HomeMy WebLinkAboutCAO 01-23
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Report to
Executive Committee
Report Number: CAO 01-23
Date: January 9, 2023
From: Marisa Carpino
Chief Administrative Officer
Subject: Use of Delegated Authority During Lame Duck Period of August 19, 2022 to
November 14, 2022
-File: A-1440-001
Recommendation:
That Report CAO 01-23 regarding the use of delegated authority during the Lame Duck Period
of August 19, 2022 to November 14, 2022 be received for information.
Executive Summary: Further to the approval of Report CLK 03-22, Restricted Acts after
Nomination Day (Lame Duck Period), through Council Resolution #903/22, and with the
closing of nominations for the 2022 Municipal Election at 2:00 pm on August 19, 2022, it was
determined that Pickering City Council was Lame Duck based on the nominations to the new
Council that were certified (see Attachment #1).
As set out in Report CLK 03-22, staff recommended that delegated authority be provided to the
Chief Administrative Officer (CAO) for two of the acts restricted by the Municipal Act (the “Act”)
during the Lame Duck period, being: 1) the disposition of any real or personal property of the
municipality which has a value exceeding $50,000 at the time of disposal; and, 2) making any
expenditures or incurring any other liability which exceeds $50,000 which are not included in
the most recent budget adopted by Council prior to nomination day.
Accordingly, Council enacted Bylaw No. 7934/22 on May 24, 2022 to give effect to staff’s
recommendation.
In accordance with Section 2 of By-law No. 7934/22, correspondence CAO 77-22 was issued
to members of Council on October 21, 2022 providing notification that delegated authority had
been exercised by the CAO for the tenders, proposals and contracts listed therein (see
Attachment #3).
In accordance with Section 3 of By-law No. 7934/22, Report CAO 01-23 is hereby presented
for Council’s information, setting out each use of delegated authority pursuant to this By-law.
There was no use of delegated authority other than as listed in correspondence CAO 77-22.
Financial Implications:
As per Section 2 of By-law No. 7934/22, the below three capital projects received approval
from the CAO to proceed with their tenders, awards and/or contracts:
CAO 01-23 January 9, 2022
Subject: Use of Delegated Authority Page 2
Project Funding Source Budget Required Under/(Over)
Fairview Avenue
Reconstruction
SWM Reserve
Fund 310,000.00 406,928.00 (96,928.00)
CHDRC Pool Bleacher
Replacement
Ontario Trillium
Grant 52,000.00 115,396.00 (63,396.00)
CHDRC Pool Bleacher
Replacement
Rate Stabilization
Res 25,000.00 28,849.00 (3,849.00)
Brock Ridge Community
Park Parking Lot
Parkland Reserve
Fund 120,000.00 82,575.00 37,425.00
The over-expenditure for capital project “Fairview Avenue Reconstruction” in the amount of
$96,928.00 will be covered by the Stormwater Management Reserve Fund, which has
sufficient funds to cover the overage.
The over-expenditure for capital project “CHDRC Pool Bleacher Replacement” in the amount
of $67,245.00 will be primarily covered by the Ontario Trillium Grant in the amount of
$63,396.00. The residual over-expenditure of $3,849.00 will be funded by the Rate
Stabilization Reserve.
Discussion: At the Council meeting of May 24, 2022, Council approved Report CLK 03-22
regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority
under Section 275 of the Act and enacted Bylaw No. 7934/22 as per Resolution #903/22. With
the closing of nominations for the 2022 Municipal Election on August 19, 2022, it was
determined that Pickering City Council was Lame Duck, based on the nominations to the new
Council that were certified (see Attachment #1).
In accordance with the Act, the council of a local municipality shall not undertake any of the
restricted acts when it can be determined that the new incoming council will include less than
three-quarters of the members of the outgoing council. Three-quarters of a 7 member council
equals 6 members. As of the close of nominations on August 19th, only 4 of 7 of the outgoing
members could be returning to Pickering Council.
The Act therefore restricted the following acts between August 19, 2022 and the end of the
Council term on November 14, 2022:
a) the appointment or removal from office of any officer of the municipality;
b) the hiring or dismissal of any employee of the municipality;
c) the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal; and
d) making any expenditures or incurring any other liability which exceeds $50,000.
The Act provides that the restrictions described in c) and d) do above not apply if the
disposition, liability, or expenditure was included in the most recent budget adopted by Council
CAO 01-23 January 9, 2022
Subject: Use of Delegated Authority Page 3
prior to Nomination Day. Any expenses exceeding $50,000 that were not included in the 2022
Budget could not be approved by Council for the remainder of the Term.
By-law No. 7934/22 provides the CAO with delegated authority for two of the acts restricted by
the Act during the Lame Duck period, being: 1) the disposition of any real or personal property
of the municipality which has a value exceeding $50,0000 at the time of disposal; and 2)
making any expenditures or incurring any other liability which exceeds $50,000 which are not
included in the most recent budget adopted by Council prior to Nomination Day.
By-law No. 7934/22 includes the following provisions (see Attachment #2):
Section 2, “The Chief Administrative Officer shall notify Council in writing, for their
information, on an ongoing basis, of any exercise of delegated authority pursuant to this
By-law”.
Section 3, “The Chief Administrative Officer shall provide an information report to the
new Council, in the first quarter of the year following the election, setting out each use of
delegated authority pursuant to this By-law”.
In accordance with Section 2 of By-law No. 7934/22, correspondence CAO 77-22 was issued
to Members of Council on October 21, 2022 providing notification that delegated authority had
been exercised by the CAO for the tenders, proposals and contracts listed therein as set out
below (see Attachment #3).
