|THE REGIONAL MUNICIPALITY OF PEEL|
|BY-LAW NUMBER 37-2007|
A by-law to govern the purchase and disposal of goods and services and to repeal By-laws 62-2001, 86-2003 and 131-2004.
WHEREAS Section 455(3) of the Municipal Act, 2001, S.O. 2001, Chapter 25 continues the inhabitants of the Regional Area as a body corporate (the "Region");
AND WHEREAS Section 27 of the Interpretation Act, R.S.O., 1990, c. I.11 provides that in any Act, unless the contrary intention appears, words making a number of persons a body corporate vests in the corporation the power to acquire and hold personal property for the purpose for which the corporation is constituted and to alienate the same at pleasure;
AND WHEREAS under subsection 4(3) of the Police Services Act, R.S.O. 1990, c. P.15, the Region is responsible for providing all the infrastructure and administration necessary for providing adequate and effective police services;
AND WHEREAS Section 271 of the Municipal Act 2001, S.O. 2001, c.25, as amended, requires a municipality to adopt policies with respect to its procurement of purchasing services;
AND WHEREAS this by-law establishes the authority and sets out the policies and methods by which goods and services will be purchased and disposed of for the purposes of the Region and for police purposes subject to certain exceptions set out herein;
AND WHEREAS the Council of the Region has by resolution adopted on May 10, 2007, authorized the enactment of this by-law and the repeal of by-laws 62-2001, 86-2003 and 131-2004, formerly governing the subject matter of this by-law;
NOW THEREFORE the Council of the Region enacts as follows:
Part I - Purchasing Objectives
In the interpretation and application of this by-law, regard shall be had to the following objectives:
|1.1||To promote the most effective use of funds allocated by Regional Council for the purchase of goods and services by achieving the optimum quality, quantity, price, delivery, performance, guarantees, sureties and all other material terms and conditions as may be applicable in the circumstances;|
To promote the methods of acquisition and disposal which achieve the most competitive and responsive offers, terms and conditions from the most responsible Vendors shall be used wherever possible;
|1.3||To authorize purchasing decisions to be made as efficiently as possible through the delegation of authority and empowerment of staff while at all times having regard for the other objectives of this by-law;|
|1.4||To operate a purchasing program including disposal and the provision of advice and services, which facilitates and promotes the most efficient and effective procurement processes and decisions;|
To clearly establish that the accountability and authority for the administration of the purchasing program rests with the Manager of Purchasing and that the decision to purchase goods and services rests with those responsible for the programs requiring the goods and services;
|1.6||To facilitate financial controls, which meet the requirements of the Region to ensure that those responsible for requisitioning and purchasing goods and services are held accountable for their decisions;|
|1.7||To promote procurement processes and decisions which are consistent with the strategic objectives established for the Region and for the Police Service from time to time;|
|1.8||To promote procurement practices that preserve the natural environment and encourage the use of environmentally friendly goods and services;|
|1.9||To promote practices that have regard to the accessibility for persons with disabilities in deciding to purchase goods and services through the procurement process;|
To support effective, objective, fair, open, transparent, accountable, and efficient procurement processes through its Bid Solicitation process; and
|1.11||To maintain the highest standards of integrity with respect to the purchase of goods and services and the managing of the processes by which goods and services are acquired.|
Part II - Definitions
The words and phrases listed hereunder when used in this by-law and the schedules hereto shall have the following meanings ascribed to them:
"Award" means authorization to proceed with the purchase of goods and services from a chosen Vendor.
"Bid" means an offer or submission from a Vendor in response to a Bid Solicitation which is subject to acceptance or rejection by the Region.
"Bid Solicitation" means a formal request for Bids including a Request for Quotation, Request for Tender or Request for Proposal.
|2.1.4||"Blanket Purchase Contract" means any contract for the purchase of goods and services which will be required frequently or repetitively but where the exact quantity of goods and services required may not be precisely known or the time period during which the goods and services are to be delivered may not be precisely determined but having a maximum limit on both the total price or value of all goods and services and the time period during which all goods and services are to be supplied under such contract.|
"Board" means The Regional Municipality of Peel Police Services Board.
"Chief Administrative Officer" means the employee designated as such by the Regional Council and any person who has been authorized to temporarily act as Chief Administrative Officer during absence or vacancy in the office.
"Chief of Police" means the Chief of the Peel Regional Police or upon the authorization of the Chief of Police, the Chief Administrative Officer - Policing, of the Peel Regional Police acting with the delegated authority of the Chief of Police.
"Delivered confidentially" means delivered under circumstances where:
|188.8.131.52||All or part of the goods and services relate to any matter of such kind as may be considered by Regional Council, or in the case of purchases of goods and services required for police purposes, by the Board, in the absence of the public; or|
The goods and services include the creation of records, the disclosure of which could be denied upon receipt of a request under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56.
