HomeMy WebLinkAboutOctober 11, 2011
Citq o~ Executive Committee Meeting
Agenda
Tuesday, October 11, 2011
PICKERI Council Chambers
7:30 pm
Chair: Councillor O'Connell
(1) Matters for Consideration Pages
1. Director, Community Services, Report CS 33-11 1-7
Tender No. T-8-2011
-Asphalt Overlay for Charlotte Circle and William Street
Recommendation
1. That Report CS 33-11 of the Director, Community Services regarding the
tender for Asphalt Overlay for Charlotte Circle and William Street be received;
2. That Tender No.T-8-2011 as submitted by IPAC Paving Limited in the amount
of $79,049.60 (HST included) and a net cost of $71,186.61 (net of HST
rebate) be approved;
3. That the total gross project cost of $94,304 (HST included), including the
tender amount and other associated costs, and the total net project cost of
$84,924 (net of HST rebate) be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the project as follows:
a) the sum of $84,924 be funded from Federal Gas Tax Reserve Fund, as
provided for in the 2011 approved Roads Capital Budget for Charlotte
Circle and William Street;
b) the Treasurer is authorized to take any actions necessary in order to
effect the foregoing; and
5. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
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Email: Irobe rtse.citvofpickerina.com
Citq co Executive Committee Meeting
Agenda
Tuesday, October 11 , 2011
PI KERI Council Chambers
7:30 pm
Chair: Councillor O'Connell
2. Director, Community Services, Report CS 34-11 8-16
Tender for Supply & Delivery of One Single Person
Operated Side Load Garbage Packer
-Tender No. T-14-2011
Recommendation
1. That Report CS 34-11 of the Director, Community Services regarding the
supply and delivery of One Single Person Operated Side Load Garbage
Packer be received;
2. That Tender No.T-14-2011, as submitted by Nexgen Municipal Inc. for the
supply and delivery of One Single Person Operated Side Load Garbage
Packer in the amount of $124,004.29 (HST extra) be accepted;
3. That the total gross cost of $140,690 and a net cost of $126,696 be
approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the project as follows;
a) that the sum of $125,000 be financed by the issue of debentures
through the Regional Municipality of Durham for a period not exceeding
five (5) years, at a rate to be determined;
b) that the balance of $1,696 plus issuing costs be funded from property
taxes;
c) that the financing and repayment charges in the amount of
approximately $27,500 be included in the annual Current Budget for the
City of Pickering commencing in 2012 and continuing thereafter until the
loan is repaid;
d) that the Treasurer be authorized to make any changes, adjustments,
and revisions to amounts, terms, conditions or take any actions
necessary in order to effect the foregoing; and,
5. That the draft by-law attached to this report be enacted;
City o4 Executive Committee Meeting
Agenda
PI ~ Tuesday, October 11 , 2011
Council Chambers
KERI
7:30 pm
Chair: Councillor O'Connell
6. That the appropriate City of Pickering Officials be authorized to take
necessary action to give effect thereto.
3. Director, Community Services, Report CS 35-11 17-26
Tender for Asphalt and Concrete Repairs
-Tender T-13-2011
Recommendation
1. That Report CS 35-11 of the Director, Community Services regarding the
Tender for Asphalt and Concrete Repairs be received;
2. That Tender T-13-2011 as submitted by Pencon Construction Canada Corp.
for Asphalt and Concrete Repairs in the total tendered amount of
$293,636.15 (HST included) and a net cost of $264,428.45 be accepted;
3. That the total gross project cost of $311,038 (HST included), including the
tender amount and other associated costs and the total net project cost of
$280,099 be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the project as follows:
a) that the sum of $120,000, as provided for in the 2011 approved Current
Budget for Roads - Maintenance Asphalt & Concrete Repair Program,
be funded from property taxes;
b) that the sum of $20,000, as provided for in the 2011 approved Capital
Budget for Sidewalk - Kingston Road at Brock Road, be funded from
property taxes;
c) that the sum of $20,796, as provided for in approved 2011 Capital
Budget for the Sidewalk - Kingston Road at Glendale, be funded from
the Federal Gas Tax Grant;
d) that the sum of $22,000, as provided for in the Current Budget for
Development Control - Road Maintenance Asphalt & Concrete Works,
be funded from other revenues collected from fees and charges
required and related to building permits and cash-in-lieu;
City 00 Executive Committee Meeting
Agenda
Tuesday, October 11 , 2011
PI KE I Council Chambers
7:30 pm
Chair: Councillor O'Connell
e) that the sum of $27,411 for the Transit Bus Pads be funded by a
recovery from Durham Region Transit;
f) that the sum of $13,610 for Sidewalks - Granite Court at Sandstone
Manor be funded by a recovery from Purdue Pharma;
g) that the over-expenditures in the amount of $35,552 be funded from the
2011 Capital Contingency account and $20,730 be recovered from other
revenue and, if necessary, from contingency; and,
5. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
4. Director, Community Services, Report CS 38-11 27-30
Waterfront Trail Enhancements at the
Duffin Creek Water Pollution Control Plant
Recommendation
That Report CS 38-11 of the Director, Community Services regarding the
Waterfront Trail Enhancements at the Duffin Creek Water Pollution Control Plant
be received for information.
5. Director, Corporate Services & Treasurer, Report CST 31-11 31-62
Purchasing Policy
Recommendation
1. That Report CST 31-11 of the Director, Corporate Services & Treasurer
regarding the Purchasing Policy be received;
2. That Purchasing By-law No. 5900/01 be repealed and the attached
Purchasing Policy be adopted; and,
3. That the appropriate staff of the City of Pickering be given authority to give
effect hereto.
Cis o4 Executive Committee Meeting
Agenda
Tuesday, October 11 , 2011
PI CKERI Council Chambers
7:30 pm
Chair: Councillor O'Connell
6. Chief Administrative Officer's Report, CAO 16-11 63-65
2011 Toys for Tickets/Food for Fines Promotion
Recommendation
1. That parking tickets issued between December 1 - 16, 2011 be eligible for
the Toys for Tickets/Food for Fines promotion, and
2. That the Toys for Tickets / Food for Fines Promotion be implemented for
December 15 and 16, 2011.
(II) Other Business
(III) Adjournment
Report To
Executive Committee
PT 1CKERI Report Number CS 33-11
Date: October 11, 2011
From: Everett Buntsma
Director, Community Services
Subject: Tender No. T-8-2011
- Asphalt Overlay for Charlotte Circle and William Street
- File: A-1440
Recommendation:
1. That Report CS 33-11 of the Director, Community Services regarding the tender
for Asphalt Overlay for Charlotte Circle and William Street be received;
2. That Tender No.T-8-2011 as submitted by IPAC Paving Limited in the amount of
$79,049.60 (HST included) and a net cost cf $71,186.61 (net of HST rebate) be
approved;
3. That the total gross project cost of $94,304 (HST included), including the tender
amount and other associated costs, and the total net project cost of $84,924 (net
of HST rebate) be approved;
4. That Council authorize the Director, CorporF to Services & Treasurer to finance
the project as follows:
a. that the sum of $84,924 be funded from Federal Gas Tax Reserve Fund,
as provided for in the 2011 approved Roads Capital Budget for Charlotte
Circle and William Street;
b. the Treasurer is authorized to take ary actions necessary in order to effect
the foregoing; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Executive Summary: As part of the 2011 Roe ds Capital Budget, asphalt overlays
to complete the 2010 resurfacing projects for Charlotte Circle and William Street were
approved as construction projects. Tender No.T-8 2011 was issued on Wednesday,
August 17, 2011 and closed Wednesday, September 7, 2011, with eight bidders
responding. The low bid of $79,049:60 (HST included) submitted by IPAC Paving
Limited is recommended for approval. The total gross project cost is estimated at
$94,304 (HST included) with an estimated total net project cost of $84,924 (net of HST
rebate).
Report CS 33-11 October 11, 2011
Subject: Tender No. T-8-2011
02 Asphalt Overlay for Charlotte Circle and William Street
Page 2
Financial Implications:
1. Tender Amount
Tender No. T-8-2011 $69,955.40
HST (13%) 9,094.20
Sub-Total 79,049.60
HST Rebate (11.24%) (7,862.99)
Total $71,186.61
2. Approved Source of Funds
Roads Capital Budget
Location Project Source of Funds Budget Required
Code
William Street 5320.1110 Federal Gas Tax $60,000 $58,010
Charlotte Circle 5320.1112 Federal Gas Tax 35,000 26,914
$95,000 $84,924
3. Estimated Project Costing Summa
William Street Charlotte Circle
Tender No. T-8-2011 47,730 22,225 69,955
Materials Testing 3,000 2,000 5,000
Miscellaneous Costs 1,500 - 1,500
Construction Contingency 4,776 2,224 7,000
Sub Total -Costs 57,006 26,449 83,455
HST (13%) 7,411 3,438 10,849
Total Gross Project Costs 64,417 29,887 94,304
HST Rebate (11.24%) (6,407) 2( ,973) (9,380)
Total Net Project Costs 58,010 26,914 $84,924
Net Project Costs (over) under Approved Funds $10,076
Sustainability Implications: This project will allow for improving the roadway and
vehicular flow in this area. The new road works wil reduce maintenance costs for the
next several years.
CORP0227-07/01 revised
Report CS 33-11 October 11, 2011
Subject: Tender No. T-8-2011 03
Asphalt Overlay for Charlotte Circle and William Street
Page 3
Background: As part of the 2011 Roads Capital Budget, asphalt overlays to
complete the 2010 resurfacing projects for Charlotte Circle and William Street were
approved as construction projects. Tender No. T-3-2011 was issued on Wednesday,
August 17, 2011 and closed Wednesday, September 7, 2011, with eight (8) bidders
responding. The low bid submitted by IPAC Paving Limited is recommended for
approval. The total gross project cost is estimated at $94,304 (HST included) with an
estimated total net project cost of $84,924 (net of HST rebate). The references for
[PAC Paving Limited have been checked and are deemed acceptable by the
Supervisor, Engineering & Capital Works. The Health & Safety Policy, proof of
Confined Space Entry Training and a list of employees trained, a current WSIB
Workplace Injury Summary Report and Certificate of Clearance issued by Workplace
Safety & Insurance Board as submitted by IPAC Paving Limited, have been reviewed by
the Coordinator, Health & Safety and deemed acceptable. The Certificate of Insurance
has been reviewed by the Manager, Finance & Taxation and is deemed acceptable. In
conjunction with staff's review of the contractor's previous work experience, check of
references submitted and the bonding available on this project, the tender is deemed
acceptable.
Upon careful examination of all tenders and relevant documents received, the
Community Services Department, Engineering Services Division recommends
acceptance of the low bid submitted by IPAC Paving Limited for Tender No. T-8-2011 in
the amount of $79,049.60 (HST included) and that the total net project cost of $84,924
be approved.
The City's Purchasing Policy requires staff to report to Council on the results of a public
tender. In accordance with Purchasing Policy Item 04.07 (revised 2007), a tender is
subject to Council approval.
Attachments:
1. Location Map
2. Supply & Services Memo Dated September 7, 2011
CORP0227-07/01 revised
Report CS 33-11 October 11, 2011
Subject: Tender No. T-8-2011
i 4 Asphalt Overlay for Charlotte Circle and William Street
Page 4
Pre ared By: Approved/Endorsed By:
D r Selsky Everett Buntsma
S pervisor, Engineering & Capital Works Director, Community Services
Vera A. Felgemacher Gillis Paterson, CMA
CSCMP, CPPO, CPPB, C.P.M., CMM III Director, Corporate Services & Treasurer
Manager, Supply & Services
Caryn Kong, CGA Ric rd Holbo n, P. Eng.
