law and all applicable procedures and protocols. 16. EMERGENCY PURCHASES 16.1. Notwithstanding any other provisions of this By-law, Deliverables may be purchased on an emergency basis where they are required as a result of an unforeseeable situation or event occurring that is a threat to any of the following: a) public health and/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) the security of the e) time does not permit the use of a standard procurement process due to an event that creates an unforeseen urgency that could not reasonably have been addressed through appropriate advanced planning. 16.2. Where an emergency purchase is required as described above, the CPO has the authority to issue a Purchase Order for the requirements. Any authorized emergency expenditure should be time and cost limited to be proportionate to the emergency and should include clear protocols to terminate the arrangement once that emergency is resolved. 16.3. Subject to the application of the provisions of By-law 2017-138 as amended, updated or replaced from time to time and the City's Emergency Plan, where there is a major Emergency and the City's Emergency Plan is implemented, the CPO or Department Head has the Approval Authority to authorize any required purchases. 16.4. When the Procurement Value of the Emergency purchase exceeds $120,000, the CPO shall provide a report to Council in accordance with Section 27. 17. BIDDER DEBRIEFINGS 17.1. Where the City has conducted a competitive procurement process, unsuccessful bidders may request a debriefing. Debriefings must be conducted in accordance with the Citys Debriefing Protocol. This protocol is available to suppliers and staff on the Citys Intranet and external website 18. PROCUREMENT PROTESTS 18.1. Suppliers may formally protest the outcome of a procurement process. Formal protests must be made by suppliers and responded to by the City in accordance with the Citys Procurement Protest Protocol. This protocol is available to suppliers and staff on the Citys 10 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener Intranet and external website. 19. CONTRACT MANAGEMENT AND SUPPLIER PERFORMANCE 19.1. All contracts must be managed by the respective Department Employees in accordance with this By-law and all applicable procedures and protocols to ensure that both the City and the supplier fulfil the requirements of the contract. Department Employees must involve the Procurement Section and Legal Services in the management of contract disputes, as required by applicable procedures and protocols. 19.2. The respective Department Employee is responsible for monitoring and documenting supplier performance and compliance with procurement contracts in accordance with the Supplier Performance Evaluation Protocol. This protocol is available to suppliers and staff 20. SUPPLIER DISQUALIFICATION 20.1. The City may disqualify suppliers from participating in future procurement opportunities in accordance with the Citys Supplier Suspension Protocol. This protocol is available to suppliers and staff on the Citys Intranet and external website. 20.2 The CPO shall apprise Council, CFO and City Solicitor where any Supplier has been suspended under the City's Supplier Suspension Protocol. 21. RECORDS RETENTION AND ACCESS TO INFORMATION 21.1. All procurement activities must be supported by appropriate documentation and all records relating to a procurement process must be retained in accordance with th Contract -law and any associated records management policies and procedures. 21.2. accordance with applicable p with respect to disclosure and protection of information in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Personal Health Information Protection Act (PHIPA), as amended. 22. UNSOLICITED PROPOSALS 22.1. All 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 contract or purchase by the City, must be directed to the CPO for review and approval for acceptance in accordance with this By-law. 22.2. Any procurement resulting from the receipt of an unsolicited bid must comply with the provisions of this Procurement By-law. 22.3. In the absence of a competitive process, a contract may only be awarded in respect of an unsolicited proposal if a Non-Standard Procurement is permitted in accordance with this By-law and all applicable procedures and protocols. 23. CO-OPERATIVE PURCHASING 23.1. The City may participate in co-operative purchasing initiatives with other government or broader public sector entities where it is in the best interests of the City to do so. 23.2. The co-operative purchasing process may be conducted in accordance with the procurement policies and procedures of the entity that is responsible for co-ordinating and leading the process, provided that those policies and procedures are consistent with the goals and objectives set out in this By-law. 24. ACCE SSIBILTY FOR ONTARIANS WITH DISABILITIES 24.1. 