"Department Head" includes the Chief Administrative Officer and any officer or employee of the Region who is designated as a Commissioner or Department Head, or in the case of purchase or disposal of goods or services required for police purposes, includes the Executive Director of the Police Services Board acting solely with respect to Board purchasing matters, the Chief of Police, Deputy Chiefs of Police and the Chief Administrative Officer - Policing; or any person who has been authorized to temporarily act as any of the above.
"Direct Negotiation" means a non-competitive purchasing method and refers to the negotiation of an agreement for the purchase of goods and services where there is no open competition among or between Vendors, or where any other condition under 5.2 of this by-law applies.
|2.1.11||"Direct Purchase" means a non-competitive purchasing method and refers to the direct order and purchase of goods and services from a Vendor valued at $5000 or less, exclusive of taxes.|
|2.1.12||"Dispose" means the sale, exchange, transfer or gift of goods owned by the Region which are surplus to its needs and "disposal" and "disposed" shall have similar meanings.|
|2.1.13||"Goods" includes any tangible or intangible personal property and all legal or equitable rights or interest in or to the same, and includes all materials, equipment, fixtures and structures to be delivered, installed or constructed at or upon any real or leasehold property but does not include any lease, right or permission relating to the use or occupation of real property notwithstanding that such lease, right or permission may be classified in law as personal property.|
"Goods and services" includes either goods alone or services alone or any combination thereof.
|2.1.15||"Goods or services required for police purposes" means goods and services required to discharge the responsibility of the Region for providing all the infrastructure and administration necessary for providing adequate and effective police services and includes goods or services which are to be supplied to the Board.|
"GST" means the tax imposed under the Excise Tax Act, R.S., C. E-13, s. 1 of Canada known as Goods and Services Tax or any other tax imposed by the Government of Canada applicable to the sale or supply of goods and services.
|2.1.17||"Irregular Result" means the occurrence or likely occurrence in connection with any method of purchase where competitive bids or proposals are submitted, of any of the following:|
Two or more identical responsive low bids or proposals have been received;
|184.108.40.206||The lowest responsive bid or proposal exceeds the estimated cost or budget allocation;|
All bids or proposals received are not responsive; or
For any reason the award of the contract to or the purchase from the lowest responsive bidder or proponent is procedurally inappropriate or not in the best interests of the Region or of the police service as the case may be.
"Manager of Purchasing" means an employee designated as such by the Region who is responsible for Purchasing and any employee who has been authorized to temporarily act as Manager of Purchasing provided that in any case where the Manager of Purchasing is unable, unwilling or is prevented from exercising any authority or discretion under this by-law, then any of the Manager of Purchasing's superiors shall be deemed to be the Manager of Purchasing for the purpose of exercising such authority or discretion.
"Police Service" means the Regional Municipality of Peel Police Service.
|2.1.20||"Prescribed" means prescribed by a purchasing procedure.|
|2.1.21||"Price or value" means in relation to any quantity or amount of goods and services the purchase price if known or the total estimated cost to purchase the particular goods and services at the relevant time, exclusive of GST, PST and delivery charges and in relation to goods and services purchased by way of rental agreement or lease, shall mean the lesser of:|
An amount which would otherwise be the purchase price exclusive of GST, PST and delivery charges, if the goods and services were acquired other than by rental agreement or lease; and
|220.127.116.11||An amount equal to the total of all rental or lease costs for the term of the rental agreement or lease.|
|2.1.22||"PST" means Provincial Sales Tax imposed by the Province of Ontario or any other tax imposed by the Province of Ontario applicable to the sale or supply of goods and services.|
"Purchase" includes the acquisition of any legal or equitable interest, right or title in goods and services or the making of any contract or offer for goods and services and includes the lease of goods and services; and "purchased" and "purchasing" shall have similar meanings.
|2.1.24||"Purchasing" means the purchasing function of the Region including the Manager of Purchasing and those employees who report either directly or indirectly to the Manager of Purchasing.|
|2.1.25||"Purchase Order" means a document used to acquire goods and services.|
|2.1.26||"Purchasing procedures" means purchasing procedures established by the Manager of Purchasing under Part III of this by-law.|
"Region" means The Regional Municipality of Peel.
|2.1.28||"Regional Council" means the Council of The Regional Municipality of Peel.|
|2.1.29||"Request for Expression of Interest" means a request by the Region seeking responses from potential Vendors for the purpose of determining the interest of the marketplace in providing goods or services contemplated to be procured by the Region.|
"Request for Information" means a request by the Region seeking responses from potential Vendors for the purpose of gathering information from the marketplace to provide a scope of work or services contemplated to be procured by the Region.
"Request for Prequalification" means a request by the Region preceding a Request for Proposal, Request for Quotation or a Request for Tender seeking submissions from potential Vendors where it is deemed that the nature and complexity of the work involved warrants the time and effort required to pre-select the most experienced and qualified Vendors.