1. Fairview Avenue Reconstruction:
As CAO, I approved the tender award for Fairview Avenue Reconstruction in the amount of
$406,928 (net of HST rebate). The net project cost exceeds the Council approved budget
of $310,000 in the amount of $96,928. As per the attachment memorandum dated October
19, 2022 that awards Tender No. T2022-10, Finance confirmed there are sufficient funds
available in the Stormwater Management Reserve Fund to cover this over-expenditure.
2. CHDRC Pool Bleacher Replacement:
As CAO, I approved the award for the CHDRC Pool Bleacher Replacement in the amount
of $144,245 (net of HST rebate). The net project cost exceeds the Council approved
budget of $77,000 in the amount of $67,245. As per the attachment memorandum dated
October 20, 2022, this over-expenditure is largely being addressed by additional grant
funding in the amount of $63,396 from the Ontario Trillium Foundation. The balance of this
over-expenditure in the amount of $3,849 will be covered by the City’s Rate Stabilization
Reserve. Please note that this bid was procured through the Canoe Procurement Group
(cooperative buying group), of which the City of Pickering is a member.
3. Brock Ridge Community Park Parking Lot:
As CAO, I approved the award of consulting services to Sabourin Kimble & Associates Ltd.
(SKA) for Brock Ridge Community Park Parking Lot in the amount of $82,575 (net of HST
rebate). In accordance with Section 10.03 of the Purchasing Policy (PUR 10), the services
of a particular consultant may be selected without going through a competitive process;
where the funds are available in the approved budget and the project cost of a consulting
CAO 01-23 January 9, 2022
Subject: Use of Delegated Authority Page 4
service assignment is expected to be above $50,000 is subject to the additional approval of
Council. Since Council was unable to provide approval during current lame duck
restrictions, I exercised my delegated authority pursuant to By-law No. 7934/22 to approve
this award. For more information, please see the attachment memorandum dated
September 15, 2022 (which received my formal approval on October 21, 2022).
In accordance with Section 3 of By-law 7934/22, Report CAO 01-23 is hereby presented for
Council’s information setting out each use of delegated authority pursuant to this By-law. There
has been no use of delegated authority other than as set out in this Report.
Attachments:
1. Correspondence CAO 59-22, dated October 19, 2022
2. By-law No. 7934/22
3. Correspondence CAO 77-22, dated October 21, 2022
Prepared/Approved/Endorsed By:
Original Signed By:
Paul Bigioni
Director, Corporate Services &
City Solicitor
Original Signed By:
Susan Cassel
City Clerk
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Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
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Attachment #1 to Report CAO 01-23
Memo
To: Mayor Ryan August 19, 2022 Members of Council
From: Susan Cassel City Clerk
Copy: Chief Administrative Officer Directors Deputy Clerk
Directors Admins
Subject: Notice of Lame Duck and Restricted Acts under the Municipal Act -Delegated Authority to the CAO through By-law #7934/22 File: A-2000
Further to the approval of Report CLK 03-22, Restricted Acts after Nomination Day (Lame Duck Period), through Council Resolution #903/22, and with the closing of nominations for the 2022
Municipal Election being today at 2:00 pm, it has been determined that Pickering City Council is now Lame Duck. A copy of Report CLK 03-22 is included as Attachment #1 to this Memo.
The lame duck determination is made in two different scenarios during the election period:
1. After nomination day (August 19, 2022), but before voting day (October 24, 2022), the determination shall be based on the nominations to the new council that have been certified
and any acclamations made to the new council; and,
2. After voting day, the determination shall be based on the declaration of the results of the election including declarations of election by acclamation.
In accordance with the Municipal Act (the “Act”), the council of a local municipality shall not
undertake any of the restricted acts when it can be determined that the new incoming council will
include less than three-quarters of the members of the outgoing council. Three-quarters of a 7 member council equals 6 members.
As of the close of nominations today at 2 pm, only 4 of 7 of the current outgoing members could be returning to Pickering Council. Therefore, the following restricted acts are now in effect for the remainder of the Council Term which ends on November 14, 2022:
a) the appointment or removal from office of any officer of the municipality;
b) the hiring or dismissal of any employee of the municipality;
c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and,
d) making any expenditures or incurring any other liability which exceeds $50,000.
The Act provides that the restricted acts described in bullets c) and d) do not apply if the disposition, liability, or expenditure was included in the most recent budget adopted by Council prior to Nomination Day. Any expenses exceeding $50,000 that were not included in the 2022 Budget cannot be approved by Council for the remainder of the Term.
As part of the approval of Report CLK 03-22, staff recommended that delegated authority be
provided to the Chief Administrative Officer (CAO) for two of the restricted acts during the Lame Duck period. Accordingly, Council enacted Bylaw #7934/22 on May 24, 2022 which provides authorization to the CAO for the disposition of real or personal property of the municipality which a value exceeding $50,000 provided the disposition does not exceed $500,000 per occurrence. The
By-law provides further authority to the CAO to make expenditures outside those already included
in the 2022 Budget and such expenditure cannot exceed $500,000 per occurrence. With the determination that Pickering Council is now Lame Duck, By-law #7934/22 is now in effect. A copy of the By-law is included as Attachment #2 to this Memo.
In addition to the delegated authority to the CAO, By-law #7934/22 contains provisions that
require the CAO to notify the current Council, on an ongoing basis, in writing, of any exercise of
the delegated authority. The By-law further requires the CAO to report to the new Council within the first quarter of the first year of the new term, on all uses of the delegated authority.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
Susan Cassel
Attachment Attachment #1 – Report CLK 03-22
Attachment #2 – By-law 7934/22
August 19, 2022 Page 2 of 2 Notice of Lame Duck and Restricted Act under the Municipal Act
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Attachment #1
Report to
Executive Committee
Report Number: CLK 03-22
Date: May 2, 2022
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Restricted Acts after Nomination Day (Lame Duck Period)
-Delegation of Authority under Section 275 of the Municipal Act
-File: A-1440
Recommendation:
1. That Report CLK 03-22, regarding Restricted Acts after Nomination Day (Lame Duck
Period), Delegation of Authority under Section 275 of the Municipal Act, be received;
2. That the draft By-law, included as Attachment #1 to Report CLK 03-22, be approved and
brought forward for enactment at the May 24, 2022 Meeting of Council; and,
3. That the appropriate City of Pickering officials be authorized to take the necessary
actions as indicated in this Report.