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. 25. GREE N PROCUREMENT 25.1. The 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. 11 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener 25.2. All departments, in conjunction with the Procurement Section, are encouraged to seek additional ways of achieving the goal of being environmentally safe and responsible by ensuring that, wherever possible and document includes specifications that reflect environmentally friendly attributes of the goods and services, as further described in the 26. DISPOSAL OF SURPLUS ASSETS 26.1. The Department Head must submit to the CPO, a written report of all Surplus Assets, including but not limited to, furniture, vehicles, equipment, supplies, and other goods and material, which are deemed by the Department Head to be surplus or which have become obsolete, worn out, or otherwise incapable of use. Real Property may not be deemed to be a Surplus Asset. 26.2. The CPO is authorized to sell, exchange, or otherwise dispose of Surplus Assets . 26.3. The CPO may first offer the Surplus Assets to other Departments. Any Surplus Assets not required by Departments and that are deemed by the CPO as having a residual value may be disposed of by any of the following methods: a) by auction or solicitation; b) by trade-in; c) by donation to a non-profit agency; d) by recycling; or e) in the event that all efforts to dispose of the goods by sale are unsuccessful, by scrapping or destroying if recycling is unavailable. 26.4. No City employees, officers or elected officials, or any member of a City Board will personally obtain any Surplus Assets unless they are obtained through a public process. 26.5. The disposal of Surplus Assets is exempt from the requirements of this By-law. 27. REPORTS TO COUNCIL 27.1. The CPO must submit quarterly procurement information reports to Council to provide the a) The circumstances and details of approved procurements exceeding $120,000 in value, under delegated authority of the CPO; and b) the circumstances and details of any emergency purchase(s) with a procurement value exceeding $120,000. 28. BY-LAW REVIEW 28.1. This Procurement By-law will be reviewed every five (5) years, or such earlier date as the CPO or Council may deem it appropriate to evaluate its effectiveness. 29. SHORT TITLE 29.1. The short title of this By- By- 30. SCHEDULES 30.1. Exempt Procurements forms an integral part of this By-law and is attached hereto. 30.2. Delegated Procurement Authorities forms an integral part of this By-law and is attached hereto. 30.3. Non-Standard Procurements forms an integral part of this By-law and is attached hereto. 30.4. Statement of Ethics for Public Purchasers forms an integral part of this By-law and is attached hereto. 31. REPEAL 32.1 THAT By-law 2017-106 and the contents of Chapter 170 of The City of Kitchener Municipal Code be repealed. 32.2 THAT notwithstanding its repeal, any procurements begun but not yet completed by the effective date of this Chapter shall be completed in accordance with the terms of the previous 12 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener Chapter 170 of The City of Kitchener Municipal Code as if it were still in effect. 32. ENACTMENT 33.1 THAT this By-law shall come into force and effect immediately upon the final passing thereof. th READ a first and second time this 20day of June, 2022. th READ a third time and finally passed this 20day of June, 2022. THE CORPORATION OF THE CITY OF KITCHENER MAYOR _ CITY CLERK 13 By-law 2022-XXX Procurement By-law The Corporation of the City of Kitchener PROCUREMENTS This By-law does not apply to the acquisition of the following goods or services: 1. Goods or services the supply of which is controlled by a statutory monopoly. 2. Work to be performed on property under the provisions of a lease, warranty or guarantee held in respect of the property or the original work; 3. Goods purchased on a commodity market; 4. Procurement between the City and another public body; 5. Acquisitions related to local boards and affiliates; 6. Any form of assistance that the City provides, including co-operative agreements, grants, donations, and loans; 7. Fund raising, naming rights and sponsorship of any kind; 8. Procurement by the City on behalf of a third party, which will be reimbursed in full, or paid for in full by the third party, where the procurement would not be covered by this chapter if it were conducted by the other person itself, unless the City determines that it is in the best interest of the City to procure the goods, services or construction in accordance with the Standard or Non-Standard Procurement processes of this By-law; 9. Development Charge Payments and Developer Credit refund agreements for land development and for park development and reimbursement; 10. Contracts relating to hiring of employees or employee compensation; 11. The following goods and services related to training and education: Conferences, conventions, courses and seminars Newspapers, magazines, books and periodicals Computer software for educational purposes 12. 