Senior Financial Analyst Div' ion Head, Engineering Services
Capital & Debt Management
DS:ds
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Y C O un '1
?.6, 201
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
City o0 ATTACHMENT # 1 to REPORT # CS 33-11
ill 1 of l
ENGINEERING SERVICES DIVISION
Attachment for Tender T-8-2011
Asphalt Overlay Charlotte Circle and William Street
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Location Map William Street
Proposed Construction Includes:
Charlotte Circle - The proposed works to include; a small amount of asphalt
base repair, adjustments to basins and manholes, install permanent concrete
curb and gutter around basins, final lift of top asphalt and pavement markings
from Bronte Square, to Bronte Square (beginning and end).
William Street - The proposed works to include; a large amount of base asphalt
repair, adjustment to basins and manholes (permanent roll curb is already in
place), final lift of top asphalt and pavement markings from north of David Street
to Brock Road.
. fO REPORT# CS , S3-)l
1 a.
PICKERING
Memo
1811 BICENTENNIAL 2011
To: Richard Holborn September 7, 2Q11,
Division Head, Engineering Services
RECEIVED
From: Vera A. Felgemacher
Manager, Supply & Services SEP 8 2011
Copy: Supervisor, Engineering & Capital Works CITY OF PICKERING
ENGINEERING SERVICES
Subject: Tender No. T-8-2011
Tender for Asphalt Overlay Charlotte Circle and William Street
- File: F-5400-001
Tenders have been received for the above project. An advertisement was placed in the Daily
Commercial News and on the City's website inviting companies to download the tendering
documents and drawings for the above mentioned tender. Eight (8) bidders submitted a tender
for this project.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit
prices and extensions unit prices shall govern and extensions will be corrected accordingly,
which has been done.
All deposits other than the low three bidders may be returned to the applicable bidders as
provided for by Purchasing Procedure No. PUR 010-001, Item 10.03(w). Three (3) bids have
been retained for review at this time.
Copies of the tenders are attached for your review along with the summary of costs.
SUMMARY
Harmonized Sales Tax Included
Bidder Total Tendered Amount After Calculation Check
Ipac Paving Ltd. $79,049.60 $79,049.60
Four Seasons Site Development Ltd. $80,350.91 $80,350.91
C. Valley Paving Ltd. $106,599.68 $106,599.68
D. Crupi & Sons Ltd. $121,790.27 $121,790.27
Miller Paving Ltd. $131,853.65 $131,853.65
Royalcrest Paving $131,981.74 $131,981.74
Aloia Bros. Concrete Contractors Ltd. $142,238.75 $142,238.75
Ashland Paving Ltd. $144,340.93 $144,340.93
~C)REPORT 33'11
a of
Pursuant to Information to Bidders Item 28, the following will be requested of the low bidder for
your review during the evaluation stage of this tender call. Please advise when you wish us to
proceed with this task.
J7
(a) A copy of the Health and Safety Policy to be used on this project;
(b) A copy of the current Workplace Injury Summary Report issued by Workplace
Safety & Insurance Board (in lieu of the Workplace Injury Summary Report
document, a copy of the current CAD 7, NEER, or MAP reports may be .
submitted);
(c) A copy of the current Clearance Certificate issued by Workplace Safety &
Insurance Board;
(d) Proof of compliance with amended Confined Space Entry Regulations
(September 30, 2006). Copies of certified Training and Procedures to be used
on this project;
(e) A list of employees trained in the confined space entry procedure who will be
working on this project;
(f) The City's certificate of insurance or approved alternative form completed by
the bidder's agent, broker or insurer;
(g) list of Sub-Contractors in accordance with General Conditions Item 37;
(h) Waste Management Plan to be used on this project in accordance with
Tendering Specifications Item 18.
Please include the following items in your Report to Council:
(a) if items (a) through (e) noted above, are acceptable to the Co-ordinator, Health &
Safety;
(b) if item (f) - Insurance - is acceptable to the Manager, Finance &Taxation;
(c) any past work experience with the low bidder Ipac Paving Ltd. including work location;
(d) without past work experience, if reference information is acceptable;
(e) the appropriate account number(s) to which this work is to be charged;
(f) the budget amount(s) assigned thereto;
(g) Treasurer's confirmation of funding;
(h) related departmental approvals; and
(i) related comments specific to the project.
Please do not disclose any information to enquiries except you can direct them to the City's
website for the unofficial bid results as read out at the public tender opening. Bidders will be
advised of the outcome in due course.
If yo require further information, please feel free to contact me or a member of Supply &
Se ces.
VAF/jg
Attachments
September 7, 2011
Tender No. T-8-2011 Page 2
Tender for Asphalt Overlay Charlotte Circle and
William Street
Report To
Executive Committee
PI CKERI Report Number: CS 34-11
0 8 Date: October 11, 2011
From: Everett Buntsma
Director, Community Services
Subject: Tender for Supply & Delivery of One Single Person Operated Side Load
Garbage Packer
- Tender No. T-14-2011
- File: A-1440
Recommendation:
1. That Report CS 34-11 of the Director, Community Services regarding the supply
and delivery of One Single Person Operated Side Load Garbage Packer be
received;
2. That Tender No.T-14-2011, as submitted by Nexgen Municipal Inc. for the supply
and delivery of One Single Person Operated Side Load Garbage Packer in the
amount of $124,004.29 (HST extra) be accepted;
3. That the total gross cost of $140,690 and a net cost of $126,696 be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the project as follows;
(a) that the sum of $125,000 be financed by the issue of debentures through
the Regional Municipality of Durham for a period not exceeding five (5)
years, at a rate to be determined;
(b) that the balance of $1,696 plus issuing costs be funded from property
taxes;
(c) that the financing and repayment charges in the amount of approximately
$27,500 be included in the annual Current Budget for the City of Pickering
commencing in 2012 and continuing thereafter until the loan is repaid;
(d) that the Treasurer be authorized to make any changes, adjustments, and
revisions to amounts, terms, conditions or take any actions necessary in
order to effect the foregoing; and,
5. That the draft by-law attached to this report be enacted;
Report CS 34-11 October 11, 2011
Subject: Supply & Delivery of One Single Person Operated Page 2
Side Load Garbage Packer Tender No. T-14-2011 , 9
6. That the appropriate City of Pickering Officials be authorized to take necessary
action to give effect thereto
Executive Summary: The City of Pickering currently utilizes a fleet of equipment to
perform a wide range of road maintenance activities. A replacement for the oldest
Garbage Packer was approved in the 2011 Capital Budget. The tender for this project
was advertised on the City's website and one vendor responded.
Upon review, the vehicle that meets the City's requirements and specifications is being
recommended.
Financial Implications:
1. Tender Amount
Tender No. T-14-2011 One Single Person $124,004.29
Operated Side Load Garbage Packer
HST (13%) 16,120.56
Total Gross Tender Cost $140,124.85
HST Rebate (11.24%) 13 938.08
Total Net Tender Cost $126,186.7
2. Approved Source of Funds
011 Parks Capital Budge
t
Item Account Code Source of Funds Budget Re uired
One Single Person Side 5780.1104.6158 Debt - 5 Years $130,000 $125,00
Load Garbage Packer
Property Taxes 1,69
Total Funds $130,000 $126,69
CORP0227-07/01 revised
Report CS 34-11 October 11, 2011
ri 9'
01
Subject: Supply & Delivery of One Single Person Operated Page 3
Side Load Garbage Packer Tender No. T-14-2011
3. Estimated Project Costing Summa
Tender No. T-14-2011 One Single Person $124,004
Operated Side Load Garbage Packer
Licence Fees & Associated Costs 500
Total Cost $124,504
HST (13%) 16,186
Total Gross Cost $140,690
HST Rebate (11.24%) (13,994)_
Total Net Cost $126,696
4. Project Cost under (over) approved funds by $3,304
The Director, Corporate Services and Treasurer has updated the City's 2011 Annual
Repayment Limit and certified that this loan and the repayment thereof falls within the
City's Annual Repayment Limit for debentures and financial obligations, and would not
cause the City to exceed the updated Limit, and therefore, the Ontario Municipal Board
approval is not required prior to City Council's authorization.
Sustainability Implications: Not Applicable
Background: The purchase of One Single Person Operated Side Load Garbage
Packer was identified and approved by Council in the 2011 Roads Capital Budget.
Supply & Services posted the tender on the City's website. One bidder responded and
has submitted a tender for this vehicle. Upon careful examination of the tender
received, it has been determined that all of the required specifications have been met.
It is therefore the recommendation of the Community Services Department that the bid
submitted by Nexgen Municipal in the amount of $124,004 (HST extra) be accepted
and that the total net cost of $126,696 be approved.
Attachments:
1. Summary memo from Supply & Services
2. Record of Tenders Opened and Checked
3. Being a by-law to authorize the supply and delivery of One (1) Single Person
Operated Side Load Garbage Packer in the City of Pickering and the issuance of
debentures therefor in the amount of $125,000
CORP0227-07/01 revised
Report CS 34-11 October 11, 2011
Subject: Supply & Delivery of One Single Person Operated Page 4
Side Load Garbage Packer Tender No. T-14-2011
Prepared By: Approved/Endorsed By:
Grant Smith Everett Bu sm
Manager, unicipal Operations Director,
& Fleet Se ices Community Services Department
Vera A. Felge acher Gillis A. Paterson, CMA
C.P.P., CPPO, CPPB, C.P.M., CMM III Director, Corporate Services &
Manager, Supply & Services Treasurer
Caryn Kong, CGA
Senior Financial Analyst-Capital &
Debt Management
GS:nw
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering ty Con 'I
2ol(
2-7,
T. Prevedel P.Eng
Chief Administrative Officer
CORP0227-07/01 revised
i l
,
CS
C Attachment # To Report #
PICKERING Memo
of~
iwi BICENTENNIAL 2011
To: Everett Buntsma September 1, 2011
Director, Community Services
From: Vera A. Felgemacher
Manager, Supply & Services
Copy: Manager, Municipal Operations & Fleet Services
Subject: Tender No. T-14-2011
- Tender for the Supply & Delivery of One (1) Single Person Operated Side Load
Garbage Packer
- File: F-5400-001
Tenders have been received for the above project. An advertisement was placed on the City's
website inviting companies to download the tendering documents for the above mentioned
tender. One (1) bidder submitted a tender for this project.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit
prices and extensions unit prices shall govern and extensions will be corrected accordingly,
which has been done.
A copy of the tender is attached for your review along with the summary of costs.
SUMMARY
Harmonized Sales Tax Included
Bidder Total Tendered Amount After Calculation Check
Nexgen Municipal Inc. $140,124.85 $140,124.85
Please include the following items in your Report to Council:
(a) any past work experience with Nexgen Municipal Inc.;
(b) without past work experience, if reference information is acceptable;
(c) the appropriate account number(s) to which this work is to be charged;
(d) the budget amount(s) assigned thereto;
(e) Treasurer's confirmation of funding;
(f) related departmental approvals; and
(g) related comments specific to the project.
Please do not disclose any information to enquiries except you can direct them to the City's
website for the unofficial bid results as read out at the public tender opening. Bidders will be
advised of the outcome in due course.
If you require further information, please feel free to contact me or a member of Supply &
Services. j
Attachment# ToReport# C5`,g4- i/
VAF/bk Of o .
Attachments
September 1, 2011
Tender No. T-14-2011 - Supply & Delivery of One Page 2
(1) Single Person Operated Side Load Garbage
Packer
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f tai+ f 3. t rI'REP0RT# CS
The Corporation of the City of Pickering
By-law No.
