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THE CORPORATION OF THE TOWN OF ENGLEHART
BY-LAW 2017-17
BEING A BY-LAW of the Corporation of the Town of Englehart
governing procurement policies and procedures:
Table of Contents
Page
PART I - SHORT TITLE ..............................................................
3
Section 1 ..........................................................................
3
PART II - PURPOSES, GOALS AND OBJECTIVES ..........................
3
Section 2 ..........................................................................
3
PART III - DEFINITIONS AND SCHEDULES ....................................
4
Section 3 ...........................................................................
4
PART IV - GENERAL PROCUREMENT POLICY ...............................
5
Section 4:
Application ........................................................
5
Section 5:
Restrictions ......................................................
6
Section 6:
Total Acquisition Costs .......................................
7
Section 7:
Prescribed Council Approval ................................
7
Section 8:
Responsibilities and Authorities ............................
7
Section 9:
Notification of Procurement Opportunities ..............
7
PART V - PROCUREMENT PROCEDURES ....................................
8
Section 10: Purchasing Procedures ......................................
8
Section 11: Request for Expression of Interest ........................ 8
Section 12: Purchasing Methods ..........................................
8
Section 13: Purchases Not Exceeding Five Hundred ($500)
Dollars ............................................................
8
Section 14: Purchase Between Five Hundred ($500) and
Twenty-Five Thousand ($100,000) Dollars ............
8
Section 15: Purchases Exceeding Twenty-Five Thousand
($100,000) Dollars Request for Tender ..................
9
Section 16: Request for Proposal .......................................... 9
Section 17: Guarantee of Contract Execution and Performance ..
10
Section 18: Contract Without Budgetary Appropriation ...............
11
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Section 19: Bids in Excess of Project Estimates ........................
11
Section 20: Emergency Purchases .........................................
11
Section 21: Cooperative Purchasing .......................................
11
Section 22: Identical Tenders ................................................
12
Section 23: Bid Irregularities .................................................
12
Section 24: Contractual Agreement ........................................
12
Section 25: Surplus and Obsolete Goods .................................
12
PART VI - Other ............................................................................
13
Section 26: Access to Information ...........................................
13
Section 27: By-Law Review ....................................................
13
Section 28: Effective Date ......................................................
13
Schedule "A" Exemptions.......................................................... 14
Schedule "B" Purchasing Methods................................................. 15
Schedule "C" Direction-.................................................................. 16
BY-LAW 2017-17
Page 3
A BY-LAW OF THE TOWN OF ENGLEHART
GOVERNING PROCUREMENT POLICEIS AND PROCEDURES
WHEREAS Section 270 of the Municipal Act, 2001 imposes upon municipalities the
obligation to adopt policies with respect to the procurement of Goods and Services;
AND WHEREAS this By-law establishes the authority and sets out the methods by
which Goods, Services or Construction will be purchased and disposed of for the
purposes of the Town of Englehart subject to certain exceptions set out herein;
AND WHEREAS the Council of the Town of Englehart has by resolution adopted on
authorized the enactment of this By-Law.
NOW THEREFORE the Council of the Town of Englehart enacts as follows:
PART I - SHORT TITLE
Section 1
This By-Law may be cited as the "Purchasing By-Law".
PART II - PURPOSES, GOALS AND OBJECTIVES
Section 2
The purposes, goals and objectives of this By-Law and of each of the methods of
procurement authorized are:
a)
To encourage competition among suppliers;
b)
To maximize savings for taxpayers;
c)
To ensure service and product delivery, quality, efficiency and
effectiveness;
d)
To ensure fairness among bidders;
e)
To ensure openness, accountability and transparency while protecting the
financial best interests of the Town of Englehart:
f)
To have regard to the accessibility for persons with disabilities to the
Goods, Services and Construction purchased by the Town of Englehart,
g)
To attempt to reduce the amount of solid waste requiring disposal through
the purchase of environmentally responsible Goods and Services.
