3967 Schedule 'A' - Purchasing PolicyTHE CORPORATION OF THE TOWN OF TILLSON BURG
APPOVAL DATE:
APPENDICES:
PURCHASING POLICY
REVISION DATE:
11/23/15
TABLE OF CONTENTS
Page 1 of 8
1.0 DEFINITIONS ................................................................................................................. 2
2.0 POLICY STATEMENT ................................................................................................... .4
3.0 ESTABLISHING PRICE RANGE ................................................................................... .4
4.0 ACCOUNTABILITY ......................................................................................................... 5
5.0 PRESCRIBED COUNCIL APPROVAL. .......................................................................... 6
6.0 EXCEPTIONS ................................................................................................................. 6
7.0 NO LOBBYING ............................................................................................. 7
8.0 HEALTH AND SAFETY ......................................................................................... ?
9.0 CO-OPERATIVE PURCHASING ...................................................................... ?
10.0 DISPOSAL OF SURPLUS ............................................................................... ?
11.0 TIE BIDS ............................................................................................................. ?
12.0 DELEGATON OF AUTHORITY TO PURCHASE ............................................................ ?
13.0 OTHER. ............................................................................................................................. ?
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BY·LAW No. 3967
OF THE
CORPORATION OF THE TOWN OF TILLSONBURG
A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG
HEREBY ENACTS AS FOLLOWS:
1.0 DEFINITIONS
In this By-Law:
a) "Agent" shall mean the Treasurer or designate who has the sole authority to authorize,
save and except the Mayor and Clerk, to execute contract documents on behalf of the
Town;
b) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a
proposal;
c) "Buyer" shall mean the employee responsible for the procurement of goods and
services for the Town; individual responsible for ensuring that the purchasing by-law,
policies and procedures are consistently applied in the departments, and who serves
as a resource to Departments in support of the purchasing function;
d) "GAO" shall mean the Chief Administrative Officer of the Town of Tillsonburg; and
e) "Clerk" shall mean the Clerk of the Town appointed pursuant to the Municipal Act
2001, as amended, or in her absence, the Deputy-Clerk or such other person
designated by the Council by resolution for the purposes of this By-Law;
f) "Department Manager" shall mean the individual or designate who is accountable for
the budget and responsible for the operations of any single department or division
within the Town;
g) "Director" shall mean the individual accountable for the operation of overall
departments within the Town;
h) "Emergency" shall mean a situation, or the threat of an impending situation, where
serious delay may affect the life, safety, health or welfare of the general public, cause
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damage to the environment or to the property of the residents of the Town, or to
prevent serious damage, disruption of work, or to restore or to maintain essential
service to a minimum level;
i) "Goods and Services" shall include all supplies, materials, equipment, furniture,
fixtures, general maintenance and service construction contracts, construction
maintenance, contractors, and or subcontractors, food, drugs and professional
services, but does not include real property;
j) "His" shall in all cases mean his or her and "he" shall in all cases mean he or she;
k) "Prescribed Forms or Forms" shall mean the standard documents as provided as part
of the purchasing procedure guidelines as approved by the GAO;
I) "Professional Services" shall mean the services of architects, engineers, designers,
surveyors, management and financial consultants, brokers, lawyers, planning
consultants, project managers and any other professional and consulting services
required by the Town;
m) "Purchase" shall mean the acquisition of Goods and Services or any interest therein
by purchase, lease, rental or otherwise;
n) "Quotation" shall mean a written request for vendor bids for the supply of goods or
services, from selected sources of supply, not opened in public;
o) "Request for Proposal" shall mean a formal request for details on the supply of goods
or the provision of services, which cannot be fully defined or specified at the time of
the request;
p) "Supplier" shall mean any company or organization that provides, or has the capacity
to provide, certain Goods or Services to the Town in accordance with the terms ofthis
By-Law;
q) "Tender" shall mean a formal request for sealed Bids for the supply of Goods and
Services in response to an advertised solicitation;
r) "Town" shall mean The Corporation of the Town of Tillsonburg;
s) "Vendor of Record" shall mean an approved vendor.
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2.0 POLICY STATEMENT
2.1 Objectives
The objective of the policy is to ensure:
a) best value is achieved consistent with the required quality and service;
b) integrity in the purchasing process;
c) openness, accountability and transparency and fair treatment of all bidders;
d) encouraging bids through e-bidding, newspaper(s) and website(s).
2.2 Guidelines
a) No Purchase shall be made except as provided in this By-Law.
b) No Purchase shall be split so as to avoid the purchasing process as outlined within
this By-Law.
c) Council has the ultimate authority for all expenditures. Council delegates this authority
by the authorization of budgets or by specific resolution.
d) Prior to the approval of the current year's business plan and budget, a department
may incur normal operating expenditures that are required to maintain services. This
shall include the payment of expenditures on previously approved capital items and
projects.
e) No contract shall be entered into and no expenditure shall be authorized unless
Council has provided funds for such purpose in the annual budget or agreed to the
provision of such funds.
f) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all
provisions of this By-Law are complied with in respect of the purchase of Goods and
Services for or on behalf of his department and are responsible for the approval of
accounts within the approved budget for the department.
g) This purchasing policy may be overridden by Council if Council, in its own discretion
determines it to be appropriate and in the best interest of the Town.
h) The Director of Finance shall maintain written procurement procedures and
procurement shall adhere to those procedures.
3.0 ESTABLISHING PRICE RANGE
Purchase prices shall be obtained as follows:
• Up to $2,500-For purchases up to $2,500, comparison pricing must be completed by
the assigned Buyer.
• $2,500 to $10,000 -For any purchases, other than those covered by a vendor of
record, when the amount is between $2,500 to $10,000, the assigned Buyer making
the purchase shall obtain quotations from more than one source using catalogues,
suppliers' lists, online pricing or through negotiations, upon assuring themselves that
all prices offered are fair and equitable.
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• $10,000 to $35,000-For all purchases between $10,000 and $35,000, a minimum of
3 written quotations must be obtained by the assigned Buyer.
• Over $35,000-By Tender or Request for Proposal.
The above prices shall be on a before-tax basis. Adherence to the above does not apply to
circumstances addressed in section 6.
QUICK GUIDE TO PURCHASING GUIDELINES
Purchasing Dollar Value Approval Authority
Mechanism of Purchase & Authority to Award
Small Order Up to $2,500 Department Manager Purchase
Department Manager or
Director approves;
Price $2,500-purchaser made through
Quotes $10,000 Departmental Buyer
Department Manager
Written $10,000-
Quotation $35,000
Director or GAO
Tender,
Request for
Proposals or $35,000 + Council
Sole Source
Purchases
4.0 ACCOUNTABILITY
a) The CAO shall maintain accountability to Council during the procurement process.
b) No purchase of Goods and Services shall be made by the Town for the personal use
of elected or appointed officials or employees of the Town.
c) No Goods and Services shall be purchased from an employee of the Town, or from
any associate of such employee, unless the extent of the interest of such employee
has been fully disclosed and the purchase has been approved by the CAO.
d) The Agent oversees the Town's purchasing process and compliance thereof. Only the
Agent, Mayor or Clerk has the authority to execute contract documents on behalf of
the Town.
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5.0 PRESCRIBED COUNCIL APPROVAL
The following Purchases shall be subject to Council approval:
a) any contract prescribed by statute to be made by Council;
b) any contract that requires debt financing;
c) any contract where this By-Law is being waived;
d) any contract where Council has expressly directed staff to report prior to an award;
e) any contract where a submission in response to a call for Bid contains an
irregularity that cannot be resolved by terms of the Bid; or,
f) any contract for a Purchase made in accordance with section 6.0 (b);
g) any contract for a tender or request for proposal as required under this policy.
Council may waive, by resolution, the application of any part of this By-Law in respect of any
given procurement.
6.0 EXCEPTIONS
a) When an emergency occurs that, at the discretion ofthe GAO, Director, Fire Chief, or
Department Manager, constitutes immediate danger to health, safety, life or property,
or requires the immediate procurement of goods and services, the Department
Manager or his/her designate may purchase through sole sources, such required
Goods or Services upon consultation with the Director or GAO. A follow-up report to
Council is required for all Emergency Purchases over $5,000.
b) The Tendering, RFP or purchasing process may not be required where the Goods or
Services are proprietary to one vendor, where there is only one supplier that can meet
the Town's needs within a reasonable distance or where the cost of changing
suppliers for a product or service already in place is deemed to be exorbitant by the
GAO. Upon written staff recommendations, Council shall, in its' sole discretion
determine whether a Bid, RFP or purchasing process may be forgone for these
reasons. Such exemption must be granted by resolution.
c) Notwithstanding the provisions of this policy, the following expenditures must be made
subject to budget constraints and may be made without following the formal
purchasing procedures detailed herein;
i) Petty cash items
ii) Training and education including conferences, courses and seminars
iii) Mileage, travel and accommodations
iv) Payroll related expenses
v) Utilities, postage, bank charges
vi) Licensing, maintenance and software support for prior purchases;
vii) Professional Services.
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7.0 NO LOBBYING
No bidder shall contact any member of Council or any Town staff in an attempt to influence
the award of a contract.
If a bidder contacts any member of Council or any Town staff in an attempt to influence the
award of a contract, the bidder may be disqualified at the discretion of the GAO.
8.0 HEALTH AND SAFETY
The Town is committed to the health and safety of their employees, contractors, visitors and
the general public. This includes a commitment to Health and Safety in the procurement
process.
9.0 CO-OPERATIVE PURCHASING
The Town may participate with other government agencies or public authorities in co-
operative purchasing. The policies of the government agencies or public authorities calling the
Co-operative Bid are to be the accepted policy of that particular Bid.
10.0 DISPOSAL OF SURPLUS
Where any goods or personal property of the Town are declared surplus, cannot be used by
another Town department, and have a residual value greater than $1 ,000, the goods shall be
disposed of by public Bid or public auction. If no Bids are received, the Departmental Manager
or Buyer may dispose of the goods or personal property as deemed to be in the best interest
of the Town. This section shall not apply to goods or equipment traded in on new equipment
or returned for credit to original sources of supply.
11.0 TIE BIDS
In the event that two (2) or more compliant, equal bids are submitted during a competitive Bid
process, the Town shall determine the successful bidder by drawing a bidder's name, as
determined by the GAO.
12.0 DELEGATION OF AUTHORITY TO PURCHASE
The authority to purchase Goods and Services may be delegated or assigned to a local Board
following the dollar thresholds as set out in this Policy.
13.0 OTHER
Where any other By-Law exists which is in conflict with a provision of this Policy, the provision
of this Policy shall be deemed to apply.
This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the
date of its enactment.
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READ A FIRST AND SECOND TIME THIS DAY OF, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF, 2015.
c--::2nc:~cL,·ra ·.Ot~u4 c;~r~c.
t:1.<> p.P-A-CLERK -Donna Wilson
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