Being a by-law to authorize the supply and
delivery of One Single Person Operated Side
Load Garbage Packer in the City of Pickering
and the issuance of debentures therefor in
the amount of $125,000
Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier
municipality may pass by-laws respecting matters within the spheres of jurisdiction
described in that Section; and,
Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a
municipality may incur a debt for municipal purposes, whether by borrowing money or in
any other way; and,
Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a
lower-tier municipality in a regional municipality does not have the power to issue
debentures; and,
Whereas The Regional Municipality of Durham has the sole authority to issue
debentures for the purposes of its lower-tier municipalities including The Corporation of
the City of Pickering (the "City"); and,
Whereas the Council of the City wishes to proceed with the supply and delivery of One
Single Person Operated Side Load Garbage Packer; and,
Whereas before the Council of the City authorized the supply and delivery of One Single
Person Operated Side Load Garbage Packer, the Council of the City had the Treasurer
update the City's Annual Repayment Limit, the Treasurer calculated the estimated
annual amount payable in respect of such project and determined that such annual
amount would not cause the City to exceed the updated limit and, therefore, Ontario
Municipal Board approval was not required prior to City Council's authorization as per
Section 401 of the Municipal Act, 2001, as amended, and the regulations made
thereunder;
And whereas after determining that Ontario Municipal Board approval is not required,
the Council of the City approved Report CS 34-11 on the date hereof and awarded
Tender T-14-2011 for the supply and delivery of One Single Person Operated Side
Load Garbage Packer
rtE~~,~~r~ es
By-law No. Page 2
16
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the City proceed with the supply and delivery of One Single Person Operated
Side Load Garbage Packer;
2. That the estimated costs of the project in the amount of $126,696 be financed as
follows:
a) That the sum of $125,000 be financed by the issue of debentures by The
Regional Municipality of Durham over a period not to exceed five (5) years;
b) That the balance of $1,696 be funded from property taxes;
3. That the funds to repay the principal and interest of the debentures be provided for
in the annual Current Budget for the City commencing in 2012 and continuing
thereafter until the loan is repaid.
By-law read a first, second and third time and finally passed this 17 day of October,
2011.
David Ryan, Mayor
Debbie Shields, City Clerk
City Report To
Executive Committee
ANOAant*,
I KERI Report Number: CS 35-11
Date: October 11, 2011
From: Everett Buntsma
Director, Community Services
Subject: Tender for Asphalt and Concrete Repairs
- Tender T-13-2011
- File: A-1440
Recommendations:
1. That Report CS 35-11 of the Director, Community Services regarding the Tender for
Asphalt and Concrete Repairs be received;
2. That Tender T-13-2011 as submitted by Pencon Construction Canada Corp. for
Asphalt and Concrete Repairs in the total tendered amount of $293,636.15 (HST
included) and a net cost of $264,428.45 be accepted;
3. That the total gross project cost of $311,038 (HST included), including the tender
amount and other associated costs and the total net project cost of $280,099 be
approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance the
project as follows:
a) that the sum of $120,000, as provided for in the 2011 approved Current Budget
for Roads - Maintenance Asphalt & Concrete Repair Program, be funded from
property taxes;
b) that the sum of $20,000, as provided for in the 2011 approved Capital Budget for
Sidewalk - Kingston Road at Brock Road, be funded from property taxes;
c) that the sum of $20,796, as provided for in approved 2011 Capital Budget for the
Sidewalk - Kingston Road at Glendale, be funded from the Federal Gas Tax
Grant;
d) that the sum of $22,000, as provided for in the Current Budget for Development
Control - Road Maintenance Asphalt & Concrete Works, be funded from other
revenues collected from fees and charges required and related to building
permits and cash-in-lieu;
Tort CS 35-11 October 11, 2011
Subject: Tender for Asphalt and Concrete Repairs
Tender T-13-2011 Page 2
e) that the sum of $27,411 for the Transit Bus Pads be funded by a recovery from
Durham Region Transit;
f) that the sum of $13,610 for Sidewalks - Granite Court at Sandstone Manor be
funded by a recovery from Purdue Pharma;
g) that the over-expenditures in the amount of $35,552 be funded from the 2011
Capital Contingency account and $20,730 be recovered from other revenue and,
if necessary, from contingency; and,
5. That the appropriate City of Pickering officials be authorized to take necessary
action to give effect thereto.
Executive Summary: As part of the 2011 Current Budget and Capital Budget,
various municipal maintenance projects were approved in association with the supply
and installation of concrete and asphalt products. Tender T-13-2011 was issued on
Wednesday, August 17, 2011 and closed on Wednesday, August 31, 2011 with three
(3) bidders responding. The total gross project cost is estimated to be $311,038 and an
estimated net cost of $280,099 (net of HST rebate).
Financial Implications:
1.
Tender Amount
T-13-2011 $259,855.00
HST (13%) 33,781.15
Sub-Total 293,636.15
HST Rebate (11.24%) (29,207.70)
Total $264,428.45
Report CS 35-11 October 11, 2011
Subject: Tender for Asphalt and Concrete Repairs 19
Tender T-13-2011 Page 3
2.
Source of Funds
Capital and Current Budgets
Location Project Code Source of Funds Budget Required
Available
Roads Repairs & 2320.2408.0002 Property Taxes $120,000 $151,814
Maintenance - Asphalt &
Concrete Repair Program
Sidewalks - Kingston Rd 2323.5981.0000 Property Taxes 20,000 23,738
at Brock Rd
Sidewalks - Kingston Rd 5323.1101.6250 Federal Gas Tax 20,796 20,796
at Glendale Dr Grant
Development Control - 2613.2407.0000 Other Revenue 22,000 42,730
Various Asphalt & (fees and charges) $182,796 $239,078
Concrete Works
Third Party Recoverable
Durham Transit - 3290.0001 Region of Durham 27,411 27,411
Transit Bus Pads
Sidewalks - Granite Court 5325.1103.6181 Purdue Pharma 13,610 13,610
at Sandstone Manor $223,817 $280,099
Additional Funding
Asphalt & Concrete Repair Contingency 35,552
Program and
Sidewalks - Kingston
Road at Brock Road
Development Control - Other Revenue or 20,730
Various Asphalt and Contingency
Concrete Works
$280.099 $2$D.,M
Total
Report CS 35-11 October 11, 2011
20
Subject: Tender for Asphalt and Concrete Repairs
Tender T-13-2011 Page 4
3.
Estimated Project Costing Summary
T-13-2011 - Tender for Asphalt & Concrete Repairs
City of Pickering Portion $233,955
Durham Region Transit Portion - Bus Pads 25,900
259,855
Associated Costs
Traffic Signal Loop reinstatement (Major Oaks Road) 5,000
Construction Contingency (4%) 10,400
15,400
Total $275,255
HST (13%) 35,783
Total Gross Project Cost $311,038
HST Rebate (11.24%) (30,939)
Total Net Project Cost 12001M
Under/(Over) Budget $(56,282)
The total estimated net project cost has exceeded the approved budget by $56,282, out
of which $31,814 relates to Roads - Asphalt & Concrete Repair Program, $3,738 to
Sidewalks - Kingston Road at Brock Road, and $20,730 to Development Control -
Various Asphalt and Concrete Works. The provision for Roads maintenance projects
represents the annual contracted asphalt and concrete repairs on City roads and
sidewalks. This year, a larger quantity of curb and sidewalk repairs were identified to
be completed than in prior years due to a backlog in general repairs. These two factors
contributed to the increased funds required for the maintenance projects.
The over expenditures of $35,552 will be funded from the City's Contingency Account.
The $20,730 from Development Control - Various Asphalt & Concrete Works is 100%
recoverable from revenues collected from services required and related to building
permits and cash in lieu.
Report CS 35-11 October 11, 2011
Subject: Tender for Asphalt and Concrete Repairs - ,
Tender T-13-2011 Page 5
Sustainability Implications: This project will allow for the provision of new sidewalk
construction along major arterial routes, thus improving pedestrian mobility. A regional
request for the installation of concrete transit bus pads will further promote the use of
public transit. The roadway and sidewalk improvements will eliminate trip hazards and
unsafe walking conditions, encouraging the use of City streets and sidewalks.
Background: Annual maintenance programs requiring the supply of materials and
labour for the repair of roads, curbs and sidewalks are included in the tender for asphalt
and concrete repairs. Similar to last year's program, additional concrete and asphalt
projects were incorporated in an effort to retain cost efficiencies. Additions include
capital sidewalk installation projects: Kingston Road at Brock Road; Kingston Road at
Glendale Drive, Granite Court at Sandstone Manor; and, Durham Transit bus pads at
various locations throughout Pickering.
This tender also includes two components that will be fully recoverable from Third
Parties. These two components are: Sidewalks - Granite Court at Sandstone Manor
and Durham Transit Bus Pads, each will be recoverable from Purdue Pharma and
Durham Region Transit respectively.
As previously indicated, the roads maintenance portion of the tender exceeds the
approved budget. Through their annual sidewalk inspection program, Operations staff
have identified the need to remove and replace numerous sidewalk locations as a
means of reducing the associated potential liability claims from slip, trip and fall
accidents. The additional cost will be funded from the City's Contingency account.
Tender No. T-13-2011 was issued on Wednesday, August 17, 2011 and closed on
Wednesday, August 31, 2011 with three (3) bidders submitting a bid. The low bid was
submitted by Pencon Construction Canada Corp. References provided by Pencon
Construction Canada Corp. have been checked and are deemed acceptable by the
Manager, Municipal Operations & Fleet Services. The Health & Safety Policy, current
WSIB Council Amendment to Draft #7 (CAD-7), Certificate of Clearance issued by
Workplace Safety & Insurance Board, proof of compliance with Confined Space Entry
Regulations, copies of certified training and procedures, list of employees trained in
confined space entry procedures as submitted by Pencon'Construction Canada Corp.
have been reviewed by the Coordinator, Health & Safety and deemed acceptable. The
Certificate of Insurance has been reviewed by the Manager, Taxation and is deemed
acceptable. In conjunction with staff's review of the contractor's previous work
experience, check of references submitted and the bonding available on this project,
the tender is deemed acceptable.
t Report CS 35-11 October 11, 2011
i1
Subject: Tender for Asphalt and Concrete Repairs
Tender T-13-2011 Page 6
Upon careful examination of all tenders and relevant documents received, the
Community Services Department, the Planning & Development Department and
Durham Region Transit recommends the acceptance of the low bid submitted by
Pencon Construction Canada Corp. for Tender No. T-13-2011 in the amount of
$293,636.15 (HST included) and that the total net project cost of $280,099 be
approved.
Attachments:
1. Supply & Services Memorandum dated Aug 31, 2011
2. Email dated September 13, 2011 from Durham Region
Prepared By: Approved / Endorsed By:
r
e
rant SAIM Evere ntsma
Manager, Municipal Operations Director, Community Services
& Fleet S rvices
Vera A. Felg acher Gillis A. Paterson
CSCMP, CP O, CPPB, C.P.M., CMM III Director, Corporate Services & Treasurer
Manager, Supply & Services
& Lz-%A~
Caryn Kong
Senior Financial Analyst
Capital and Debt Management
M P/nw
Co : Chief Administrative Officer
Recommended for the consideration
of Pickering Cit Council
Z 7, 2-0
x'"
Tony Prevedel, P.Eng.
Chief Administrative Officer
Attachment# To Report# 1
"I
Hof _
PICKERING Memo
1811 BICENTENNIAL 2011
To: Everett Buntsma August 31, 2011
Director, Community Services
From: Vera A. Felgemacher
Manager, Supply & Services
Copy: Manager, Municipal Operations & Fleet Services
Coordinator, Roads & Infrastructure
Manager, Development Control
Supervisor, Engineering & Capital Works
Subject: Tender No. T-13-2011
Tender for Asphalt and Concrete Repairs
- File: F-5400-001
Tenders have been received for the above project. An advertisement was placed in the Daily
Commercial News and on the City's website inviting companies to download the tendering
documents for the above mentioned tender. Three (3) bidders submitted a tender for this
project.
Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit
prices and extensions unit prices shall govern and extensions will be corrected accordingly,
which has been done.
Copies of the tenders are attached for your review along with the summary of costs.
SUMMARY
Harmonized Sales Tax Included
Bidder Total Tendered Amount After Calculation Check
Pencon Construction Canada $293,636.15 $293,636.15
Corp. -
Royalcrest Paving & Contracting $348,203.85 $348,203.85
Ltd.