"Informal Request for Quotation" means a request by the Region seeking submissions from potential Vendors to obtain goods and services under $25,000 to obtain low dollar value of goods and services expeditiously and cost effectively. The informal process may be used by authorized employees of Purchasing or delegated employees in accordance with 4.2 of this by-law.
"Request for Quotation" means a request by the Region seeking submissions from potential Vendors to obtain goods and services with a value not exceeding $100,000, excluding taxes, whenever the requirements can be precisely defined and the expectation is that the lowest Bid meeting the requirements specified in the Request for Quotation, would be accepted, subject to any other provisions of the contract documents and this by-law.
"Request for Proposal" means a request by the Region seeking submissions from potential Vendors to obtain goods and services of a unique or complex nature where all or part of the requirements cannot be precisely defined and the expectation is that the proposal offered by the highest ranked proponent resulting from an evaluation and meeting the requirements specified in the Request for Proposal, would be accepted, subject to any other provisions of the contract documents and this by-law.
"Request for Tender" means a request by the Region seeking submissions from potential Vendors to obtain goods and services with a value greater than $100,000, excluding taxes, whenever the requirements can be precisely defined and the expectation is that the lowest Bid meeting the requirements specified in the Request for Tender, would be accepted, subject to any other provisions of the contract documents and this by-law.
"Requisition" includes both any document, whether electronic or printed, prescribed for use in initiating the purchase of required goods and services and the activity of initiating the purchase of required goods and services; and "requisitioning" and "requisitioned" shall have similar meanings.
|2.1.37||"Responsive" means, in relation to a submission or the person making a submission in response to a particular method of purchase being used under this by-law, that the submission or person as the case may be, complies or has complied in all material respects with the requirements of the particular method of purchase as reflected in the documents issued for that purpose and is not liable to disqualification for failure to comply.|
"Services" includes all professional and consulting services, all services in relation to real property or personal property including without limiting the foregoing the delivery, installation, construction, maintenance, repair, restoration, demolition or removal of personal property and real property and all other services of any nature and kind save and except only services to be delivered by an officer or employee of the Region or a member or employee of the Police Service in accordance with terms of employment.
"Treasurer" means Treasurer and Commissioner of Finance for the Region.
|2.1.40||"Vendor" means an individual or organization offering goods and services including but not limited to contractors, consultants, suppliers and service organizations.|
In discharging his responsibilities and exercising his authorities under this by-law, the Manager of Purchasing shall:
Be accountable and report to the Chief Administrative Officer and the Treasurer, or in the case of the purchase or disposal or goods or services required for police purposes, to the Chief of Police;
|2.2.2||Be subject to the direction, consistent with the requirements of this by-law, of Department Heads, concerning the need for specifications of goods and services to be purchased; and|
|2.2.3||Adhere to policies communicated by the Chief Administrative Officer and the Treasurer, or in the case of purchases of goods and services required for police purposes, policies of the Board communicated by the Chief, provided always that such policies are consistent with the provisions of this by-law.|
|2.3||Before communicating or adopting a policy under 2.2.3 the Treasurer, the Chief Administrative Officer, or the Board as the case may be shall afford the Manager of Purchasing an opportunity upon reasonable notice to be heard concerning the proposed policy.|
Part III - Application
|3.1||All goods and services required for the purposes of the Region or required for police purposes, save and except only those goods and services set out in Schedule "A" to this by-law, which may contain conditions to which the exceptions set out in Schedule "A" are subject, shall be purchased and disposed of in accordance with the provisions of this by-law unless:|
Regional Council, or in the case of goods and services required for police purposes, the Board by resolution directs that any particular purchase or disposal of goods and services shall be carried out in some other manner; or
|3.1.2||Any applicable law of the Province of Ontario or of Canada requires that the purchase or disposal be carried out in some other manner.|
A resolution adopted under 3.1.1:
Shall be a matter of public record;
|3.2.2||Shall state that the Regional Council or the Board as the case may be is satisfied that it is necessary in the public interest that the purchase or disposal be carried out otherwise than in accordance with the provisions of this by-law and give the reason or reasons for so concluding; and|
|3.2.3||Need not identify the nature of the goods or services to be purchased or disposed of.|
|3.3||Before adopting a resolution under 3.1.1 the Regional Council or the Board as the case may be shall afford the Manager of Purchasing an opportunity upon reasonable notice to be heard concerning the proposed resolution.|
Where the circumstances mentioned in subsection 3.1.1 or 3.1.2 occur, the purchase or disposal of those goods and services shall be carried out in accordance with the resolution or the applicable law as the case may be to the extent required and the provisions of this by-law shall in all other respects continue to apply to such purchase or disposal with all necessary modifications.