PART III - DEFINITIONS AND SCHEDULES
Section 3
The words and phrases listed below when used in this By-Law shall have the following
meanings ascribed to them:
"AGENT" means the Manager of Supplies and Services of the Town of Englehart;
"APPROVED INVOICE" means an original supplier's invoice issued at the time of
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purchase of low dollar Goods or Services not exceeding $499 and which bears both the
signature of an appropriately authorized employee and appropriate account number(s);
"AWARD", "AWARDED" and "AWARDING" mean authorization to proceed with the
purchase of Goods, Services or Construction from a chosen supplier;
"BID" means an offer or submission from a supplier in response to a Bid Solicitation;
"BID BOND" means the form of security required by the terms and conditions of Bid
Solicitation documentation to guarantee that the successful bidder enters into a
Contract with the Town of Englehart, as required by Section 20 of this By-Law;
"BID SOLICITATION" means a formal request for Bids that may be in the form of a
Request for Tender or Request for Proposal;
"BLANKET PURCHASE ORDER" means a Contract between the Town of Englehart
and a supplier for the supply of regularly ordered Goods or Services at specified unit
prices with, where possible, maximum dollar limits, or discounts, but not specified
quantities;
"CLERK-TREASURER-ADMINISTRATOR" means the Clerk-Treasurer-Administrator
of the Town of Englehart; who shall also act as the Risk Management Officer;
"CONSTRUCTION" means a construction, reconstruction, demolition, repair or
renovation of a building, structure or other civil engineering or architectural work and
includes site preparation, excavation, drilling, seismic investigation, soil investigation,
the supply of products and materials and the supply of equipment and machinery if they
are included in and incidental to the construction, and the installation and repair of
fixtures of a building, structure or other civil engineering design or architectural work, but
does not include professional services related to the construction contract unless they
are included in the specifications for the procurement;
"CONTRACT" means any agreement, regardless of form or title, for the lease purchase
or disposal of Goods, Services or Construction authorized in accordance with this By-
Law;
"COUNCIL" means the Council of the Town of Englehart;
"COUNCIL APPROVED BUDGETS" means Council approved department budgets
including authorized revisions, or where applicable, Council approved budgets of local
boards or utilities to which this By-Law applies;
"DEPARTMENT" means an organizational unit of the Town of Englehart by
Management;
"ELECTRONIC ADVERTISING" means the use of a computer based system directly
accessible by suppliers irrespective of their location that provides suppliers with
information related to Bid Solicitations;
"EMERGENCY" means a situation, or the treat of an impending situation, which may
affect the environment, the life, safety, health and/or welfare of the general public, or the
property of the residents of the Town of Englehart, or to prevent serious damage,
disruption of work, or to restore or to maintain essential service to a minimum level;
"FAIR MARKET VALUE" means the price that would be agreed to in an open and
unrestricted market between knowledgeable and willing parties dealing at arms-length
where fully informed and not under any compulsion to transact;
"FINANCING LEASE POLICY" means the policy passed by Council under the
authority of the Municipal Act, 2001, S.O. c25, section 110;
"MANAGER" means the person appointed by Council to be responsible for the
operations of departments;
"GOODS" means movable property including,
a)
the cost of installing, operating, maintaining or manufacturing such
movable property;
b)
raw materials, products, equipment and other physical objects of every
kind and description;
"IN HOUSE BID" means a Bid made by a Department and authorized by the Manager
of that Department, submitted in response to a Bid Solicitation, where the provision of
the Goods, Services or Construction will be provided entirely by the employees of the
Town of Englehart"
"LOWEST COMPLIANT BID" means the Bid that would provide the Town of Englehart
with the desired Goods, Services or Construction at the lowest Total Acquisition Cost,
meets all the specifications and contains no irregularities requiring automatic rejection;
"PROFESSIONAL SERVICES" means persons having a specialized knowledge or skill
for a defined Service requirement including,
Page 5
a)
architects, engineers, designers, management and financial consultants;
and
b)
firms or individuals having specialized competence in environmental,
planning or other disciplines;
"PROPOSAL" means an offer submitted in response to a Request for Proposal,
acceptance of which may be subject to further negotiation;
"REQUEST FOR PROPOSAL" means a Bid Solicitation that is used to acquire Goods,
Services or Construction, the suitability of which is dependant upon non-price factors
and which may result in further negotiation between the parties;
"SERVICE" 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 Town of
Englehart in accordance with terms of employment;
"TENDER" means a publicly advertised Bid Solicitation;
"TOTAL ACQUISITION COST" means an evaluation of quality and service in the
assessment of a Bid and the sum of all costs including purchase price, all taxes,
warranties, local service costs, life cycle costs, time of completion or delivery, inventory
carrying costs, operating and disposal costs for determining the lowest Compliant Bid.