Executive Summary: Section 275 of the Municipal Act, 2001, S.O. 2001, c. 25, (the
“Act”), provides for restrictions on the actions that municipal councils can take, in the period
leading up to an election, when it can be ascertained that the new incoming council will include
less than three-quarters of the members of the outgoing council. This is commonly referred to
as the “Lame Duck Period”.
The lame duck determination is made in two different scenarios during the election period:
1. After nomination day (August 19, 2022), but before voting day (October 24, 2022), the
determination shall be based on the nominations to the new council that have been
certified and any acclamations made to the new council; and,
2. After voting day, the determination shall be based on the declaration of the results of the
election including declarations of election by acclamation.
If it is determined that Council is in a Lame Duck Period, for the remainder of the term of
Council, Pickering City Council will be restricted from certain acts as set out in Section 275 of
the Act. To that end, staff are seeking approval of a By-law to give delegated authority to the
Chief Administrative Officer (CAO) for some of these restricted acts.
Financial Implications: There are no financial implications associated with this Report,
however, the exercise of the delegated authority described in the attached By-law will have
financial implications as described in the Discussion section of this Report.
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 2
Discussion: City of Pickering Council is comprised of seven Members, and the
new incoming Council for the 2022-2026 Term will also consist of seven Members. As noted
above, Section 275 of the Act states that the authority of the current Council will be subject to
certain restrictions if the new incoming council will include less than three-quarters of the
Members of the outgoing Council. Three-quarters of the City’s seven Member Council equals
six.
On Nomination Day (August 19, 2022), if it can be determined with certainty, based on the
certified nominations and any acclamations to the new Council, that less than six of the
outgoing Members will be returning, the restricted acts under Section 275 of the Act will apply.
This could also be the case after Election Day (October 24, 2022) when, based on the
election results, it is certain that less than six of the outgoing Members will be returning.
(Note: This situation will have fewer implications, as there are no Council meetings scheduled
after Voting Day until the inaugural meeting of the new Council, which is scheduled for
November 21, 2022).
Restricted Acts under Section 275 of the Municipal Act
The following are the four restricted acts during a Lame Duck Period:
a) the appointment or removal from office of any officer of the municipality;
b) the hiring or dismissal of any employee of the municipality;
c) the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal; and,
d) making any expenditures or incurring any other liability which exceeds $50,000.
Section 275(4) of the Act provide that clauses c) and d) do not apply if the disposition or
liability was included in the most recent budget adopted by Council before Nomination Day in
the Election.
Section 275(4.1) states that nothing prevents a municipality taking any action in the event of an
emergency (emergency meaning that as defined under the Emergency Management and Civil
Protection Act, R.S.O. 1990, c. E.9).
Section 275(6) states that nothing prevents any person or body exercising any authority of a
municipality that is delegated to the person or body prior to Nomination Day for the election of
the new council.
Delegated Authority for Restricted Acts during a Lame Duck Period
This report is presented to Council to seek approval of delegated authority for the CAO for the
disposition of real or personal property, and for certain expenditures outside those already
approved in the 2022 Current and Capital Budgets should a Lame Duck Period be in effect.
Delegation of authority during a Lame Duck Period is a common practice among municipalities
in Ontario, and is put in place to ensure business continuity, efficient management, and the
ability to respond to urgent situations, where additional expenditures not approved in the most
recent budget, may be required. As outlined in the attached draft By-law (Attachment #1), the
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 3
proposed delegation of authority is subject to certain limitations in that expenditures for the
disposition of land and any other expenditures or liabilities not included in the 2022 Budget are
subject to a limit of $500,000 per expenditure. It should also be noted that the proposed
delegation of authority only comes into effect once a Lame Duck Period has been ascertained
by the City Clerk and Council has been notified of same. The delegation of authority would end
when the Council-elect is deemed to be organized at the November 21, 2022 Inaugural
Meeting. Where no Lame Duck Period exists, the By-law would have no effect.
At the time of writing this report, the Town of Whitby and the Region of Durham already have
lame duck delegation by-laws or policies in place, and Clarington, Oshawa, and Ajax are all
considering the delegation of authority to their CAO’s should a Lame Duck Period come into
effect in those municipalities for the 2022 Municipal Election. Several other municipalities in
the Greater Toronto Area and beyond had already enacted delegation By-laws prior to the
2018 municipal election, and these were all reviewed as part of the research undertaken for
this Report.
Of the restricted acts outlined in Section 275 of the Act, only those acts in clauses c) and d)
require the delegation of authority to the CAO. The following provides an overview of each of
the restricted acts and the provisions that will be needed should a Lame Duck Period be in
effect:
a) the appointment or removal from office of any officer of the municipality:
The appointment or removal from office of any officer of the municipality applies only to
statutory positions (Clerk, Fire Chief, Chief Building Official and Treasurer). Section 23.3(1)
of the Act, prohibits the delegation of the power to appoint or remove from office an officer
of the municipality and therefore, this is not a restricted act that can be delegated. Should a
statutory position be vacated during a Lame Duck Period, Council would be prohibited from
appointing an individual to such position. That said, the statutory positions of Clerk, Fire
Chief, Chief Building Official, and the Treasurer, have Deputies already appointed to act in
their place should a vacancy occur.
b) the hiring or dismissal of any employee of the municipality:
Under By-law 7780/20, a By-law outlining the duties and responsibilities of the CAO, the
CAO has the authority to hire and discharge all employees, except for the above-noted
statutory positions. As a consequence, no delegation of authority is required for this
restricted act.
c) the disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal:
Most dispositions of real or personal property require Council approval. Real estate
transactions sometimes arise throughout the year, and cannot all be anticipated when the
annual budget is approved. It is therefore recommended the CAO be delegated authority to
approve such dispositions, on an as needed basis, with a limit of $500,000 per occurrence.