|3.5||The Manager of Purchasing may establish purchasing procedures consistent with this by-law and the objectives set out in Part I relating to:|
The form, content and use of forms, whether electronic or printed including Requisitions, Purchase Orders, bonds, letters of credit and other forms of guarantee or surety, the Bid Solicitation, and other contract documents;
The identification of those goods and services, which, notwithstanding their individual price or value and having regard to the frequency of purchase and nature of those goods and services, are more effectively acquired or disposed of by a method applicable to goods and services of a higher price or value or through co-operative purchasing;
|3.5.3||Implementation of financial controls meeting the audit requirements of the Region to ensure that those responsible for requisitioning and purchasing goods and services are held accountable for their decisions;|
Methods of acquisition or disposal which will more effectively achieve the objectives of this by-law where alternative methods are permitted hereunder and the process to be followed in the issuing of Bid Solicitations, receipt and evaluation of Bids and the process to be followed in relation thereto; and
|3.5.5||Any other aspect of process or procedure not specifically provided for in this by-law.|
|3.6||Notwithstanding 3.1 of this by-law, those goods and services set out in Schedule A may be purchased under the authority of this by-law without adhering to the other requirements of this by-law, and the Manager of Purchasing is authorized to issue a Purchase Order for those goods and services. The Manager of Purchasing may request that the purchase of any particular goods and services adheres to the provisions of this by-law where reasonable and appropriate to do so, and in the best interest of the Region.|
Part IV - Purchasing Responsibilities and Purchase Contracts
Unless otherwise provided in accordance with this by-law, the Manager of Purchasing and the authorized employees of Purchasing shall act as agents for the Region, for the purchase of all goods and services and shall be responsible for providing all necessary advice and services required for such purchases in accordance with a method of purchase authorized under this by-law.
|4.2||The Manager of Purchasing, with the approval of the Department Head responsible for the employees concerned may delegate to an employee or employees who are not employed with Purchasing or to a member or employee of the Police Service, all or part of the authority to act as agent for the purchase of goods and services having a price or value up to a designated amount not to exceed $25,000 and the authority may be limited to a particular class of goods and services and upon such other terms and conditions as may be appropriate.|
|4.3||No purchase of goods and services shall be authorized unless:|
|4.3.1||The authorization is sought in compliance with this by-law and any applicable purchasing procedures;|
A method of purchase permitted under this by-law has been used;
The form and content of all documents forming part of the purchase contract including the Bid Solicitation, Purchase Order, form of agreement, contract or other terms and conditions have been reviewed by Purchasing or an agent to whom authority has been delegated under 4.2 and an appropriate person in the department responsible for requisitioning the goods and services; and
The purchase has been approved by the appropriate authority under Part V.
Where in the opinion of the Manager of Purchasing circumstances give rise to an issue of adherence or non-adherence to the requirements of this by-law which cannot be resolved to his or her satisfaction, he or she shall report on such circumstances to the Regional Council and where such circumstances involve a purchase of goods or services required for police purposes, to the Police Services Board.
In the case of purchases of goods or services having a value of less than $5,000 the requirements of this by-law as to the method of purchase do not apply provided that such purchase is undertaken:
In compliance with any applicable purchasing procedures established under 3.5; and
In a manner, which in the judgement of the Manager of Purchasing or of the employees authorized to make such purchase, best achieves the objectives of this by-law.
A record shall be prepared for and reviewed by the person who may authorize the purchase under Part V which may be in the form of a report setting out in sufficient detail the circumstances regarding compliance with 4.3.1 to 4.3.4 inclusive and any other matter or thing which the person or body authorizing the purchase ought to take into consideration before authorizing the purchase.
|4.7||Where any goods and services are to be delivered confidentially, whether or not they are purchased using Direct Negotiation, the Chief Administrative Officer, or in the case of a purchase of goods or services required for police purposes the Chief of Police or any employee designated by them respectively, may act as agent and provide the necessary advice and services which would otherwise be provided by Purchasing under 4.1 and shall make the record required under 4.6. All such acquisitions shall be reported annually and confidentially by the Chief Administrative Officer to the Regional Council or in the case of purchases of goods and services required for police purposes by the Chief of Police, to the Board.|
|4.8||The Manager of Purchasing may, and is encouraged, to enter into arrangements with area municipalities, local boards and other public bodies or authorities for the purchase of goods and services on a co-operative or joint basis where there are economic advantages in doing so; provided that, under any such approved arrangement:|
|4.8.1||The method of purchase used is a competitive method being the same or similar to a Request for Quotations, Request for Tender, or Request for Proposals; and|
Adequate arrangements for the provision of necessary advice and services in accordance with the method of acquisition have been made; and
A record, similar to the record required under 4.6, will be provided prior to the authorization of the purchase.