Schedules A, B and C attached hereto form part of this By-Law.
PART IV - GENERAL PROCUREMENT POLICY
Section 4 -- APPLICATION
1)
The procedures in this By-Law shall be followed to Award a Contract or to
recommend to Council that a Contract be Awarded.
2)
Subject to section 24 and section 4(3), a Manager may purchase or contract for
the Goods and Services listed in Schedule "A" to this By-Law without following
the procedure set out herein.
3)
The procurement of legal services shall be contracted for by the Clerk or
Treasurer.
4)
The purchase of Goods and Services listed in Schedule "A" to this By-Law may
be made provided that sufficient funds are available and identified in appropriate
accounts within Council Approved Budgets.
5)
The following local boards and corporations are bound by the By-Law and this
By-Law shall apply with necessary modification to such local boards and
corporations:
Englehart and Area Historical Museum
Englehart Parks & Recreation
Englehart Planning Department
Englehart and Area Fire Board
Englehart Works Department
Englehart General Government
6)
For all purposes of this By-Law and this Section, all references to Council shall
mean the governing body of each of the following local boards and corporations:
Englehart and Area Historical Museum
Englehart and Area Fire Board
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7)
For all purposes of this By-Law and this Section, all references to the Clerk-
Treasurer-Administrator and Managers of the Town shall mean the following
positions associated with the relevant local board and corporation:
Englehart and Area Historical Museum -- Manger
Englehart Parks & Recreation - Recreation Manager
Englehart Planning Department - Economic Development Officer
Englehart and Area Fire Board - Fire Chief
Englehart Works Department - Public Works Superintendent
Englehart General Government - Clerk Treasurer Administrator
Section 5 -- RESTRICTIONS
1)
No Contracts for Goods, Services or Construction may be divided into two or
more parts to avoid the application of the provisions of this By-Law.
2)
No Contract for Services shall be awarded where the services would result in the
establishment of an employee-employer relationship.
3)
No employee shall purchase, on behalf of the Town of Englehart any goods,
services or Construction, except in accordance with this By-Law.
4)
Where an employee involved in the Award of any Contract, either on his or her
own behalf or while acting for, by, with or through another person, has any
pecuniary interest, direct or indirect, in the Contract, the employee,
a)
shall immediately disclose the interest to the Manager involved in the
Award of the Contract and shall describe the general nature thereof;
b)
shall not take part in the Award of the Contract; and
c)
shall not attempt in any way to influence the Award of the Contract.
5)
An employee has an indirect pecuniary interest in any Contract in which the
Town of Englehart is concerned, if,
a)
the employee or his or her spouse or same-sex partner
i
is a shareholder in, or a director or senior officer of, a corporation
that does not offer its securities to the public that has a pecuniary
interest in the Contract,
ii
has a controlling interest in or is a director or senior officer of, a
corporation that offers its securities to the public that has a
pecuniary interest in the Contract, or
iii
is a member of an incorporated association or partnership, that has
a pecuniary interest in the matter; or
b)
the employee or his or her spouse or same-sex partner is in the
employment of a person, unincorporated association or partnership that
has a pecuniary interest in the Contract.
c)
All Council members shall conduct themselves in accordance with the
Municipal Conflict of Interest Act, R.S.O. 1990, c. M. 50, as amended.