Dispositions of real or personal property exceeding $500,000 will not be possible during the
Lame Duck Period.
Original Signed By: Original Signed By:
Susan Cassel Paul Bigioni
City Clerk Director, Corporate Services & City
Solicitor
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 4
d) making any expenditures or incurring any other liability which exceeds $50,000:
Any expenditures that have not been approved in the 2022 Budget, and need to be
incurred during the Lame Duck Period, could not be approved by Council if the expenditure
or liability exceeds $50,000. It is therefore recommended that the CAO be delegated the
authority to approve such transactions, on an as needed basis, with a limit of $500,000 per
occurrence. Some examples of unexpected expenditures could include, but are not limited
to:
i. approval of additional/overage costs associated with a construction project award
already approved by Council;
ii. the approval of a transfer of funds from reserves for project overages in accordance
with the Financial Control Policy, in conjunction with the Treasurer; or,
iii. unexpected expenditures of an urgent nature, such as due to a major storm event,
that have not been included in the 2022 Budget.
Staff recommend a limit of the delegated authority to $500,000 per expenditure/liability based
on the delegation by-laws of several other municipalities. It should be noted, however, that
some municipalities have chosen to give their CAOs unlimited delegated authority for Lame
Duck Periods.
The attached draft By-law contains a provision requiring the CAO to notify the current Council,
on an ongoing basis, in writing, of any exercise of the delegated authority. The By-law also
requires the CAO to report to the new Council within the first quarter of the first year of the new
term, on all uses of the delegated authority.
Staff recommend that Council enact the attached By-law to facilitate ongoing operation and
administration of the City during a possible Lame Duck Period.
Attachments:
1. Draft By-law to authorize the delegation of authority to the CAO for certain acts during a
Lame Duck Period for the 2022 Municipal Election.
Prepared By: Approved/Endorsed By:
CLK 03-22 May 2, 2022
Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 5
Approved/Endorsed By:
Original Signed By:
Stan Karwowski
Director, Finance & Treasurer
SC:sc
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report CLK 03-22
The Corporation of the City of Pickering
By-law No. XXXX/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a. the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b. in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2. The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
________________________________
________________________________
By-law No. XXXX/22 Page 2
3. The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4. The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
David Ryan, Mayor
Susan Cassel, City Clerk
Attachment #2
The Corporation of the City of Pickering
By-law No. 7934/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a. the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b. in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2. The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
_____________________________ ___
_____________________________ ___
By-law No. 7934/22 Page 2
3. The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4. The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
Original Signed By
David Ryan, Mayor
Original Signed By
Susan Cassel, City Clerk
Attachment #2 to Report CAO 01-23
The Corporation of the City of Pickering
By-law No. 7934/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a. the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b. in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2. The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
________________________________
________________________________
By-law No. 7934/22 Page 2
3. The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4. The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
Original Signed By
David Ryan, Mayor
Original Signed By
Susan Cassel, City Clerk
-~of
P](KER]NG
Attachment #3 to Report CAO 01-23
CAO 77-22
Memo
To: Mayor Ryan and October 21, 2022 Members of Council
From: Marisa Carpino Chief Administrative Officer
Copy: Director, Finance & Treasurer Director, Corporate Services & City Solicitor Director, Engineering Services
Director, Operations City Clerk
Subject: Delegated Authority During “Lame Duck Period” for the 2022 Municipal Election -By-law No. 7934/22
File: A-1400-001
At the Council meeting of May 24, 2022, Council approved Report CLK 03-22 (Resolution #903/22) regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority under Section 275 of the Municipal Act that enacted By-law No. 7934/22 (see attached).
By-law No. 7934/22 sets out the following:
• Section 1 (b), “making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the
expenditure which shall be determined by the Treasurer and CAO in accordance with the
Financial Control Policy”.
• Section 2, “The Chief Administrative Officer shall notify Council in writing, for their
information, on an ongoing basis, of any exercise of delegated authority pursuant to this
By-law”.
Therefore, this memorandum will serve as written notice that, as CAO, I have exercised mydelegated authority pursuant to By-law No. 7934/22 for the following three projects:
1. Fairview Avenue Reconstruction: I have approved the tender award for Fairview Avenue Reconstruction in the amount of $406,928 (net of HST rebate). The net project cost exceeds the Council approved budget of $310,000 in
the amount of $96,928. As per the attachment memorandum dated October 19, 2022 that awards
Tender No. T2022-10, Finance has confirmed there are sufficient funds available in the Stormwater Management Reserve Fund to cover this over-expenditure.
2. CHDRC Pool Bleacher Replacement: I have approved the award for the CHDRC Pool Bleacher Replacement in the amount of $144,245
(net of HST rebate). The net project cost exceeds the Council approved budget of $77,000 in the
amount of $67,245. As per the attachment memorandum dated October 20, 2022, this over-expenditure is largely being addressed by additional grant funding in the amount of $63,396 from the Ontario Trillium Foundation. The balance of this over-expenditure in the amount of $3,849 will be covered by the City’s Rate Stabilization Reserve. Please note that this bid was procured
through the Canoe Procurement Group (cooperative buying group), of which the City of Pickering
is a member.