Where the purchase of goods and services has been authorized in accordance with this by-law all documents forming part of the purchase contract including any Purchase Order, form of agreement or contract or other terms and conditions shall be executed by the signing officers duly authorized in that regard provided that where a Purchase Order in the prescribed form is to be issued to the Vendor indicating the acceptance or awarding of the contract or as part of the documentation forming the contract of purchase, the Purchase Order may be executed by:
The Manager of Purchasing;
An employee in Purchasing authorized by the Manager of Purchasing; or
Any person authorized to do so under an approved delegation of authority pursuant to 4.2.
Part V - Purchasing Authorities and Purchasing Methods
Unless otherwise provided in accordance with this by-law, the purchase of all goods and services shall be authorized in accordance with the provisions of Schedule "B" to this by-law. Any person procuring goods and services on behalf of the Region shall do so using a Request for Expression of Interest, Request for Information, Request for Prequalification, Request for Proposal, Request for Quotation (including Request for Informal Quotation) or Request for Tender purchasing method. The methods may be utilized individually or in combination with one another as may be appropriate in the circumstances.
|5.2||Unless otherwise provided in accordance with this by-law, goods and services may be purchased using the Direct Negotiation method only if one or more the following conditions apply:|
|5.2.1||The required goods and services are reasonably available from only one source by reason of the scarcity of supply in the market or the existence of exclusive rights held by any Vendor or the need for compatibility with goods and services previously acquired and there are no reasonable alternatives or substitutes;|
|5.2.2||The required goods and services will be additional to similar goods and services being supplied under an existing contract (including contract extension or renewal);|
|5.2.3||An attempt to purchase the required goods and services has been made in good faith using a method other than Direct Negotiation under 5.1 which has failed to identify a successful Vendor and it is not reasonable or desirable that a further attempt to purchase the goods and services be made using a method other than Direct Negotiation;|
|5.2.4||The goods and services are required as a result of an emergency, which would not reasonably permit the use of a method other than Direct Negotiation;|
The required goods and services are to be supplied by a particular Vendor having special knowledge, skills, expertise or experience;
The required goods and services are to be delivered confidentially; or
The goods and services have a value of less than $5,000.
|5.3||Goods and services may be purchased under a Blanket Purchase Contract, which shall be entered into in accordance with the provisions of this by-law applicable to the purchase of goods and services having a price or value equal to the total estimated cost of all the goods and services to be supplied under the Blanket Purchase Contract.|
Where goods and services of a similar type are to be supplied on a repetitive basis from one or more Vendors either over a period of time in a calendar year or over the course of a season, those goods and services shall be purchased in accordance with the provisions of this by-law applicable to goods and services having a price or value equal to the total estimated cost of all such similar goods and services to be supplied in the whole calendar year or during the course of the entire season as the case may be.
Where goods and services have been purchased from a Vendor under this by-law pursuant to an agreement, contract or Purchase Order of any kind (hereinafter called the "original purchase contract"), no additional, similar or related goods and services shall be purchased from the same Vendor by direct purchase or direct negotiation, whether as a contract extension, contract renewal or separate purchase, unless:
The cumulative total price or value of the additional goods and services and all previously purchased additional goods and services, if any, does not exceed 20% of the total price or value of all goods and services supplied or to be supplied under the original purchase contract; or
New purchasing authority is obtained in accordance with this by-law.
|5.6||Notwithstanding anything in this by-law, where any goods are available from a departmental inventory or under a Blanket Purchase Contract which are the same as or are a reasonable substitute for any required goods, the goods from the inventory or under the Blanket Purchase Contract shall be used unless the purchase of the goods from another source is approved by the Manager of Purchasing.|
Part VI - Disposal of Property
On an annual basis or at such time as may be prescribed, all goods of the Region, which have become surplus to its needs or the needs of the Police Service and are to be disposed of shall be listed with reasonable particularity and such lists shall be provided to Purchasing.
Subject to 6.6 and any methods of disposal prescribed, surplus goods having an individual estimated value of $25,000 or less shall be sold, exchanged or otherwise disposed of by the Manager of Purchasing or an authorized employee in Purchasing using such methods of disposal and on such terms as are likely to achieve the highest net revenue or benefit or the reduction or avoidance of net cost from the disposition.
|6.3||The disposal of goods having an estimated individual value exceeding $25,000 or the disposal of which would include the making of a grant or donation by disposing of goods at less than market value (other than by auction) shall be approved by Regional Council.|
Purchasing shall ensure that before any goods are disposed of, all Regional departments and the Chief of Police have been advised of availability of the goods and have been given an opportunity to acquire the same. Opportunity to purchase surplus goods may be given to other public agencies in such manner as may be prescribed by purchasing procedures.
A report shall be submitted annually to Regional Council or a Committee thereof summarizing the particulars of the disposition of all surplus goods pursuant to this by-law.