Section 6 -- TOTAL ACQUISION COST
Where this By-Law prescribes dollar limits, the Contract amount shall be the estimated
Total Acquisition Cost less any rebates.
Section 7 -- PRESCRIBED COUNCIL APPROVAL
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Despite any other provisions of this By-Law, the following Contracts are subject
to Council approval:
a)
any Contract requiring approval from the Ontario Municipal Board;
b)
any Contract where the Total Acquisition Cost is greater than the Council
Approved Budget;
c)
any Contract where an irregularity precludes the Award of a Contract to
the supplier submitting the lowest bid;
d)
any Contract where a Good, Service or Construction is available from only
one source of supply and the Total Acquisition Cost of such Good, Service
or Construction exceeds $25,000; or where a Bid Solicitation has been
restricted to a single source of supply because standardization or
compatibility is the overriding consideration;
e)
any Contract where the Request for Proposal method of purchase of
Goods, Services or Construction is being used and the estimated value of
the Goods, Services or Construction exceeds $100,000;
f)
when any Contract is required in accordance with the Town of Englehart's
Financing Lease Policy.
Section 8 -- RESPONSIBILITIES AND AUTHORITIES
Managers shall be responsible for and shall have authority for all procurement
activity and decisions within their Departments and may delegate their authority,
where appropriate.
Section 9 -- NOTIFICAITON OF PROCUREMENT OPPORTUNITIES
1)
Notification of procurement opportunities for Goods, Services or
Construction exceeding a Total Acquisition Cost of $100,000 shall be
made by Electronic Advertising and may by used for any other purchase.
2)
Notification of procurement opportunities for Goods, Services or
Construction may be supplemented by other means of notification where
appropriate.
PART V - PROCUREMENT PROCEDURES
Section 10 -- PURCHASING PROCEDURES
1)
The Clerk shall establish purchasing procedures consistent with the Purposes,
Goals and Objectives set out in this By-Law relating to:
Page 8
a)
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, tender, proposal and other contract documents;
b)
the identification of those Goods, Services or Construction which, are
more effectively acquired through cooperative purchasing;
c)
the process to be followed in the issuing, receipt and evaluation of
Tenders and Requests for Proposals including the option of submitting
documentation, payment or signature by electronic means pursuant to the
Electronic Commerce Act, S.O. 2000, c. 17, as amended;
d)
any other aspect of process or procedure not specifically provided for in
the By-Law.
2)
Where, in the opinion of the Agent, circumstances giving rise to an issue of
adherence or non-adherence to the requirements of this By-Law which cannot be
resolved to the satisfaction of the Agent, the Agent shall advise the Manager who
shall have the authority to determine the appropriate action.
Section 11 - REQUEST FOR EXPRESSIONS OF INTEREST
A Manager or the Agent may conduct a request for expression of interest for the
purposes of determining the availability of suppliers of any Goods, Services or
Construction and for the purposes of keeping a list of available suppliers.
Section 12 - PURCHASING METHODS
The purchasing methods for the purchase of Goods, Services or Construction are listed
in Schedule "B".
Section 13 - PURCHASES NOT EXCEEDING FIVE HUNDRED ($500) DOLLARS
1) Permanent full-time staff may sign for purchases up to $500.00
2)
Purchases made pursuant to this Section shall be made from the competitive
market place wherever possible and may be made by using an "Approved
Invoice, subject to Section 24.
Section 14 - PURCHASES BETWEEN FIVE HUNDRED ($500) DOLLARS AND
ONE HUNDRED THOUSAND ($100,000) DOLLARS
1) Any purchases between $500.00 and $10,000.00 may be purchased by
department heads or as approved by department subject to Section 24.