Automatic rejection - Bid not completed in ink.
Aloia Bros. Concrete Reference: Purchasing By-law No. 5900-01, Procedure
Contractors Ltd. No. PUR 010-001, 10.04, Item 7-(3); Information-to
Bidders - Pages 3, 4, and 5, Items 14, 25, and 26.
Pursuant to Information to Bidders Item 27, the following will be requested of the low bidder for
your review during the evaluation stage of this tender call. Please advise if you would like us to
proceed with this task.
a) A copy of the Health and Safety Policy to be used on this project;
b) A copy of the current Workplace Injury Summary Report issued by Workplace
Safety & Insurance Board (in lieu of the Workplace Injury Summary Report
document, a copy of the current CAD 7, NEER, or MAP reports may be
submitted);
c) A copy of the current Clearance Certificate issued by Workplace Safety &
Insurance Board;
d) Proof of compliance with amended Confined Space Entry Regulations
(September 30, 2006). Copies of certified Training and Procedures to be used
on this project;
e) A list of employees trained in the confined space entry procedure who will be
working on this project; and
f) The City's certificate of insurance or approved alternative form completed by
the bidder's agent, broker or insurer.
Please include the following items in your Report to Council:
(a) if items (a) through (e) noted above, are acceptable to the Co-ordinator, Health &
Safety;
(b) if item (f) - Insurance - is acceptable to the Manager, Finance & Taxation;
(c) any past work experience with the Pencon Construrction Canada Corp., including
work location;
(d) without past work experience, if reference information is acceptable;
(e) the appropriate account number(s) to which this work is to be charged;
(f) the budget amount(s) assigned thereto;
(g) Treasurer's confirmation of funding;
(h) related departmental approvals; and
(i) related comments specific to the project.
Note: Tenders shall be irrevocable for a period of sixty (60) days after the official date of
closing.
Please do not disclose any information to enquiries except you can direct them to the City's
website for the unofficial bid results as read out at the public .tender opening. Bidders will be
advised of the outcome in.due course.
If yo require further information, please feel free to contact me or a member of Supply &
Serv: es.
VAF/jg
Attachm is
August 31, 2011 Page 2
Tender No. T-13-2011
Tender for Asphalt and Concrete Repairs
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From: Pelzowski, Mike
Sent: September-22-11.8:54 AM
To: Webster, Nancy To Report#
Cc: Smith, Grant AttaChmerlt#
Subject: FW: Results Tender T-13-2011 f
Mike Pelzowski, CET
Coordinator, Roads & Infrastructure Maintenance
Contracts
Operations & Facilities Division
Community Services Department
City of Pickering WCF ,Tr_-:',-,. A~ -.,Oil
T. 905.420.4660 ext. 5227
Toll Free 1.866.683.2760
F. 905.683.8288
TTY. 905.420.1739
Cell: 905.767.6154
mpelzowski(cD-cityofpickering. com
www. cityofpickerinq. com
From: Tony Francis jmailto:Tony.Francis(odurham.cal
Sent: September-13-11 3:59 PM
To: Pelzowski, Mike
Cc: David Gooding; Felgemacher, Vera; Selsky, Darrell; Smith, Grant; Woolley, Don
Subject: Re: Results Tender T-13-20:11
Mike,
I left you a voice mail earlier but just to verify again, we have reviewed the documentation and accept the unit price of
$140/m2 for the bus stop pad construction.
Thanks, Tony
Tony Francis
Transit Contract Administrator
Durham Region Transit
Bus: (905) 571-5019 ext. 225
Fax: (905) 571-7390
"Pelzowski, Mike" <mpelzowski@cityofpickering.com> 12/09/20114:11 pm
Mr. Toni Francis
Transit Contract Administrator
Durham Region Transit Commission .
1 .
City Report To
Executive Committee,.?
PI ~KERI ~ ~
Report Number: CS 38-11
Date: October 11, 2011
From: Everett Buntsma
Director, Community Services
Subject: Waterfront Trail Enhancements at the
Duffin Creek Water Pollution Control Plant
- File: A-1440
Recommendation:
That Report CS 38-11 of the Director, Community Services regarding the Waterfront
Trail Enhancements at the Duffin Creek Water Pollution Control Plant be received for
information.
Executive Summary:
As part of the Duffin Creek Water Pollution Control Plant Stage 3 expansion, and in
compensation for the transfer of City road allowances and host community impacts, the
Regions of Durham and York have agreed to finance the cost to relocate, upgrade and
service the Linton Farmhouse, improve and pave Frisco Road, complete with a
minimum of twelve parking spaces and to implement enhancements along the
waterfront trail.
The proposed works are currently being detailed by the Region's consultant with
construction scheduled to proceed in early 2012.
Ownership of the City road allowances'affected by the plant expansion have been
transferred to the Regions.
The process to close and/or alter the south portion of Frisco Road, south of
Montgomery Park Road, to permit the construction of a multi-purpose trail to connect
with the Waterfront Trail has been initiated through discussions with the Town of Ajax
staff.
Financial Implications:
The proposed enhancements have no immediate financial impact to the City of
Pickering, other than future maintenance costs. The Regions have funded the
relocation of the Linton Farmhouse at a cost of $410,000 and have agreed to undertake
renovation and repairs to the structure as well as construct a public washroom addition
at an estimated cost of $300,000. The waterfront trail enhancement features have been
Report CS 38-11 October 11, 2011
28
Subject: Waterfront Trail Enhancements at the
Duffins Creek Water Pollution Control Plant Page 2
estimated at a cost of $668,000 and will be funded by the Regions. The work outlined
above has a total estimated value of $1,378,000.
In addition to the above enhancements, the Regions have spent approximately
$927,000 on their Greening and Biodiversity Plan, upgrades to Jodrel Road and
realignment of a section of the waterfront trail.
The total value of all enhancements committed to by the Regions is $2,305,000 which is
reflected in the Minutes of Settlement between the City of Pickering and York Region.
Sustainability Implications: The proposed trail enhancements will further encourage
Pickering's residents as well as visitors, to use our waterfront trail system.
The naturalization of a portion of Frisco Road will provide a safe passage for wildlife and
connectivity between the Duffins Marsh and area recently restored as part of the
Greening and Biodiversity Plan.
Background:
Since 2006, the City of Pickering has been working with the Regions of Durham and
York, to accommodate and implement significant expansion to the Duffin Creek Water
Pollution Control Plant. The Regions requested that the City transfer several acres of
former road allowances over which the plant expansion was proposed. Through further
discussions, the Region and City developed a Memorandum of Understanding (MOU)
that outlined commitments of both parties, including compensation to the City in the
form of community benefits for the value of the roads being transferred, and to mitigate
host community impacts.
On October 15, 2007, Council passed Resolution #197/07, to accept the terms set out
in the proposed MOU dated June 18, 2007. The Regions committed to finance the cost
to upgrade and service the relocated Linton Farmhouse, improve and pave Frisco Road
and install a minimum of twelve parking spaces and to finance and implement
enhancements along the waterfront trail east of Montgomery Park Road.
City staff prepared a concept plan of the proposed enhancements. The Waterfront
Coordinating Committee and the TRCA have reviewed and approved the plans and the
Regions of Durham and York have agreed to implement them.
Ownership of the road allowances affected by the plant expansion were transferred to
the Region of Durham and Region of York on July 28, 2011.
The Regions have retained the consulting firm of CH2MHILL to prepare detailed
drawings for tender and construction. The drawings are well underway with
CORP0227-07/01 revised
Report CS 38-11 October 11, 2011
Subject: Waterfront Trail Enhancements at the 29
Duffins Creek Water Pollution Control Plant Page 3
construction of the works scheduled to proceed in early 2012. One area that may not
be constructed at this time is the lookout area adjacent to the water pollution control
plant's storm water pond. The work proposed to increase capacity of the outfall for the
plant (currently under the EA process) may affect this area and as such, the lookout
area construction may be delayed until the EA, design and construction of a new outfall
is complete.
The proposed enhancements include the conversion of the south portion of Frisco
Road, south of Montgomery Park Road, from a travelled right-of-way to a multipurpose
trail. Frisco Road is a boundary road between the City of Pickering and the Town of
Ajax, however, it has been determined that the road allowance is entirely within the
Town of Ajax. City staff have met with Ajax staff and have not received any objection to
the proposed works. Council will be kept apprised of the process to close and/or alter
the right-of-way as may be required to be able to proceed with the construction.
Attachments:
1. Location Map
Prepared By: Approved/Endors d By:
Arnold Mostert, Coordinator Everett unts
Landscape & Parks Development Director, Community Services
/AM
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Counc#
7, 20 t(
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
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Report Number: CS 38-11 Waterfront Trail Enhancements - Duffin
SCALE: DATE: Creek Water Pollution Control Plant NTS SEP, 2011 RCXFRING
L:\MPandE\CAD Work\DPAWINGS\2011\Misc\Waterfront Trail Enhancements - Duffin Creek Water Pollution Control Plant
Report To
Executive Committee
PICKERING Report Number: CST 31-11 1
Date: October 11, 2011
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Purchasing Policy
Recommendation:
1. That Report CST 31-11 of the Director, Corporate Services & Treasurer
regarding the Purchasing Policy be received;
2. That Purchasing By-law No. 5900/01 be repealed and the attached Purchasing
Policy be adopted; and,
3. That the appropriate staff of the City of Pickering be given authority to give effect
hereto.
Executive Summary: Purchasing By-law No. 5900/01 was approved on November
5, 2001. Procurement trends and business practices have evolved and a revised
Purchasing Policy is recommended for the City. The Municipal Act, 2001, S.O. 2001
c.25, section 270(1)3 states a Municipality shall adopt and maintain policies with respect
to its procurement of goods and services. Adoption of the recommendation ensures the
City will continue to comply with the Municipal Act.
Financial Implications: The spending and approval limits for the procurement of
goods and services have been increased to correspond with price increases, market
trends and to improve corporate efficiencies. In certain instances, flexibility has been
added or increased to provide departments with more latitude where necessary to carry
on business in an efficient manner.
Sustainability Implications: The policy promotes sustainably responsible
procurement by encouraging the purchase of products and services that support
initiatives pertaining to greenhouse gas emissions, energy, waste, biodiversity, toxicity,
natural resources, product quality, water, air quality and human health.
Background: The purpose of the Purchasing Policy is to clearly state the rules
governing the acquisition of goods and services. This allows staff to conduct the
Report CST 31-11 October 11, 2011
.52
Subject: Purchasing Policy Page 2
operations of the Corporation and to pay for same subject to the financial rules and
safeguards established by the Treasurer.
Purchasing By-law No. 5900/01 was approved on November 5, 2001 and is now almost
10 years old. Procurement methods and authority levels need to be reviewed and
updated.
The policy is the result of extensive reviews of a variety of purchasing policy and
purchasing bylaws. This exercise enabled us to consider some of our current and best
business practices as well as those already being applied in other similar sized area
municipalities. Procurement trends, competitive and non-competitive purchasing
methods have changed and have been considered in the revised policy as well.
Changes in procurement law in the area of competitive bidding have also been
considered in preparing the policy. .
The authorities, methods, spending and approval limits required adjustment to operate
efficiently in keeping with proper purchasing activity of the times. The notable changes
within the expenditure limits are outlined in Attachment 2 to this report - Summary of
Changes with Revised Policy.
Appendix 1 of the policy, Exceptions, has been updated, keeping in mind those
expenditures deemed not necessary to be covered by a Purchase Order; eg utilities,
professional services, expense reimbursement, training and education. These types of
expenditures are normally covered by other means dictated by the provider, such as
registration forms, subscription order forms, expense reimbursement, utilities service
provided by another government agency or agreement by contract. Appendix 2 of the
policy, Summary of Procurement Method and Approval Authority, has been added as an
additional reference to assist staff utilizing the policy.