The Manager of Purchasing, with the approval of the Department Head responsible for the employees concerned, or in the case of the Police Service, the Chief of Police, may delegate to an employee or employees not in Purchasing, all or part of the responsibility and authority for the disposal of goods under 6.2 and the preparation of the report on the disposition of those goods required under 6.5 on such terms and conditions as may be appropriate including but not limited to:
|6.6.1||The use of any forms or methods of disposal prescribed under this by-law;|
The keeping of records and timely provision of records and information to Purchasing; and
Setting a maximum limit for the individual estimated value of goods to be disposed of under such delegation at any amount less than $25,000.
Part VII - Prohibitions and Compliance
|7.1||All persons involved in the acquisition of goods and services provided for in this by-law, shall act in a manner consistent with the requirements and objectives of this by-law.|
No purchase of goods and services or disposal of surplus goods or any arrangements with respect to the purchase or disposal of goods and services shall be made where quantity or delivery is divided or in any other manner arranged so that the price or value of goods and services to be acquired or the individual estimated value of goods to be disposed is artificially reduced. Without limiting the foregoing, where goods and services of the same kind or type are required in connection with one project, all of those goods and services shall be included in determining the price or value for the purposes of this by-law.
No goods and services shall be requisitioned under this by-law by any person unless:
|7.3.1||The goods and services are legitimately required for the purposes of the Region, or for police purposes, or for any other local board or other agency on whose behalf the purchase is being undertaken; and|
|7.3.2||To the best of that person's knowledge and belief, the funds for the purchase of the goods and services are available within an approved budget or the Requisition is expressly made subject to funding approval and, to the extent that they may be required, funds are available from any other local board, municipality or other agency on whose behalf the purchase of goods and services is also being made.|
No goods and services shall be purchased from an employee of the Region or of the Police Service or from any member of the Police Service or any spouse (including common law spouse), parent, grandparent, sibling, child, grandchild, niece, nephew, uncle or aunt of an employee or member, other than those services normally required under terms of employment where that person is an employee of the Region or of the Police Service unless, in addition to compliance with all other provisions of this by-law, the purchase has been approved by the Chief Administrative Officer or in the case of an employee of the Police Service, by the Chief of Police.
|7.5||No employee of the Region or of the Police Service, member of the Police Service or any spouse (including common law spouse), parent, grandparent, sibling, child, grandchild, niece, nephew, uncle or aunt of an employee or member shall be permitted to purchase any surplus goods to be disposed of except by successfully bidding on the same at a public auction but in no case if the duties of that officer or employee include making decisions regarding the disposal of such goods or activities relating to the conduct of the auction.|
|7.6||Employees of the Region or of the Police Service and members of the Police Service shall not knowingly cause or permit anything to be done or communicated to anyone which is likely to cause any potential Vendor or contractor to have an unfair advantage or disadvantage in obtaining a contract for the supply of goods and services to the Region or to the Police Service, or any other municipality, local board or public body involved in the purchase of goods and services either jointly or in co-operation with the Region.|
No employee of the Region or of the Police Service or member of the Police Service shall knowingly cause or permit anything to be done which will jeopardize the legal validity or fairness of any purchase of goods and services under this by-law or which is likely to subject the Region or the Police Service, to any claim, demand, action or proceeding as a result of such act or omission.
Part VIII - General
Section 271 of the Municipal Act 2001, S.O. 2001, c.25, as amended, requires a municipality to adopt policies with respect to its procurement of purchasing services. The policy requirements are addressed throughout this by-law and as follows:
|8.1.1||Unsolicited Offers - In the event that the Region wishes to receive an unsolicited formal offer, the acceptance of such offer can only be done with Regional Council approval. A report to Regional Council shall include comments from the Manager of Purchasing.|
|8.1.2||Official Point of Contact - An official point of contact shall be named in all Bid Solicitations, to respond to all communications in respect of the Bid Solicitation from the time of issuance, during the competitive process, and up to and including the announcement of award. The official point of contact shall be the Manager of Purchasing or designate.|
Communications for the purposes of 8.1.2 are communications between the Vendor community and the employees or councillors of the Region as they relate to the particular Bid Solicitation.