2)
Purchasing requirements for Goods, Services or Construction having an
estimated Total Acquisition Cost between:
A)
$10,000 - $50,000 - by Informal Request for Quotations(RFQ) - the town
shall obtain competitive pricing for procurement in an expeditious and cost-
effective manner through fax, email or mail from at least two (2) potential
vendors.
B)
$50,001 - $100,000 - by Formal Request for Quotations(RFQ) - the town
shall use formal quotations for higher value procurements and where a more
detailed outline of the proposed goods and/or services is required to obtain the
best value. Solicitation document to be prepared and sent to at least three (3)
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potential vendors.
3)
In appropriate circumstances, the Request for Proposal or the Request for
Tender processes may be utilized for the purchase of Goods, Services or
Construction in this Total Acquisition Cost range.
4)
The procedure used to purchase the Goods, Services or Construction in this
Total Acquisition Cost range shall demonstrate that Fair Market Value was
achieved.
Section 15 -- PURCHASES EXCEEDING ONE HUNDRED THOUSAND DOLLARS
($100,000)
1)
A Request for Tender shall be used for purchases exceeding $100,000 where all
of the following criteria apply:
a)
two or more sources are considered capable of supplying the requirement;
b)
the requirement is adequately defined to permit the evaluation of tenders
against clearly stated criteria; and
c)
it is intended that the Lowest Compliant Bid will be accepted without
negotiations.
2)
The Manger in charge of the Bid Solicitation or the Agent, on behalf of such
Manager, may Award Contracts emanating from a Request for Tender provided
that:
a)
the Award is to the Lowest Compliant Bidder;
b)
sufficient funds are available and identified in appropriate accounts within
Council Approved Budgets; and
c)
the provisions of this By-Law are complied with.
3)
The Manager or Agent shall follow the provisions of Section 24 regarding the
form of contract required to complete the purchase.
Section 16 -- REQUEST FOR PROPOSAL
1)
A request for Proposal shall be used where one or more of the criteria for issuing
a Request for Tender cannot be met such as:
a)
owing to the nature of the requirement, suppliers are invited to propose a
solution to a problem, requirement or objective and the selection of the
supplier is based on the effectiveness of the proposed solution rather than
on price alone; or
b)
it is expected that negotiations with one or more bidders may be required
Page 10
with respect to any aspect of the requirement.
2)
Where the Contract price is anticipated to be $100,000 or greater and the
Request for Proposal method of procurement is utilized, the Agent shall be a
member of the committee formed to evaluate the response to the Request for
Proposal.
3)
Every Request for Proposal shall contain an evaluation grid.
4)
The Agent shall maintain a list of suggested evaluation criteria for assistance in
formulating an evaluation grid, which criteria may include, but are not limited to,
factors such as approached, equipment and facilities, experience and
qualifications, methodology, past performance and scheduling, price and
strategy.
5)
The Manager in charge of the particular Bid Solicitation or the Agent, on behalf of
such Manager, may Award Contracts emanating from a Request for Proposal
provided that;
a)
the estimated Total Acquisition Cost of the Goods, Services or
Construction does not exceed $100,000;
b)
the Award is to made to the supplier meeting all mandatory requirements
and determined, by reference to an evaluation grid, as providing best
value;
c)
sufficient funds are available and identified in appropriate accounts within
Council Approved Budgets; and
d)
the provisions of this By-Law are complied with.
6)
The Manager and Agent shall follow the provisions of Section 24 regarding the
form of contract required to complete the purchase.
Section 17 - GUARANTEE OF CONTRACT EXECUTION AND PERFORMANCE
1)
The Agent may require that a Bid be accompanied by a Bid Bond or other similar
security to guarantee entry into a Contract. Unless otherwise specified, in
circumstances where a Bid Bond or other security is required, the refundable
deposit requirements for Requests for Tenders and Requests for Proposals shall
be as follows:
ESTIMATED TOTAL ACQUISTION COST
MINIMUM DEPOSIT REQUIRED
Greater than $100,000
10%
2)
Prior to the commencement of the work, the successful bidder shall be required
Page 11
to provide the following security in addition to the security referred to in
Subsection 20 (1):
a)
a performance bond to guarantee the performance of a Contract, and
b)
a payment bond to guarantee the payment for labour and materials to be
supplied in connection with a Contract.