3. Brock Ridge Community Park Parking Lot:
I have approved the award of consulting services to Sabourin Kimble & Associates Ltd. (SKA) for
Brock Ridge Community Park Parking Lot in the amount of $82,575 (net of HST rebate). In accordance with Section 10.03 of the Purchasing Policy (PUR 10), the services of a particular consultant may be selected without going through a competitive process; where the funds are available in the approved budget and the project cost of a consulting service assignment is
expected to be above $50,000 is subject to the additional approval of Council. Since Council
is unable to provide approval during current lame duck restrictions, I have exercised my delegated authority pursuant to By-law No. 7934/22 to approve this award. For more information, please see the attachment memorandum dated September 15, 2022 (which received my formal approval on October 21, 2022).
:mc
Attachment By-law No. 7934/22 Tender No. T2022-10 memo dated October 19, 2022
CHDRC Pool Bleacher Replacement memo dated October 20, 2022
Brock Ridge Community Park Parking Lot dated September 15, 2022
October 21, 2022 Page 2 of 2 Delegated authority during “Lame Duck Period” for the 2022 Municipal Election
The Corporation of the City of Pickering
By-law No. 7934/22
Being a by-law to authorize the delegation of authority to the
Chief Administrative Officer for certain acts during a “Lame
Duck Period” for the 2022 Municipal Election
Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”),
restricts Council from undertaking certain acts after either nomination day, or after the last
voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined
that the new council will include less than three-quarters of the members of the outgoing
council;
And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends
on the day the Council-elect takes office and is deemed organized in accordance with the Act;
And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any
person or body exercising any authority of a municipality that is delegated to the person or
body prior to Nomination Day for the election of the new council;
And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its
powers and duties under the Act or any other Act to a person or body, subject to the
restrictions set out in the Act;
And Whereas, to ensure the efficient and effective management of The Corporation of the City
of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates
certain authority to the Chief Administrative Officer for that period of time;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period
following Nomination Day, or Voting Day, in the year of the election when it has been
determined that a Lame Duck Period is in effect, for approval of the following matters:
a. the disposition of any real or personal property of the municipality which has a
value exceeding $50,000 at the time of disposal, provided such disposition shall
not exceed $500,000 per occurrence;
b. in addition to the authority described in Section 1. a. above, making any
expenditures or incurring any other liability that exceeds $50,000, except in those
cases where the liability was included in the most recent budget adopted by
Council before Nomination Day, provided that such expenditure or liability shall
not exceed $500,000 per occurrence and the appropriate funds are available for
the expenditure which shall be determined by the Treasurer and CAO in
accordance with the Financial Control Policy;
2. The Chief Administrative Officer shall notify Council in writing, for their information, on
an ongoing basis, of any exercise of delegated authority pursuant to this By-law;
________________________________
________________________________
By-law No. 7934/22 Page 2
3. The Chief Administrative Officer shall provide an information report to the new Council,
in the first quarter of the year following the election, setting out each use of delegated
authority pursuant to this By-law; and,
4. The authority delegated pursuant to this By-law shall only be in effect during the Lame
Duck Period.
By-law passed this 24th day of May, 2022.
Original Signed By
David Ryan, Mayor
Original Signed By
Susan Cassel, City Clerk
-~of
P](KER]NG Memo
To: Marisa Carpino October 19, 2022 Chief Administrative Officer
From: Richard Holborn
Director, Engineering Services
Copy: Director, Finance & Treasurer Manager, Capital Projects & Infrastructure Manager, Procurement
Subject: Tender No. T2022-10
-Tender for Fairview Avenue Reconstruction File: A-1440
Overview: As part of the 2022 Capital Budget -Stormwater Management, funds were approved
for the Fairview Avenue Reconstruction project (Browning Avenue to the south terminus).
Tender No. T2022-10 was issued on Thursday, August 11, 2022 and closed on Friday, September 2, 2022 with Seven (7) bids submitted. The compliant low bid submitted by IPAC Paving Limited in the amount of $378,943.35 (HST included) is being recommended for approval.
In accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is:
(c) Over $250,000, the Manager may approve the award, subject to the approval of the
Director, Treasurer, CAO and Council.
The total net project cost is $406,928.00 (net of HST rebate) and the approved budget is $310,000.00 (net of HST rebate). Additional funds in the amount of $96,928.00 (net of HST rebate) are required in order to approve Tender No. T2022-10 and the project. Due to the total net project cost being more than $50,000 over the approved budget, and due to the current lame duck
Council situation, Council does not have the authority to approve the tender. Approval at the CAO
level (delegated authority during lame duck Council) is required.
Recommendation:
1. That Tender No. T2022-10 for Fairview Avenue Reconstruction submitted by IPAC Paving
Limited in the amount of $378,943.35 (HST included) be accepted;
2. That the total gross project cost of $451,876.00 (HST included), including the tender amount, a contingency and other associated costs, and the total net project cost of $406,928.00 (net of HST rebate) be approved;
$335,348.00
Associated Costs
Geotechnical Investigation Report 8,400.00
Materials Testing 3,100.00
Hydrovac Utility Location Services 7,800.00
Utility Relocation 5,000.00
Construction Contingency (12%) 40,242.00
Sub Total -Costs $399,890.00
HST (13%) 51,986.00
Total Gross Project Cost $451,876.00
HST Rebate (11.24%) (44,948.00) Total Net Project Cost $406,928.00
Tender No. T2022-10 – Tender for Fairview Avenue Reconstruction
3. That the Director, Finance & Treasurer be authorized to fund the net project cost as approved in the 2022 Capital Budget for T2022-10 in the amount of $406,928.00 (net of HST rebate) as follows:
a) The sum of $310,000.00 to be funded by a transfer from the Stormwater Management
Reserve Fund as approved in the 2022 Capital Budget (Fairview Avenue – Reconstruction);
b) The additional sum of $96,928.00 to be funded by a transfer from the Stormwater Management Reserve Fund; and,
4. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this memo.
