THE CORPORATION OF THE
BY-LAW NO. ______
Being a by-law to establish a policy for procurement of goods.
WHEREAS the Municipal Act S.O. 2001, c. 25 as amended, Section 271 requires that a municipality and a local board shall adopt policies with respect to its procurement of goods and services;
WHEREAS the Municipal Act S.O. 2001, c. 25 as amended, Section 271 states the policies required as (a), (b), (c), (d), (e), (f), (g), (h) and (i) as shown below,
NOW THEREFORE the Municipal Council of the
Corporation of the
(a) the types of procurement processes that shall be used;
1. Department Head or Board approval,
2. Invitational Tenders,
3. Public Tender,
4. Request for Proposal,
(b) the goals to be achieved by using each type of procurement process;
1. Regular departmental supplies need not be approved by Council.
2. Tenders from selected tenderers.
3. Tenders advertised locally.
4. Tenders advertised locally.
(c) the circumstances under which each type of procurement process shall be used;
1. Regular departmental purchases shall not exceed $1000, except that the Road Department may expend up to $5000.
2. Any work estimated up to $10,000.
3. Any work estimated over $10,000.
4. Any work where the specifications may vary.
(d) the circumstances under which a tendering process is not required;
Recurring expenditures, such as payroll, debt charges, utilities, rental or lease obligations, school boards or other mandated payments.
(e) the circumstances under which in-house bids will be encouraged as part of a tendering process;
Labour and/or supplies approved by Council.
(f) how the integrity of each procurement process will be maintained;
1. Pay list to Board and Council each month. Presented at public meeting.
2. Received in a sealed envelope. Date stamped & time indicated. Opened at Public Meeting by Clerk or delegate, Secretary or Chairperson.
3. Received in a sealed envelope. Date stamped & time indicated. Opened at Public Meeting by Clerk or delegate, Secretary or Chairperson.
4. Received in a sealed envelope. Date stamped & time indicated. Opened at Public Meeting by Clerk or delegate, Secretary or Chairperson.
(g) how the interests of the municipality or local board, as the case may be, the public and persons participating in a procurement process will be protected;
Procurement done in accordance with this by-law. Late or ineligible tenders shall not be opened, but returned to the tenderer. If more than two tenders are received, the Municipality may retain at least one of the other tenders, in addition to the successful tender, until a formal agreement has been entered into with the successful tender.
(h) how and when the procurement process will be reviewed to evaluate their effectiveness;
Reviewed as needed. Evaluated continuously. The Municipality reserves the option to re-advertise should they decide not to accept any of the tenders.
Disposing of Assets
Upon recommendation of the Department Head or Committee & approval of Council, products deemed to be expendable may be put up for sale & a minimum purchase price set. Notice shall firstly be given to other Department Heads & then advertised for sale. The product must have a value of $100. or more to be valuable enough for sale.
Effective Date & Repeal
This by-law shall come into effect on the date it is enacted. By-Laws 9-93 & 18-94 are hereby repealed.
Read 1ST, 2ND and 3RD time and finally enacted this 8th day of August 2005.
Per Mayor Harvey Pinkerton
Per Clerk-Treasurer Brenda Paul, AMCT