3)
The Manager shall select the appropriate means to guarantee execution and
performance of the Contract. Means may include one or more of, but are not
limited to, certified cheque, bank draft, irrevocable letter of credit, money order
and where appropriate, a bid bond issued by an approved guarantee company
properly licensed in the Province of Ontario, on bond forms acceptable to the
Town of Englehart.
4)
Prior to the commencement of work, evidence of insurance coverage satisfactory
to the Risk Management/Insurance Officer must be obtained, ensuring
indemnification of the Town of Englehart from any and all claims, demands,
losses, costs or damages resulting from the performance of a Bidder's
obligations under the Contract and from any other risk determined by the Risk
Management/Insurance Officer as requiring coverage.
5)
Prior to payment to a supplier, a Certificate of Clearance from the Workplace
Safety and Insurance Board shall be obtained ensuring all premiums or levies
have been paid to the Workplace Safety and Insurnce3 Board to the date of
payment.
Section 18 - CONTRACT WITHOUT BUDGETARY APPROPRIATION
Where a requirement exists to initiate a project for which Goods, Services or
Construction is required and funds are not contained within the Council Approved
Budget to meet the proposed expenditure, the Manager shall, prior to commencement
of the purchasing process, submit a report to Council containing:
a)
information surrounding the requirement to contract;
b)
the terms of reference to be provided in the Contract;
c)
information on the availability of the funds within existing estimates, which
were originally approved by Council for other purposes, or on the
requirement of additional funds.
Section 19 -- BIDS IN EXCESS OF PROJECT ESTIMATES
1)
Where Bids are received in response to a Bid Solicitation and the Manager,
jointly, may enter negotiations with the Lowest Compliant Bidder to achieve and
acceptable Bid within the project estimate.
2.
Negotiations shall be conducted in accordance with the guidelines established by
the Canadian Construction Documents Committee.
Section 20 - EMERGENCY PURCHASES
Page 12
1)
Where an Emergency exists requiring the immediate procurement of Goods,
Services or Construction, a Manager or the Agent may purchase the required
Goods, Services or Construction by the most expedient and economical means,
notwithstanding any other provision of this By-Law. As soon as practicable
thereafter, the Agent shall comply with Section 24 of this By-Law.
2)
For all Emergency purchases made by a Manager, the Manager shall as soon
after the purchase as reasonably possible; notify the Treasurer with a written
report detailing the circumstances of the Emergency. A report to Council shall be
made by the Manager and the Treasurer in all circumstances where the
Emergency purchase exceeds $25,000.
Section 21 - COOPERATIVE PURCHASING
1)
The Town of Englehart may participate with other government agencies or public
authorities in cooperative purchasing where it is in the best interest of the Town
of Englehart to do so and where the purposes, goals and objectives of this By-
Law are complied with by such government agencies and public authorities.
2)
the policies of the government agencies or public authorities calling the
cooperative Bid Solicitation are to be the accepted policy for that particular
purchase.
Section 22 - IDENTICAL TENDERS
1)
If the Lowest Compliant Bids from two or more bidders are identical in Total
Acquisition Cost or unit price, the Treasurer, with the consent of the Manager in
charge of the Bid Solicitation, is authorized to enter into negotiations with the
bidders who have submitted the identical prices in an attempt to obtain a lesser
price and shall maintain a record in respect of such negotiations.
2)
The Treasurer shall not reveal information pertaining to such negotiations or the
manner in which the final price was determined to any of the bidders concerned.
The Treasurer shall include as part of the record, a report concerning the results
of such negotiations.
3)
When negotiations are not successful in breaking the identical tenders, then the
successful bidder shall be determined by coin toss. The coin toss shall be
performed in the presence of the Manager in charge of the Bid Solicitation, the
Treasurer and the Director of Legal Services, or their designate(s).