Single source and sole source provisions have been added to the policy to better
address and protect the City's interests when goods, services or situations arise that
require this method of procurement. A new section for Consulting and Professional
Services has been added to improve efficiencies when consulting services are required
but with added approvals and controls. A section has been added to enable the City to
not consider a tender, proposal or quotation submitted by a bidder or to exclude
participation of a bidder deemed an unsafe contracting party, documented disregard for
or violation of the City's health and safety regulations, non-compliance of the
Occupational Health & Safety Act and codes or has provided unsatisfactory
performance, an unfulfilled commitment, or litigation likely to affect the bidder's ability to
work with the City.
Confidentiality provisions have been added to the policy as related to The Municipal
Freedom of Information and Protection of Privacy Act (MFIPPA), RSO, 1990 to assist
employees and any appointed or elected official as related to unit prices paid by or
quoted for goods or services.
Report CST 31-11 October 11, 2011
U
Subject: Purchasing Policy Page 3
Meetings with City staff occurred to review and discuss the policy while in draft form and
their comments have been considered in the final policy. The Manager, Internal Audit
and Control has also reviewed the policy and provided comments, which have been
incorporated. Generally speaking, City staff expressed their appreciation for revisions in
the policy which will assist them in their operational objectives.
Considering all of the foregoing, it is important that Council also allow, through the
adoption of this report, the Treasurer the authority to make any interpretations of the
Policy, make rulings that will allow the conduct of business to proceed and to take any
actions necessary to this effect.
The policy will be posted on the City's internet and intranet. Information sessions will
also be held to introduce and explain the new policy, to the appropriate staff.
It is recommended that Purchasing By-law 5900/01 be repealed and the Purchasing
Policy attached to this report be approved.
Attachments:
1. Purchasing Policy, as revised-
2. Summary of Changes with Revised Policy
3. By-law to establish a policy governing the purchase and disposal of goods and
services
Prepared By: Approved/Endorsed By:
Vera A. Felgemacher Gillis A. Paterson, CMA
Manager, Supply & Services Director, Corporate Services & Treasurer
CSCMP, CPPO, CPPB, C.P.M., CMM III
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City ouncil
~)J~ 2.-71 Zo11
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT#1_.TOREPORT#Ss.T,-_3I-i1City Policy
I CKERIN
7Z
P01 y Title: Purchasing Policy Policy Number: PUR 010
Reference: Date Originated: Date Revised:
X November 5, 2001 September, 2011
Approval: Chief Administrative Officer Point of Contact: Manager, Supply & Services
Policy Objective
Through the City of Pickering's Corporate Priorities process, two key priorities
recognized are Financial Management and Corporate Best Practices. In light of these
stated Corporate Priorities, the City is committed to provide leadership, quality service
delivery, and the best value to our taxpayers through the provision of fair, transparent,
competitive procurement policies, procedures and processes.
The City will achieve this through efficient and professional service delivery, appropriate
commitment authority, consultation, cooperation, innovative solutions, standardization,
education and collective knowledge of products and market conditions, and
partnerships while developing and maintaining quality vendor and client relations.
Index
01 Definitions
02 Responsibilities
03 Administrative Procedures
04 Purchasing Principles
05 Sustainability Considerations
06 Authorities, Procurement Methods and Dollar Limits
07 Approvals During Council Recess
08 Third Party Contracts Related to Development
09 Single Source or Sole Source
10 Consulting and Professional Services
11 Design and Development Service
12 Emergency Purchase
13 Cooperative Purchasing
14 Purchasing Cards
15 Disposal of Surplus Assets
16 Code of Purchasing Ethics
17 Conflict of Interest
18 Prohibitions
19 Exceptions
.20 Confidentiality - Access to Information
21 Disqualification of Bidders
22 Bidder Terminated, Unsatisfactory Performance
23 Tendering Irregularities
Appendix 1 Exceptions
Appendix 2 Summary of Procurement Method and Approval Authority
01 Definitions
01.01 Acquisition - the process of obtaining goods and services.
01.02 Authority or Authorized - the right to conduct the tasks outlined in this
Policy.
01.03 Bid - an offer or submission received from a vendor in response to a
request, which may be accepted, not considered or rejected.
01.04 Bidder - the person, firm or corporation submitting an offer to the City.
01.05 Blanket Order - a type of purchase order which is an agreement between
the City and supplier to facilitate the reordering of repetitive use materials
or services for a specified term (e.g. for repairs or maintenance purposes)
and not to be used for a Capital expenditure.
01.06 Centralized Purchasing - the activities conducted by the Supply &
Services Section of the Corporate Services Department which is
responsible for the acquisition of all goods and services
01.07 Chief Administrative Officer (CAO) - the Chief Administrative Officer of the
City or a designate
01.08 City - The Corporation of the City of Pickering
01.09 Clerk - the City Clerk or a designate
01.10 Committee - a Standing Committee of Council
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01.11 Consulting and Professional Services - services requiring technical skills
provided on the basis of a defined project or undertaking to recommend
and/or assist in implementing solutions including but not limited to
supervision related to the project or undertaking
01.12 Contract - a binding agreement between two or more parties. In the
absence of any other document, a Purchase Order constitutes a contract
01.13 Contract Administrator - a person with authority to administer the terms of
a contract to oversee the work of a vendor or contractor
01.14 Cooperative Purchasing - the participation of the City with one or more
public agencies in a bid solicitation
01.15 Council - the Council of the City of Pickering
01.16 Delegate - a person given authority by the Manager to acquire pricing on
goods and services
01.17 Designate - a person authorized to act on behalf of another which may
include signing authority to purchase within prescribed limits and/or
approval authority
01.18 Director - a Director, or the Chief Administrative Officer in the capacity as
Head of the Administration Department, or designate, as head of a
department
01.19 Disposal - the selling, trading, assignment, and/or scrapping of surplus
assets
01.20 Emergency - a situation that is, in the opinion of the CAO or a Director, a
threat to public health, safety, property, life or the environment and exists
where the immediate acquisition of goods or services is essential to
prevent serious delay, injury, damage, restore basic service provided by
the City and warrants operating outside this policy or limit potential liability
01.21 Evaluation Committee - procedures may be established to
provide for an evaluation committee comprised of a minimum of
two representatives from the Client Department and one from
Supply & Services to evaluate proposals in an RFP process for
the purpose of making a recommendation
01.22 Goods and/or Services - labour, materials, products, equipment, services,
supplies, act to be done, furnished or performed by a vendor that are the
subject of the contract
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Policy Number: PUR 010
01.23 Informal Quotation - an offer received from a vendor through an informal
process in response to a request for pricing which can be on a vendor's
quotation form
01.24 Limited Purchase Order - form used to acquire items carried in inventory,
to repair and/or service a vehicle or equipment or items considered shop
sundries
01.25 Manager - the Manager, Supply & Services or a designate, under the
general direction of the Treasurer
01.26 Proposal - a written offer from a vendor in response to a written request
for proposal (RFP) which may be subject to discussion or negotiation. An
RFP process may be used when the good or services cannot be
definitively specified, where such proposals would result in specific offers
by the vendors.
01.27 Purchase Order - contract, in an approved form, issued to a vendor to
acquire goods or services, including Blanket Order and Limited Purchase
Order
01.28 Purchase Requisition - a request, in a form approved by the Manager to
acquire goods or services
01.29 Purchasing Card (PCard) - a credit card issued by the City that is used to
purchase and pay for goods and/or services subject to spending and/or
transaction limits
01.30 Quotation - a written offer received from a vendor in a form prescribed by
the Manager in response to a request for quotation (RFQ)
01.31 Responsive and Responsible Bidder - one who complies with the
instructions of the bidding document, contractual terms, conditions,
specifications and who can reasonably be expected to provide satisfactory
performance of the proposed contract based on adequate financial and
other resources, satisfactory reputation, references, and performance on
similar contracts
01.32 Real Property - lands, buildings, tenements and/or any interest, estate or
right or easement affecting same
01.33 Surety - a formal pledge lodged, or sum of money deposited, as a
guarantee against a damage or loss, non-fulfilment of an obligation, such
as a specified amount in the form of cash, certified cheque, bid bond,
agreement to bond, performance bond, labour and materials payment
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bond, letter of credit or any other approved form of collateral acceptable
and deemed necessary by the Treasurer
01.34 Single Source - where there is more than one source in the open market
but only for reasons of function or service, one vendor is recommended for
consideration of the particular goods and/or services
01.35 Sole Source - only one source of supply available for particular goods
and/or services
01.36 Standardization - the adoption of a single product or group of products to
be used by one or more departments
01.37 Systems Contract - an agreement with a supplier carrying an inventory of
specific items for the City such as office supplies, janitorial supplies, work
wear, etc.
01.38 Tender - a written offer in a form specified by Supply & Services received
from a bidder in response to a request for tender
01.39 Treasurer - Director, Corporate Services & Treasurer or a designate
01.40 Vendor - individual, firm, supplier, contractor, architect, consultant or
bidder
02 Responsibilities
02.01 Council to:
(a) Approve this policy.
(b) Actively support this Purchasing Policy.
02.02 Chief Administrative Officer to:
(a) Approve amendments to this policy for consideration by Council.
(b) Actively support the Purchasing Policy.
02.03 Treasurer to:
(a) Review amendments to this Policy made by the Manager for
consideration by the CAO and Council.
(b) Approve administrative changes to procedures required to
implement the provisions of this Policy.
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(c) When required or requested, provide final decisions in regards to
matters of interpretation and implementation of this Policy.
(d) Review and approve all award reports to ensure sufficient
budgeted funds exist to support the recommendation for
award.
(e) Approve changes to the PCard transaction limit to reflect
changes for efficiencies.
(f) Assess the potential risks by vendors providing goods or
services to determine appropriate insurance coverage and
obtain requisite proof of coverage.
02.04 Directors/Division Heads/Managers to:
(a) Actively support the Purchasing Policy.
02.05 Manager to:
(a) Recommend necessary amendments to this Policy for
consideration by the Director, Corporate Services & Treasurer and
CAO.
(b) Interpret and apply the provisions of this Policy on a day-to-
day basis.
(c) Prepare and maintain administrative procedures required to
implement the provisions throughout this Policy.
(d) Administer PCard program and procedures.
03 Administrative Procedures
03.01 This Policy shall be read in conjunction with written administrative
procedures.
04 Purchasing Principles
04.01 The Manager shall:
(a) Be responsible for the provision of services for the acquisition and
disposal of goods or services required by the City.
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Policy Number: PUR 010
(b) Arrange for the procurement by purchase, rental or lease of the
required quality and quantity of goods or services in an efficient and
cost-effective manner.
(c) Ensure the greatest value for the City by exercising professional
purchasing practices, free from influence and interference, and
encourage open, fair, transparent and competitive bidding and
where practical, sustainable practices.
(d) Promote acceptance of bids based on total acquisition and life
cycle cost, or in the case of a service, the preferred or best level of
service, rather than the lowest bid received.
(e) Provide for the appropriate level of delegated commitment authority
to enable clients to meet service level expectations.
(f) Assist in the facilitation, comparison and assessment of alternate
service delivery options.
05 Sustainability Considerations
05.01 Staff shall:
(a) Consider, and where appropriate include, one or more of the
following matters when preparing specifications for the acquisition of
goods and services :
i. reducing greenhouse gas emissions
ii. protecting indoor and outdoor air quality
iii. improving energy, fuel and water efficiencies
iv. improving biodiversity
v. protecting the quality and/or quantity of ground and surface
water systems
vi. minimizing packaging and waste
vii. making efficient use of natural resources, and using sustainable
harvesting or extraction practices, including Forest Stewardship
Council (FSC) certified papers
viii. giving preference to high quality durable materials that can be
repaired and/or upgraded
ix. requiring materials that contain reusable parts, and/or that are
made from renewable, compostable or recyclable materials or
can be taken back for recycling
X. reducing or eliminating hazardous or toxic substances
xi. minimizing human health impacts
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Policy Number: PUR 010
05.02 The Manager shall:
(a) Encourage sustainable purchasing practices and promote the
use of and utilize the G.I.P.P.E.R's Guide - Governments
Incorporating Purchasing Practises which are Environmentally
Responsible - as part of the awareness of environmentally
responsible procurement to address sustainability objectives.