Financial Implications
1. Tender Amount
Tender No. T2022-10
HST (13%)
Total Gross Tender Amount
$335,348.10
43,595.25
$378,943.35
2. Estimated Project Cost Summary
3. Approved Expense Accounts
C10525.1901.01-504100 Stormwater
Management Reserve
$310,000.00 $406,928.00
Net project cost (over) under approved funds
October 19, 2022
Tender No. T2022-10 Tender for Fairview Avenue Reconstruction
($96,928.00)
Page 2 of 4
Expenditure Account Source of Funds Budget Required
Finance has confirmed there are sufficient funds available in the Stormwater Management Reserve Fund.
Discussion: As part of the 2016 Road Needs Study endorsed by Council through ENG 25-17 (Resolution #374/17), Fairview Avenue has been identified as a priority for road reconstruction and storm sewer installation. The 2016 Road Needs Study is used by staff as a resource
document for identifying and planning maintenance, rehabilitation and reconstruction strategies,
programs and projects for all Pickering roads. This project aligns with the priorities of the 2016 Road Needs Study.
Fairview Avenue has reached the end of its lifecycle. The road surface is rated as very poor, and the road base has failed. Over the years, new housing developments and infill development on
individual lots has altered the overland drainage pattern. Stormwater is now directed to the road
with no receiving storm sewer infrastructure. The project includes road reconstruction, the installation of a storm sewer system, and complete boulevard restoration.
Tender No. T2022-10 was issued on Thursday, August 11, 2022 and closed on Friday, September 2, 2022 with seven bidders responding. The compliant low bid submitted by IPAC Paving Limited
in the amount of $378,943.35 (HST included) is recommended for approval. The total gross
project cost is estimated at $451,876.00 (HST included), with an estimated total net project cost of $406,928.00 (net of HST rebate).
References for IPAC Paving Limited and their Waste Management Plan have been reviewed and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The City’s Health &
Safety Policy form, and a current Clearance Certificate issued by the Workplace Safety &
Insurance Board has been submitted to the City by IPAC Paving Limited. The Certificate of Insurance has been reviewed by the Division Head, Finance and is deemed acceptable. In conjunction with the contractor’s previous work experience in Pickering, the tender is deemed acceptable.
Upon careful examination of all tenders and relevant documents received, the Engineering
Services Department recommends acceptance of the compliant low bid submitted by IPAC Paving Limited for Tender No. T2022-10 in the amount of $378,943.35 (HST included), and that the total net project cost of $406,928.00 (net of HST rebate) be approved.
Due to the ongoing concerns and new business practices related to the COVID-19 pandemic,
Engineering Services and Corporate Services staff will work with IPAC Paving Limited, to ensure
that proper procedures and protocols are in place to provide a safe work environment for Pickering residents, the contractor, sub-contractors, and City staff.
October 19, 2022 Page 3 of 4
Tender No. T2022-10 Tender for Fairview Avenue Reconstruction
Prepared By: Approved/Endorsed By:
Scott Booker Richard Holborn, P. Eng. Manager, Capital Projects & Infrastructure Director, Engineering Services
Stan Karwowski, MBA, CPA, CMA
Director, Finance & Treasurer
Cathy Bazinet, CPPB, NIGP-CPP Manager, Procurement
Approval
Marisa Carpino, M.A. Chief Administrative Officer
SB:mjh
Attachment Supply & Services Memorandum dated September 6, 2022 Bid Closing Submission Summary
Location Map
October 19, 2022 Page 4 of 4
Tender No. T2022-10
Tender for Fairview Avenue Reconstruction
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Memo
To: Richard Holborn September 6, 2022 Director, Engineering Services
From: Cathy Bazinet
Manager, Procurement
Copy: Administrative Assistant, Engineering Services
Scott Booker, Manager, Capital Projects & Infrastructure, Engineering Services
David Lo, Coordinator, Infrastructure Design
Subject: Tender No. T2022-10
Tender For Fairview Avenue Reconstruction Closed: Friday, September 2, 2022 – 2:00pm File: F-5400-001
Tender No. T2022-10 was advertised on the City’s bids&tenders portal on August 11, 2022. Seven (7) companies have submitted a bid for this project.
A copy of the Bid Closing Submission Summary is attached. Tenders shall be irrevocable for 90 days after the official closing date and time.
IPAC Paving Limited is the compliant low bid at a value of $335,348.10 (excl. of HST).
Pursuant to Appendix B – RFT Particulars, item E. Pre-Condition of Award (page 18 of 22), the following documentation will be requested of IPAC Paving Limited for your review. Please advise if Supply & Services is to proceed with collecting the following documentation:
(a) Performance Bond and Labour and Materials Bond
(b) The City’s certificate of insurance or approved alternative form completed by the Bidder’s agent, broker or insurer; (c) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (d) A copy of the City’s Health and Safety Policy form currently dated and signed;
(e) Waste Management Plan.
A budget of $309,999.00 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions.
In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST.
As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or
tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is:
c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council
Please include the following items in your report:
1. If item (a) is acceptable to Engineering Services 2. if Item (b) is acceptable to the Division Head, Finance 3. if Items (c) and (d) noted above are acceptable to the Co-ordinator, Health & Safety or
designate, if required; 4. if Item (e) is acceptable to Engineering Services; 5. if the list of subcontractors is acceptable to Engineering Services; 6. any past work experience with low bidder IPAC Paving Limited including work location; 7. without past work experience, if reference information is acceptable to Engineering
Services; 8. the appropriate account number(s) to which this work is to be charged; 9. the budget amount(s) assigned thereto; 10. Treasurer’s confirmation of funding; 11. related departmental approvals; and
12. related comments specific to the project.