|18.104.22.168||A Bid Solicitation may provide for the disqualification of any Vendor for failure to limit communications to the official point of contact.|
|Public Openings - Any Request for Tender or Request for Proposal that is publicly advertised shall be opened in public at the time and place stated in the Bid Solicitation. No other bids need to be opened in public.|
|8.1.4||Tender/Proposal Irregularities - The Manager of Purchasing shall exercise judgement in determining responsive Bids and consult with the Region's Legal Services in doing so. Where an Irregularity occurs the Manager of Purchasing shall respond as follows:|
|22.214.171.124||Late submission - Automatic rejection and not read publicly.|
|126.96.36.199||Insufficient Financial Security or uncertified cheques - Automatic rejection.|
|188.8.131.52||Incomplete submission or submission not signed in ink - Automatic rejection unless, in the opinion of the Manager of Purchasing, the incomplete nature is deemed to be minor.|
|184.108.40.206||Qualified submission (qualified or restricted by an attached statement, unless allowed for) - Automatic rejection unless, in the opinion of the Manager of Purchasing, the qualification or restriction is deemed to be minor.|
|220.127.116.11||Submission received on documents other than those provided by the Region - Automatic rejection unless, in the opinion of the Manager of Purchasing, the matter is deemed to be minor.|
|18.104.22.168||Minor Irregularities - The Manager of Purchasing shall have the authority to waive irregularities deemed to be minor.|
Mathematical errors - Terms and conditions for unit price contracts shall include a statement indicating that where there is a discrepancy between the total price and the unit price, the unit price shall prevail. During the evaluation process, where any discrepancy exists between the total price and the unit price, the unit price shall prevail and the total bid price shall be adjusted accordingly.
|8.1.6||Tied Bids - In the event of a tied Bid, resulting from a Request for Quotations, a Request for Tenders or a Request for Proposals the result will be deemed to be an Irregular Result and the award shall be reported in accordance with the requirements of this by-law. In order to minimize the risk of tied Bids, relevant Bid Solicitations shall include terms and conditions that promote the best overall value to the Region and allow for Bids to be evaluated accordingly. This includes but is not limited to such considerations as price (including discounts and prompt payment terms), quality, delivery (including response time), service, and past performance of the Vendor.|
|8.1.7||Evaluation of Proposals - All Bid Solicitations shall include clear specifications and evaluation criteria, and terms and conditions that can be applied in a fair and consistent manner to all Bids. An evaluation committee shall be established for all Requests for Proposals. The size of the evaluation committee shall be reflective of the complexity and dollar value of the Request for Proposal. Committee members must have the relevant experience to evaluate Bids.|
|8.1.8||Vendor Debriefings - All requests for a formal or informal Vendor debriefing to obtain feedback on why a Bid was not successful must be received by the Region in writing and directed to the Manager of Purchasing. A request for a Vendor debriefing will not alter an Award decision.|
Vendor Complaints - All Vendor complaints, whether addressed to councillors or employees shall be referred to the Manager of Purchasing for resolution. Objections to a recommendation for Award must be in writing. The Manager of Purchasing shall review the objection and determine, in consultation with the Region's Legal Services where necessary, whether the objection is material. Where the objection is determined not to be material, the making of the Award shall proceed in accordance with this by-law. Where the objection is determined to be material and cannot be resolved, the Award shall be made by Regional Council. In such case, the Manager of Purchasing and the Department Head on whose behalf the Bid Solicitation was issued and the Regional Solicitor shall report to Regional Council with respect to the recommendations for Award. The Manager of Purchasing shall inform the Vendor of his/her right to make a deputation shall advise the Vendor to contact the Regional Clerk's Office for further information on the deputation process.
|8.1.10||Vendor Performance - The Region may maintain records relating to Vendor performance or non-performance and may use such records; in any subsequent evaluation process and criteria involving the Vendor, where it can be demonstrated that such records are part of the evaluation process and criteria; or to justify a subsequent Award to a Vendor other than the lowest Bidder, provided that the use of such records is provided for in the evaluation process and criteria and in any Bid Solicitation; or to ensure contract compliance.|
|8.1.11||In-House Bids - In-house bids will be encouraged in accordance with the Region's approved Managed Competition process.|
|8.1.12||Environmental Purchasing - In accordance with 1.8 reasonable efforts shall be used to review and amend all specifications wherever possible with regard to the preservation of the natural environment.|
|8.1.13||Ethics - In administering this by-law the Manager of Purchasing shall have regard to the code of purchasing ethics established by the National Institute of Governmental Purchasing and the Purchasing Management Association of Canada. The Manager shall ensure such codes are communicated to employees involved in the procurement process, particularly those with delegated authority.|
|8.1.14||Review of Purchasing By-law, Policies and Procedures - The Manager of Purchasing shall undertake a comprehensive review of this by-law every five (5) years and report to Regional Council accordingly. The Manager of Purchasing shall review and publish purchasing procedures on an ongoing basis.|
|8.2||Despite any other provision of this by-law, with respect to the purchase of goods and services required for police purposes which are to be supplied to the Board or with respect to the administration of such purchases, references to the Chief of Police shall be read instead as references to the Board's Executive Director, and the Executive Director and not the Chief of Police shall exercise all such authorities in relation to such purchases.|
|8.3||By-laws 62-2001, 86-2003 and 131-2004 of the Region are hereby repealed provided that any purchase commenced by Requisition before the date of the enactment of this by-law may be completed under the provisions of by-laws 62-2001, 86-2003 and 131-2004 or under this by-law.|
Schedules "A" and "B" attached hereto shall form part of this by-law.