06 Authorities, Procurement Methods and Dollar Limits
06.01 The Manager and Treasurer shall have the authority and responsibility to
operate a centralized purchasing program on behalf of the City.
06.02 The Manager shall have the authority to negotiate terms or conditions of a
contract or agreement as deemed necessary.
06.03 The Manager, Treasurer or delegates shall have the authority to sign
contracts, agreements and any other documents on behalf of the City with
third parties for the acquisition, delivery and maintenance of goods or
services acquired in accordance with this Policy.
06.04 Dollar limits (Canadian funds) include all costs of acquisition including
delivery, custom fees and duties, disposal surcharges, and any other fees,
charges or costs, but exclude HST.
06.05 The Manager, with the approval of the appropriate Director for the
employee concerned, may delegate to an employee all or part of the
authority to purchase up to an amount of $1,000 on the understanding the
employee promotes the objectives of this Policy.
06.06 The Manager may recommend a bidder for the acquisition of goods or
services upon such terms and conditions as he or she deems appropriate
consistent with the requirements of this policy (summarized in Appendix
2).
06.07 The Manager shall have the discretion to review pricing and
processes undertaken to ensure compliance with this policy.
06.08 Pricing for goods or services over $1,000 and up to $3,000 not
covered by a contract, service or blanket order may be obtained by
the Manager or other staff. A minimum of one informal quote is
required, and must accompany a purchase requisition.
06.09 Pricing for goods or services over $3,000 and up to $5,000 not
covered by a contract, service or blanket order may be obtained by
the Manager or other staff. Three informal quotes, where possible,
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Policy Number: PUR 010
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are required. A recommendation is subject to the approval of the
appropriate level of authority and quotes must accompany a
purchase requisition.
06.10 Pricing for goods or services over $5,000 and up to $30,000 not
covered by a contract, service or blanket order, shall be obtained by
the Manager. Three informal quotes, where possible, are required.
06.11 Pricing for goods or services with an estimated total price over
$30,000 shall be obtained by the Manager. The Manager shall
determine when a Request for Proposal, Request for Quotation or
Tender is the most appropriate method to acquire goods or services
and shall solicit a minimum of three proposals, quotations or
tenders if possible. Advertising is at the discretion of the Manager
but an estimated value over $100,000 shall be advertised.
06.12 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:
(a) Over $30,000 and up to $75,000, the Manager may approve
the award, subject to consultation with the appropriate
Director and confirmation of financing by the Treasurer.
(b) Over $75,000 and up to $125,000, the Manager may
approve the award, subject to the approval of the Director,
Treasurer and the CAO.
(c) Over $125,000, the Manager may approve the award,
subject to the approval of the Director, Treasurer, CAO and
Council.
06.13 Revenue generating proposals for services are subject to the
approval of Council prior to the Manager awarding the contract.
06.14 Goods or services obtained by sealed public tender shall be
advertised or by invitation from a list of qualified bidders, or a
combination thereof. Tendering documents shall be issued and
opened in public at a specified date and time. Tenders that are late,
illegible, unsigned, contain insufficient deposit, contain uncertified
cheques, are incomplete or do not include a deposit, bond or surety,
shall be rejected. The terms and conditions of the deposit, bond or
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surety are subject to the approval of the Treasurer. The Manager
and appropriate Director shall jointly recommend a tendering award.
06.15 The Manager shall ensure that all recommendations dealing with the
award of a quotation, proposal or tender contains the appropriate funding
statement from the Treasurer.
06.16 Authorities and responsibilities shall be applied and administered having
regard to the provisions of the Corporate Financial Control Policy and
approved Signing Authorities.
06.17 If a bid has been approved by Council and awarded to the selected Bidder
and the selected Bidder fails to enter into a contract, the Manager shall be
granted the authority to proceed to the next lowest responsive and
responsible Bidder or the next highest evaluated responsive and
responsible proponent for a proposal call, for the award of this contract,
without going back to Council for approval, providing there are no bid
irregularities, requirements remain unchanged and the new contract is
within budget. The approval shall be obtained from the appropriate
Director, Treasurer and CAO. The Director shall prepare a report to
Council for information purposes for the next scheduled Committee and
Council meeting.
07 Approvals During Council Recess
07.01 The Chief Administrative Officer is authorized to act on behalf of Council
in approving an award of a project, and the Treasurer is authorized to
approve financing for same, during any recess, break or absence of
Council on the condition that:
(a) The project is in a budget approved by Council;
(b) Such actions are in compliance with the Purchasing Policy and the
Financial Control Policy;
(c) The project is not debt financed; and
(d) A report respecting those approvals is subsequently submitted to
Council.
08 Third Party Contracts Related to Development
08.01 City works and services being completed through a Third Party contract
identified in a subdivision, development, or site plan agreement are
exempt from the requirements of the Purchasing Policy and may proceed
without a purchase order, without a report to Council and without other
requirements typical of work contracted by the City where:
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(a) Funding has been approved in the budget;
(b) Funding is not debt financed;
(c) Works are identified in approved plans and/or defined in the
Developer's Agreement; and
(d) Works are being completed by the developer's contractor.
09 Single Source or Sole Source
09.01 The Manager is authorized to make single or sole source purchases,
without competitive bids and enter into a contract if any of the following
conditions apply.
09.02 Excludes Section 10, Consulting and Professional Services.
09.03 Single Source - examples
(a) In an emergency.
(b) A fluctuating market prevents the Manager from obtaining price
protection or owing to market conditions, the required goods or
services are in short supply.
(c) Bids have been solicited and no responsive bid has been received
or bids fail to comply with the specifications or conditions, or the
lowest bid received exceeds the estimated cost and it is impractical
to recall.
(d) The extension or reinstatement of an existing contract would prove
most cost effective or beneficial. The extension shall not exceed
one year.
(e) Goods are required for resale and the determining criteria are
marketability and profitability, eg. Museum, promotional items.
(f) The nature of the requirement would not be in the public interest to
solicit competitive bids as in the case of security or confidentiality.
(g) Due to market conditions or unexpected circumstances, required
goods or services are in short supply.
09.04 Sole Source - examples
(a) Competition is precluded because of the existence of a sole source,
patent rights, copyrights, secret processes, control of basic raw
material or similar circumstances.
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Policy Number: PUR 010
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(b) A component or replacement part is involved for which there is no
substitute.
(c) Compatibility with an existing product is the overriding
consideration.
(d) The purchase involves goods or services for which there is no
reasonable substitute or competitive product.
(e) Supply of which is controlled by a vendor with a monopoly.
(f) Purchase of goods in a commodity market.
(g) Work to be performed on or about a leased building or
portions thereof that may be performed only by the lessor.
(h) Work to be performed on property by a contractor according
to provision of a warranty or guarantee held in respect of the
property or the original work.
(i) For a contract to be awarded to the winner of a design
contest.
(j) Original works of art.
(k) Purchase of real property.
09.05 The appropriate Director shall summarize the rationale for a single or sole
source request in a memo to the Manager.
09.06 A single source or sole source purchase up to $10,000 is subject to
the approval of the Manager.
09.07 A single source or sole source purchase over $10,000 and up to
$30,000 is subject to the approval of the Manager and the Director.
09.08 A single source or sole source purchase over $30,000 and up to
$125,000 is subject to the approval of the Manager, Director,
Treasurer and the CAO.
09.09 A single source or sole source purchase exceeding $125,000 is
subject to Council approval.
09.10 The Manager and appropriate Director or designate is authorized to
enter into negotiations without competitive bids and enter into a
contract if deemed advantageous.
Policy Title: Purchasing Policy Page 12 of 25
Policy Number: PUR 010
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10 Consulting and Professional Services
10.01 Notwithstanding the provisions of this Policy, which covers the acquisition
of goods or services, the acquisition of Consulting and Professional
Services shall be conducted in accordance with the provisions of this
section.
10.02 Consulting and Professional Services will be acquired on a "quality
based selection" methodology rather than only the lowest price.
10.03 Where the project or annual cost of a consulting or professional
service assignment is expected to be less than $30,000 and the
funds are available in the approved budget, the Manager may
obtain the services of a particular consultant selected by the
initiating Director without going through a competitive process.
10.04 Where the project or annual cost of a consulting or professional
service assignment is expected to be more than $30,000 the
Manager shall obtain written proposals in accordance with
procedures set out in Section 06 and:
(a) An award up to $50,000 is subject to the approval of the
Treasurer and the CAO.
(b) An award over $50,000 is subject to the additional approval of
Council.
10.05 Where the project or annual cost of a consulting or professional
service assignment is expected to be more than $30,000 and the
initiating Director intends to acquire the services without obtaining
written proposals, the Director shall submit a report to Council to
obtain approval to engage the services of a particular consultant.
10.06 A purchase order is required to confirm the consulting agreement.
11 Design and Development Service
11.01 Where design or specification development is required, the vendor
providing it shall be considered a consultant and contracted as such. The
design or specifications shall become the property of the City for use in
obtaining competitive bids.
11.02 A vendor providing design, services, consulting or specifications shall be
advised up front they will not be permitted to submit pricing or bid in the
competitive process for the requirement if a competitive advantage or
Policy Title: Purchasing Policy Page 13 of 25
Policy Number: PUR 010
conflict or interest is deemed to exist. The CAO and Director, Corporate
Services & Treasurer will provide a final determination on this matter.
11.03 Where the design and end product is part of the same requirement or
project, the scope of work will be combined and procured as one project in
a competitive method.
12 Emergency Purchase
12.01 In an emergency situation the Manager shall, on the approval of the
appropriate Director, obtain such goods and services as are necessary to
respond to the emergency. If the purchase amount exceeds $5,000, the
Director must notify the Treasurer at the earliest possible time. If the
purchase amount exceeds $50,000, the Treasurer and the CAO shall be
notified and the Director shall submit a report of the incident to the
appropriate Committee and Council at the earliest possible time.
13 Cooperative Purchasing
13.01 The Manager may enter into arrangements with municipalities, local
boards and other public bodies on a cooperative or joint venture basis
where there are economic advantages and where the best interests of the
City would be served. The policy of the government agency or public
authority hosting the cooperative call for bids is to be the accepted policy
of the City for the cooperative call and no other approval by the City is
required beyond that of the Manager, appropriate Director and Treasurer
unless debt financing is required then Council approval must first be
obtained.'
13.02 Section 13.01 above does not preclude the issuance of a purchase order
14 Purchasing Cards
14.01 Purchasing Cards shall be used in accordance with the Purchasing Card
Procedure.
14.02 The Treasurer has the authority to temporarily adjust the transaction limit
for one time purchases.
15 Disposal of Surplus Assets
15.01 The Manager is authorized to dispose of surplus assets in a cost effective
and efficient manner with approval of the appropriate Director and the
Treasurer.
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Policy Number: PUR 010
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16 Code of Purchasing Ethics
16.01 The Code of Purchasing Ethics established by the National Institute of
Governmental Purchasing Inc. and the Purchasing Management
Association of Canada shall apply to Supply & Services staff.
16.02 The participation of members of City Council and employees of the
corporation in the procurement process shall be governed by, in the case
of members of Council, the City's Council Code of Practice and, in the
case of employees, by the City's Employee Code of Conduct.
17 Conflict of Interest
17.01 Subject to the Municipal Conflict of Interest Act, no member of City
Council, Committee or Board, employee of the City is or will become
interested directly or indirectly as a contracting party or otherwise in the
performance of the contract or in the provision of goods or services or in
any portion of the profits thereof, or in any of the monies to be derived
therefrom. This applies to relatives and former employees as well.
17.02 A vendor will be required to declare any potential conflict of interest in
writing to the Manager.