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 13. The following special services: Temporary staffing agencies and services Recreation program facilitators and/or hosts Honorariums Arbitrators Utility relocates by Public Utility Realty and Lease Arrangements 14. Goods and/or services specifically excluded by Council This By-law does not apply to payment of the Citys general expenses, such as: Refundable employee expenses (meal allowances, travel, miscellaneous) Memberships/Professional Dues Payroll deduction remittances Workplace Safety Insurance Board payments Health benefit payments Tax remittances Debt payments Insurance premiums and Damage claims Legal settlements Arbitration awards Charges to and from other government bodies Refund payments (such as property tax refunds, building permit refunds and refunds for cancelled services, programs or events) Licence fees (regular licence fees for vehicles, elevators, communications, software, etc. required to maintain existing products and systems originally obtained in accordance with the Procurement Bylaw) Utility bill payments (such as water and sewer, hydro, natural gas, telecommunications and cable television) 14 The Corporation of the City of By - law 20 Note 3: CPO Note Note 1: All described methods must be conducted in accordance with applicable procurement procedures and protocols under th circumstances Goods, Services or Construction under the circumstances included inGoods, Services or Construction under the Supplier RosterEstablishGoods, Goods, Goods, existing Qualified Supplier RosterGoods, Services and Construction from specified in Standing Offer CompetitionGoods, any goods, services or constructionLow Cost Purchase Requirement 2 2 - 2 XXX : The need for an executed agreement, in addition to the issuance of a PO, is Services Services Services Services Standing Offer or Qualified - and Constructionand Constructionand Constructionand Construction as - low value procurement Kitchener $$30,001 A$1$$competitive method)accordance with Any valuecompetitive method)accordance with Any valueUp to $ 12630 ny value ValueProcurement 20,00 0,001 or more0,00,00 11 30 1 --- ,000 or more $$1$ (in (in 126 20,000 0,0000,000 Limited CompetitionNonLimited CompetitionNonOpen CompetitionOpen CompetitionInvitational Invitational CompetitionInvitational CompetitionStanding OfferNon ProcessProcurement --- Competitive or Competitive or Competitive Competition DELEGATED PROCUREMENT AUTHORITIES from a limited number of suppliers in place of an Open CompetitionContract awarded directly to a supplier without competition or bids solicited from a limited number of suppliers in place of an Open CompetitionContract awarded directly to a supplier without competition or bids solicited Solicitation document publicly posted by the Procurement SectionSolicitation document publicly posted by the Procurement Section.Procurement SectionSolicitation document issued to a minimum of 3 suppliers by the Solicitation document issued to a minimum of 3 suppliersSolicitation document issued to suppliersorderPurchase made through corporate orderPurchase made through corporate purchasing Method (Note 1) , or other. 14 P rocurement purchasing card or issuance of purchase P rocedures and on the Qualified Supplier Roster card or issuance of purchase Procedures and Protocols P rotocols. . Contractthe Award of a Authority to DH or designateDH or designate COUNCIL CPOCPOCPOCPOCPOCPO Approve Procurement Bylaw Purchase Order (Note 2Agreement Authority to Execute CPO CPOCPOCPOCPOCPOCPOCPOCPO and/ (Note 3) or Issue a ) By-law 2022-XXX The Corporation of the City of Kitchener Procurement Bylaw SCHEDULE NON-STANDARD PROCUREMENTS Goods, services and construction may only be acquired through a non-standard procurement process under the following circumstances: 1. Where a standard procurement process conducted in accordance with this By-law and applicable procedures and protocols has not resulted in the receipt of any bids. 2. Where only one supplier is able to meet the requirements of a procurement in order to: a) ensure compatibility with existing products; or b) recognize exclusive rights, such as exclusive licenses, copyright and patent rights; or c) maintain specialized products that must be maintained by the manufacturer or its representative. 3. Where there is an absence of competition for technical reasons and the goods or services can only be supplied by one particular supplier and no alternative or substitute exists. 