This by-law may be referred to as the "Region of Peel Purchasing By-law, 2007".
READ THREE TIMES AND PASSED IN OPEN COUNCIL this 10th day of May, 2007.
Acting Regional Chair
SCHEDULE A TO BY-LAW 37-2007
THE REGIONAL MUNICIPALITY OF PEEL PUCHASING BY-LAW
SCHEDULE A - GOODS AND SERVICES NOT SUBJECT TO THIS BY-LAW
|The purchasing and reporting methods described in this by-law do not apply to the following items:|
Expenditures for Training and Education including:
|2.1||Accommodation including meeting rooms and set-up.|
|2.2||Catering and catered functions.|
|2.3||Conferences, conventions, courses, workshops and seminars.|
|2.4||Magazines, books and periodicals.|
|2.5||Memberships in professional and vocational associations.|
Region/Peel Police hosted conferences.
Refundable expenses including:
Travel, meals, accommodation and any related expenses.
Employer's General Expenses including:
|4.2||Contracts with Federal, Provincial or Municipal governments, Agencies, Boards, Commissions, Authorities, Utilities, and Railways including but not limited to requirements for goods and services incidental to an approved capital project and/or maintenance.|
|4.3||Credit rating agencies.|
|4.4||Licenses (e.g., vehicle, elevator, radio, firearm, etc.), certificates and other approvals required.|
|4.6||Professional association surveys.|
|4.7||Promotional display expenses.|
|4.8||Regional charges to and from Area Municipalities.|
|4.9||Short-term car/vehicle rentals.|
Toll road payments.
Professional and Special Services including:
|5.1||Accommodations, payments, fees provided to individuals, cooperatives, corporations and governments under Regional Council approved Programs of the Social Services Department or Housing Department including accommodation provided under Rent Supplement Agreements.|
|5.2||Insurance coverage and bonds when purchased through the Region's insurance broker of record.|
|5.3||Legal counsel provided under the direction of the Region's insurance broker of record or to represent the Region for third party insurable claims as well as the purchase of any goods or services in the settlement of any claims.|
|5.4||Legal Services provided in support of members under an agreement between the Board and an association of members of the Police Service and Forensic Accounting Services required for Police operational purposes.|
|5.5||Professional and skilled services provided to individuals as part of approved programs of the Health Department or Social Services Department including but not limited to: medical services, dental services, laboratory services, home care services, counselling services, interpreter and translation services, day care/child care, music, entertainment, physiotherapy, podiatry, hairdressing, horticulture and skilled healthcare services.|
|5.6||Provision of Employee and Member Assistance Programs.|
|5.7||Professional services provided to the Board in support of collective agreement negotiations, external legal services and consulting services, provided that same are funded from Board allocations for such services.|
Other special fees and services including but not limited to witness fees, arbitrators, mediators, court reporters, investigators and other like services.
Utility charges including:
Basic telephone service
|6.2||Cable television service|
|7.||Real Property including lease, rent, purchase, sale, land, buildings, leasehold interest, easements, encroachments, appraisals and payment of real estate commissions.|
Payments required to be paid by the Region under statutory authority.
Subject to the provisions of the policy governing Front End Financing Agreements and Developer Reimbursements approved by Regional Council on October 30, 2003 as same may be amended from time to time (the "Policy"), works located on private property being developed, provided that the construction of the works at the expense of the Region has been approved by Regional Council in the Capital Budget for the year in which construction commences or a preceding year. This exemption is not applicable to works acquired by the Region, which are required or permitted by the Region to be the subject of a front end financing agreement.
SCHEDULE B TO BY-LAW 37-2007
THE REGIONAL MUNICIPALITY OF PEEL PURCHASING BY-LAW
SCHEDULE B - TABLE OF PURCHASING AUTHORITIES UNDER SECTION PART V
Dollar Range and Special Circumstances
|$5,000 or less||Any employee authorized by both the Manager of Purchasing and Department Head/Chief of Police*|
|Greater than $5,000 but not greater than $25,000||Manager of Purchasing or staff exercising authority delegated by the Manager of Purchasing including employees under Clause 4.2|
|Greater than $25,000 but not greater than $100,000||Manager of Purchasing or any purchasing staff delegated by the Manager of Purchasing|
|Greater than $100,000 but not greater than $250,000 resulting from a Tender||Manager of Purchasing|
|Greater than $100,000 but not greater than $250,000 resulting from a Request for Proposal, Direct Negotiation or Irregular Result||Chief Administrative Officer/Chief of Police*|
|Greater than $250,000 but resulting from a Tender||Chief Administrative Officer/Chief of Police*|
|Greater than $250,000 but resulting from a Request for Proposal,
Direct Negotiation or Irregular Result
||Regional Council/Police Services Board*|
|N.B. Dollar range is exclusive of taxes, freight and delivery charges|
* In relation to purchases for police purposes only.