17.03 The City reserves the right to disqualify from further consideration any
proposals which demonstrate a conflict of interest.
17.04 A conflict of interest arising during the term of a contract must be reported
immediately to the City and failure to advise may result in termination of
the contract.
18 Prohibitions
18.01 No employee or member of City Council, Committee or Board shall bid on
the sale of goods except those disposed of by public auction.
18.02 The City shall make no personal purchase for any employee, member of
City Council, Committee or Board.
18.03 No employee, or member of City Council, Committee or Board shall
purchase or offer to purchase on behalf of the City, except as may be
provided for in this policy or with the express authority of Council.
18.04 Contracts entered into in contravention of section 18.03 will not be binding
upon the City. The employee, or member of City Council, Committee or
Board who entered into the contract will be responsible for the contract.
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Policy Number: PUR 010
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'r 9
18.05 No requirement for goods or services shall be divided to avoid the
requirements of this policy and the total project or annual requirement
shall be considered.
19 Exceptions
19.01 Items listed in Appendix 1 are excluded from the requirements of this Policy.
The items may be procured by obtaining one price, subject to the funds
being available in the current or capital budgets. For accountability and
transparency purposes, a Purchase Order may be required when there is a
set pre-determined fee or an upset limit.
19.02 Notwithstanding, Directors are required to provide details to the Treasurer
and the CAO of any contractual arrangements under Appendix 1 with third
parties that exceed $25,000 annually or are for more than one year. Such
details will be provided prior to the commencement of the contract
arrangement.
20 Confidentiality and Access to Information
20.01 Contents of quotation, tendering, request for proposal documents, with the
exception of the information read publicly at a tender opening or reported
to Council, shall be treated as confidential and protected as set out under
The Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA), RSO, 1990, Section 11( c), as amended.
20.02 Subject to The Municipal Freedom of Information and Protection of Privacy
Act (MFIPPA), RSO 1990, no employee, or any appointed or elected
official, shall divulge the unit prices paid by or quoted to the City for goods
or services. The total price in the case of public tenders or the total price
in the case of quotations the name of the successful bidder, as well as any
prices included in public reports to Committee and Council may be
revealed.
21 Disqualification of Bidders
21.01 A tender, proposal or quotation submitted by a bidder shall be rejected,
(a) if the bidder, or any officer or director of the bidder is or has been
engaged either directly or indirectly through another corporation
including by common ownership or control or otherwise related to a
party in litigation with the City, its elected or appointed officers, or its
employees;
AND
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Policy Number: PUR 010
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(b) in the opinion of the Manager, the litigation is likely to affect the
bidder's ability to work with the City, its consultants or
representatives, and the City's experience with the bidder in the
matter giving rise to the litigation indicates that the City is likely to
incur increased staff and legal costs in the administration of the
contract if it is awarded to the bidder.
22 Bidder Terminated, Unsatisfactory Performance
22.01 The City reserves the right to not consider a bidder for a period of time or
exclude a bidder from eligibility to submit a bid, when:
1. a bidder has provided unsatisfactory performance by
documented evidence of substandard performance or unfulfilled
commitment; or
2. a bidder has been deemed an unsafe contracting party, where
there is documented evidence of disregard for or violation of the
City's health and safety regulations, practices, instructions or
non-compliance of the Occupational Health & Safety Act and
Codes; or
3. there is evidence that a bidder has attempted to exert illegal,
undue or inappropriate influence over any employee, consultant,
official, Member of Council, other bidder or any other person in
connection with the City's decision to accept or decline a bid.
22.02 In reaching a decision, the Manager, and appropriate Director shall be
entitled to rely upon results of performance evaluations relating to other
contracts for the City and outside parties performed by the subject
bidder.
22.03 No tender, proposal or quotation will be considered or accepted from
the subject bidder during the term of the suspension.
22.04 Previous experience or the results of any performance evaluation may
be disclosed by City staff to other municipalities or government bodies
upon request, where the subject bidder has listed the City as a
reference.
22.05 The bidder may apply to the City for reconsideration or reinstatement if
the bidder is able to demonstrate that the practices or issues leading to
the suspension have been rectified.
22.06 The City reserves the right to not consider a tender/quotation/RFP from
a bidder or any company affiliated with or controlled by the bidder who:
Policy Title: Purchasing Policy Page 17 of 25
Policy Number: PUR 010
(a) has been prohibited from bidding on City contracts by City
Council;
(b) has had a contract with the City terminated within three years of
the bid close date due to default of the contract;
(c) has failed to rectify the performance of any previous contract
default to the City's satisfaction, and cannot provide assurances
and demonstrate appropriate action to ensure the same or
similar problems will not reoccur; or
(d) has failed to provide health and safety documentation to the
City's satisfaction.
23 Tendering Irregularities
23.01 Guideline for Handling Irregularities:
(a) To maintain the integrity of the public tendering process.
(b) To maintain a flexible process in which low bids are not rejected
because of minor irregularities. This approach allows the City to
maximize the advantages of a competitive public tender process.
(c) To ensure that the City's Policy for dealing with irregular tenders
promotes fair competition.
(d) To ensure that any bid accepted by the City is legally capable of
being accepted.
(e) To ensure that no bidder can avoid its bid by its own default or
mistake.
(f) Irregularities that go beyond the scope of these guidelines shall
be reviewed with the Treasurer and the Manager shall have the
authority to waive irregularities deemed to be minor. In exercising
judgement, the advice of the City Solicitor may be requested.
Where deemed to be a major irregularity, the Treasurer shall
consult with the CAO who jointly shall have the final decision on
acceptance or rejection of the bid.
Policy Title: Purchasing Policy Page 18 of 25
Policy Number: PUR 010
23.02 Tendering irregularities will be dealt with as follows:
Irregularity Response
1. Late bid. Automatic rejection and will be returned
unopened to the bidder. Bids will be
deemed to have been received when
the City has stamped the envelope with
the time and date of receipt.
• If the bidder's address is not clearly
available on the envelope or package, it
will be opened solely to access this
information in order to return it to the
bidder.
2. Bid envelope or package is not sealed. . Automatic rejection.
3. Bid not completed by non-erasable ink. . Automatic rejection.
4. Bid not legible. • Automatic rejection.
5. Bidder's original ink signature missing . Automatic rejection.
from signature page.
6. Bid qualified or restricted by a statement . Automatic rejection.
or alteration added to any part of the
document.
7. Bid received on documents other than . Automatic rejection unless allowed for in
those provided by the City. the bid instructions or received on a true
copy (not retyped) of the original
document issued by the City
8. Bid does not meet specifications. . Automatic rejection.
9. Alternate bid. . Automatic rejection unless allowed for in
the bid instructions or bidder has
completed original bid and provided an
alternate bid in addition to the original.
Policy Title: Purchasing Policy Page 19 of 25
Policy Number: PUR 010
10. Bid Security
a) Surety's Corporate seal or Surety . Automatic rejection.
signature missing from Bid Bond or
Agreement to Bond.
b) Bid Bond or Agreement to Bond does . Two working days to correct.
have Surety's Corporate seal and
Surety signature but does not have
bidder's corporate seal or bidder's
statement to bind the corporation.
c) Bid Deposit, Bid Bond or Agreement Automatic rejection.
to Bond not provided, or not in the form
specified or does not name the correct
municipality as obligee, or the Surety is
not licensed to do business in Ontario.
d) Bid Deposit, Bid Bond of insufficient . Automatic rejection.
amount.
e) Agreement to Bond not sufficient. . Automatic rejection.
f) Bid security is not in compliance with . Two working days to correct and if
the number of days open for bidder fails to do so, bid will be rejected.
acceptance as stated in the bid
documents.
11. Bid does not acknowledge addenda. . Automatic rejection unless every
change set out in the addenda is clearly
visible on the face of the bid OR the
relevant addendum issued is solely for
the purpose of revising the closing date
and time.
12. Bid received from a bidder who has not . Automatic rejection.
been approved as a pre qualified bidder
under a prequalification process.
13. Bid received from a bidder whom did . Automatic rejection.
not sign-in at mandatory site visit when
instructed to do so in the tendering
instructions.
Policy Title: Purchasing Policy Page 20 of 25
Policy Number: PUR 010
ti•
14. Failure to return the documents as . Automatic rejection unless otherwise
specified. specified in the tendering instructions.
15. Partial bid (all items not bid). . Automatic rejection unless allowed for in
the tendering instructions.
16. Tender envelope unclear as to contents. . Automatic rejection.
17. Uninitialed changes to the bid . Two working days to correct. The City
documents that are minor (e.g. bidder's reserves the right to waive initialling and
address is amended by over-writing but accept the tender.
not initialed).
18. Unit prices in the Schedule of Prices . Two working days to correct. The City
have been changed but not initialed. reserves the right to waive initialling and
accept the tender.
19. Other mathematical errors that are not . Two working days to initial corrections
consistent with unit prices. as made by the City. Unit prices shall
govern and the tender will be corrected
accordingly. The City reserves the right
to waive initialling and accept tender as
corrected.
20. Pages are missing from bid. Two working days to supply the missing
pages where in the opinion of the
Manager, the missing page(s) would not
directly affect the bid submitted. The
City reserves the right to waive the need
to receive the missing pages and accept
the tender or to reject the tender
outright at the discretion of the
Manager.
21. Withdrawal of bid. Withdrawal of bids received after the
closing date and time will not be
allowed.
Policy Title: Purchasing Policy Page 21 of 25
Policy Number: PUR 010
~D o
22. Tie bids. • The Manager may use one of the
following methods of dealing with two
low tied bids, based on the specific
situation.
• Request the two low bidders to resubmit
pricing only. No other change to the bid
is allowed. Bidders shall be allowed 24
hours from time of request.
• Use a coin toss to select a
recommended bid.
The outcome of the tie breaking method
shall be final.
23. Completion date is other than specified . Two working days to clarify the
in the tendering specifications. completion date. The City reserves the
right to waive the clarification of the
completion date and accept the tender,
or to reject the tender outright.
Policy Title: Purchasing Policy Page 22 of 25
Policy Number: PUR 010
5J
Appendix 1
Exceptions
The following items may be procured by obtaining one price, subject to the funds being available
in the current or capital budgets. For accountability and transparency purposes, a Purchase
Order may be required when there is a set pre-determined fee or an upset limit. Those
categories where this may be applicable are marked with an asterisk.
Notwithstanding, it is expected that the objectives of this Policy will be promoted in any
expenditures for goods or services.
1. Petty Cash expenditures (Policy No. FIN 030.001)
2. Purchases under $1,000
3. Training and Education
a) Conference, Course, Convention and Seminar, including accommodation, travel
b) Magazine, Book, Periodical, Subscriptions
c) Membership Fee
d) Facilitator, Trainer Fee
4. Catering, Food or Entertainment Services
5. Advertising
a) Newspaper (national and local), periodical, trade journal, magazine (A
contract arrangement for advertising such as the Community Page is not
considered an exception).
6. Professional Fees *
a) Consultant fee related to litigation
b) External Auditor
c) Legal Services
d) Ontario Land Surveyor
e) Property Appraisal
f) Medical Service
g) Mediation Service
h) Laboratory Service
i) Actuarial Studies and Reports
j) Assessment Appeal, Assessment Services and Related Expenses
k) Banking, Brokerage or Underwriting Service, Investment and Related
Services Including Funds Transfer and Security
1) Liability, Property and Other Forms of Insurance and Adjusting Services
m) Temporary Help
n) Collection Services
o) Tax and Cost Recovery Reviews
Note: * Categories where a Purchase Order may be required.