Section 23 - BID IRREGULARITIES
The process for administering irregularities contained in Bids pertaining to all Contracts
shall be as set out in Schedule "C". For an irregularity listed in the first column of
Schedule "C", the applicable response is set out opposite to the irregularity in the
Second column of Schedule "C".
Section 24 - CONTRACTURAL AGREEMENT
1)
The Award of Contract over $150,000.00 shall be made by way of an agreement.
2)
A formal agreement is to be used when the resulting Contract is complex and will
contain terms and conditions other than the Town of Englehart's standard
Page 13
contractual terms and conditions.
3)
It shall be the responsibility of the Manager in charge of the particular Bid
Solicitation, with the Clerk or Treasurer and/or Legal Counsel to determine if it is
in the best interest of the Town of Englehart to establish a formal agreement with
the supplier.
4) It shall be the responsibility of the Clerk or Treasurer and the council to decide if
the formal agreement is to be reviewed and approved for execution by the Legal
Counsel.
5)
Where a formal agreement is required, the Manager shall execute the agreement
in the name of the Town of Englehart.
Section 25 - SURPLUS AND OBSOLETE GOODS
1)
The Manager must dispose of all Goods for which a Department no longer has
use and the Agent may use any method for disposal in the Town of Englehart
best interests, including without limitation, public auction, public tender, trade,
negotiated sale or transfer to another Department.
2)
An employee who has the responsibility of declaring Goods surplus or obsolete,
or for sending items to a public auction shall not bid on or personally obtain any
Goods that the employee has declared as surplus.
3)
No Council Member or employee shall be permitted to receive surplus or
obsolete Goods except by purchase at public auction, public tender, trade or
negotiated sale.
PART VI - OTHER
Section 26 - ACCESS TO INFORMATION
The disclosure of information received relevant to the issue of Bid Solicitations or the
Award of Contracts emanating form Bid Solicitations shall be in accordance with the
provisions of the Municipal Freedom of Information and Protection of Privacy Act, as
amended.
Section 27 - BY-LAW REVIEW
1)
This By-Law shall be reviewed every 3 years or as needed to comply with current
legislation.
2)
The review shall determine how effective this By-Law has been in achieving the
objectives set out in Section 2 of the By-Law as well as the requirements of the
Municipal Act, 2001, as amended.
3)
The review may be undertaken by an ad-hoc committee of Council, the final
result of which shall be comprised of a report to Council, by the Treasurer.
Page 14
Section 28 - EFFECTIVE DATE
This By-Law shall come into force and take effective on the 28th day of June 2017.
This by-law shall take effect on the final passing thereof.
READ A FIRST AND SECOND TIME this 28 day of June 2017.
READ A THIRD TIME AND FINALLY PASSED this 28 day of June 2017.
______________________________
_____________________________
Mayor
Clerk
SCHEDULE "A"
EXEMPTIONS
To By-Law 2017- of the Town of Englehart.
The purchasing methods described in this By-Law do not apply to the following Goods
and Services:
1.
Training and Education
a)
Registration and Tuition fees for conferences, conventions, courses and
seminars
b)
Magazines, books and periodicals unless the purchase of such magazines
books and periodicals are subject to value-added services
c)
Memberships
Page 15
2.
Refundable Employee/Councilor Expenses
a)
Advances
b)
Meal Allowances
c)
Travel and Entertainment
d)
Miscellaneous
3.
Employer's General Expenses
a)
Payroll Deductions Remittances
b)
Medical
c)
Licenses (Vehicle, Firearms, etc.)
d)
Debenture Payments
e)
Grants to Agencies
f)
Damage Claims
g)
Tax Remittances
4.
Professional and Special Services
a)
Committee Fees
b)
Legal fees and other Professional Services related to litigation or legal
matters
c)
Funeral and Burial expenses
d)
Witness fees
e)
Contracts related to the provision of "controlled acts" by persons
"governed by a health profession Act", as those expressions are used in
the Regulated Health Professions Act, S.O. 1991, c.18, as amended
5.