After receiving Council approval, an approved requisition will be required to proceed.
Enquiries can be directed to the City’s bids&tenders portal for the unofficial bid results.
Bidders will be advised of the outcome in due course.
If you require further information, please feel free to contact me.
CB
Page 2
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To: Marisa Carpino October 20, 2022 Chief Administrative Officer
From: Sarah Douglas-Murray Director, Community Services
Copy: Director, Finance & Treasurer Director, Operations Division Head, Operations Services
Manager, Facilities Maintenance Manager, Aquatics & Fitness
Subject: CHDRC Pool Bleacher Replacement -Trillium Grant Funding Reallocation File: O-8320
The existing bleachers located on the pool deck at the Chestnut Hill Developments Recreation
Complex (CHDRC) are at end of life and in need of replacement. Funding to complete this work was included in the Council-approved 2022 Capital budget and contingent on grant support. The City secured grant funding from the Ontario Trillium Foundation, but product costs have increased since the budget was originally set. Additional funding will be required in order to award this work. Staff contacted the Ontario Trillium Foundation and confirmed that the savings on other projects
funded by the same grant can be used to offset the cost of the bleacher replacement.
Bids for replacement of the bleachers were obtained through the Canoe Procurement Group, for which the City is a member. Only one vendor provided a quote. Subject to receipt and approval of all required documents, the low bid submitted by Creative Sports Solutions in the amount of $129,750.00 (excluding HST) is recommended for approval. The total gross project cost is
estimated to be $160,178.00 and the total net project cost is estimated at $144,245.00 (net of HST rebate).
Financial Implications:
1. Tender Amount
Tender Amount $129,750.00
HST (13%) 16,867.50
Total Gross Tender Cost $146,617.50
2. Estimated Project Costing Summary
Tender Amount $129,750.00
Construction Contingency (~10%) 12,000.00
Total Project Cost $141,750.00
HST (13%) 18,428.00 Total Gross Project Costs $160,178.00 HST Rebate (11.24%) (15,933.00)
Total Net Project Cost $144,245.00
3. Approved Source of Funds -Community Centres Capital Budget
Approved Code Source of Funds Funds Available Funds Required
504100-C10230.2201 Ontario Trillium Grant $52,000.00 $52,000.00
504100-C10230.2201 Rate Stabilization 25,000.00 25,000.00
504100-C10230.2201 Ontario Trillium Grant 0.00 63,396.00
504100-C10230.2201 Rate Stabilization 0.00 3,849.00
Total $77,000.00 $144,245.00
Project Cost under (over) approved funds by ($67,245.00)
As reflected above, the project is over budget by 87.33 percent or $67,245.00. This over expenditure is being addressed by additional funding from the Ontario Trillium Grant and staff have included an email (attachment #2) that supports this decision. The CAO has the authority under By-Law 7934/22 to approve the over expenditure.
Discussion: The Council-approved 2022 Capital budget included a $77,000.00 (net HST rebate) allocation for the replacement of the existing pool bleachers on the pool deck at the CHDRC. A sum of $52,000.00 (net HST rebate) of the overall budget was subject to securing
funding from the Ontario Trillium Foundation, as part of a broader application including other
projects at the same facility. Grant funding has since been secured and must be spent by March 2023.
A single bid was obtained through the Canoe Procurement Group, of which the City is a member. The bid submitted by Creative Sports Solutions exceeds the approved budget. A total of four
projects are funded by the same Ontario Trillium Foundation grant which supports the bleacher
replacement project. The City has confirmed that savings on the other projects can be used to offset overages on this project. Anticipated lead-time for the delivery of materials is twelve to fifteen weeks, making it essential that the work be awarded promptly.
October 20, 2022 Page 2 of 3 CHDRC Pool Bleacher Replacement
Subject to receipt and approval of all required documents, the low bid submitted by Creative Sports Solutions in the amount of $129,750.00 (HST included) is recommended for approval. The
total gross project cost is estimated to be $160,178.00 and the total net project cost is estimated
at $144,245.00 (net of HST rebate).
Attachments:
1. Letter from the City of Pickering Requesting Reallocation, dated September 21, 2022 2. Email form the Ontario Trillium Foundation Approving Reallocation, dated September 26, 2022
Prepared By: Approved/Endorsed By:
Sarah Douglas-Murray Director, Community Services
Approval
Marisa Carpino, M.A.
Stan Karwowski Director, Finance & Treasurer
Chief Administrative Officer
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October 20, 2022 Page 3 of 3 CHDRC Pool Bleacher Replacement
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Attachment 1
Community Services Department
VIA EMAIL
September 21, 2022
Benny Min
Project Manager
Ontario Trillium Foundation
30 Wellington Street West
5th Floor
Toronto, Ontario, M5L 1E2
Subject: Trillium Grant Funding
-Re-allocation of Funds
File: O-8200
Please accept this letter as written request to re-allocate funding, originally allocated within the
Community Building Fund Capital Grant CC117616.
Submitted within the initial grant application were a total of four projects. Of these four projects, the
O’Brien Arena Skate Tile Replacement project has been completed. This project had an approved
budget of $205,000.00 of which $146,000.00 was grant funded. This project was completed at a cost
of $114,024.00 ($128,847.12 inclusive of HST) and is under budget by $76,152.88. The Pool
Bleachers Replacement project has an approved budget of $77,000.00 of which $52,000.00 is grant
funded. Current pricing to complete this project has come in at $129,750.00 ($145,617.50 inclusive of
HST) and is over budget by $68,617.50.