4. The procurement is for additional deliverables by the original supplier of the goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: a) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement; and b) would cause significant inconvenience or substantial duplication of costs for the City. 5. For the procurement of services in the fields of financial services, health services, social services, legal services; and for the services of expert witnesses or factual witnesses used in court or legal proceedings; 6. For the procurement of goods or services relating to matters of a confidential or privileged nature where the disclosure of those matters through an open competition could reasonably be expected to compromise government confidentiality and/or security, cause economic disruption or otherwise be contrary to the public interest; 7. For the procurement of goods or services or construction from a public body or a non-profit organization. 8. For the procurement of goods under exceptionally advantageous circumstances such as bankruptcy or receivership, but not for routine purchases. 9. Unforeseeable events have resulted in a situation where extreme urgency exists and the goods or services could not be obtained in time through Standard Procurement. 10. For the procurement of a prototype of a first good or service to be developed in the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases. 11. For the procurement of goods, services and construction 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 and protocols. 12. For the procurement of goods or services under the provisions of a warranty or guarantee held in respect of the original work; 13. A contract to be awarded to the winner of a design contest and the contest was organized in a fair and transparent manner and was advertised by publicly posted notice and participants were judged by an independent jury; 14. The procurement of a particular brand of goods or services that are intended solely for resale to the public and no other brand meets the City's program objectives nor is the brand available from any other source; 15. Another organization is funding the procurement and the City has determined that the supplier and the terms and conditions of the proposed contract are beneficial to the City; 16. The procurement is otherwise exempt from Open Competition requirements under all applicable trade agreements and it is in the best interests of the City to proceed with a non-standard procurement. 15 By-law 2022-XXX Procurement Bylaw The Corporation of the City of Kitchener SCHEDULE D STATEMENT OF ETHICS FOR PROCUREMENT Goal: To ensure ethical, professional and accountable procurement. All employees authorized to purchase Goods, Services and/or Construction on behalf of the City must adhere to the following principles. a) Open and Honest Dealings with Everyone who is Involved in the Purchasing Process. Procurement activities must be open and accountable. This includes all businesses with which this City contracts or from which it purchases Goods, Services and/or Construction, as well as all members of our staff and of the public who utilize the services of the Procurement Section. b) Fair and Impartial Award Recommendations for All Contracts and Tenders. Contracting and purchasing activities must be fair, transparent and conducted with a view to obtaining the best value for public money. This means that City Staff do not extend preferential treatment to any vendor, including local companies. Not only is it against the law, it is not good business practice, since it limits fair and open competition for all vendors and is therefore a detriment to obtaining the best possible value for each tax dollar. c) An Irreproachable Standard of Personal Integrity on the Part of All Those Designated as Purchasing Representatives for This City. Individuals involved with procurement activities must act, and be seen to act, with integrity and professionalism. Honesty, care and due diligence must be integral to all procurement activities within and between the organization, suppliers and other stakeholders. Respect must be demonstrated for each other and for the environment. Confidential information must be safeguarded. Participants must not engage in any activity that may create, or appear to create, a conflict of interest, such as accepting gifts or favours, providing preferential treatment, or publicly endorsing suppliers or products. d) Cooperation with Other Public Agencies in Order to Obtain the Best Possible Value for Every Tax Dollar. This City is a member of a cooperative purchasing group made up of several public agencies, this group pools its expertise and resources in order to practice good value analysis and to purchase Goods, Services and/or Construction in volume and save tax dollars. 16