Utilities
6.
Advertising services required by the Town on or in but not limited to radio,
television, newspaper and magazines
7.
Bailiff or collection agencies
SCHEDULE "B"
To By-Law 2017- of the Town of Englehart.
PURCHACING METHODS
PROCEDURE
COST OF GOOD OR SERVICE
Purchase Order (including Blanket
Purchase Order)
$10,000.00 to $100,000
(Section 14)
Agreement, Request for Tender or
Request for Proposal
$100,000 or more
(Section 15 and 16)
Page 16
SCHEDULE "C"
To By-Law 2015-16 of the Town of Englehart.
IRREGULARITY
RESPONSE
1.
Late Bids.
Automatic rejection and not opened or
read publicly.
2.
Unsealed Envelopes.
Automatic rejection.
3.
Insufficient Financial Security (No Bid
Security or agreement to bond or
insufficient Bid Bond or Agreement to
Bond).
Automatic rejection.
4.
Bids completed and/or signed in
erasable medium.
Automatic rejection.
Page 17
5.
All required sections of Bid
documents not completed.
Automatic rejection unless, in the
consensual opinion of the Agent,
Manager in charge of the Bid
Solicitation and the Director of Legal
Services, or designate, the
incomplete nature is trivial or
insignificant.
6.
Qualified Bids (Bids qualified or
restricted by an attached statement).
Automatic rejection unless, in the
consensual opinion of the Agent,
Manager in charge of the Bid
Solicitation and the Director of Legal
Services, or designate, the
qualification or restriction is trivial or
not significant.
7.
Bids received on documents other
than those provided or specified by
the Town.
Automatic rejection.
8.
Bids Containing Minor Obvious
Clerical Errors.
48 hours to correct and initial errors.
9.
Failure to execute Agreement to Bond
(Surety's Consent) or Bonding
Company Corporate Seal or signature
missing from Agreement to Bond.
Automatic rejection.
10.
Failure to execute Bid Bond by Bidder
and Bonding Company.
Automatic rejection.
a)
Corporate seal of the Bidder and
Bonding Company missing
48 hours to correct.
11.
Documents - Execution
a)
Corporate Seal or signature is
missing; signatory's authority to bind
the corporation or signature missing.
48 hours to rectify situation.
b)
Corporate seal and signature is
missing; signatory's authority to bind
the corporation and signature
missing.
Automatic rejection.
12.
Erasures, Overwriting or Strike-Outs
which are not Initialed.
a)
Uninitialed changes to the Tender
documents, other than unit prices,
which are trivial or not significant;
48 hours to initial. The determination
of what constitutes trivial or
insignificant uninitialed changes shall
be made in the consensual opinion of
the Agent, Manager in charge of the
Bid Solicitation and the Director of
Legal Services, or designate.
Page 18
b)
Unit prices in the Schedule of Prices
have been changed but not initialed
and the Contract totals are
inconsistent with the price as
changed;
48 hours to initial change in unit price.
The determination of what constitutes
trivial or insignificant uninitialed
changes shall be made in the
consensual opinion of the Agent,
Manager in charge of the Bid
Solicitation and the Director of Legal
Services, or designate.
c)
Unit prices in the Schedule of Prices
which have been changed but not
initialed and the Contract totals are
inconsistent with the price as
changed;
Automatic rejection.
13.
Mathematical errors which are not
consistent with unit prices.
48 hours to initial corrections as made
by the Supplies and Services
Division.
14.
Documents, in which all necessary
Addenda, which have financial
implication, have not been
acknowledged.
Automatic rejection.
15.
Any other irregularities.
The Agent, Manager in charge of the
Bid Solicitation and the Director of
Legal Services, or designate, acting in
consensus shall have authority to
waive other irregularities or grant 48
hours to initial such other
irregularities, which they jointly
consider to be minor.