At this time I request that $68,617.50 be re-allocated from the Construction / Renovation OTF Budget
Category to the Fixed Equipment OTF Budget category. This would offset the overage within the Pool
Bleachers Replacement project.
Please let me know if you require further information to support this request.
Yours truly
Kevin Hayes
Manager, Facilities Maintenance
KH:kh
Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 | T. 905.420.4620
F. 905.420.2596 | Toll Free 1.866.683.2760 | communityservices@pickering.ca | pickering.ca
Attachment 2
Slack, Alyssa
From: Marquez, Nicole
Sent: Wednesday, October 19, 2022 9:55 AM
To: Marquez, Nicole
Subject: FW: Re-Allocation Of Trillium Grant Funding
From: Benny Min <BMin@otf.ca>
Sent: Monday, September 26, 2022 2:29 PM
To: Hayes , Kevin <khayes@pickering.ca>
Cc: Douglas‐Murray, Sarah <sdouglas‐murray@pickering.ca>; Gibbs, Laura <lgibbs@pickering.ca>; 23‐11e423‐6e144‐
otfmonarch‐99c6c2ca@smartsimple.com
Subject: RE: Re‐Allocation Of Trillium Grant Funding
Hi Kevin,
My apologies for the delay in getting back to you.
I am pleased to share that your reallocation request has been approved. Please make sure you make note of this change
when it comes time to completing your Final Report, and to only include the OTF‐portion of the costs when you’re filling
out the budget. Also please remember to exclude your refundable amount of HST when reporting on your expenses.
And as always, please don’t hesitate to reach out to me if you have any questions.
Regards,
Benny
Benny Min
Program Manager | Chef de programme
Pronouns: he/him | Pronoms: il/lui
Ontario Trillium Foundation | Fondation Trillium de l’Ontario
1 800 263-2887 ext. 803
OTF Support Centre | Centre de soutien de la FTO : 1 800 263-2887 | otf@otf.ca
TTY | ATS : 416 963-7905
www.otf.ca | Twitter | Facebook | Instagram
We recognize that our work, and the work of our grantees, takes place on Indigenous territories across Ontario.
Nous reconnaissons que notre travail, ainsi que celui de nos bénéficiaires, a lieu sur les territoires autochtones dans tout l’Ontario.
Please note: The Ontario Trillium Foundation is changing its business address as of July 4, 2022 to : The Ontario Trillium Foundation
(c/o Workhaus), 30 Wellington Street West, 5th floor, Toronto ON M5L 1E2. All other contact information remains the same.
Veuillez noter que la Fondation Trillium de l'Ontario change son adresse commerciale à compter du 4 juillet 2022 : Fondation Trillium
de l'Ontario (a/s de Workhaus), 30 rue Wellington ouest, 5e étage, Toronto ON M5L 1E2. Toutes les autres coordonnées restent les
mêmes.
1
-~of
P](KER]NG Memo
To: Cathy Bazinet September 15, 2022 Manager, Procurement
From: Joe Earle Coordinator, Parks Capital Assets
Copy: Director, Operations Division Head, Operations Services Manager, Parks & Property
Subject: Brock Ridge Community Park Parking Lot -Consulting Services -APT #2210334 File: O-8320
That Sabourin Kimble & Associates Ltd. (SKA) be retained to provide consulting and design
services for Brock Ridge Community Park Parking Lot in the amount of $82,575 (excluding HST) as provided for in the Purchasing Policy.
Background: Brock Ridge Community Park is a busy park hosting multiple baseball diamonds and soccer fields in the heart of Pickering. The parking lot improvements are needed due to the high use and poor condition of the asset. Brock Ridge Community Park contains a dry stormwater
pond which collects overflow water through a swale which runs through the center of the parking lot and dissipates into local creek as designed. Occasional flooding of this parking lot area due to flash flooding has caused safety issues for the public and staff in the past.
Rationale for Award: SKA are well known in the regions as parks and landscape consultants for design, preparation of working drawings, assisting with the tender process, and construction
administration for similar types of projects. City staff have had an excellent experience with them in the past and trust that the work will be completed within the expected timelines and within approved budgets.
As per Section 10.03 of the Purchasing Policy, the Manager may obtain the services of a particular consultant selected by the initiating Director without going through a competitive
process.
In accordance with the Purchasing Policy, where the funds are available in the approved budget and the project or annual cost of a consulting or professional service assignment is expected to
be:
c) Above $50,000 is subject to the additional approval of Council. The initiating Director shall submit the Report to Council to obtain approval.
The proposed expenditure of $82,575 (excluding HST) falls within these limits.
As part of the approval of Report CLK 03-22, staff recommended that delegated authority be
provided to the Chief Administrative Officer (CAO) for two of the restricted acts during the Lame Duck period. Accordingly, Council enacted Bylaw #7934/22 on May 24, 2022 which provides authorization to the CAO for the disposition of real or personal property of the municipality which a value exceeding $50,000 provided the disposition does not exceed $500,000 per occurrence. The
By-law provides further authority to the CAO to make expenditures outside those already included
in the 2022 Budget and such expenditure cannot exceed $500,000 per occurrence. With the determination that Pickering Council is now Lame Duck, By-law #7934/22 is now in effect.
Prepared/Endorsed By: Approved By:
Joe Earle Cathy Bazinet Coordinator, Parks Capital Assets Manager, Procurement
Vince Plouffe, OAA, RAIC Stan Karwowski Division Head, Operations Services Director, Finance & Treasurer
Brian Duffield Director, Operations
VP/je
Attachment SKA Proposal, dated July 29, 20222
September 1, 2022 Page 2 of 2 Brock Ridge Community Park Parking Lot -Consulting Services