Policy Title: Purchasing Policy Page 23 of 25
Policy Number: PUR 010
) 7
7. Utility Services (acquisition, repairs, maintenance and minor replacements)
a) Natural Gas and Heating Oil
b) Sewer and Water
c) Postage
d) Electricity
e) Telecommunication Service Providers
f) Cable Television
g) Internet Service Providers
8. Work or services to or from other government agencies, utilities, Provincial or
Federal agencies, Crown Corporations, municipalities, public agencies, or
Boards. *
9. Third party contracts related to development. Refer to Policy Section 08.
10. Provision of services required by Councillors as provided for in the Council
Compensation Policy unless requested (Policy ADM 190 - May 3, 2011 Council
Meeting).
11. Maintenance Contract (Proprietary, Non-Value Added Resellers)
a) Annual maintenance fees where the approved vendor is the sole source
provider of the service;
b) Upgrades already approved including support and training where the
vendor is the sole source provider of the upgrade.
12. Acquisitions and Disposal of Real Property including rental, lease.
13. Acquisition of goods or services under a government pricing program.
Note: * Categories where a Purchase Order may be required.
Policy Title: Purchasing Policy Page 24 of 25
Policy Number: PUR 010
~ U
Appendix 2
Summary of Procurement Method and Approval Authority
Purchase order required unless stated otherwise herein. Amounts exclusive of HST.
(Director = appropriate Director)
Procurement Method Dollar Range Approval
Purchasing Card or Invoice Up to $1,000 Delegated by Director
Purchase Order not issued
Staff Purchase
1 Informal Price obtained b Staff $1,000 to $3,000 Delegated b Director
3 Informal Prices obtained b Staff $3,000 to $5,000 Director
3 Informal Prices obtained b S&S $5,000 to $30,000 Manager and Director
Quotation, RFP or Public Tender $30,000-$75,000 Manager and Director
(Manager, S&S to determine) $75,000-$125,000 plus CAO
$125,000+ plus Council
Revenue Based plus Council
Consulting & Professional Services
Director may obtain services Up to $30,000 Manager, Director and
directly from a Treasurer
particular consultant for specific
assignment / project
Quotation or RFP $30,000 to $50,000 Manager, Director,
(Manager, S&S to determine) Treasurer, and CAO
$50,000+ plus Council
OR $30,000+ Council
Director wants to hire a particular
consultant to prepare Report
to Council with reasoning
Sin le Source, Sole Source
Single Source or Sole Source Up to $10,000 Manager
$10,000 to $30,000 plus Director
$30,000 to $125,000 plus Treasurer and CAO
$125,000+ plus Council
Policy Title: Purchasing Policy Page 25 of 25
Policy Number: PUR 010
'PURCHASING POLICY "TACMMENT#'4 TO REPORT x C-5'T3J-tl
PUR 010 y
Summary of Changes with Revised Policy
Revision Date: September 2011
New Section of the Policy Old Section of the Summary of Reason/Rationale
Policy Change For Change
Policy Statement Referenced Deleted Update to Standard
policy and procedure
format
Policy Objective Referenced Inclusion Minor update to
terminology
01 Definitions 01 Definitions Update and Clarification
simplify
02 Responsibilities Referenced Update and Update to Standard
simplify policy and procedure
format
03 Administrative 12 Administrative Moved Revise order of
Procedures Procedures Sections
04 Purchasing Principles 03 Purchasing Moved Revise order of
Principles Sections
05 Environmental Embedded in 03.07 New Section 05 Expanded
Considerations Purchasing Principles
06 Authorities, Procurement 04 Authorities and Update Redefine thresholds
Methods and Dollar Limits Dollar Limits Terminology and with controls, improve
$1000 PCard or Invoice $550 buy without a Dollar Limits. service delivery,
$1,000 to $3,000 - one PO or buy with a Add Appendix 2 maintain efficiencies
informal quote PCard Summary of
$3,000 to $5,000 - three $550 - $5400 direct Approval
informal quotes purchase Authority
$5,000 to $30,000 - S&S $5400-$27,000
informal quotes informal quotes
$30,000 + competitive $27,000-$108,000
pricing - RFQ, RFP or Formal Quotations
Tender $108,000+ Public
Tender
07 Approvals During Council Not Referenced Inclusion Combine information
Recess which is found
currently in 2 separate
Resolutions of Council
J
New Section of the Policy Old Section of the Summary of Reason/Rationale
Polic Change For Change
08 Third Party Contracts Not Referenced Created New Clarify the handling of
Related to Development Section these types of
contracts.
09 Single Source and Sole 05 Negotiation Partially Update to provide
Source embedded in clarity on single and
Section 05. sole source
Update provisions, provide
terminology, add examples and
single source introduce improved
and expand on approval thresholds
sole source
provisions and
include approval
thresholds
10 Consulting & 04.09.01 Consulting & Created New Establish its own
Professional Services Professional Services Section section, clarify and
redefine approval
thresholds
11 Design and Development Not Referenced Created New Clarification as to
Service Section when a consulting
service can become a
conflict of interest in
competition
12 Emergency Purchase 06 Emergency Update Clarification
Purchase terminology
13 Cooperative Purchasing 07 Cooperative Update Add approval authority
Purchasing terminology
14 Purchasing Cards Not Referenced Created New Link to Purchasing
Section Card Procedure
15 Disposal of Surplus 08 Disposal of Surplus Word change Clarification
Assets Property and add approval
process
16 Code of Purchasing 10 Code of Purchasing Change wording Applies to Supply &
Ethics Ethics Services staff (not all
Staff)
17 Conflict of Interest Embedded in 09 Created New Include reference to
Prohibitions Section Council and Employee
Codes of Conduct
18 Prohibitions 09 Prohibitions Update Clarification
terminology
I
h
New Section of the Policy Old Section of the Summary of Reason/Rationale
Policy Change For Change
19 Exceptions - Appendix 1 11 Exemptions and Update Update to reflect
Appendix A terminology and current day business
expand practises
categories
20 Confidentiality - Access Not Referenced Created New Clarification and
to Information Section reference to MFIPPA
21 Disqualification of Referenced in 10.04 Created New Include provision to
Bidders Tendering Section reject a bid from a
Irregularities but only bidder in litigation with
resulting from non- City
compliance in bidding
process
22 Bidder Terminated, Not Referenced Created New Include provisions
Unsatisfactory Section which can exclude
Performance bidder from
consideration such as
violation of health and
safety regulations, non
compliance with
OHSA, substandard
performance
23 Tendering Irregularities 10.04 Tendering Update Update to reflect
Irregularities terminology, current day and best
delete 11 and 22 business practises
Appendix 2 Not Referenced Created New Condensed version of
Section - Section 06 for easy
SUMMARY of reference
Procurement
Method and
Approval
Authority
ATTACHMENT# TO REPORT #~3 /-It
2 The Corporation of the City of Pickering
By-law No. XXXX/11
Being a By-law to Establish a Policy Governing the Purchase and
Disposal of Goods and Services.
(Hereinafter called the Purchasing By-law)
Whereas the Council of the Corporation of The City of Pickering (hereinafter the City)
has sole authority to allocate funds through its adoption of budgets for approved
corporate programs and objectives;
Whereas the City recognizes the need for sound and effective purchasing policies for
the commitment of public funds in the acquisition of goods and services;
Whereas this By-law establishes the authority and responsibilities governing the
purchase and disposal of goods and services subject to certain exceptions;
Whereas the Municipal Act, 2001, Section 270 requires a municipality to adopt and
maintain policies with respect to the procurement of goods and services;
Whereas the Council of the Corporation has by Resolution adopted on November 5,
2001 authorized the enactment of this By-law and the repeal of Resolution #136/01 and
any other By-laws or resolutions formerly governing the subject matter of this By-law;
Now therefore, notwithstanding any other By-law or policy, the Council of the
Corporation of the City of Pickering hereby enacts the following Purchasing Policy as
detailed in Attachment 1.
By-law read a first, second and third time and finally passed this 17th day of October,
2011.
David Ryan, Mayor
Debbie Shields, City Clerk
Cis Report To
Executive Committee
PICKERING Report Number: CAO 16-11 3
Date: October 11, 2011
From: Debbie Shields,
City Clerk.
Subject: 2011 Toys for Tickets / Food for Fines Promotion
- File: L-2220-001-11
Recommendation:
1. That parking tickets issued between December 1 - 16, 2011 be eligible for the
Toys for Tickets/Food for Fines promotion, and
2. That the Toys for Tickets / Food for Fines Promotion be implemented for
December 15 and 16, 2011.
Executive Summary: Staff are requesting approval for the Toys for Tickets / Food
for Fines promotion to be implemented again for the 2011 holiday season. The dates
for the 2011 Toys for Tickets / Food for Fines promotion will be December 15 and 16,
2011.
The Toys for Tickets / Food for Fines program accepts toys or groceries in lieu of
payment for parking tickets. Toy or food donations must be dropped off to City Hall, and
a receipt must be presented to confirm the value of the donation equals or exceeds the
fine. Tickets for parking in a Disabled Parking Space are not eligible for the program.
The Toys for Tickets / Food for Fines program is a worthy cause which was well-
received by the public and created positive customer relations with parking ticket
recipients.
The Toys for Tickets / Food for Fines promotion benefits needy families, demonstrates
community involvement and enhances the image of the City's Municipal Law
Enforcement Services section.
Financial Implications: The lost revenue associated with the Toys for Tickets / Food
for Fines promotion will range from $800 to $2000.00 in fines.
R,e~ort CAO 16-11 October 11, 2011
0
Subject: 2011 Toys for Tickets / Food for Fines Promotion Page 2
Sustainability Implications: This promotion supports the social aspect of
sustainability by providing assistance to families in need.
Background:
In 2009, Council approved the introduction of the first Toys for Tickets / Food for Fines
promotion in the City of Pickering. The response from the public and the media was
overwhelming. In its first year of offering the program, Pickering surpassed the
donations received by other municipalities that had participated in a Toys for Tickets
program for a number of years.
The Toys for Tickets / Food for Fines promotion generated great interest from the
media, with coverage from such outlets as 680 News, CBC Radio, Rogers TV, the
Toronto Sun, UPI, and City TV's Breakfast Television.
The 2009 Toys for Tickets / Food for Fines Promotion resulted in 75 tickets paid by
donations, and $2,100.00 in toys or food donated to the Durham Regional Police Food
&Toy Drive.
In 2010, the program also received significant media attention, with articles in the Globe
& Mail, and through social media such as Facebook. The donation numbers were lower
in 2010, as fewer tickets were issued during the eligibility period. The 2009 kick off had
a significant snow storm during the eligibility period, leading to the issuance of more
than double the tickets issued in 2010. The 2010 program saw 27 tickets paid through
donations totaling $841.00.
The program sets a range of eligible dates for tickets issued, then sets two days only
where payment for the tickets issued during the eligible dates may be made with
donations. Based on the lower donation numbers in 2010, the date range proposed for
eligible tickets in 2011 would be extended to a two week period, from December 1 - 16,
2011, with the Toys for Tickets / Food for Fines dates as December 15 & 16, 2011.
Tickets may be paid with the donation of toys or food equal to or exceeding the value of
the fine on the ticket. A receipt for the donation must be presented to verify the amount.
Food must be non-perishable. Toys and food collected will be donated to the Durham
Regional Police Food and Toy Drive. As the City of Pickering already participates with
the Durham Regional Police Food & Toy Drive, the Toys for Tickets / Food for Fines
program would be a continuation of this partnership.
The program will be promoted with flyers distributed with the tickets issued during the
eligible date range, as well as newspaper and website promotions.
The Toys for Tickets / Food for Fines promotion has been a tremendous success. Staff
would like to see this worthwhile program continue to support families in need.
CORP0227-07/01 revised
Report CAO 16-11 October 11, 2011
Subject: 2011 Toys for Tickets / Food for Fines Promotion Page 3
'Te
` a<
e
gipp}}.. IFS
s,
a y s r- . as
,w , r
Prepared By: Approved/Endorsed By:
U.
Kim ly Thomp on, CMM I, CPSO Debbie Shields
Manager, By-law Enforcement Services City Clerk.
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickerin ity Council
26, 2o(/
Tony aPre4ve4del, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised