amended by By-law No

I

POR. T COLBOR.NE

CITY OF PORT COLBORNE SPECIAL COUNCIL MEETING AGENDA

TUESDAY, OCTOBER 14, 2014- 6:30 P.M. Council Chambers, 3rd Floor, 66 Charlotte Street

CALL MEETING TO ORDER Mayor Vance Badawey

1. PRAYER Councillor Frank Dan ch

2. NATIONAL ANTHEM Joel Longfellow

3. CONFIRMATION OF THE AGENDA

4. DISCLOSURES OF INTEREST

5. PUBLIC HEARING UNDER THE PLANNING ACT (a) APPLICATION FOR ZONING BY-LAW AMENDMENT

Department of Planning and Development, Report No. 2014-70, Subject: Public Meeting Report for a Zoning By-law Amendment (File No. D14-11-14) East Side of Brookfield Road (Page No. 3)

(i) PURPOSE OF MEETING

(ii) METHOD OF NOTICE

(iii) EXPLANATION OF PROCEDURE TO BE FOLLOWED

(iv) PRESENTATION OF APPLICATION FOR ZONING BY-LAW AMENDMENT

(v) COMMENTS OF APPLICANT

(vi) QUESTIONS OF CLARIFICATION TO APPLICANT/PLANNING STAFF

(vii) ORAL PRESENTATIONS AND/OR QUESTIONS BY PUBLIC

(viii) ANNOUNCEMENT RESPECTING WRITTEN NOTICE OF PASSAGE OF ZONING BY-LAW AMENDMENT

(ix) EXPLANATION OF FUTURE MEETINGS

(x) ADJOURN

1

Special Meeting Agenda October 14, 2014

6. PUBLIC HEARING UNDER THE PLANNING ACT (b) APPLICATION FOR ZONING BY-LAW AMENDMENT

Department of Planning and Development, Report No. 2014-71, Subject: Public Meeting Report for a Zoning By-law Amendment (File No. D14-10-14) 650 Barrick Road (Page No. 9)

(i) PURPOSE OF MEETING

(ii) METHOD OF NOTICE

(iii) EXPLANATION OF PROCEDURE TO BE FOLLOWED

(iv) PRESENTATION OF APPLICATION FOR ZONING BY-LAW AMENDMENT

(v) COMMENTS OF APPLICANT

(vi) QUESTIONS OF CLARIFICATION TO APPLICANT/PLANNING STAFF

(vii) ORAL PRESENTATIONS AND/OR QUESTIONS BY PUBLIC

(viii) ANNOUNCEMENT RESPECTING WRITTEN NOTICE OF PASSAGE OF ZONING BY-LAW AMENDMENT

(ix) EXPLANATION OF FUTURE MEETINGS

(x) ADJOURN

7. ADJOURN

2

.. Department: Planning and Development

PORT COLl30RNE

Report Number: 2014-70 Date: October 14, 2014

SUBJECT: Public Meeting Report for a Zoning By-law Amendment (File N'o. D14-11-14) East Side of Brookfield Road

1) PURPOSE:

The purpose of the report is to provide Council with information regarding a proposed Zoning By-law Amendment initiated by Randall Swanson for the lands legally known as Part of Lot 8, Concession 5, Township of Humberstone, in the City of Port Colborne, Regional Municipality of Niagara; located on the east side of Brookfield Road.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES

The zoning of Part 2 (within the City of Port Colborne) is proposed to be changed from "A (Agricultural)" to "A-380 (Agricultural Purposes Only). This rezoning is being sought to support an application for severance of a surplus farm dwelling on the portion of the property located in the City of Niagara Falls (Part 1 ).

3) STAFF COMMENTS AND DISCUSSIONS

The Notice of Public Meeting was mailed to property owners within 120 metres of the property on September 17, 2014. One public notice sign was posted on the property on or before September 24, 2014. A public notice was also posted on the City's website on September 17, 2014.

At the time of writing this report, staff has received no comments from the public.

Notice of Public Meeting was circulated to required commenting agencies and relevant City departments on September 17, 2014. As of the date of writing of this report, the following agencies have responded:

Regional Municipality of Niagara, Planning and Development Services Regional Development Services staff is satisfied the proposal meets the intent of Provincial and Regional policies for lot creation in the agricultural area.

Planning Division

City of Port Colborne Official Plan

Schedule "A": City Wide Land Use to the City of Port Colborne Official Plan designates Part 2 (in the City of Port Colborne) as Agricultural and Environment Conservation Area. Lands designated Agriculture are Prime Agricultural Areas as defined by the Provincial Policy Statement and as identified on the Agricultural Land Base Map of the Regional Policy Plan and are used primarily for agricultural purposes. The predominant uses for lands designated Environmental Conservation Area shall include existing uses,

3

conservation uses, flood and erosion control, fish, forestry and wildlife management, as well as passive recreational activities.

The property is also identified as Environmental Corridors on Schedule 8: Environmental Conservation Area.

City of Port Colborne Zoning By-law 1150/97/81

Schedule "A" to the City of Port Colborne Zoning By-law zones the property A -Agricultural. The following uses are permitted in the Agricultural zone: Agricultural uses, and uses, buildings and structures accessory thereto including greenhouses; One single detached dwelling on one lot, and uses, buildings and structures accessory thereto accessory to an agricultural use; one single detached dwelling and uses, buildings and structures accessory thereto on each lot existing at the date of passing of this by-law; conservation of plant and wildlife; kennels; farm machinery sales and service establishments; wayside pits subject to the provisions of the Pits and Quarries Control Act.

Adjacent Zoning and Land Use

Northwest North Northeast Residential & Agricultural Residential & Agricultural Residential & Agricultural

Zoned: (Niagara Falls) Zoned: (Niagara Falls) Zoned: (Niaqara Falls) West East

Residential Agricultural land Zoned: NFR- Non-Farm Subject Property Zoned: A - Agricultural

Residence & A -Agricultural Southwest South Southeast

Railway Lands Railway Lands Railway Lands Zoned: A - Agricultural Zoned: A-Agricultural; Zoned: A - Agricultural

The Zoning By-law Amendment is necessary to support an application for severance of a surplus farm dwelling on the portion of the property located in the City of Niagara Falls (Part 1 ). The Planning Division will provide Council with its recommendation report after comments have been received from the Public Hearing and the review agencies. This report will be available at a future Council meeting for Council's consideration.

4) OPTIONS AND FINANCIAL CONSIDERATIONS:

a) Do nothing

N/A

b) Other Options

N/A

Department of Planning & Development, Planning Division, Report No.: 2014-70 Page 2 of 3

4

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES

N/A

6) ATTACHMENTS

Appendix A: Draft Zoning By-law Amendment Appendix B: Comments Received from Commenting Agencies and Divisions

7) RECOMMENDATION

That Public Hearing Report No. 2014-70 regarding an application for a Zoning By-law Amendment (File No. D 14-11-14) for the east side of Brookfield Road be received for information purposes.

8) SIGNATURES

Prepared on September 24, 2014 by:

~~(JC~ Shannon Larocque, MCIP, RPP Planner

Reviewed and Respectfully Submitted:

Ron Hanson, C.E.T. Acting Chief Administrative Officer

Reviewed by:

quilina, MCIP, RPP, CPT Director of Planning and Development

Department of Planning & Development, Planning Division, Report No.: 2014-70 Page 3 of 3 5

APPENDIX A

DRAFT ZONING BY·LAW AMENDMENT

THE CORPORATION OF THE CITY OF PORT COLBORNE

BY·LAW NO.

BEING A BY-LAW TO AMEND ZONING BY·LAW 1150/97/81, AND AS AMENDED, RESPECTING PART OF LOT 32, CONCESSION 2, GEOGRAPHIC TOWNSHIP OF HUMBERSTONE IN THE CITY OF PORT COLBORNE, REGIONAL MUNICIPALITY OF NIAGARA AND MUNICIPALLY KNOWN AS 650 BARRICK ROAD.

WHEREAS By-law 1150/97/81, as amended, is a by-law of the Corporation of the City of Port Colborne restricting the use of land and the location and use of buildings and structures;

AND WHEREAS, the Council of the Corporation of the City of Port Colborne desires to amend the said by-law;

NOW, THEREFORE, and pursuant to the provisions of Section 34 of The Planning Act, R.S.O. 1990, the CORPORATION OF THE CITY OF PORT COLBORNE ENACTS AS FOLLOWS:

1. This amendment shall apply to those lands described on Schedule "A" attached to and forming part of this by-law.

2. That the "Zoning Map" referenced as Schedule "A1" forming part of By-law 1150/97/81, as amended, is hereby amended by changing those lands described on Schedule "A" attached from the "RD (Residential Development) zone to the "R1 (First Density Residential)" zone.

3. That this By-law shall come into force and take effect on the day that it is passed by Council, subject to the provisions of The Planning Act.

4. The City Clerk is hereby authorized and directed to proceed with the giving notice of the passing of this by-law, in accordance with The Planning Act.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF NOVEMBER, 2014.

MAYOR

CITY CLERK

6

SCHEDULE "A"

BARRICK ROAD 36.56m

THIS IS SCHEDULE "A" TO DY-LAW NO .. _ ------1 P77A LANDS TO BE REZONED FROM RD (RESIDENTIAL k::LL..i DEVELOPMENT) TO R1(FIRST DENSITY

PASSED THE , 2014 RESIDENTIAL)

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FILE No 91-214-2 {91214-2..SEV-B)

8

.. Department: Planning and Development

PORT COLI30RNE

Report Number: 2014-71 Date: October 14, 2014

SUBJECT: Public Meeting Report for a Zoning By-law Amendment {File No. D14-10-14) 650 Barrick Road

1) PURPOSE: The purpose of the report is to provide Council with information regarding a proposed Zoning By-law Amendment initiated by Luciano Pambianco on behalf of Luciano and Rosemary Pambianco for the property legally known as Part of Lot 32, Concession 2, Geographic Township of Humberstone, in the City of Port Colborne, Regional Municipality of Niagara and municipally known as 650 Barrick Road.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES The zoning is proposed to be changed from "RD (Residential Development)" to "R1 (First Density Residential)". The amendment will allow construction of single detached dwellings on Parts 1 & 2 (Appendix B). This rezoning is being sought to satisfy the Committee of Adjustment's conditions for consent of the subject property in files 807-14-PC & B08-14-PC.

3) STAFF COMMENTS AND DISCUSSIONS The Notice of Public Meeting was mailed to property owners within 120 metres of the property on September 16, 2014. A public notice sign was posted on the property on or before September 24, 2014. A public notice was also posted on the City's website on September 16, 2014.

At the time of writing this report, staff has received no comments from the public.

Notice of Public Meeting was circulated to required commenting agencies and relevant City departments on September 16, 2014. As of the date of writing of this report, no comments have been received.

Planning Division

City of Port Colborne Official Plan

Schedule "A": City Wide Land Use to the City of Port Colborne Official Plan designates the property as Urban Residential. Land uses in the Urban Residential designation include residential, neighbourhood commercial and community facilities and institutional uses.

City of Port Col borne Zoning By-law 1150/97 /81

The City of Port Colborne Zoning By-law 1150/97/81, as amended zones the property RD (Residential Development) which permits one single detached dwelling on one lot and uses, buildings and structures accessory thereto. New lots created in the RD (Residential Development) will need to be rezoned to recognize the change of land use.

9

The Draft Zoning By-law Amendment is attached to this report as Appendix A.

Adjacent Zoning and Land Use

Northwest North Northeast Residential dwellings Residential dwellings Residential dwellings

Zoned: RD - Residential Zoned: RD - Residential Zoned: RD - Residential Development Development Development

West East Residential dwellings Residential dwellings

Zoned: R 1 - First Density Subject Property Zoned: R1 - First Density Residential Residential

Southwest South Southeast Vacant land Vacant land Vacant land

Zoned: RD-212 (Dwelling Zoned: RD - Residential Zoned: RD - Residential Restriction) Development Development

Conclusion

The Zoning By-law Amendment is necessary to allow the proposed building lots to be used for single detached dwellings. The Planning Division will provide Council with its recommendation report after comments have been received from the Public Meeting and the review agencies. This report will be available at a future Council meeting for Council's consideration.


a) Do nothing NIA

b) Other Options N/A

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES N/A

6) ATTACHMENTS Appendix A: Draft Zoning By-law Amendment Appendix B: Severance Sketch

7) RECOMMENDATION That Public Meeting Report No. 2014-71 regarding application for a Zoning By-law Amendment (File No. D14-10-14) for 650 Barrick Road be received for information purposes.

Department of Planning & Development, Planning Division, Report No.: 2014-71 Page 2 of 3

10

8) SIGNATURES


~~(JC~ Shannon Larocque, RPP, MCIP Planner

Reviewed a~d Re c ully Submitted:

~~· FOR · Robert Heil Chief Administrative Officer

Reviewed by:

quilina, MCIP, RPP, CPT Director of Planning and Development

Department of Planning & Development, Planning Division, Report No.: 2014-71 Page 3 of 3 11

APPENDIX A

DRAFT ZONING BY·LAW AMENDMENT

THE CORPORATION OF THE CITY OF PORT COLBORNE

BY·LAWNO.

BEING A BY·LAW TO AMEND ZONING BY·LAW 1150/97/81, AND AS AMENDED, RESPECTING PART OF LOT 32, CONCESSION 2, GEOGRAPHIC TOWNSHIP OF HUMBERSTONE IN THE CITY OF PORT COLBORNE, REGIONAL MUNICIPALITY OF NIAGARA AND MUNICIPALLY KNOWN AS 650 BARRICK ROAD.

WHEREAS By-law 1150/97 /81, as amended, is a by-law of the Corporation of the City of Port Colborne restricting the use of land and the location and use of buildings and structures;

AND WHEREAS, the Council of the Corporation of the City of Port Colborne desires to amend the said by-law;

NOW, THEREFORE, and pursuant to the provisions of Section 34 of The Planning Act, R.S.O. 1990, the CORPORATION OF THE CITY OF PORT COLBORNE ENACTS AS FOLLOWS:

1. This amendment shall apply to those lands described on Schedule "A" attached to and forming part of this by-law.

2. That the "Zoning Map" referenced as Schedule "A 1" forming part of By-law 1150/97/81, as amended, is hereby amended by changing those lands described on Schedule "A" attached from the "RD (Residential Development) zone to the "R1 (First Density Residential)" zone.

3. That this By-law shall come into force and take effect on the day that it is passed by Council, subject to the provisions of The Planning Act.

4. The City Clerk is hereby authorized and directed to proceed with the giving notice of the passing of this by-law, in accordance with The Planning Act.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF NOVEMBER, 2014.

MAYOR

CITY CLERK

12

SCHEDULE "A"

BARRICK ROAD 36.56m

THIS IS SCHEDULE "A" TO BY-LAW N0.·------1 P'77'A LANDS TO BE REZONED FROM RD (RESIDENTIAL ILLLJ DEVELOPMENT) TO R1(FIRST DENSITY

PASSED THE , 2014 RESIDENTIAL)

MAYOR

CLERK

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14

... PORT COLBORNE

CALL MEETING TO ORDER

CITY OF PORT COLBORNE COMMITTEE OF THE WHOLE MEETING AGENDA

TUESDAY, OCTOBER 14, 2014 following Special Meeting of Council

Council Chambers, 3rd Floor, 66 Charlotte Street

Mayor Vance Badawey

1. INTRODUCTION OF ADDENDUM ITEMS

2. CONFIRMATION OF AGENDA


4. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION

5. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION

6. PRESENTATIONS: (a) Presentation to Port Colborne Special Olympics Athletes - National Summer Games

2014

7. DELEGATIONS (REGARDING MATTERS NOT OTHERWISE ON THE AGENDA): Nil.

8. MAYOR'S REPORT

9. REGIONAL COUNCILLOR'S REPORT

10. COUNCILLOR'S ITEMS/NEW BUSINESS (a) Councillor's Issues/Enquiries (b) Staff Responses to Previous Councillor's Enquiries

11. ADOPTION OF MINUTES (a) Minutes of the Twenty Second Meeting (Regular) of Committee of the Whole,

September 22, 2014

12. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION

13. NOTICES OF MOTION

14. MOTION TO ADJOURN

15

Committee of the Whole Agenda October 14, 2014

UPCOMING COMMITTEE OF THE WHOLE AND COUNCIL MEETINGS

Monday, November 10, 2014 Committee of the Whole/Council - 6:30 P.M.

Monday, November 24, 2014 Committee of the Whole/Council - 6:30 P.M.

Monday, December 1, 2014 Inaugural Meeting - 7:00 P.M.

Monday, December 15, 2014 Committee of the Whole/Council - 6:30 P.M.

16

NOTES

VB BB RB

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COMMITTEE ITEMS:

ITEM DESCRIPTION

1.

2.

3.

4.

5.

6.

7.

Department of Community & Corporate Services, Community Services Division, Report No. 2014-26, Subject: Niagara Children's Planning Council National Child Day

Department of Community & Corporate Services, Community Services Division, Report No. 2014-27, Subject: Art Week (August 16-22) and Council endorsement for a grant application

Department of Community & Corporate Services, Report No. 2014-34, Subject: Cancellation, reduction or refund of Realty tax for 2014 taxation year for the address of 68 Main St. E. and 1 Marina Dr. and 2013 and 2014 taxation year for 89-91 Durham St.

Department of Community & Corporate Services, Report No. 2014-35, Subject: Development Charge Reserve Funds January 1, 2013 to December 31, 2013

Department of Engineering & Operations, Engineering Division, Report No. 2014-28, Subject: Tender 2014-13 - Facility Upgrades - Multiple Sites

Department of Engineering & Operations, Report No. 2014-33, Subject: Billing of the Bearss West Branch West Municipal Drain

Department of Engineering & Operations, Engineering Division, Report No. 2014-34, Subject: Proposed Sewer Rodding Policy

PAGE RECOMMENDATION

21

25

29

33

37

43

55

That the Council of The Corporation of the City of Port Colborne supports the initiatives of Niagara Children's Planning Council in recognizing our youngest citizens by declaring November 20, 2014 as National Child Day in Port Co/borne; and by supporting free skating and recognizing free swim sessions being offered from both the City and Port Colborne YMCA on Sunday, November 23, 2014 from 12:00 to 1 :50 p.m. and 1:00 to 3:00 p.m. respectively.

That City Council endorses the submission of a grant application to be submitted no later than Nov. 1, 2014, and in so doing, Council also commits to leveraging available resources and support for Art Week 2015.

The Council approves the application pursuant to Section 357, numbered 2014-06 and 2014-02 and 2013-13 and 2014-07 to write off taxes in the total amount of $18, 131.36 be approved.

That the Council of the City of Port Colborne receive this report for information purposes.

A) That the Council of the City of Port Colborne award Tender# 2014-13 Facility Upgrades - Multiple Sites to King Contractors of Niagara Ltd., of Niagara Falls, Ontario, for the price of $122,850.00 plus applicable taxes, and

B) That funding for Tender# 2014-13 be financed under Accounts: 3-310-33121-3328 (Animal Shelter), with the outstanding funding for the provisional items for the Animal Shelter to be considered In the 2015 budget, 3-700-33700-3401 (Library), 3-600-33565-3328 (Harbour Master) with the outstanding funding for the Harbour Master be considered in the 2015 budget, and

C) That the appropriate By-law, whereby the City enters into a Contract, be prepared and submitted for execution by the Mayor and City Clerk.

That Council grant permission to Clerks Department to bill the Bearss West Branch West Municipal Drain watershed for the outstanding funds as detailed In the attached assessment schedules 'A' and 'B'.

That City Council approve, by bylaw, the Sewer Rodding Policy as presented.

17


VB BB RB 8. Department of Chief Administrative Officer, 61 That Council receives report 2014-3, Health Services Health Services Division, Report No. 2014-3, Summary, for Information purposes.

AD FD YD Subject: Update on Health Services

DE BK ws Miscellaneous Correspondence

VB BB RB 9. Memorandum from Janice Peyton, Executive 69 That the memorandum received from Janice Peyton, Assistant, DEO, on behalf of the Environmental Executive Assistant, DEO, on behalf of the Environmental

AD FD YD Advisory Committee Re Motion regarding Advisory Committee Re Motion regarding Painting of Ships Painting of ships While In the Canal While in the Canal, be received ; and

DE BK ws That the following motion be approved by Council.

Whereas the Environmental Advisory. Committee has received concerns regarding ships that were painted In the Canal last winter,

That Council be asked to question the Saint Lawrence Seaway Authority (SLSA) as to what measures they have in place for painting of ships In the Canal, especially those measures that are related to our water Intake.

And further, that the Chief Administrative Office contact the Saint Lawrence Seaway Authority.

VB BB RB 10. Carol Madden, Poppy Chairman Royal 71 That October 31'1 to November 11 1h, 2014 be proclaimed Canadian Legion Branch 56 Re Request for as "Poppy Week" In the City of Port Col borne In accordance

AD FD YD Proclamation of Annual Poppy Campaign, with the request received from Carol Madden, Poppy October 31, 2014 to November 11, 2014 Chairman, Royal Canadian Legion, Branch 56, Port

DE BK ws Colborne.

VB BB RB 11. Region of Niagara Re Ontario Provincial Police 73 That the correspondence received from the Region of (OPP) Cost Alternative Update (CSD Report Niagara Re Ontario Provincial Police (OPP) Cost

AD FD YD 74-2014) Alternative Update (CSD Report 74-2014), be received for Information.

DE BK ws VB BB RB 12. Region of Niagara Re Proposed Amendments 93 That the correspondence received from the Region of

to the Purchasing By-law No. 107-2013 (CSD Niagara Re Proposed Amendments to the Purchasing By-AD FD YD Report 82-2014) law No. 107-2013 (CSD Report 82-2014), be received for

Information. DE BK ws VB BB RB 13. Region of Niagara Re Lakefront Enhancement 233 That the correspondence received from the Region of

Strategy - 2014 Incentive Program Niagara Re Lakefront Enhancement Strategy - 2014 AD FD YD Recommendations Projects ZPL 1301 and Incentive Program Recommendations Projects ZPL 1301

-- - ZPL 1401(PDSReport37-2014) - -and ZPL 1401 (PDS Report 37-2014), be received for DE BK ws Information, and that staff review the application process

for 2015 projects.

VB BB RB 14. Region of Niagara Re Bill 3 - Proposed 241 That the correspondence received from the Region of Changes to the Planning Act with Respect to Niagara Re Bill 3 - Proposed Changes to the Planning Act

AD FD YD lncluslonary Housing (PDS Report 38-2014) with Respect to lncluslonary Housing (PDS Report 38-2014), be received for Information.

DE BK ws VB BB RB 15. Region of Niagara Re Canada\Amerlcan 245 That the correspondence received from the Region of

Partnership Approach to Promote the Niagara Niagara Re Canada\American Partnership Approach to AD FD YD River Corridor as a "Wetland" Of International Promote the Niagara River Corridor as a "Wetland" Of

Importance (PDS Report 39-2014) International Importance (PDS Report 39-2014), be DE BK ws received for Information.

VB BB RB 16. Region of Niagara Re Great Lakes and St. 251 That the correspondence received from the Region of Lawrence Cities Initiative - 2014 Annual Niagara Re Great Lakes and St. Lawrence Cities Initiative

AD FD YD Meeting Summary (PDS Report 40-2014) - 2014 Annual Meeting Summary (PDS Report 40-2014), be received for Information.

DE BK ws

18


VB BB RB 17. Region of Niagara Re 2015 Council and 273 That the correspondence received from the Region of Committee Meeting Schedule (CLK Report 8- Niagara Re 2015 Council and Committee Meeting

AD FD YD 2014) Schedule (CLK Report 8-2014), be received for Information.

DE BK ws VB BB RB 18. Brian N. Lambie, Barrister & Solicitor 277 That the correspondence received from Brian N. Lambie,

Regarding Michael Eberly Application for Barrister & Solicitor Regarding Michael Eberly Application AD FD YD Severance - 727 Pleasant Beach Road, Port for Severance - 727 Pleasant Beach Road, Port Colborne,

Colborne, Part 2, 3 & 4 Part 2, 3 & 4, be referred to the Director of Planning and DE BK ws Development for a staff report.

Delegation:

>- Brian Lambie will be In attendance to speak to the above report

(Note: This item will need to be pulled for separate consideration.)

Outside Resolutions - Requests for Endorsement

VB BB RB 19. Township of Greater Madawaska Re 281 That the resolution received from the Township of Greater Protection of Public Participation Act, 2014 (Bili Madawaska Re Protection of Public Participation Act, 2014

AD FD YD 83) (Bill 83), be received for information.

DE BK ws Responses to Resolutions of the City of Port Colborne

VB BB RB 20. Region of Niagara Re City of Port Colborne's 285 That the resolution received from the Region of Niagara in Resolution Regarding Increase in US Fees for support of the City of Port Colborne's resolution regarding

AD FD YD Ship Inspections, request for support Increase in US Fees for Ship Inspections, be received for information.

DE BK ws VB BB RB 21. The Honourable Leona Aglukkaq, Minister of 287 That the correspondence received from The Honourable

the Environment Re City of Port Colborne's Leona Aglukkaq, Minister of the Environment Re City of AD FD YD resolution Regarding Designation of Grave Port Colborne's resolution Regarding Designation of Grave

Sites for the Nine Canadian Men who died at Sites for the Nine Canadian Men who died at the Battie of DE BK ws the Battle of Ridgeway Ridgeway, be received for Information, and referred to the

Town of Fort Erie for follow up.

19

20

PORT COLBORNE

Report Number: 2014-26

Department: Corporate & Community Services Division: Community Services

Date: October 14, 2014

SUBJECT: Niagara Children's Planning Council National Child Day

1) PURPOSE:

The purpose of this report is to advise Council of the initiatives supported by Niagara Children's Planning Council and Niagara Children's Charter of Rights through National Child Day on November 20, 2014.


Annually, since Early Years Niagara's requests and now Niagara Children's Planning Council to set a free skating day in November for local children, the City has been an active partner. All three school boards that have jurisdiction in Port Colborne are partners with Niagara Children's Planning Council and are kept abreast of initiatives that the City undertakes in support of our children. A public skate will be made available through the City on Sunday November 23, 2014 from 12:00 to 1:50 p.m. In addition, the YMCA of Niagara has also decided to partner with the City in this initiative by offering a free open swim session to the community on Sunday, November 23, 2014 from 1 :00 to 3:00 p.m.


Staff supports this initiative and will offer a free skate session and with the assistance of the Port Colborne YMCA a free swim session at the Vale Health & Wellness Centre, Sunday November 23, 2014 from 12:00 to 1:50 p.m., and 1:00 to 3:00 p.m. respectively. This initiative and partnerships also fulfills one of the prime objects of the VHWC, which is to support the pursuit of an active and healthy lifestyle. In addition, staff plan to have a number of program demonstrations that will appeal to all ages and provide Community Services the opportunity to promote Winter 2015 Program Registration and Online PORT.


a) Do Nothing.

b) That since t11e City has supported and continues to support the Niagara Children's Charter, it is recommended to provide the free skate session from 12:00 to 1 :50 p.m. and to include the Port Colborne YMCA free swim session from 1 :OO to 3:00 p.m., Sunday, November 23, 2014.

Approximately $100.00 to $150.00 in total admission fees from the Vale Health & Wellness Centre would not be realized.

Further, that the City declare November 20, 2014 as National Child Day in Port Col borne.

21


Healthy Communities.

6) ATTACHMENTS

Appendix A - Early Years Niagara correspondence to Mayor Badawey.

7) RECOMMENDATION

That the Council of the Corporation of the City of Port Colborne supports the initiatives of Niagara Children's Planning Council in recognizing our youngest citizens by declaring November 20, 2014 as National Child Day in Port Co/borne; and by supporting free skating and recognizing free swim sessions being offered from both the City and Port Colborne YMCA on Sunday, November 23, 2014 from 12:00 to 1:50 p.m. and 1:00 to 3:00 p.m. respectively.

8) SIGNATURES


Harry Hakim Manager of Community Services

~ ~~y Submitted:


Community Services, Report No.: 2014-26

Reviewed by:

Peter Senese Director of Corpora.te and Community Services

Page 2 of 2

22

Niagara ~.~J!~~~m:~

Niagara Children's Planning Council

Re: National Child Day- November 20, 2014

On behalf of the Children's Rights Interest Group of Niagara, it is our pleasure to invite the City of Port Colborne to join us in celebrating National Child Day on November 201h, 2014. To recognize our youngest citizens on this Important day, we encourage you to host a free family skate during one of your regularly scheduled public sessions on National Child Day or in the month of November.

National Child Day is a day to celebrate children and to demonstrate our respect for their rights and aspirations. It Is celebrated throughout the world, commemorating the adoption of the United Nations Declaration on the Rights of the Child in 1959 and the United Nations adoption of the Convention on the Rights of the Child in 1989.

National Child Day holds significance for Njagara as it is one of the first communities in Canada to institute a charter of rights for children and teens. The charter has since been endorsed by the Niagara Region including all 12 municipalities, all local school boards, and several local businesses and community organizations.

In your ongoing commitment to the Niagara Children's Charter of Rights. we would be proud to acknowledge the City of Port Colborne hosting of this free family skate event. As hosts, you will be publicly demonstrating your commitment

. to the children of Niagara and awareness of the importance of recognizing them on this day.

To schedule a free family skate for your municipality, or for further information, please contact Zach Dadson: [email protected] or 905-684-7200 ext. 1711 by October 15, 2014. Once your date has been confirmed, we will be happy to provide you with promotional flyers, copies of the Niagara Children's Charter, and National Child Day bookmarks to help you promote your event.

Thank you for your support and ongoing commitment to the children of Niagara. We look forward to hearing from you.

Renee Gaucher

Manager, Community Projects and Employment Services

Business Education Council of Niagara

A Child's World . Adolescent's Family Support Services of Niagara . Brock University . Business Education Council of Niagara Centre de Sante Communautaire . Conseil scolaire de district catholique Centre-Sud . Conseil scolaire Viamonde . Contact Niagara

District School Board of Niagara . Early Childhood Community Development Centre . Family and Children Services of Niagara . la Boite a soleil Learning Disabilities Association of Niagara . Ministry of Children and Youth Services . Ministry of Education

Niugura Aboriginnl Children's Pl.:inning Council . Niagarn Best Start French Language Advisory Committee . Niagara Cntholic District School Board Niagara Child Care Sector . Niagara Children's Centre . Niagara College . Niagara Region . Ontario EMly Years Centres . Pathstone Mental Health

Port Cares . Public Libraries of Niaqara . Speech Services Niagara . YMCA of Niagara

''1 ;

23

24

PORT COLBORNE


Department: Community and Corporate Services Division: Community Services


SUBJECT: Art Week 2015 (August 16-22) and Council endorsement for a grant application.

1) PURPOSE:

To report to City Council program development that will establish Art Week 2015 and request Council endorse a grant application proposal.


Councils strategic planning documents entitled 'Sailing into the Future' and 'Vision 20/20' included recommendations to enhance and develop cultural and arts initiatives. It is also recognized that a comprehensive arts & culture plan can provide opportunities and enhance economic and social benefits - engaging business and creating the opportunity for collaborative partnerships and new initiatives, marketing the City of Port Colborne as an ideal location for new enterprises and investment, supporting the arts & culture sector with additional investment, providing opportunities for community development and creating a healthy and vibrant community.

Now being considered by City Council is the focusing of their attention and resources towards the pursuit of the arts and cultural opportunities within the City of Port Colborne. This will expand on the range of programs and services within· the community and provide a well~balanced quality of life in the City and help establish the City of Port Colborne as a destiny of choice for commerce, employment, recreation and culture.


The grant application will be prepared by staff and will be endorsed by two collaborative not for profit partners CAN (Community Artists Niagara) and FORC (Friends of Rosel awn Centre).

Program Development Model

The Port Colborne Art Week 2015 project is part of a community based initiative that is the culmination of much consideration and examples from other Canadian Communities. FORC made a presentation to City Council in April 2014 describing a desire to showcase Port Colborne's vibrant artists' community located along the shores of Lake Erie. Port Colborne is an obvious hub for this development. In order to include various groups representing art and culture in our community FORC approached Community Services staff and CAN to team up on this project to showcase not only our strong art community, but all that there is to enjoy here in Port Colborne. With that in mind a collaborative agreement has been formed with CAN, FORC, and Community Services (June, 2014) that also endorsed a recent grant application.

25

Using Halliburton School for the Arts as a model and inspiration it has been noted that over a period of time the small town of Haliburton in the Municipality of Dysart, has embraced art and culture as an economically viable way to support the community. The school of art, now affiliated with Fleming College, offers both term-long intensive study in a variety of art genres. They also offer one day, weekend, and weeklong workshops from April to September during the spring-summer break. There are hundreds of classes offered during this spring-summer break. This has created a huge opportunity

. for the community to become involved with increased trade for everything from accommodation to shops to restaurants. We have also considered Southampton Dundas Valley School of Art, Nelson BC Selkirk college summer programs, The Art Centre of Burlington, and their summer art and culture programs. Each of these communities has recognized the benefits of making these types of programs readily available to the local citizens and the summer visiting tourist. A well balanced community is a drawing card, not only for destination seeking tourists, but also for families looking for a place to call home.

Port Colborne High School, situated next to the Roselawn Centre of the Arts, has a major program of study in art and culture available for our secondary students, and of course all the facilities to support such a program. We have joined forces with the school and the school is booked for Art Week 2015. In addition, Bethel and Sherkston Community Centres have been booked as locations for classes. Roselawn will be the hub for the organizational and social aspects. Community Services staff has made a commitment to handle the administration and registration of participants using ActiveNet OnlinePORT services. Art Week 2015 will also be driven by our program development cycle that will ensure we work towards the strategic goals of the City of Port Colborne. Refer to Appendix A - Program Development Cycle.

The collaborative has been in conversation about different funding options to ensure that all associated revenues and expenses are incorporated on a cost recovery basis, and that artists are paid commensurate with their experience and training. We also feel that Art Week 2015 must be an accessible program and made available to everyone, and every effort will be explored to make registration costs reasonable and affordable while providing value. In the interest of securing sufficient funding and to help make Art Week 2015 a successful event, and something to put "The City of Port Colborne on the art scene map", the collaborative has endorsed pursuing a grant application and is prepared to devise a memorandum of understanding (MOU). An endorsement for the grant application by City Council is also important and provides the collaborative momentum towards a successful grant.


A successful grant application will help off-set seed expenses and allow us to deliver more opportunities to secure highly qualified instructors and implement a successful marketing campaign. With the help of the collaborative (CAN and FORC), staff is preparing a comprehensive budget for Art Week 2015, which will take into account a cost recovery model.

a) Do nothing.

Through the budget process City Council normally commits resources that provide staff with the opportunity to plan ahead, and to do nothing is not a recommended option.

Community and Corporate Services Report No.: CS_2014-27 Page 2 of 3

26

b) Other Options.

Council could choose to commit to an entire budget and underwrite Art Week 2015 as a new initiative, however that is not recommended.

Recognizing funding/financial support can come in many forms the endorsement of this report will direct staff to pursue preparing a grant application that could potentially help off-set costs and leverage Art Week 2015 budget. Council endorsement strengthens the grant application and provides us the opportunity to engage viable partners that will be assisting staff with the execution of Art Week 2015 activities and events.


Strengthening partnerships and providing local groups/organizations the opportunity to contribute to the community through these partnership arrangements.

6) ATTACHMENTS

Appendix A - Program Development Cycle

7) RECOMMENDATION

THAT City Council endorses the submission of a grant application to be submitted no later than Nov. 1, 2014, and in so doing, Council also commits to leveraging available resources and support for Art Week 2015.

8) SIGNATURES

Prepared on October 1, 2014 by:

Harry S. Hakim, McMM,BPHE

Manager of Community Services



Reviewed by: .~~ ~ . /-"' . ·-... ,.. .. ~ .

.... ~. ~l,...;.t •

Peter Senese, Director of Community & Corporate Services

Community and Corporate Services Report No.: CS_2014-27 Page 3 of 3

27

Program Development Cycle:

The four stages for program development cycle currently used by Community Services are as follows:

Stage 1: Agency Culture - Mission and strategy

Stage 2: Targeted Program Development - Input, program goals and design

Stage 3: Operational Strategies - Program plan and implementation

Stage 4: Follow-up Analysis - Evaluation and disposition

Note: It is not necessary that each stage is implemented for every program. Stage 1 for example is generally driven by the corporate strategy outlined in a vision and mission, which helps guide our program development and normally reviewed every 3 to 5 years.

Stage A: Agency Culture In this stage, the programmer develops an understanding of the agency's programming philosophy and the overall program goals of the department This stage is relatively static because of the stability of the Corporations mission and direction. Programmers must understand them so the program services developed help fulfill the mission.

Stage 8: Targeted Program Development In this stage, the unique program needs and desires of specific population groups are identified, program outcome goals that are consistent with the agency's mission are specified, and a program that can meet these goals is designed. Programs developed should be desired by participants, should be within the resource capabilities of the agency, and should fulfill its mission.

Stage C: Operational Strategies In this stage, an implementation plan is developed and the program is delivered to clients. The programmer oversees and manages the details for operating the program. Managing the implementation of program services includes many functions and is the most time consuming stage of programming. For example: Administration, marketing, registration, ancillary services.

Stage D: Follow-Up Analysis In this stage, the programmer oversees the evaluation of the program. With this evaluation data, a disposition decision is made about the future of the program. It may be continued, dropped, or modified. Deciding to modify a program may require re-working its implementation method or its conceptualization and design, or re-thinking the overall mission or goals of an agency_

Overall, although the model suggests that programs are developed in a methodical and systematic way, in reality it is an interactive process requiring continued review of the steps until an operational program is developed. More often, successful programs are the result of ongoing, incremental expansion and improvement over a period of time.

28

.. .. Department: Community & Corporate Services

PORT COLBORNE

Report Number: 2014 - 34 Date: October 14, 2014.

SUBJECT: Cancellation, reduction or refund of Realty tax for 2014 taxation year for the address of 68 Main St. E. and 1 Marina Dr. and 2013 and 2014 taxation year for 89-91 Durham St.

1) PURPOSE

The purpose of this report is to seek approval of Council in order to cancel, reduce or refund property tax of the applicant in accordance with the recommendations of the MPAC Assessor.


Under section 357/358 of the Municipal Act, 2001, as amended, an application to the Council may be made by taxpayer for the cancellation, reduction or refund of tax levied in the current year for specific purposes.

Once received and processed by our staff, the application is forwarded to the Municipal Property Assessment Corporation for the recommendation. These applications are then returned to the municipality for staff to calculate the amount of cancellation of taxes.

Section 357 Application Number 2014-06, 2014-02, 2013-13 and 2014-07 were received and are in the Treasurer's possession.


I have prepared the attached summary report encompassing the application received to date and submit such report to the committee for approval. Council is approving the recommendation of the assessor. It is a rarity that any recommendation is challenged by the taxpayer, however, if such did occur, staff would request MPAC to attend the committee meeting to defend or amend the recommendation.


Application Number 2014 -06 and 2014-02 and 2013-13 and 2014-07 under Section 357/358 has been received and requires Council's approval. The total amount of reduction or cancellation of taxes is $18, 131.36, of which $6,368.70 is the municipal portion.


Not applicable

Report No. 2014-34 Page 1 of 2

29

6) ATTACHMENTS

1. Spreadsheet of calculation based on the Assessor's reports and comments.

7) RECOMMENDATION

The Council approves the application pursuant to Section 357, numbered 2014-06 and 2014-02 and 2013-13 and 2014-07 to write off taxes in the total amount of $18,131.36 be approved.

8) SIGNATURES

Prepared on September 25, 2014. by:

K aA.£1--71 f o u .. J e- ·Vt

Karen Powell Tax Clerk

R:vi~d ~:bmitted: -

Ron Hanson, C.E.T. · Acting Chief Administrative Officer

Report No. 2014-34

Reviewed by:

Peter Senese Director of Corporate and Community Services

Page 2 of 2

30

Report Number 2014-34

Council Meeting October 14, 2014.

Section Application Effective Roll# Tax Assessment Waste School ' Reason No. Date Address Name Class CJiange· Total Adj Munici11alitv Region Mgmt Board

Unihabitable 357 2014-07 Jan. 01,14 2711 020 008 16000 Gerald Dehaan CT -39,300 -1,475.77 -514.43 -411.51 -70.37 -479.46

89-91 Durham St RT -18,700 -307.54 -139.19 -111.34 -19.04 -37.96 -1,783.31 -653.62 -522.85 -89.41 -517.42

Uninhabitable 357 2013-13 July 25,13 2711 020 008 16000 Gerald Dehaan CT -39,300 -649.27 -221.91 -180.34 -31.31 -215.71 89-91 Durham St RT -18,700 -134.58 -60.04 -48.80 -8.47 -17.27

-783.85 -281.95 -229.14 -39.78 -232.98

Exempt 357 2014-02 Jan. 01,14 2711 010 017 07619 City of Port Col borne CT -412,500 -15,490.00 -5,399.55 -4,319.30 -738.65 -5,032.50 1 Marina Dr.

Demolition 357 2014-06 July 10,14 2711020016 00500 Byung Sung Lyu RT -9,464 -74.20 -33.58 -26.86 -4.59 -9.17 68 Main St. E.

-18,131.36 -6,368.70 -5,098.15 -872.43 -5,792.07

31

32

.. Department: Community & Corporate Services

POR. T COLBOR.NE

Report Number: 2014-35 Date:

SUBJECT: Development Charge Reserve Funds January 1, 2013 to December 31, 2013

1) PURPOSE:

October 14, 2014

This report provides the allocation of the Fire, Parks and Recreation, Library, Public Works, Corporate Services, Water, Sanitary and Storm Services Development Charge Reserve Funds for the twelve months ending December 31, 2013.


In accordance with the Development Charges Act, 1997, the municipality shall, in each year, provide Council with a statement relating to Development Charge Reserve Funds, attached as Schedule "A".

The balance in each fund as at December 31 , 2013 was:

Fire Roads Parks & Recreation Library Public Works Corporate Services Water Sanitary

$ 32,666.68 $ 64,838.51 $ 49,690.37 $ 6,712.98

. $ 55,591.67 $ 11,046.19 $147,926.49 $ 5.363.47 $337,836,36

Schedule "A" provides the breakdown of the reserve fund activity for the period January 1, 2013 to December 31, 2013, Development Charges collected amounted to $51,380.57. Interest earned on the fund balances amounted to $5,272.90. There was a transfer to the capital fund in the amount of $50,000 for the Parking Lot at the Vale Health and Wellness Centre, a transfer to the capital fund in the amount of $92,028.63 for Melissa's Memorial Playground equipment at H.H. Knoll Lakeview Park and a transfer to the capital fund in the amount of $100,000.00 for the Vale Health and Wellness Centre watermain installation, as approved by Council.


The Development Charges Act and the City's By-law specify that such funds must be spent on the designated services for which the charges are imposed and collected.

COMMUNITY & CORPORATE SERVICES REPORT NO. 2014-35 Page 1

33


Report for information purposes


·Not applicable

6) ATTACHMENTS

Statement relating to Development Charge Reserve Funds is attached as Schedule "A"

7) RECOMMENDATION


8) SIGNATURES


Stephen Corr Manager of Revenue and Taxation

Re~~:~ully Submitted:

RobertJt= Chief Administrative Officer

Reviewed by:


COMMUNITY & CORPORATE SERVICES REPORT NO. 2014-35 Page 2

34

PARKS & PUBLIC WORKS .mg ROADS RECREATION LIBRARY SERVICES CORPORATE WATER SANITARY IQ.I&

Balance as of January 1, 2013 30,063.40 103,588.69 121,083.75 5,194.86 51,619.85 9,013.53 234,333.92 4,313.52 559,211.52

RECEIPTS

Development Charges Received 2,321.31 10,258.55 19,411.95 1,503.33 3,491.96 1,937.31 11,452.51 1,003.65 51,380.57

Interest Earned 281.97 991.27 1,223.30 14.79 479.86 95.35 2,140.06 46.30 5,272.90

Total Receipts 2,603.28 11,249.82 20,635.25 1,518.12 3,971.82 2,032.66 13,592.57 1,049.95 56,653.47

DISBURSEMENTS

Transferred to Capital Fund 0.00 50,000.00 92,028.63 0.00 0.00 0.00 100,000.00 0.00 242,028.63

Transferred to Revenue Fund 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Development Charges Refunded 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Development Charges Study 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Total Disbursements 0.00 50,000.00 92,028.63 0.00 0.00 0.00 100,000.00 0.00 242,028.63

Balance as of December 31, 2013 32,666.68 64,838.51 49,690.37 6,712.98 55,591.67 11,046.19 147,926.49 5,363.47 373,836.36

Net Increase (Decrease) 2,603.28 -38,750.18 -71,393.38 1,518.12 3,971.82 2,032.66 -86,407.43 1,049.95 -185,375.16

35

36

PORT COLl30RNE


ENGINEERING AND OPERATIONS DEPARTMENT ENGINEERING DIVISION

Date: September 9, 2014

SUBJECT: Tender 2014-13 - Facility Upgrades - Multiple Sites

1) PURPOSE:

This report has been prepared by Stephanie Hussey, Design Technologist under the authorization of Chris Lee, Manager of Projects & Design. The purpose of the report is to inform Council of the outcome of the tender proceedings for the Facility Upgrade tender, for the following facilities: Harbour Master Building, Library, Animal Shelter and the Log Cabin at the Museum, and to hopefully obtain approval from Council, to award the contract to the lowest base price bidder.


Staff had been contacted by various departments regarding the facilities requinng upgrades, each site varies by the nature of the works required to complete these upgrades. The following details the nature of the base requirements for bidding at each facility.

- Location 1 - 1080 Elm Street - Animal Shelter: Requires the removal of existing and installation of new windows.

- Location 2 - 310 King Street - Public Library: Requires the installation of new flooring and furniture upgrades.

- Location 3 -West Street- Harbour Master Building: Requires the Design-Build of Barrier-Free Upgrades including new washroom facilities, and roof upgrade.

- Location 4 - 280 King Street - Museum: Requires the design and construction of a foundation system for the log cabin

building.

At the time of Tendering staff had asked each contractor to bid on additional Provisional Items which would be considered over and above the initial scope of the works should budget allow for these additional upgrade improvements.

Subsequently, tender documents were prepared and a public tender procedure was initiated. During the tender process a total of six (6) Contractors took out documents. On August 1 ath, at the time of tender closing, three (3) Contactors had submitted pricing. The results of that tender opening have been listed below. The initial submission includes all Provisional Item pricing, staff then deducted the Provisional Pricing to determine the base bid price submission. The entire tender process and opening

37

proceedings adhered to policies and past practices as previously adopted and endorsed by Council.


Staff prepared documents and publicly called for the submittal of formal tender documents.

The documents called for the following:

- Location 1 - 1080 Elm Street - Animal Shelter: Requires the removal of existing and installation of new windows.

•The Provisional Items: Upgrade Exterior with Rigid Insulation and Vinyl Siding

- Location 2- 31 OKing Street- Public Library: Requires the installation of new flooring and furniture upgrades.

- Location 3 -West Street- Harbour Master Building: Requires the Design-Build of Barrier-Free Upgrades including new washroom facilities, and roof upgrade.

• The Provisional Items: Upgrade Roofing system from Shingles to Cedar or Metal Roofing, Fascia and Down Spouts

- Location 4 - 280 King Street - Museum: Requires the design and construction of a foundation system for the log cabin

building. • The Provisional Items: New Exposed Aggregate Sidewalks

At the time of tender closing on Monday August 18th, 2014, formal completed tenders were received from the following listed, three (3) Contractors. All submitted tender documents have been checked for errors or omissions and a mathematical error was discovered in one of the tender documents, and the bid results as shown are with the corrected values:

PRICES AS QUOTED FOR BASE PRICING WITH PROVISIONAL ITEMS EXCLUDED:

1) King Contractors of Niagara Ltd. 2) Merrit Contractors 3) Stalk Construction Ltd.

$188,870.00 $195,909.00 $272,580.00

The lowest base pricing as submitted by King Contractors of Niagara for each facility is as follows:

Location 1 - $3000.00 which is within current budget. Location 2 - $33,840.00 which is within current budget. Location 3 - $68,580.00 which is $38,580.00 over budget. Location 4 - $83,450.00 which is $83,450.00 over budget as this project requires 100% fundraising.

Staff on behalf of the City and as per the Tender Documents has invoked the Negotiation Clause of the Tender regarding Location 4 specifically, with the Contractor

Report No.: 2014-28 Page 2 of 5

38

to determine if any efficiencies could be found within the pricing as submitted. The revised pricing for Location 4 is as follows: $67,200.00

Staff is working with the Contractor to ensure all of these facilities are able to be upgraded to ensure the safety of the public in addition to meeting any mandated requirements.

Location 1 can proceed through the Purchase Order Policy due to the cost being well within budget and within the CA O's signing authority. Should council approve utilizing the Provisional Pricing Items for the Upgrade of Insulation and Metal Siding to this facility then the remaining of funds can be transferred to 2015 with the outstanding balance of approximately $6,750.00 to be funded through the 2015 budget process. The Contractor has indicated they are willing to hold their pricing until the 2015 budget has passed for this item.

Location 2 can proceed through the Purchase Order Policy as the funds have already been approved by the Library Board and the cost is well within budget.

It is recommended by staff that Location 3 use the 2014 budgeted amount to start the design elements of this project and transfer the remaining funds to 2015 with the balance to be deferred to the 2015 budget. At this time staff have reviewed all of the Provisional Items for roof material upgrade from asphalt shingle to metal as well as the Installation of new eaves trough and downspouts and feel these should be considered at an additional cost of $10,680.00, making the total cost of the project $79,260.00 of which $30,000.00 is in the current budget, with the outstanding balance of $49,260.00 to be considered in the 2015 budget. The Contractor has indicated they are willing to hold their pricing until the 2015 budget has passed for this item.

Lastly, for Location 4 through the negotiation process the Contractor has been willing to revise their original pricing for this portion of the project due to the fact it is being funded based on the donations of others. Staff while working with the Contractor, felt that it was necessary to undertake a structural review of this building prior to the commitment of construction of any type of foundation system to determine the best way to move forward on this project. The structural review is being completed through the Purchase Order Policy due to the cost being within the CAO's signing authority. Any recommendations from the structural engineer for the foundation system and the associated costs could then be presented in a separate report in 2015. The Contractor has indicated they are willing to work with the City to find the most logical and economical way of completing this portion of the project.

As is indicated above, the lowest tender pricing was submitted by King Contractors of Niagara Ltd. of Niagara Falls. The tender document as submitted by King Contractors of Niagara Ltd. was found to be complete in all aspects, with regard to specifications, details and format.

King Contractors of Niagara Ltd. has previously carried out similar projects of this type of work in Port Colborne as well they are currently the contractor for several other municipalities within the Region.

It is the recommendation of staff at this time that Council accept the lowest priced tender as submitted by King Contractors of Niagara Ltd. and award the Facility Upgrade Report No.: 2014-28 Page 3 of 5

39

tender to them. This will allow the City to enter into an agreement with King Contractors of Niagara Ltd. and to initiate construction as soon as budget approval and scheduling allows.


a) Do nothing.

•If Council chose not to award this project to King Contractors of Niagara Ltd., these facilities will remain as they are.

b) Other Options

If Council accepts the recommendation of Staff, then the construction at each of these facilities can be completed which would in turn fulfill the Municipality's obligation to maintain the quality of the facilities throughout the City.

•As recommended in this report, approve a contract with King Contractors of Niagara Ltd. to commence the construction for the facility upgrades for each location as described. The price proposed (excluding the Location 4 log cabin foundation work) is $122,850.00 for the items as requested including the recommended Provisional Items in Tender 2014-13. (recommended)

Or

•As recommended in this report, approve a contract with King Contractors of Niagara Ltd. to commence the construction for the facility upgrades for each location as described. The price proposed (excluding the Location 4 log cabin foundation work) is $105,420.00 for the base bid items in Tender 2014-13. (not recommended)

• If Council rejects the recommendation of Staff and wishes to retender the project, the legal changes required to the tender documents for re-tendering of this project could possibly jeopardize the pricing revealed through the current tender process and may discourage future tender bids from some firms. (not recommended)


None.

6) ATTACHMENTS

None

7) RECOMMENDATION

A) That the Council of the City of Port Co/borne award Tender # 2014-13 Facility Upgrades - Multiple Sites to King Contractors of Niagara Ltd., of Niagara Falls, Ontario, for the price of $122,850.00 plus applicable taxes.

Report No.: 2014-28 Page 4 of 5

40

B) AND THAT funding for Tender # 2014-13 be financed under Accounts: 3-310-33121-3328 (Animal Shelter), with the outstanding funding for the provisional items for the Animal Shelter to be considered in the 2015 budget, 3-700-33700-3401 (Library), 3-600-33565-3328 (Harbour Master) with the outstanding funding for the Harbour Master be considered in the 2015 budget.

C) AND THAT the appropriate By-Jaw, whereby the City enters into a Contract, be prepared and submitted for execution by the Mayor and City Clerk.

8) SIGNATURES

Prepared on October 1st. 2014 by:

Stephanie Hussey, C. Tech.

Design Technologist

Signed by: Janice Peyton

Reviewed by:

Peter Senese

06/10/2014

10/06/14

Director of Corporate & Community Services

Signed by: Carrie Mcintosh

Report No.: 2014-28

Reviewed by:

.''(' ' 1~

X 'f r/

Chris Lee

Manager of Projects & Design


06/10/2014

Reviewed Submitted:

and Respectfully

Ron Hanson, C.E.T.

Director of Engineering & Operations,


Acting Chief Administrative Officer

06/10/2014

Page 5 of 5

41

42

Department: Engineering and Operations

POR. T COLBORNE Report Number: 2014-33 Date: October 14, 2014

SUBJECT: Billing of the Bearss West Branch West Municipal Drain

1) PURPOSE:

This report, prepared by Alana Vander Veen, Survey CAD Technologist and authorized by Henri Bennemeer, Drainage Superintendent and Chris Lee Manager of Projects and Design, has been prepared to inform Council and seek permission to complete the billing for the construction and maintenance work of the Bearss Municipal Drain West Branch West (herein shall be referred to as the Bearss WBW).


K. Smart Associates Limited was appointed in 2003 to review and rewrite the Bearss WBW report under Section 78 of The Drainage Act R.S.O. 1990.

Construction of the drain began in 201 O and substantial completion was given from the appointed Engineer on March 31, 2012. Under the Court of the Drainage Referee Settlement the standard one year maintenance period was extended to two years.


The original estimate of this project as outlined in the Engineer's Report was $210,000.00. Due to unforeseen circumstances with rock removal, flooding and extra engineering costs the project ran over estimated amount by 55.5%. Upon completion of the construction of the Bearss WBW the cost incurred are $324,653.49 with an additional $2100 of allowances which was designated in the Report by the Engineer to properties within the watershed directly affected by the Municipal Drain, for a total of $326,753.49. When the Engineer's Report was presented at the Court of Referee, it was ordered that Engineering Fees for the Settlement Agreement, in the amount of $8,726.39, would be paid out of general funds, thus making the amount billable to the water shed, $318,027.10 which includes an unfinanced amount of $88, 176.81 (City portion for roads).

Also to be included in this billing is the cost of regular maintenance performed by City staff for the years 2010 - 2013 with an outstanding amount totaling, $4484.81 which includes an unfinanced amount of $1,241.19 (City portion for roads).

The final City portion for this project is $98, 144.39. The balance of $233,093.91 is able to be funded by the remainder of the watershed.


A) Do nothing.

B) Bill as recommended by the Engineer and recover the expensed costs with the property owner's option of a 5 year billing cycle.


NIA

43

6) ATTACHMENTS

Attached is a copy of the Engineer's assessment schedule including the names of the now current property owners, current costs, OMAFRA Grants, Allowance Credit, and payments over the next five years including an interest rate of 5% per annum.

7) RECOMMENDATION

That Council grant permission to Clerks Department to bill the Bearss West Branch West Municipal Drain watershed for the outstanding funds as detailed in the attached assessment schedules 'A' and 'B'.

The attached assessment schedules

8) SIGNATURES


!iLMlA ~L~-lJ~ Alana Vander Veen Survey CAD Technologist

Reviewed by:

(J l

Chris Lee Manager of Projects and Design

Report No.: 2014-13

Reviewed by:

1;___ ___ ~ g~~----Henri Benemeer Drainage Superintendent


~A2~ Ron Hanson, C.E.T. Acting Chief Administrative Officer

Page 2 of 2

44

SCHEDULE 'A' ASSESSMENT SCHEDULE FOR THE BEARSS DRAIN WEST BRANCH WEST

2010 CONSTRUCTION TOTAL CURRENT COST - '311,027.10 $328,753.411

A ISl!AASS DRAIN COSTS FROM GL ACCOUNT No ).!fll0.33209 $8,721138 G WEST BRANCH WEST BY- LAW No. !i0371ftllf1T $319.027.10 C ft~~,..,.. ... ...._._.._. ...... Wt41C....· Willll ... ..,.IM •• _.. 0 UNIT RTC LAND OWNER AREA CON or LOT ROLL AREA CURRENT OMAFR.A ALLOWANCE NET 'IEAALY PAYl.ENl BILLING Ell meted CURRENT OWNER

D CL USE No. Pl.AN No. NUMBER AFFECTED COST GRANT CREDIT COST :M 15 '!!IS AMOUNT AH•ltllenta

E No. (hi) 0.231»29174

R. & R. Reimer 1 Pt 10 040 00205600 0.40 $30.29 $0.00 $0.00 $30.29 $20.00 REIMER RODNEY EDWARD

J. & C. Cruz 1 Pt 10 040 00205700 0.02 $583.05 $0.00 $0.00 $683.06 $1~.&4 1~.64 $385.00 CRUZ JOSE

J. & C. Cruz 1 Pt 10 040 00205705 0 .02 $583.05 $0.00 S0.00 $583.05 $1~.&4 1~.64 $385.00 CRUZ JOSE

R. & M. Tait 48 1, pl 2 040 00209000 0 .03 $1 .158.53 $0.00 $0.00 $1,158.53 $267.54 267.64 $765.00 TAIT ROBERT PERRY

G. & P. Pupo 48 pl 2 . 3 040 00209100 0 .03 $1 ,158.53 $0.00 S0.00 $1.158.53 $267.M 267.64 $765.00 PUPO GER.ALO

R. & B. Lucchlno 48 pt 3, 4 040 00209200 0 ,04 $1 ,166.10 $0.00 S0.00 $1,166.10 $269.29 269.29 $770.00 LUCCHINO RONALD

J. & M. Delmonte 48 pl4, 5 040 00209300 0 .04 $1 ,166.10 $0.00 S0.00 $1,166.10 $269.29 269.29 $770.00 DELMONTE JOSEPH ANTHONY

R. Love 48 pl 5, 6 040 00200400 0 .06 $1 ,181 .24 $0.00 $0.00 $1 ,181.24 $272.78 272.78 $780.00 JJPHD

J. & J. Giaon. S . Kates 48 pl 6, 7 040 00200500 0 .05 $1 ,173.67 $0.00 S0.00 $1 ,173.87 $271.03 271.03 $775.00 GILSON JOHN L

S. Hisrich 48 8, pl9 040 00200600 0 .03 $1 ,158.53 $0.00 $0.00 $1,158.53 $267.54 267.64 $765.00 HISRICH SUSAN DELL

A & G. Biasotti J . Osborne 48 pt 9 , 10 040 00200700 0 .01 $1 ,143.38 $0.00 $0.00 $1,143.38 $264.04 2&4.04 $755.00 BIASATTI ALDO PETER

D. & D. Tlf1lci<jien 48 11 040 00200800 0.03 $1 ,158.53 $0.00 $0.00 $1,158.53 $267.54 267.64 $765.00 TIFTICKJIAN DAV ID OICKR.AN

C. Felser 48 17 040 00210300 0 .01 $1 ,143.38 $0.00 $0.00 $1 ,143.38 $264.04 2&4.04 $755.00 FELSER COLEMAN A

B. Graham 48 18 040 00210400 0 .03 $1 ,158.53 $0.00 S0.00 $1,158.53 $267.M 267.64 $765.00 GRAHAM BONNIE ANN

c . Watson 48 19 040 00210500 0 .03 $1 ,158.53 $0.00 S0.00 $1 ,158.53 $267.54 287.64 $765.00 WATSON CHARLOTTE VIRGINIA

R. Casey 48 20 040 00210600 0 .03 $1 ,158.53 $0.00 $0.00 $1 ,158.53 $267.54 267.64 $765.00 CASEY ROBERTA MARIE

W . & C. Fllpiek 48 21 040 00210700 0.03 $1 ,158.53 $0.00 $0.00 $1,158.53 $267.M 287.64 $765.00 FILIPIAK WILLIAM

D & C Pelczynaltl 48 22 040 00210800 0.03 $1 ,158.53 S0.00 $0.00 $1, 158.53 $267.54 287.64 $765.00 PALCZVNSKJ PETER RICHARD

J Wede 48 23 040 00210900 0.02 $1 ,150.98 $0.00 so.oo $1, 150.96 $265.79 265.79 $760.00 WADE JUDITH ANN

E. & A Muratori. R Chld, F . Novak 48 24 040 00211000 0.02 $1 ,150.98 $0.00 $000 $1 ,150.96 $2115.79 285.79 $760.00 MUR.ATORI EUGENE

J . McNamara. s Fry, P Menza 48 25 040 00211100 004 $1 ,166.10 $0.00 $0.00 s1,1ee.10 $2611.29 289.29 $770.00 FRY SUSAN ELIZABETH

D. & M Tait 48 28 040 00211200 0.09 $1.203.98 $0.00 $0.00 $1,203.96 $278.03 278.03 $795.00 TAIT DONALD MARTIN

R. & H. Cau~el 1 Pt 11 040 00213000 0.03 $1 ,157.01 $0.00 $000 $1,157.01 $267.111 287.19 $7&4.00 SILVER BAY PARK LANDOWNERS A

P & E. Poker.kl 1 Pt 11 040 00213100 0.03 $1 ,157.01 S0.00 $0.00 $1,157.01 $2117.111 287.19 $7&4.00 KESSEL EVA WANDA

S. Delong 1 Pt 11 040 00213200 0 .03 $1 ,160.04 S0.00 $0.00 $1,180.04 $2117.811 287.89 $766.00 WADE DEBRA LEE

L Lopoyda, M. Collnga 1 Pt 11 040 00213300 0 .04 $1 .163.07 $0.00 $0.0D $1,163.07 $268.59 288.118 $768.00 OKANIK WILLIAM JAMES

H. M11110rd 1 Pt 11 040 00213400 0.04 $1 ,166.10 $0.0D $0.00 $1,168.10 $2611.211 289.29 $770.00 LEON LEWIS

S. Fry. J. McNamara, P. Menza 1 Pt 11 040 OD213500 0 .07 $1 ,188.82 $0.00 $0,0D $1,188.82 $274.53 274.53 $785.00 MENZA PATRICIA ANN

Flrelane 10-Sllver Bey Proper1laa Inc. 43 1, pt 2 040 00213600 0 .00 $2,271 .62 $0.00 SO.OD $2,271.82 Se:l4.58 524.158 $1,500.00 FIRELANE 10 · SILVER BAY PRO

CLPA Inc. 43 pl 2. 3 040 00213700 0 .00 $2.271.82 $0.00 $0.00 $2,271.62 S!l:l08 524.158 $1 ,500.00 CLPA INC

DMSF IV Inc. 43 pt 3, 4 040 00213800 0 .00 $2,271 .62 $0.00 $0.00 $2,271.62 $1524.58 524.!58 $1 ,500.00 DMSF IVINC

F. & P. Leonard 43 5 040 00213900 0 .00 $2,271 .62 $0.00 $0.00 $2,271.62 $Sl4.58 524.!58 $1 ,500.00 LEONARD FRANCIS

J . & E. Seemueller 43 6 040 00214000 0 .00 $2.271.82 $0.00 $0.00 $2,271.82 $15208 524.158 $1 ,500.00 SEEMUELLER JOHN A

R. Slrecl 43 7 040 00214100 0 .00 $2,271 .82 $0.00 $0.00 $2,271.62 $Sl4.58 524.158 $1 ,500.00 SIRECI ROBERT

E. Roberta 43 8 040 00214200 0 .01 $2,280.71 $0.00 $0.00 $2,280.71 $Sl8.88 528.88 $1 ,506.00 ROBERTS ELIZABETH ANN

1211955 Ortario Lid. 43 9 040 00214300 0.02 $2,283.74 $0.00 $0.00 $2,283.74 $1527.38 527.38 $1 ,508.00 PIKOFF HOWARD

E. Smythe 43 ~ 10 040 00214400 0,01 $2,279.19 $0.00 SO.OD $2,279.19 $5211.33 528.33 $1 ,505.00 SMYTHE ELLEN DAVIS

C. Dobuckl 43 ~ 10 040 00214500 0.02 $2.286.77 $0.00 $0.00 $2,286.77 $528.08 528.08 $1 ,510.00 DOBUCKI CHARLES

v. Ortman 43 11. 12 040 00214600 0.11 $2,351 .89 $0.0D $0.00 $2,351.89 $543.12 543.12 $1,553.00 ORTh1AN HAROLD R

B., R. ,G.,D.Metzgar, M. Qulnlklen 43 13 040 00214700 0.07 $2,321 .60 $0.00 SOOD $2.321.80 $536.13 538.13 $1 ,533.00 METZGER BLANCHE HARRIET

DBMC Inc. 43 14 040 00214800 0.07 $2,321.60 $0.00 $0.0D $2,321.60 $536.13 538.13 $1 ,533.00 DBMCINC

M & L. Bryan1 43 15 040 00214900 0.07 $2,321.60 $0.00 $200.0D $2,121.60 $489.IM 489.94 $1 ,533.00 BRYANT MATTHEW T JR

P Laoon 43 p116 040 00215000 0.04 $2,301 .91 SO.OD $400.00 $1,901.91 $439.21 439.21 $1 ,520.00 LARKIN PATRICIA

D Borowiak 43 p116 040 00215100 0.03 $2,292.82 $0.00 $100.0D $2,192.82 SSOll.39 508.39 $1 ,514.00 BOROWIAK DONALD JOSEPH

J Naval<.. P Da Rosa 43 p117 040 00215200 0.02 $2.283.74 $0.00 SO.OD $2,283.74 $1527.38 1527.38 $1 ,508.00 NOVAK JOHN PAUL

F & P. Leonerd 43 pt 17 040 00215300 0.03 $2,292.82 $0.00 SOOD $2,292.82 SSlll.48 529.48 $1 ,514.00 LEONARD WILLIAM GRAY

J. & F. Dorfman 43 18 040 OD215400 0.08 $2,329.17 $0.00 SO.OD $2,329.17 $537.87 537.87 $1 ,538.00 DORFMANJEFFREYJOSEPH

P. &A Relbel 43 19 040 OD215500 0.04 $2,301.91 $0.00 $0.00 $2,301.111 $531.58 531.158 $1 ,520.00 REIBEL ANGELA G

D. & A Nuwer 43 20, 21 040 00215600 0.08 $2,332.20 $0.00 $0.0D $2,332.20 $538.57 538.57 $1 ,540.00 NUWER DONALD CHARLES

M. Strauss, C. ~ting . K. Bolon 43 22 040 00215700 0.05 $2,307.97 $0.0D S0.00 $2,307.97 $532.98 532.98 $1 ,524.00 STRAUSS MAUREEN ALICE

A & R. Ferrara 43 23 040 00215800 0.05 $2,307.97 $0.00 $0.00 $2,307.97 $532.98 532.98 $1 ,524.00 FERR.AR.A ANITA MARIE

K. Bellonte 43 24 040 00215801 0.08 $2,321 .60 $0.00 $0.00 $2,321 .60 $536.13 536.13 $1 ,533.00 BELLONTE TIMOTHY

F. &M Eberl 43 25, 26 040 00215900 0.14 $2,374.60 $0.00 $0.00 $2,374.80 $548.36 548.38 $1 ,588.00 EBERL FR.ANK LOUIS

S. Mater 56 1, 6 040 00216000 0.00 $2,271 .62 $0.00 $0.0D $2,271 .82 $1524.58 524.58 $1 ,500.00 PAONESSA LUIGI

F. Farrow, I. SkOOg 56 2 040 00216100 0.00 $2,271 .62 $0.00 $0.00 $2,271.62 $1524.58 524.58 $1,500.00 FARROW FRANKUN C JR

J, & H. McKinney 56 3 040 00218200 0.00 $2,271 .62 $0.00 $0.00 $2,271.62 $1524.58 524.158 $1 ,500.00 MCKINNEY JOHN WALTER

783266 Ontario Ud. Trustees 56 4 040 00218300 0.00 $2,271 .62 $0.00 SO.DO $2,271.82 $Sl4.58 524.58 $1 ,500.00 CHRISTOPHER BETH THOMAS

E. Watson E1tate 56 5 040 00218400 0 .00 $2,271 .62 $0.00 $0.00 $2,271.82 $1524.58 524.58 $1 ,500.00 JOHN BOAG HOLDINGS INC

I OF 3

45


J., S., & J. l.Jlmbrecht 56 7 040 00216500 0.00 $2,271 .62 $0.00 $0.00 $2,271.62 $524.58 524.58 $1 ,500.00 LAMBRECHT-HANSON JEANNE M

B. White 56 8 040 00216600 0.00 $2,271 .62 $0.00 $0.00 $2,271 ,62 $524.58 524.158 $1 ,500.00 WHITE BARBARA ELAINE

R. Wall 56 9 040 00216700 0.00 $2,271 .62 $0.00 $0.00 $2,271 .62 $524.58 524,58 $1 ,500.00 WALL MARY ALICE

M. Cade 56 10 040 00216800 0.00 $2.271.62 $0.00 $0.00 $2,271 .62 $524.58 524-58 $1 ,500.00 CADE MARY ELIZABETH

R. & L Pokewaldl 56 11 040 002 t6900 0.02 $2,288.28 $0.00 $0.00 $2,288.28 $528.43 528."3 $1 ,511.00 POKELWALDT ROBERT NORMAN

R. & A Pokelwaldt 56 12 040 00217000 0.05 $2,312.51 $0.00 $0.00 $2,312.51 $534.03 534.03 $1 ,527.00 POKELWALDT ROBERT

C. Del Grosso 56 13 040 002 t7100 0.05 $2,309.48 $0.00 $000 $2,:m.48 $533.33 533.33 $1 ,525.00 CASTIGLIA CHRISTIEN

c & T. Masotti 56 14 040 00217200 0.04 $2,301 .91 $0.00 $0.00 $2,301.91 $531.58 531.58 $1 ,520.00 MASOTTI CHRISTIAN A NDRIN

P. &M Greco 56 15, 16 040 00217300 0.08 $2,33220 $0.00 $0.00 $2,33220 $538.57 538.57 $1 ,540.00 GRECO PETER PHILLIP

J & V Kish 56 17 040 00217400 0.01 $2,280.71 $0.00 $0.00 $2,280.71 $526.68 528.68 $1,506.00 ATKINS RICHARD JAMES

R. & R. Malhlebe 43 pl32, 33 040 00217500 0.04 $1 , t66.10 $0.00 $0.00 $1 ,188.10 $289.29 269.29 $770.00 ROBINSON GAVIN WILLIAM

P. & M Greco 43 pt 38 040 00217600 0.04 $2.301 .91 $0.00 $0.00 $2,301 .91 $531.58 531.58 $1,520.00 GRECO PETER PHILLIP

R. Bond & M. Rey 43 pt 38 040 00217601 0.04 $1 ,150.96 $0.00 $0.00 $1 ,150.96 $2115.79 265.79 $760.00 BOND ROBERTA

D. & J. Kemedy 43 34 040 00217700 0.04 $1 ,166.10 $0.00 $0.00 $1 ,188.10 $2119.29 269.29 $770.00 LAGRAVE CHARLENE

M. Rey Estate 43 35 040 00217800 0.04 $1 ,166.10 $0.00 $0.00 $1 ,166.10 $2119.29 269.29 $770.00 MARSHALL REY

C Coml, R Clark 43 36, 37 040 00217900 0.08 $1 ,196.39 $0.00 $0.00 $1 ,196.39 $276.28 276.28 $790.00 COMICLARA E

Sandmere Association 43 39 -41 040 00218000 028 $2,485.15 $0.00 $100.00 $2,385.15 $550.80 550.80 $1 ,641.00 SANDMERE ASSOCIATION

J. & L. Taylor 43 42 040 00218100 0.11 $2,354.91 $0.00 $!i0.00 $2,304.91 $532.27 532.27 $1 ,555.00 TAYLOR JAMES DOUGLAS

0 . & M. NOYlk 43 43, Pl44 040 00218200 0.15 $2,385.20 $0.00 S!i0.00 $2,338.20 $539.27 839.27 $1 ,575.00 NOVAK DEAN CHRISTOPHER

T. HLJfman 43 pl44, 45 040 00218300 0.13 $2,370.06 S0.00 $!i0.00 $2,320.06 $535.77 535.n $1 ,565.00 HUFFMAN THOMAS GERALD

M Kenn 43 46 040 00218302 0.08 $2,332.20 $000 S!iO OO $2,282.20 $527.03 827.03 $1 ,540.00 KEIRAN MARGARET M

P & K Borowiak 43 47 040 00216400 0.07 $2,324.63 SO.OD S!iOOO $2,274.63 $525.28 525.28 $1 ,535.00 HOUSLER ROBERT SEAN

W. Leonerd 43 48 040 00218800 0.07 $2,324.63 $0.00 S!iO OO $2,274.83 $525.28 525.28 $1 ,535.00 DAVIDSON DARLENE MAY

J. & H. Alevras 43 49, ptSO 040 00218700 0.11 $2,354.91 $0.00 $100.00 $2,254.91 $520.72 520. 72 $1 ,555.00 O'BRIEN DENNIS

F. Ryan 43 150,51 ,5 040 00218800 0.15 $2,385.20 $0.00 $100.00 $2,285.20 $527.72 827.72 $1 ,575.00 BALPATAKY KATHERINE

P & M. Kelly 43 53 - 58 040 00218900 0.82 $2,583.59 $0.00 $200.00 $2,383.59 $550.44 850.44 $1 ,706.00 DELEEUW GEORGE PETER MARK

B. Doroblala, C. Schoukens 43 59 040 00219000 0.46 $2,491 .21 $0.00 $0.00 $2,491.21 $575.29 875.29 $1 ,645.00 DOROBIALA BARBARA

OBMC Inc. 43 60 040 00219200 0.04 $2,301 .91 $0.00 $0.00 $2,301 .91 $531 .58 531.58 $1 ,520.00 DBMC INC

J. onman 43 61 - 64 040 00219201 0.30 $2,500.30 $0.00 $0.00 $2,!i00.30 $877.39 577.39 $1 ,651.00 ORTMAN JEFFREY T

J. Carlson & B. Radigan 43 65 040 00219300 0.05 $2,309.48 $0.00 $0.00 $2,:m.48 $533.33 533.33 $1 ,525.00 CARLSON JOHN HILMER

S. & F. Bassal 43 66 040 00219400 0.03 $2,294.34 $0.00 $0.00 $2,294.34 $529.83 !529.83 $1 ,515.00 BASSEL STEPHEN WALTER

s. & F. Bassal 43 67 040 00219500 0.01 $2,277.68 $0.00 S0.00 $2,277.68 $1525.98 !5215.98 $1 ,504.00 BASSEL STEPHEN WALTER

M Russ Estate 43 i:c 68 040 00219600 0.10 $2,347.34 $0.00 $0.00 $2,347.34 $542.07 542.07 $1 ,550.00 REYNOLODS M ICHAEL

CLPA Inc. 43 i:c66 040 00219700 0.02 $2.286.77 $0.00 $0 00 $2,288.77 $528.08 528.0ll $1 ,510.00 CLPAINC

K. Kanaley, G. & D. Higgins 39 1 040 00219800 023 $1 ,311.48 SO.OD so.oo $1 ,311.48 $302.86 302.86 $866.00 KANALEY KATHLEEN MARY

M. & D. Boryckl 39 2 040 00219900 0.04 $1 ,166.10 $0.00 sooo $1 ,188.10 $2119.29 289.29 $770.00 BORYCKI MARK

N. Cosgrove. M. Shea 39 3, 4 040 00220000 0.09 $1,203.96 $0.00 $0.00 $1.203.96 $278.03 278.03 $795.00 COSGROVE NELSON

M. Haeley 39 5, 6 040 00220100 0.19 $1281 .19 $0.00 $0.00 $1,281.19 $295.86 295.86 $846.00 HEALEY MICHAEL FRANCIS

B. Marks 39 7 040 00220200 0.04 $1 .150.96 $0.00 $0.00 $1 ,150.96 $2115.79 265.79 $760.00 MARKS BRUCE R

M. & C. MachadO 39 10 040 00220400 0.04 $1 ,150.96 $0.00 $0.00 $1 ,150.96 $285,79 265.79 $760.00 MACHADO MANUELA

P. & D. Lindblad 39 11 040 00220500 0.04 $598.19 $0.00 $0.00 $598.19 $138.14 138.14 $395.00 LINDBLAD PETER

P. & D. Lindblad 39 12 040 00220600 0.04 $583.05 $0.00 so.oo $583.05 $134.64 134.64 $385.00 LINDBLAD PETER

M. Fowler 39 13 040 00220700 0.04 $1 ,166.10 $0.00 $0.00 $1 ,166.10 $2119.29 269.29 $770.00 FOWLER MIKE

A Olson 39 14 040 00220600 0.04 $1,166.10 $0.00 $0.00 $1 ,166.10 $2119.29 269.29 $770.00 OLSON ANNA THERESA

R Gum & B. Bergan 39 15 040 00220900 0.04 $1.347.83 $0.00 so.oo $1,347.83 $311.25 31 1.25 $890.00 GUNN RICHARD B

L & P Bickford 39 8,9,16 040 00221000 0.10 $1,393.26 $0.00 $0.00 $1,393.26 $321.74 321.74 $920.00 BICKFORD PATRICIA Ar.ti

H. & M. Er111' 39 17 040 00221100 0.04 $1.347.83 $0.00 S0.00 $1 ,347.83 $311.25 311.25 $890.00 CARR ROBERT JOHN

B Marks 39 18 040 00221200 0.04 $1 ,347.83 $0.00 $0.00 $1 ,347.83 $311.25 311.25 $890.00 MARKS BRIJCE R

R , R , R. , C .. & A. DLrdan 39 19 040 00221300 0.08 $499.76 $0.00 $50.00 $449.76 $103.86 103.86 $330.00 DURDAN RACHEL WINONA

R & R. Durdan 39 20 040 00221301 0.07 $492.18 $0.00 S!i0.00 $442.18 $102.11 102.11 $325.00 DURDAN ROSS EDWARD

G. &G. Gau 39 21, 22 040 00221400 0.13 $1 ,415.98 $0.00 $100 00 $1,315.98 $303.90 303.90 $935.00 GAU GLEN

1174661 Ontll'lo Limited 39 23 040 00221600 0.05 $1,173.67 $0.00 $0.00 $1,173.67 $271 .03 271.03 $775,00 MARSH RAEGAN JANELLE

L Nowak 39 24 040 00221700 0.07 $1,188.82 $0.00 $100.00 $1,088.82 $251 .44 251.44 $785.00 NOWAK LES LAW

R. & R. Durdan 57 25 040 00221800 0.12 $484 .61 $0.00 $00.00 $434.61 $100.36 100.36 $320.00 DURDAN ROSS EDWARD

C. Roesch 57 26 040 00221900 0.15 $1 ,375.09 $0.00 $50.00 $1,32e.D9 $306.00 306.00 $90800 ROESCH CARL JOSEPH

A. & F Zaldal 57 27 040 00222000 0.07 $1,344.80 $0.00 $0.00 $1 ,344.80 $310.55 310.M $88800 ZAIDEL ARTHUR

J Seemuellar & M. Kaplan !57 28 040 00222100 0.08 $719.35 S0.00 so.oo $719.35 $166.12 166.12 $475.00 KAPLAN MARY ELLEN

J Soemuellar & M. Kaplan 57 29 040 00222200 0.08 $719.35 $0.00 sooo $719.35 $166.12 166.12 $475.00 KAPLAN MARY ELLEN

T. & R Hileler 57 30 040 00222300 0.07 $1,188.82 $0.00 so oo $1 ,188.82 $274.53 274.53 $785.00 HISELER TRACEY

E & D. Bar1ok 1 pt 11 040 00222301 0.42 $1.296.34 $0.00 S0.00 $1,296.34 $299.36 299.36 $856.00 BARTOK ERNEST LOUIS

L Home & M. Wahl 57 31 040 00222400 0.07 $620.91 S0.00 $0.00 Sll20.91 $143.39 143.39 $410.00 HORNE LLOYD WALTER

L Horne & M. Wahl 57 32 040 00222500 0.07 $620.91 SO.DO S0.00 Sll20.91 $143.39 143.39 $<110.00 HORNE LLOYD WALTER

D. Benak 1 pt 11 040 00222800 7.35 $3,831 .47 $0 .00 $200.00 $3,1131.47 $838.81 838.61 $2,530.00 BARTOK DONNA FAYE

J.& L Bar1ok 1 Pl 11 040 00222601 0.62 $1 ,608.31 $0.00 $0.00 $1,608.31 $371 .41 371.41 $1 ,062.00 BARTOKJOHN RAYMOND

E. BMok 1 Pl 11 040 00222620 3.40 $1,294.82 $0.00 $0.00 $1,294.82 $299.01 299.01 $855.00 BARTOK ERNEST LOUIS

E. V~ tornl 1 Pl 11 040 00222700 0.32 $1 ,379.63 $0.00 $0.00 $1 ,379.63 $318.60 31860 $911.00 VITTORINI EDNA ROSE

20F 3

46


D Banol< 1 Pt 11 040 00222800 4.03 $1 ,150.96 $0.00 $0.00 $1 ,150.96 $265.79 265.79 $760.00 BARTOK DONNA FAYE D. FB11ero 1 Pt 11 040 00222801 5.03 $958.62 $0.00 $0.00 $958.62 $221.37 221.37 $633.00 FAVERO DOMINIC CHARLES W. West 1 Pt 11 040 00222900 1.23 $467.95 $0.00 S0.00 $467.95 $108.ll6 108.06 $309.00 WEST WILLIAM JOHN HARRIS OR D. FB11ero 1 Pt 11 040 00223000 4.60 $876.85 $0.00 S0.00 $878.85 $202.4 9 202.49 $579.00 FAVERO DOMINIC CHARLES

FL F Ag J. & M Scl'lltt ... 1 Pt 11 040 00224900 10.87 $3.106.06 $1 ,035.35 S0.00 $2,070.71 $478.19 478.19 $2,051.00 DAVISON FARMS LIMITED FL F Ag J Sehl.Cler 1 Pt 12 040 00225600 6.26 $2,383.69 $794.56 S0.00 $1 ,589.13 $366.98 366.98 $1 ,574.00 SCHLITTER JAN

J. & T. Azzopard 1 Pt 12 040 00228100 3.02 $863.22 $0.00 S0.00 $863.22 $199.34 1119.34 $570.00 AZZOPARDI THERESA FRANCES M. Bryan 1 Pt 12 040 00226200 3.14 $896.53 $0.00 S0.00 $896.53 $207.03 207.03 $592.00 BRYAN MILDRED AGNES B. & C. Bulger 1 Pt 12 040 00226300 3.09 $882.90 $0.00 $0.00 $882.90 $203.89 203.89 $583.00 BULGER CAROL ANN

1 FL F Ag G. & M. Rizzi 1 Pt 12 040 00228301 9 .72 $3.702.74 $1,234.25 S0.00 $2,468.49 $570.05 570.0IS $2,4-45.00 RIZZI GIOVANNI J. Schill, L. Levielle 1 Pt 12 040 00226-400 8 .14 $3,101.52 $0.00 S0.00 $3,101.52 $716.23 718.23 $2,048.00 SCHUIT JOHN R. & M. Bosley 1 Pt 12 040 00226-417 3.27 $979.83 $0.00 S0.00 $979.83 $226.27 228.27 $647.00 BOSLEY ROBERT J R. & C. Bodn ... 1 Pt 12 040 00228600 0 .01 $7.57 $0.00 SO.DO $7.57 $5.00 BODNER RONALD WILLIAM E. & M. Kessler 1 Pt 12 040 00228700 0 .07 $53.00 $0.00 SO.DO $53.DO 12.24 $35.00 GRAHAM BARBARA G. & K. Lamar1Jna 1 Pt 12 040 00228800 0 .03 $22.72 $0.00 $0.00 $22.72 $15.00 PHILP LESLIE J . Kupers 1 Pt 12 040 00228900 0 .02 $15.14 $0.00 SO.DO $18.14 $10.00 NEWELL MICHAEL City or Pon Collorne 1 Pt11 ,12 FrlendahlpTrai 0 .08 11610.31 $0.00 $0.DO '810.31 $403.00 City or Pon Colborne Silverbay Road 1.30 $85,838.54 $0.00 SO.DO $85,838.64 $152.178.00 City of Port Co borne Locust St reet 0.28 $1 ,727.96 SO.DO SO.OD $1 ,727.96 $58,881 .00

$1 .141 .00 TOTAL NON·AGRICUL TURAL ASSESSMENT 57.432 $3()!,834.61 $3(11,734.61 $57.622.00

_!210.000.00 TOTAL AGRICULTURAL ASSESSMENT 26.850 $9,192.49 $3,064.16 $8,128.33

TOTAL ASSESSMENT 64.282 318<Il7.100 $312,8112.94 $51,869.07 $51 ,944.80 ---------- --OMAFRA GRAHT - $3,Dt4.11

ALLOWANCE CREDIT - - -· ------- -- $2,100.00 - - ----- ---- ---

LANDOWNERS PAYMENTS ---

$234.118.13

-----CITY OF PORT COl.BORNE ASSESSMENT - - - S•,111.11

TOTAL FUNDS -..----.------ -....-----..-------- - -----------.---- ~-~~-~ $311,027.10 -- - ---- --- - - - - --- -----

ORIGINAL OUTLET ASSESSMENTS FROM REPORT & BY·LAW: TOTAL NON-AGRICULTURAL LANDS $203,930.00

TOTAL AGRICULTURAL LANDS $6,070.00 TOT AL ASSESSMENT $210,000.00

This schedlle applies IUlly regardleu or where 1he repelr It done!

30F 3 47

SCHEDULE 'B' ASSEMENT SCHEDULE FOR THE BEARSS WEST BRANCH WEST MAINTENANCE

2010 • 201 2 MAINTENANCE TOTAL CURRENT COST - 4484.81

A BEARSS DRAIN COSTS FROM GL ACCOUNT No. 3-560-33209

G WEST BRANCH WEST BY-LAW No. 5037/92/07 C K:'ORAINAOE SUPERINTENDENTORAINSl&EARS$\WEST 511,,. a.,. R~ll--Al••-1-dl.le • W.I O"ltl · WI• Siwr S.,. Alj 2010JCUI 4484.81

0 UNIT RTC LAND OWNER AREA CON or LOT ROLL CURRENT OMAFRA NET

D CL USE No. PLAN No. NUMBER COST GRANT COST E No. TOTAL TOTAL TOTAL

R. & R. Reimer 1 Pt10 040 00205600 $0.43 $0.00 $0.43 J . & C. Cruz 1 Pt10 040 00205700 $8.22 $0.00 $8.22 J . & C. Cruz 1 Pt10 040 00205705 $8.22 $0.00 $8.22 R. & M. Tait 48 1 ' pt 2 040 00209000 $16.34 $0.00 $16.34 G. & P. Pupo 48 pt 2, 3 040 00209100 $16.34 $0.00 $16.34 R. & B. Lucchino 48 pt 3, 4 040 00209200 $16.45 $0.00 $16.45 J . & M. Delmonte 48 pt 4, 5 040 00209300 $16.45 $0.00 $16.45 R. Love 48 pt 5, 6 040 00209400 $16.66 $0.00 $16.66 J. & J. Gilson, S. Kates 48 pt 6, 7 040 00209500 $16.55 $0.00 $16.55 S. Hisrich 48 8, pt9 040 00209600 $16.34 $0.00 $16.34 A. & G. Biasatti, J . Osborne 48 pt 9, 10 040 00209700 $16.12 $0.00 $16.12 D. & D. Tiftickjian 48 11 040 00209800 $16.34 $0.00 $16.34

C. Felser 48 17 040 00210300 $16.12 $0.00 $16.12

B. Graham 48 18 040 00210400 $16.34 $0.00 $16.34

C. Watson 48 19 040 00210500 $16.34 $0.00 $16.34

R. Casey 48 20 040 00210600 $16.34 $0.00 $16.34

W. & C. Filipiak 48 21 040 00210700 $16.34 $0.00 $16.34

D. & C. Palczynski 48 22 040 00210800 $16.34 $0.00 $16.34

J. Wade 48 23 040 00210900 $16.24 $0.00 $16.24

E. & A. Muratori , R. Child , F. Novak 48 24 040 00211000 $16.24 $0.00 $16.24

J. McNamara, S. Fry, P. Menza 48 25 040 00211100 $16.45 $0.00 $16.45

D. & M. Tait 48 26 040 00211200 $16.98 $0.00 $16.98

R. & H. Caughell 1 Pt 11 040 00213000 $16.31 $0.00 $16.31

P. & E. Pokorski 1 Pt 11 040 00213100 $16.31 $0.00 $16.31

S. Delong 1 Pt 11 040 00213200 $16.36 $0.00 $16.36

L. Lopoyda, M. Collings 1 Pt11 040 00213300 $16.39 $0.00 $16.39

H. Munford 1 Pt 11 040 00213400 $16.45 $0.00 $16.45

1OF5

48


S. Fry, J . McNamara , P. Menza 1 Pt 11 040 00213500 $16.76 $0.00 $16 .76 Firelane 10-Silver Bay Properties Inc. 43 1, pt 2 040 00213600 $32.03 $0.00 $32.03 CLPA Inc. 43 pt 2, 3 040 00213700 $32.03 $0.00 $32.03

DMSF IV Inc. 43 pt 3, 4 040 00213800 $32.03 $0.00 $32.03

F. & P. Leonard 43 5 040 00213900 $32.03 $0.00 $32.03 J. & E. Seemueller 43 6 040 00214000 $32.03 $0.00 $32.03

R. Sireci 43 7 040 00214100 $32.03 $0.00 $32.03 E. Roberts 43 8 040 00214200 $32.17 $0.00 $32.17 1211955 Ontario Ltd. 43 9 040 00214300 $32.21 $0.00 $32 .21 E. Smythe 43 pt 10 040 00214400 $32.14 $0 .00 $32.14

C. Dobucki 43 pt 10 040 00214500 $32.25 $0.00 $32 .25 V. Ortman 43 11 , 12 040 00214600 $33.17 $0.00 $33.17 B.,R.,G .,D.Metzger, M. Quinlivan 43 13 040 00214700 $32.74 $0.00 $32.74

DBMC Inc. 43 14 040 00214800 $32.74 $0.00 $32.74 M & L. Bryant 43 15 040 00214900 $32.74 $0.00 $32.74

P. Larkin 43 pt 16 040 00215000 $32.46 $0.00 $32.46

D. Borowiak 43 pt 16 040 00215100 $32.33 $0.00 $32.33

J. Novak, P. Da Rosa 43 pt 17 040 00215200 $32.21 $0.00 $32.21

F. & P. Leonard 43 pt 17 040 00215300 $32.33 $0.00 $32.33

J. & F. Dorfman 43 18 040 00215400 $32.84 $0.00 $32.84

P. & A. Reibel 43 19 040 00215500 $32.46 $0.00 $32.46

D. & A . Nuwer 43 20, 21 040 00215600 $32.89 $0.00 $32 .89

M. Strauss, C. Witting, K. Bolton 43 22 040 00215700 $32.54 $0.00 $32.54

A. & R. Ferrara 43 23 040 00215800 $32.54 $0.00 $32 .54

K. Bellonte 43 24 040 00215801 $32.74 $0.00 $32.74

F. & M. Eberl 43 25, 26 040 00215900 $33.48 $0.00 $33.48

S. Mater 56 1, 6 040 00216000 $32.03 $0.00 $32.03

F. Farrow, I. Skoog 56 2 040 00216100 $32.03 $0.00 $32.03

J . & H. McKinney 56 3 040 00216200 $32.03 $0.00 $32.03

783265 Ontario Ltd . Trustees 56 4 040 00216300 $32.03 $0.00 $32.03

E. Watson Estate 56 5 040 00216400 $32.03 $0.00 $32.03

J., S., & J . Lambrecht 56 7 040 00216500 $32.03 $0.00 $32.03

B. White 56 8 040 00216600 $32 .03 $0.00 $32.03

R. Wall 56 9 040 00216700 $32 .03 $0.00 $32 .03

2 OF 5

49


M. Cade R. & L. Pokelwaldt R. & A Pokelwaldt C. Del Grosso C. & T. Masotti P. & M. Greco J. & V. Kish R. & R. Mathiebe P. & M. Greco R. Bond & M. Rey D. & J. Kennedy M. Rey Estate C. Comi , R. Clark Sandmere Association J. & L. Taylor D. & M. Novak T. Huffman M. Keiran P. & K. Borowiak W. Leonard J. & H. Alevras F. Ryan P. & M. Kelly B. Dorobiala , C. Schoukens DBMC Inc. J. Ortman J. Carlson & B. Radigan S. & F. Bassel S. & F. Bassel M. Russ Estate CLPA Inc. K. Kanaley, G. & D. Higgins M. & D. Borycki N. Cosgrove, M. Shea

56 10 040 00216800 56 11 040 00216900 56 12 040 00217000 56 13 040 00217100 56 14 040 00217200 56 15, 16 040 00217300 56 17 040 00217 400 43 pt32 , 33 040 00217500 43 pt 38 040 00217600 43 pt 38 040 00217601 43 34 040 00217700 43 35 040 00217800 43 36, 37 040 00217900 43 39 - 41 040 00218000 43 42 040 00218100 43 43, pt44 040 00218200 43 pt44 , 45 040 00218300 43 46 040 00218302 43 47 040 00218400 43 48 040 00218600 43 49, pt50 040 00218700 43 t50,51,5 040 00218800 43 53 - 58 040 00218900 43 59 040 00219000 43 60 040 00219200 43 61 - 64 040 00219201 43 65 040 00219300 43 66 040 00219400 43 67 040 00219500 43 pt 68 040 00219600 43 pt68 040 00219700 39 1 040 00219800 39 2 040 00219900 39 3, 4 040 00220000

$32.03 $32.27 $32.61 $32 .57 $32.46 $32.89 $32.17 $16.45 $32.46 $16.24 $16.45 $16.45 $16.87 $35.05 $33.21 $33.64 $33.42 $32.89 $32 .79 $32.79 $33.21 $33.64 $36.43 $35.13 $32.46 $35.26 $32.57 $32.36 $32.12 $33.10 $32.25 $18.50 $16.45 $16.98

$0.00 $0.00 $0 .00 $0.00 $0.00 $0 .00 $0.00 $0 .00 $0.00 $0 .00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 .00 $0.00 $0 .00 $0 .00 $0 .00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 .00 $0.00 $0.00

$32.03 $32.27 $32.61 $32.57 $32.46 $32 .89 $32.17 $16.45 $32.46 $16 .24 $16.45 $16.45 $16 .87 $35 .05 $33.21 $33 .64 $33.42 $32 .89 $32.79 $32 .79 $33 .21 $33 .64 $36.43 $35.13 $32.46 $35.26 $32.57 $32.36 $32.12 $33.10 $32.25 $18.50 $16.45 $16.98

3 OF 5

50


M. Healey 39 5, 6 040 00220100 $18.07 $0.00 $18.07 B. Marks 39 7 040 00220200 $16.24 $0.00 $16.24 M. & C. Machado 39 10 040 00220400 $16.24 $0.00 $16.24 P. & D. Lindblad 39 11 040 00220500 $8.44 $0.00 $8.44 P. & D. Lindblad 39 12 040 00220600 $8.22 $0.00 $8.22 M. Fowler 39 13 040 00220700 $16.45 $0.00 $16.45 A. Olson 39 14 040 00220800 $16.45 $0.00 $16.45 R. Gunn & B. Bengart 39 15 040 00220900 $19.00 $0.00 $19.00 L. & P. Bickford 39 8,9,16 040 00221000 $19.65 $0.00 $19.65 H. & M. Erler 39 17 040 00221100 $19.00 $0.00 $19.00 B. Marks 39 18 040 00221200 $19.00 $0.00 $19.00 R. , R., R., C., & A. Durdan 39 19 040 00221300 $7 .05 $0.00 $7.05 R. & R. Durdan 39 20 040 00221301 $6.94 $0.00 $6.94 G. & G. Gau 39 21 , 22 040 00221400 $19.97 $0.00 $19.97 117 4661 Ontario Limited 39 23 040 00221600 $16.55 $0.00 $16.55 L. Nowak 39 24 040 00221700 $16.76 $0.00 $16.76

R. & R. Durdan 57 25 040 00221800 $6.84 $0.00 $6.84

C. Roesch 57 26 040 00221900 $19.39 $0.00 $19.39

A. & F. Zaidel 57 27 040 00222000 $18.96 $0.00 $18.96

J. Seemueller & M. Kaplan 57 28 040 00222100 $10.15 $0.00 $10.15

J. Seemueller & M. Kaplan 57 29 040 00222200 $10.15 $0.00 $10.15

T. & R. Hiseler 57 30 040 00222300 $16.76 $0.00 $16.76

E. & D. Bartok 1 Pt 11 040 00222301 $18.28 $0.00 $18.28

L. Horne & M. Wahl 57 31 040 00222400 $8.76 $0.00 $8.76

L. Horne & M. Wahl 57 32 040 00222500 $8.76 $0.00 $8.76

D. Bartok 1 Pt 11 040 00222600 $54.04 $0.00 $54.04

J.& L. Bartok 1 Pt 11 040 00222601 $22.68 $0.00 $22.68

E. Bartok 1 Pt 11 040 00222620 $18.26 $0.00 $18.26

E. Vittorini 1 Pt 11 040 00222700 $19.45 $0.00 $19.45

D. Bartok 1 Pt 11 040 00222800 $16.24 $0.00 $16.24

D. Favero 1 Pt 11 040 00222801 $13.53 $0.00 $1 3.53

W. West 1 Pt 11 040 00222900 $6.60 $0.00 $6.60

0 . Favero 1 Pt 11 040 00223000 $12.37 $0.00 $12.37

1 FL F Ag J. & M. Schutter 1 Pt 11 040 00224900 $43.81 $13.86 $29.95

40F 5

51


1 FL

FL

F Ag J. Schutter J. & T. Azzopardi M. Bryan B. & C. Bulger

F Ag G. & M. Rizzi J. Schuit, L. Levielle R. & M. Bosley R. & C. Bodner E. & M. Kessler G. & K. Lamartina J. Kuipers City of Port Colborne City of Port Colborne City of Port Colborne

TOTAL NON-AGRICULTURAL ASSESSMENT

TOTAL AGRICULTURAL ASSESSMENT

TOTAL ASSESSMENT

OMAFRA GRANT

LANDOWNERS PAYMENTS

CITY OF PORT COLBORNE ASSESSMENT

This schedule applies fully regardless of where the repair is done!

1 Pt12 040 00225600 $33.61 $10.64 $22.97 1 Pt 12 040 00226100 $12.18 $0.00 $12.18 1 Pt 12 040 00226200 $12.64 $0.00 $12.64 1 Pt 12 040 00226300 $12.45 $0.00 $12.45 1 Pt 12 040 00226301 $52.22 $16.52 $35.70 1 Pt 12 040 00226400 $43.73 $0.00 $43.73 1 Pt 12 040 00226417 $13.81 $0.00 $13.81 1 Pt 12 040 00228600 $0.11 $0.00 $0.11 1 Pt 12 040 00228700 $0.74 $0.00 $0.74 1 Pt 12 040 00228800 $0.33 $0.00 $0.33 1 Pt 12 040 00228900 $0.21 $0.00 $0.21 1 Pt11 ,12 Friendship Trail $8.61 $0.00 $8.61

Silverbay Road $1,210.49 $0.00 $1 ,210.49 Locust Street $24.28 $0.00 $22.09

$4,484.81 $41 .02 $4,441 .60 $4,482.62

$4,355.17 $4,352.98

$129.64 $41 .02 $88.62

4484.810 $4,441 .60

$4,482.62

5 OF 5

52

THE CORPORATION OF THE CITY OF PORT COLBORNE BY -

LAW NO_,__.----------

BEING A BY-LAW TO AMEND THE ASSESSMENT SCHEDULE TO LEVY THE ACTUAL COSTS INCURRED, IN CONSTRUCT! NG A DRAINAGE WORKS KNOWN AS THE

BEARSS 2007 WEST BRANCH WEST MUNICIPAL DRAIN

WHEREAS Section 62 Chapter D.17 of the Drainage Act R.S .O. 1990 authorizes a municipality, upon the completion of the drainage works, to levy the final cost thereof to the lands and roads liable, as stated in the engineer's report;

AND WHEREAS By-law 5037/92/07 , Being a By-law to Provide for Drainage Works in the City of Port Colborne in the Regional Municipality of Niagara, cited as the Bearss West Branch West Municipal Drain, was enacted the 11th day 'of May, 2007 , and provided for the construction of the Bearss 2007 West Branch West Municipal Drain based on the estimates contained in the drainage report dated June 25 , 2007 , as submitted by John Kuntze P. Eng , from the firm of K. Smart Associates Ltd.;

AND WHEREAS the Engineer's report dated June 25, 2007 was amended by the Court of Revision pronouncement dated September 12, 2007, the Order of the Agriculture, Food and Rural Affairs Tribunal dated January 8, 2008 and the Order of the Drainage Referee (Court File No. 11278-09) to reflect the Settlement Agreement between Patricia Lark in and the Corporation of the City of Port Colborne dated December 10, 2008.

AND WHEREAS the Drainage Works was completed as per the Engineer's report, as amended , and the total actual costs incurred were $326, 753.49 compared to an original estimated cost of $210,000.00Actual costs for constructing the drain were 55.5% over the Engineer's estimate.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PORT COLBORNE ENACTS AS FOLLOWS:

1. That the cost of the Bearss 2007 West Branch West Municipal Drain as provided for in By-law 5037/92/07 , be levied against the lands and roads as set out in the assessment schedule in the Engineer's report dated June 25, 2007, as amended and as listed in the actual assessment column, more particularly shown on Schedule "A" attached hereto.

2. That the last date for making a commuted payment in cash shall be the 1 ST of December 201 4.

3. That owners of a property whose net cost is greater than $50.00 have the option of submitting full payment of the net cost by December 1, 2014 or make yearly payments over a period of 5 years at 5% interest per annum. The payments shall be added to the final tax bill beginning in the year 2015 and ending in the year 2019.

4. That where a payment is to be made to an owner, such amount will not be paid until the final cost is levied .

5. This by-law shall come into force and take effect on the day of its final passing.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THIS 14TH DAY OF OCTOBER, 2014.

Vance M. Badawey MAYOR

Ashley Grigg CITY CLERK

53

54

POR. T COLBOR.NE


ENGINEERING AND OPERATIONS DEPARTMENT ENGINEERING DIVISION


SUBJECT: PROPOSED SEWER RODDING POLICY

1) PURPOSE:

This report is prepared by Ron Hanson, Director of Engineering and Operations. The report and proposed policy is an attempt to formalize current practice and procedures when Operations Staff are required to carry out sewer rodding activities for the public. The report seeks Council's endorsement and approval of the proposed policy.


Operations Staff currently provide sewer rodding services to property owners at rates established and approved by Council each year. There are two rates reflecting the costs for manpower and equipment during regular working hours and after hours and weekends. The costs are assessed for those blockages that occur on a Building Sewer located between the house and the cleanout at the property line. All blockages that occur between the sewer main and the cleanout are the responsibility of the City to maintain.

Attached is a proposed Sewer Rodding Policy that is being recommended to address an issue that arose late last year. In that case, a property owner had called in a plumber to determine the cause of a sewage backup at their home. The plumber determined that the blockage was located on the Municipal Sewer Lateral and not the private Building Sewer, after which, the property owner called the City for a sewer rodding. The City removed the blockage but a second blockage occurred days later. The City crew determined that the check valve at the house had been dislodged during the plumber's initial investigation resulting a second backup. The City crew corrected the valve that was dislodged by the plumber. The property owner has now submitted an invoice from the plumber to the City for reimbursement. The current policy does not cover reimbursement for such an incident so, while denying the claim, a new policy has been written to address the circumstances that could result in a reimbursement to a property owner.


The proposed Policy implements current practice and procedures by Operations Staff in providing sewer rodding services to property owners. In addition, clauses have been added under costs and reimbursements to provide a means to obtain possible reimbursement of plumbing costs that were not attributable to the property owner's actions or conditions during the blockage.

Staff recommends that the proposed policy changes be approved by Council and that they be implemented to address any future cases that require an arbitration on costs.

55


a) Do nothing.

Council could decide to continue with the current methods and procedures for sewer rodding and therefore not provide for potential reimbursement of property owners, as described in this report.

b) Other Options

Council may adopt the proposed Sewer Rodding Policy, as presented. The financial impacts should be minimal, as it is not anticipated that a large number of claims would be submitted during the process. Any reimbursement costs would be generated from the sewer and water rates assessed across the Municipality.


Not applicable.

6) ATTACHMENTS

• Proposed Sewer Rodding Policy (Sewer Use Bylaw is an appendix to the Policy and is not included in this report)

7) RECOMMENDATION

That City Council approve, by bylaw, the Sewer Rodding Policy as presented

8) SIGNATURES

' \;£e~r 30, 2014 b:

Ron Hanson, C.E.T. Director, Engineering & Operations

-R~aJ;2: Submitted: -


Reviewed by:

.-') ~ .. ,./·~- .

~- ~'-;...


Report No.:2014-34 Proposed Sewer Rodding Policy Page 2 of 2

56

CORPORATE POLICY AND PROCEDlJRE

I

. -II-PORT COL.BORNE

Effective Date

By-law No. 2014-xx-xx

DEPARTMENT:

SECTION:

Engineering/Operations

Operations Division

SUBJECT: Sanitary Sewer Rodding Policy

POLICY STATEMENT

PURPOSE

SCOPE

The City of Port Colborne Operations Division will provide sanitary sewer rodding services to any properties located in the Urban Area that are connected to the Municipal Sanitary Sewer Collection System.

The purpose of the Sanitary Sewer Rodding Policy is to regulate and administer the fees and costs associated with property owners requests for the provision of the service provided by City Forces, to minimize costs and disruption to the properties impacted by a sewage backup on their property, and to mitigate any future claims and disputes arising from the provision of the service.

The City of Port Colborne has the responsibility for the orderly control and maintenance of the City's sanitary sewer collection system. This includes regular maintenance of the Sewage Works including the collection pipes and appurtenances by accepted Engineering Practice which will ensure that the sewage is transmitted in an effective manner to the Regional Wastewater Treatment Plant.

This responsibility does not include the Building Sewer which, by definition, is the Sewage drainage system outside a Building that commences at a point one (1.0) metre from the outer face of the wall of the Building and which connects the Building Sewage drainage system to a Municipal Sewer Lateral or to an approved place of Sewage discharge and disposal. The operation and maintenance of the Building Sewer is the sole responsibility of the property owner on which it is located.

1

57

CORPORATE POLICY AND PROCEDURE

RESPONSIBILITY

.. PORT COL.BORNE By-lawNo. 2014-xx-xx

Effective Date

The City Operations Division will be responsible for receiving calls from property owners at the 24 hour dispatch telephone number and will dispatch sufficient manpower and equipment to provide sanitary sewer rodding service.

Sanitary Sewer Rodding Procedures

Upon the request and notification from property owners that a sewage backup has occurred at a property, the Operations Division will dispatch manpower and equipment to the site.

1.0 The property owner will sign the Standard Request for Service Form prior to the commencement of work by Operations Staff.

2.0 Operations staff will determine the location and cause of the sewage backup.

3.0 If it determined that the blockage is located in the Municipal Sewer Lateral, Operations Staff will remove the blockage by whatever means is determined to best suit the conditions.

4.0 If it is determined that the blockage is located in the Building Sewer, the property owner will be advised of the findings and will have the option of requesting the Operations Staff to remove the blockage at the rates set out in the current Rates and Fees Bylaw for Engineering and Operations Services. The fee schedule provides rates to reflect the cost of the service during regular working hours and after hours.

5.0 The City will take all reasonable precautions not to damage any property during the maintenance operations. The City will not assume any responsibility or liability for any damages.

Property Owners Rights and Exceptions

1.0 Upon discovering that a blockage has occurred, the property owner has the right to call a private licensed plumber or plumbing contractor to determine the cause and location of the blockage.

2.0 Should the licensed plumber or plumbing contractor determine that the blockage is located in the Municipal Sewer Lateral and not the Building

2

58

CORPORATE POLICY AND PROCEDURE

POI<-T COLl30f\NE. By-law No. 2014-xx-xx

Effective Date

Sewer; the Operations Staff will be called to remove the blockage from the Municipal Sewer Lateral at no cost to the property owner.

Costs and Reimbursements

1.0

2.0

The costs for the removal of blockages on the Building Sewage system by Operations Staff will be at the rates as set out in the current Rates and Fees Bylaw for sewer rodding during either regular hours or after hours. Should it be determined that the blockage has occurred in the Municipal Sewer lateral and the property owner has Incurred costs related to the services of a private licensed plumber or plumbing contractor in determining the location of the blockage, the property owner may submit the invoice of the private licensed plumber or plumbing contractor for reimbursement to the City. The City, upon investigation of the claim for reimbursement, will determine the validity of the claim and will be the sole arbiter in determining reimbursement, taking into account all factors related to the claim. Claims for reimbursement for those conditions not directly related to a blockage in the Municipal Sewer Lateral, such as system surcharging, major storms, power outages or any other system malfunctions will not be considered for reimbursement.

Reference Contact

Appendix

For more information, contact the Operations Division

Tel. 905-835-5079

Bylaw # 5 228/134/ 08

BEING A BY-LAW TO REGULATE THE MANAGEMENT OF A SYSTEM OF SEWER WORKS AND DRAINAGE WORKS IN THE CITY OF PORT COLBORNE

3

59

60

PORT COLBORNE


Department: Chief Administrative Officer Division: Health Services Division


SUBJECT: UPDATE ON HEALTH SERVICES

1) PURPOSE:

This report is prepared to update Council on Health Services, with an overview of current level of servicing as compared to 2008, when Port Colborne prepared to lose its full service Emergency Department and inpatient beds. This report is intended to illustrate the full scope of changes in Primary Care delivery, and more importantly, to ensure Council is aware of the relationship to health services and the adopted Strategic Plan.


Council has historically been leading edge in supporting the growth of the health care sector in the community in areas important to the residents of Port Colborne as it relates to physician recruitment, economic development, and a sense of overall wellbeing. In fact, in the last adopted Strategic Plan, Health Services was identified as one of the most important areas requiring focused attention to ensure that our community is provided equitable level of health human resources as well as the potential for growth in the overall sector.


Recruitment. Retention, Health Services

Health Care has changed significantly in Port Colborne over the last 6 years. It is important to note, however, that for many years prior to 2008, CTAS (Canadian Triage and Acuity Scale) 1-2 who are initially triaged by EMS had not been coming to Port Colborne. The public was simply unaware of system-wide health care transformation to support best practice guidelines for staffing such centres. To this day, CTAS 1-2 who arrive at any Niagara Health System facility by other means will be appropriately triaged, managed and transported to another facility.

In the last six years, we have managed to circumvent delivery of emergency care to other full service Emergency Departments. We also now have a streamlined system in place that ensures that trauma patients will be transported to Buffalo if that is the closest facility to ensure expeditious care to meet best practice guidelines.

Acute and Emergency Care is not the only health care transformation that has undergone many changes. Primary Care Transformation has been rapidly changing over the past 5 years. Moving health care delivery out of the hospital and into the community has brought about many positive changes in the way health care is delivered

61

in small communities. Interdisciplinary team-based care means funding is available to have services and programs in our community to best treat many chronic diseases.

Through this transformation, we have been able to add many new services that were not available 5 years ago. These include:

• Community Health Centre practice, which provides intense interdisciplinary care to identified priority populations.

• Physician Assistants in the team which means more patients can be seen every day, and more citizens can be rostered to our physicians.

• Nurse Practitioners in the team and with solo practitioners are able to independently see patients and treat.

• Memory Clinic which expedites referral to geriatrician with all of the initial testing completed.

• Dermatologist present on-site in our team practice. • Chiropractor present on-site in our team practice to expedite triage to orthopedic

specialists. • Caring for My COPD; a 10 week pulmonary rehabilitation program delivered

locally so patients do not have to travel to St. Catharines. • Health Links; funding approved for the top 5% users of our health care system to

have solid case coordination and case management at the local level. • Emergency Medical Service - Community Response Unit (CRU) program

funding extended permanently to ensure Community Paramedicine is available to our rural citizens to ensure primary care access, wound care, rapid referral to Community Care Access Centre (CCAC), and rapid referral to specialist care or a tertiary or acute care setting.

• Cancer Care Ontario Mobile Cancer screening bus.

When beds were removed from our hospital, our physicians lost what they perceived to be tremendous autonomy and they felt isolated. Along with our Health Services Coordinator, the Medical Education, Recruitment and Health Services Committee, had to work very hard to ensure retention practices were in place. By encouraging faculty appointments, we have been able to place many medical learners and residents with our local physicians. Our local physicians love to teach and are the most sought after preceptors in the area. We nominate our physicians for many awards, in order to properly illustrate all that they do to overcome the challenges of Primary Care Transformation.

Lastly, but most importantly, we have successfully navigated hundreds of patients through the Health Care System and all of its changes in the past years. We have fielded hundreds and hundreds of calls and requests and have advocated and successfully partnered these health care needs with the appropriate provider and will continue to do so.

Chief Administrative Officer, Health Services Division, Report 2014-03 Page 2 of 4

62

Medical Education

The City of Port Colborne hosts a successful rural medicine week every year and is a highly sought after clinical placement. Port Colborne has had more than 100 medical learners placed into clinical settings in the past 5 years, including three 2 year Family Medicine Residents. This program offers the City a revenue stream from these learners and we try to only accept funded learners.

Advocating for Health Services

In 2009, the South Niagara Health Care Corporation was established in order to better align ourselves to advocate and respond to downgrades to our current hospital servicing, while still being in a position to upgrade our primary care service levels. The Corporation's goal was to carry the local health care needs directly to the province in the form of a plan for the delivery of health care in small and rural communities which was established involving extensive consultation with health care service providers and enablers.

To this end, we met multiple times with Honourable Minister of Health Deb Matthews, to ensure equitable and timely delivery of acute care services, meeting best practice guidelines for cardiac, and stroke times to treatment. We were a catalyst to ensure trauma cases are sent to Buffalo to avoid lost salvageable patient care to meet best practice standard guidelines. We hosted Buffalo physicians numerous times to ensure this agreement is held to high standards for our citizens.

We have been assured of staff presence at the steering committee level of the Niagara Health System Planning Process for Urgent Care siting and service level planning. Staff currently sits on the Niagara Health Trust, as well as the HNHB Steering Committee to ensure our health care needs are being met.

The SNHCC will continue to strategically design a clinical services plan that best meets the needs of the citizens of South Niagara.

Summary

This report illustrates the tremendous success achieved in addressing the changes to our health care system by delivering enhanced and additional health care services to our community that extend well beyond the walls of the hospital building.

Attached to this report is an overall summary of the enhanced and additional health care services since 2008. The summary also provides insight into next steps as we move towards further changes to the Port Colborne site of the Niagara Health System, and planning for acute and primary care transformation.


Not applicable, this report is for informational purposes only.


63


Health Care is a top priority within the corporate Strategic Plan.

6) ATTACHMENTS

Health Services Summary as prepared by staff.

7) RECOMMENDATIONS:

That Council receives report 2014-3, Health Services Summary, for information purposes.

8) SIGNATURES

Prepared on September 10, 2014

c)tl.AA..t ~J2,,ttl e. Joanne Ferraccioli Health Services Coordinator

Rev/Jted: :~:espectfully Submitted:

~_:µ ____ :::_:. Robert CJ. Heil Chief · dministrative Officer


64

Before 2008

Port Col borne /Wainfleet Physician

Recruitment, Retention and Medical Education

Committee

Recruitment and Retention

• Participated in Rural Medicine Week with

Fort Erie.

• Had a student /locum apartment.

• Made the decision to hire a part time

physician recruiter.

• Committee was not involved in advocacy

role with impending loss of ER.

• Physicians had very little leadership with

loss of inpatient beds at Port Colborne

Hospital.

• Apartment, students and locums were

administratively handled by Mayor's office,

committee chair, and physician on

committee.

2008-Present

Port Colborne Medical Education, Recruitment,

and Health Services

Committee

Recruitment and Retention

• 2008: part-time physician recruiter hired.

• 2009: Dr. Jason King recruited.

• 2010: Dr. Haibo Xu recruited.

• 2010: Other health care services added to

Family Health Organization at Mapleview to

include:

o Cardiac diagnostics echo

o Spirometry (pulmonary/lung function

testing)

o Dr. Mike Connolly, Dermatology

o Memory Clinic - expedites referral to

geriatrician with all of the initial testing

completed.

o Chiropractor, Dr. Vanessa Ashworth - to

expedite triage to orthopedic

specialists.

• Ministry funded programs added: HFO

Physician Assistants grants approved twice -

means more patients can be seen every

day, and more citizens can be rostered to

our physicians.

• Caring for My COPD program funding

approved and program initiated (patients

do not have to travel to St. Catharines.)

• Health links Collaboration with Welland,

Wainfleet and Pelham - to have solid case

coordination and case management at the

local level.

• Expanded practice of Dr. King to include

retiring Dr. Dewar's practice.

• Initial locum for Dr. Remington successful,

with successful recruitment of Dr. Alan

Daniel for Nov. '14

65

• Emergency Medical Service - Community

Response Unit (CRU) program funding

extended permanently to ensure

Community Paramedicine is available to our

rural citizens to ensure primary care access,

wound care, rapid referral to Community

Care Access Centre (CCAC), and rapid

referral to specialist care or a tertiary or

acute care setting.

• Successful launch of Screen for Life mobile

Cancer Screening Coach, Port Colborne,

2014.

• Port Col borne chosen as community for

Family Resident Day 2014 by the University

of Toronto. Hosted 40 Family Medicine

Residents for a Rural Health Day.

• Successful nomination of Dr. Jeff Remington

as Family Physician of the Year, 2013,

Ontario College of Family Physicians.

• Nomination into College of Physicians and

Surgeons Ontario for Council Award for

local physician at the Provincial level.

• Successful nomination of the Health

Services Coordinator for the Ontario

Medical Association, Community Service

Award.

Medical Education: We host a successful Rural

Medicine Week every year and Councillor Bea

Kenny won the Larkin Award for this highly

sought after clinical placement. We have had

66

more than 100 medical learners placed into

clinical settings in the past 5 years. This includes

3, 2 year Family Medicine Residents. We no

longer have the student apartment and instead

use local accommodation establishments who

give a very competitive rate to the learners. We

have a revenue stream from these learners,

trying to only accept funded learners.

Health Services: We initiated the South Niagara

Health Care Corporation, in order to better align

ourselves to advocate and respond to

downgrades to our current hospital servicing,

while still being in a position to upgrade our

primary care service levels. We met multiple

times with Honourable Minister of Health Deb

Matthews, to ensure equitable and timely

delivery of acute care services, meeting best

practice guidelines for cardiac, and stroke times

to treatment. We were a catalyst to ensure

trauma cases are sent to Buffalo to avoid lost

salvageable patient care to meet best practice

standard guidelines. We hosted Buffalo

physicians numerous times to ensure this

agreement is held to high standards for our

citizens.

We have been assured of staff presence at the

steering committee level of the Niagara Health

System Planning Process for Urgent Care siting

and service level planning. Staff currently sits on

the Niagara Health Trust, as well as the HNHB

Steering Committee to ensure our health care

needs are being met.

67

68

I

ENGINEERING & OPERATIONAL SERVICES

PORT COLBORNE

DATE:

TO:

FROM:

RE:

September 29, 2014

Ashley Grigg, City Clerk

MEMORANDUM

Janice Peyton, Executive Assistant, DEO

Environmental Advisory Committee Motion regarding Painting of Ships While in the Canal

EXT. 219

Please be advised that the Environmental Advisory Committee has been discussing and researching the painting of ships while in the canal and at the meeting of September 10, 2014 the following motion was approved:

Moved by Jack Hellinga Seconded by George McKibbon

Whereas the Environmental Advisory Committee has received concerns regarding ships that were painted in the Canal last winter,

That Council be asked to question the Saint Lawrence Seaway Authority (SLSA) as to what measures they have in place for painting of ships in the Canal, especially those measures that are related to our water intake. CARRIED.

The committee would like to be advised of the policy that the SLSA has in place for this matter, in order to respond to citizens' concerns.

Please place this motion on the next Council agenda for consideration.

Thank you.

Signed: iJanice Pe~ Executive Assistant, DEO Recording Secretary, Environmental Advisory Committee

69

70

J Royal Canadian Legion Branch 56 67 Clarence St Port Colborne, Ont.

~ P. 0. box 319 L3K5V7 905 834 9512 FAX 905 834 2206

LEST WE FORGET

September 26, 2014

November 11th, Remembrance Day is fast approaching. This is an oppoirtaunity for everyone to remember those who gave of themselves for our freedom.

At tlbi.is time we are requesting coll.lllillcil's approval to h.olld our annuall Poppy Campaign commellllciiig Friday October 31 through. to November 11 with Remembr~mce Day Services at H.H. KlllloU Park Cenotaph mu Tuesday November 11th at 10:45 a.m.

Any assistance, :finallllcial or otherwise would be greatlly appreciated.

Y rntnrs in Comr31desb.ip

-c:CG,(;ef ~ Caroll Madden Poppy Chairmmm R.C.L. Br~mch #56 Port Collborlllle

hh/uswn

City of Port Colborn RECi;IVED

$frl6~M

M;.;.H;.H·:;;> OFFICE. r:.J 6;C.: ~~!,ltrV~ii tr.JI i$;~:

:tiJ~~ !ltitm ii) ~~F~ 1IJ ~(i)\\(,i~~!\l~ 10] 1Filile 71

72

Niagara <

September 19, 2014

AREA MUNICIPAL/TIES

SENT ELECTRON/CALLY

~tgcfi1vt!o . . l I~ 20\4

Administration St~ . :A · Office of the Regional Clerk CORPORATE SERV~CES 220 I St. David's Road, PO Box I 042, Thoro@®~RH~Ffil Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca

CL 12-2014September11, 2014 CSC 12-2014 September 3, 2014

Report CSD 74-2014

Ontario Provincial Police (OPP) Cost Alternative Update CSD 74-2014

Regional Council at their meeting of Thursday, September 11, 2014 requested that Report CSD 74-2014 respecting the Ontario Provincial Police (OPP) Cost Alternative Update be

circulated to local area municipalities for information.

A copy of CSD 74-2014 is attached for your review.

Yours truly,

Ralph Walton Regional Clerk /pp

Attachment

Cc: Maurice Lewis, Commissioner of Corporate Services/Treasurer Glen Cowan, Associate Director - Finance Consulting and Special Projects Helen Chamberlain, Director Financial Management & Planning/Deputy Treasurer Crystal Mammoliti, Administrative Assistant to Commissioner of Corporate Services

73

NiagarallfT/I/ Region

REPORT TO: Corporate Services Committee

CSD 74-2014 September 3, 2014

SUBJECT: Ontario Provincial Police (OPP) Cost Alternative Update

RECOMMENDATION

That this report BE RECEIVED for information.

PURPOSE

To respond to the direction provided to staff at the April 2, 2014 and April 23, 2014 Corporate Services Committee meetings.

BUSINESS IMPLICATIONS

This report presents an update to the estimates from CSD 24-2006 related to the financial implications that may be Involved In a disbandment of the Niagara Regional Police Service In order to enter into an agreement for policing services with the Ontario Provincial Police (OPP). Similar to 2006, the estimates are preliminary and exclude additional costs that may be required for the OPP related to capital, facilities and equipment. It also excludes the costs related to a joint implementation team. The process to undertake a detailed cost assessment, including several important considerations previously noted by the OPP, is outlined in report CSD 167-2005.

REPORT

Under Section 5 of the Police Services Act (PSA), a municipality may utilize one of several options in order to provide policing services, including establishing a police force (either independently or jointly) or contracting services from the OPP. The OPP, which fall under the jurisdiction of the Ministry of Community Safety and Correctional Services, services such contracts through its Municipal Policing Bureau.

In 2006, report CSD 24-2006 was presented to Regional Council and included information related to the cost of policing services, as well as a preliminary estimate of the transition cost to move towards OPP-provided policing services. As requested by

1

74


Council in April of 2014, an update to those 2006 estimates has been undertaken and the additionally requested supplemental information has been compiled.

Current OPP-Serviced Municipalities

324 municipalities receive police services from the OPP's Municipal Policing Bureau. Information related to population and land area has been compiled based on the most recent census data (2011), and is summarized below and in Appendix 1, with the full list of Municipalities provided in Appendix 2.

Population 6,541 3,731 73,214 0 Land Area (km 2

) 386 299 3,083 2

These municipalities are serviced from a combination of OPP facilities including: • 77 host detachments • 89 satellite offices • 7 headquarters (5 regional, one divisional, and one general)

As such, there is an average of 1 detachment/satellite office for every 2 municipalities receiving the service.

Moratorium on OPP Municipal Policing Contracts

Since October of 2013, the Ministry of Community Safety and Corrective Services (MCSCS) and the OPP have suspended the negotiation of contracts for municipal policing services beyond the December 2014 timeframe pending the conclusion of the OPP billing model review (the Review). This Review is intended to address the expressed concerns of municipalities and recommendations made by the Auditor General in the 2012 Audit. The intent of any change is to work towards the recovery of municipal policing costs in a way that is clear, fair and consistent for all who use OPP services.

The Review has included municipal engagement sessions in 2013, as well as an OPP Working Group consisting of several Provincial ministries, the AMO, and the Associations of Police Services Boards. The AMO also convened a steering committee to provide input on the process, with a final report released from that Committee in April of 2014. Further detail on the process can be found on the OPP's website at: http://www.opp.ca/ecms/index.php?id=594

At the time of finalizing this report, the MCSCS announced the establishment of a new billing model which will be utilized beginning January 1, 2015. Given the timing of this

2

75


announcement, Regional staff will be preparing a memorandum to Corporate Service Committee to be circulated as part of the addendum for the September 3rd committee cycle with details of the new model.

Update to the Comparison of Policing Costs by Municipality

Included within CSD 24-2006 was an excerpt from the data compiled annually by BMA Management Consulting Inc. that compared the cost of policing by municipality. An updated comparison has been included as Appendix 3 to this report based on the 2013 annual municipal study prepared by BMA.

The 2013 BMA study segregates municipalities by population size, and can be summarized as follows:

T bl 2 A • P r c t • C "t ( 2013 BMA St d ) • Average Police Average Police Total

Population Operating Cost per Operating Cost Per Capita Capita*

<15,000 $209 $210 15,000- 29,999 $239 $243 30,000 - 99,999 $289 $296 >100,000 $307 $318 Region (Upper Tier) $229 $237 *Total operating cost includes amortization and financing costs.

The smaller sized municipalities (up to 29,999 residents) are predominantly serviced by the OPP, versus the communities larger than 30,000 residents which are mostly serviced by municipal forces. The comparable cost for the Niagara Region Police Service amounts to $299 per capita for operating cost, and $313 per capita for total cost1.

As noted in CSD 24-2006, as well as in the annual BMA Study, Police costs will vary significantly between municipalities based on a number of factors including, but not limited to:

• Geographic & demographic considerations (urban/rural, social, economic, etc.) • Service levels & specialized services • Daily inflow/outflow of commuters, tourists, etc. • Specialized facilities (casinos, border protection)

1 Based on the Region's Financial Information Return to the Ministry of Municipal Affairs & Housing.

3

76


It should also be noted that the cost for other municipalities included in the BMA comparison may change materially going forward once the aforementioned OPP billing model review process is finalized. Update to the OPP Cost Alternative Analysis (CSD 24-2006)

Report CSD 24-2006 presented a preliminary estimate of $28.7 million in disbandment/transition costs that could be involved in a conversion to OPP-provided policing services, based on input provided by the Police Services Board. In providing that figure, it was noted that additional costs for capital assets, facilities, and equipment may also be required at the request of the OPP.

Utilizing the same framework, the estimate from 2006 has been updated in consultation with NRPS staff as follows:

Severance/Loss of Status Payments to NRPS Members )> Senior Uniform members >-- Senior Civilian members )> Civilian members Subtotal

Banks (Approximate Cost of Paying Out Accumulated Time Banks) >-- Sick bank payout (net of reserve) ;> Annual leave payout ;> Other Time banks (e.g. Float, Special Leave)

Subtotal

Equipment, Training & Legal Expenses >-- Replace firearms >- OPP Training )::> OPP Uniforms

Subtotal

> Legal Costs (of negotiating severance packages and participating in OCCPS disbandment hearing)

Preliminary Total (excluding capital)

$3.0 million $3.0 million

$23.5 million $29 .6 million

$5.2 million $2.8 million $2.5 million

$ 10.5 million

$0.9 million $2.2 million $1.1 million

$4.1 million

$0.8 million

$45.0 million

As summarized above, when updated from 2006 to 2014 the $28.7 translates to $45.0 million. As in 2006, this total ls preliminary and does not include additional costs that may be required for facilities, equipment and vehicles. It also excludes the costs related to a joint implementation team. These additional amounts could be significant. Vehicles, for example, could total approximately $12 million should replacement of the fleet be required.

4

77


A comparison of the 2006 to 2014 figures is provided in Appendix 4. The largest difference between the figures relates to the cost of severances as a result of the changes that have occurred in the length of service and salary since 2006.

The process to undertake a detailed cost assessment, including several important considerations previously noted by the OPP, is outlined in report CSD 167-2005.

REPORTS PERTINENT TO THIS MATTER

CSC 24-2014, Corporate Services Committee, April 23, 2014 CSD-24-2006, Corporate Services Committee, February 9, 2006 CSD 167-2005, Corporate Services Committee, December 7, 2005

Submitted by: Approved by:

Mauri e (Mo) Lewis Har. Sc lange Com issioner of Corporate Services!Treasurer Chief Administrative Officer

This report was prepared by Glen Cowan, Associate Director- Finance Consulting & Special Projects and Helen Chamberlain, Director, Financial Management & Planning/Deputy Treasurer in collaboration with Lisa Didonato-DeChel/is, Director of Business Services and Joe Matthews, Deputy Chief - Support Services, and reviewed by Jennifer Feren, Director- Legal & Court Services.

APPENDICES

Appendix 1: OPP Serviced Municipalities - Summary Appendix 2: OPP Serviced Municipalities - Detail Appendix 3: Excerpt from 2013 BMA Study Appendix 4: Comparison of the 2006 & 2014 Cost Analyses

5

78

Niagara Region

Appendix 1

OPP-Serviced Municipalities - Summary

Number of OPP-Serviced Municipalities

Population of OPP-Serviced Municipalities (2011 Census)

Total

Average

Median

Largest (Kawartha Lakes)

Smallest (Cockburn Island)

Total as% of Ontario

Land Area (km2) of OPP-Serviced Municipalities (2011 Census)

Total

Average

Median

Largest (Kawartha Lakes)

Smallest (Westport)

Total as% of Ontario

Niagara Region Population (2011 Census}

Land Area (km2) (2011 Census}

cso 74-2014 September 3, 2014

324

2,119,294

6,541

3,731

73,214

16%

125,116

386

299

3,083

2

14%

431,346

1,854

6

79

Niagara Region

Appendix 2

OPP-Serviced Municipalities - Detail

No. Munlclpallties1

1 Addington Highlands Tp

2 Adelaide Metcalfe Tp

3 Adiala-Tosorontio Tp

4 Admaston/BromleyTp

s Alberton Tp

6 Alfred and Planta~~.net Te 7 Algonquin Highlands Tp

8 Alnwlck/Haldimand TP

9 Amaranth Tp

10 ArmourTp 11 Armstrong Te

12 ArnpriorT

13 Arran-Elderslle M

14 Ashfield-Colborne-Wawanosh Tp

15 Asphodel-Norwood Tp

16 Assigi nack To

17 Athens Tp

18 Atlkakan T 19 Augusta To

20 Baldwin Tp

21 BancroftT

22 Bayham

23 Beckwith Tp

24 Billings To

25 Black River-Matheson Tp

26 Blandford-Blenheim Tp

27 Blind RiverT

28 Bluewater M

29 Bonfield Tp

30 Bonnechere Valley Tp

31 Bracebridge Tp

32 Brant Co

33 Brethour Tp

34 Brighton M

35 Brockton M

36 Brooke-Alvlnston M

37 Bruce Mines T

38 Brudenell, Lyndoch and Raglan Tp

39 Burk's Falls V

40 Burpee and Mills To

41 Caledon T

42 Calvin

43 Carleton Place T

44 CarlingTp

45 Carlow/Mavo To

46 Casevle.__

47 Casselman V

48 Cavan Monaghan Tp

49 Central Elgin

50 Central Frontenac Tp

Municipal

status

Lower-tier

Lower-tier

Lower-tier Lower-tier

Single-tier

Lov:er-tier Lower-tier

Lower-tier

Lower-tier

Single-tier Single-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier Single-tier

Lower-tier

Sinele-tier Lower-tier

Single-tier

Lower-tier

Lower-tier

Lower-tier

Single-tier

Single-tier

Lower-tier

Sinf;le-tler


Lawer-tier Lower-tier Single-tier

Single-tier

Lower-tier

Lower-tier

Lower-tier

Single-tier

Lower-tier

Single-tier

Single-tier

Lower-tier

Single-tier

Lower-tier

Single-tier

Lower-tier

Single-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Municipal

sub-type

Township

Township To.wnshlp ___

Township

Township Township

Township

Township

Township

Township

Township

Town Municipality

Township

Township

Townshio Township Town

Township Township

Town

Munlcipalitv

Township

Township

Township

Townshio

Town

Munlcioalitv Township

Township Town City

Township Municipality

Municipality

Munlcloalltv

Town

Township

Village Township

Town

Municipality

Town

Township

Townshio

Township

VIiiage

Township

Munlclpalitv Township


Land

Population area

(2011)2 (km2)2

2,532 1,330

3,028 331

- 10,603 372 -·-2,844 525

864 115

9,196 392

2,156 1,005

6,617 399

3,963 265

1,372 164

1,216 90

8,114 13

6,810 460

5,582 587

4,041 161

960 228

3,118 128

2,787 319

7,430 315

551 83

3,880 230

6,989 245

6 986 241

506 209

2,410 1,163

7,359 382

3,549 526

7,044 417

2,016 208

3,763 593 -15,414 626

35,638 843 --129 82

10,928 223 9 432 565

2 548 311

566 6 1,658 706

967 3

308 218

59,460 688

568 141

9 809 9

1,248 249

892 391

374 81

3,626 s 8,601 306

12 743 280 4,556 1,025

7

80

Niagara Region

Appendix 2

OPP-Serviced Municipalities· Detail

No. Munlclpalltles1

51 Central Huron M

52 Central Manitoulin M

53 Centre Hastings M

54 ~!~~-~ellington Tp r--··-···-·· 55 Chamberlain Tp

56 Champlain To

57 Chapleau Tp

58 Chapple Tp

59 Charlton and Dack M

60 Chatsworth Tp

61 Chisholm Tp

62 Clarence-Rockland C

63 Clearview Tp

64 CobaltT

65 Cochrane T

66 Cockburn Island Tp

67 Coleman Tp

68 Colllngwood T

69 Conmee Tp

70 Cramahe Tp

71 Dawn-Euphemia TP

72 Dawson Tp

73 Deseronto T

74 Dorion TP

75 Douro-DummerTp

76 Drummond-North Elrnslev Tp

77 Dubreuilville Tp

78 Dutton/Dunwich M

79 Dysart et al M

80 Ear Falls Tp

81 East Ferris M

Municipal

status

lower-tier -.. Single-tier

Lower-tier

Lower-tier

Single-tier

Lower-tier

Single-tier

Single-tier

Single-tier

Lower-tier

Single-tier

Lower-tier

Lower-tier

SI ngle-ti er

Single-tier

Single-tier

Single-tier

Lower-tier

Slngle-tler

Lower-tier

Lower-tier

Single-tier

Lower-tier

Single-tier

Lower-tier

Lower-tier

Single-tier

Lower-tier

Lower-tier

Single-tier

Single-tier

__ ?_~--~§arafraxa Tp -··---·----··-- !.,~wer-tier

83 East Hawkesburv Tp Lower-tier

84 East Luther Grand Valley Tp .. Lower-tier

85 East Zorra-Tavistock Tp Lower-tier

86 Edwardsburgh/Cardlnal Tp Lower-tier

87 Elizabethtown-Kitley Tp Lower-tier

88 Elllot Lake C Single-tier

89 EmoTp Slngle-tler

90 Englehart T Single-tier

91 Ennlskillen Tp Lower-tier ·-92 Erin T Lower-tier

93 Essa Tp Lower-tier

94 Essex T Lower-tier - -95 Evanturel Tp SI ngle·tier

96 Faraday To Lower-tier

_,...1Z_ Fauquier-Strickland Tp Sini;Je·tler

98 Fort Frances T Single-tier

99 French River M Single-tier

100 Front of Yonge Tp Lower-tier

Municipal

sub-type

Munlcloalltv

Municipality

Municipality

:fownshlp Township

Township

Township

Township

Municlpalltv

Township

Township

City

Township

Town

Town

Township

Township

Town

Township

Township

Township

Township

Town

Township

Township

Township

Township

Municipality

Township

Township

Township

TownshlJ),_ ..... -Township

Town

Township

Township

Township

City

Township

Town

Township

Town

Township

Town

Township

Township

Township

Town

Municipality

Township


Land

Population area

(2011)2 (km2)2

7,591 450

1,958 432

4,543 223

26,§~ 408 -···-·-297 110

8,573 207

2,116 14

741 529

671 92

6,437 596

1,263 207

23,185 298

13,734 557

1,133 2

5,340 539

171

597 179

19,241 33

764 169

6,073 202

2 049 445

563 338

1,835 3 338 212

6,805 459

7,487 366

635 90 3,876 295

5 966 1484

1,026 331

4,766 155 ____ .,?,595 166

c-·-3,335 235

2,726 158

6,836 242

6,959 312

9,724 558

11,348 715

1,252 204

1,519 3

_2,930 338

10,770 298

18,505 280

19,600 278 -452 89

1,468 218

530 1,014

7,952 27 2,442 735

2,752 128

8

81

Niagara Region

Appendix 2

OPP-Serviced Municipalities - De tall

No. Munlcipalltles1

101 Frontenac Islands To

102 Galway-Cavendish-Harvey Tp*••

103 Gauthier Tp

104 Georgia~. Ba:t,.!E_ _________ ,_ ... _ --105 Georgian Bluffs Tp

106 Gillies To

107 Goderich T

108 Gordon/Barrie Island M

109 Gore Bay T

110 Gravenhurst T -111 Greater Madawaska Tp

112 Greater Napa nee T

113 Greenstone M

114 Grev Hi11hlands M

115 Guelph/Eramosa Tp

116 Haldlmand Co

117 Hamilton Tp

118 HarlevTp

119 Harris Tp

120 Hastings Highlands M

121 Havelock-Belmont-Methuen To

122 Hawkesburv T

123 Head, Clara and Marla Tp

124 Hearst T

125 Highlands East M

126 Hilliard To

127 Hilton Beach V

128 Hilton Tp

129 Horne payne Tp

130 Horton Tp

131 Howick Tp

132 ..1::1.11.dson T..e, __ - ..... ~. 133 Huntsville T

134 Huron East M

135 Huron Shores M

136 Huron-Kinloss Tp

137 Ignace Tp

138 Ingersoll T

139 Iroquois Falls T

140 James Tp

141 Jocelyn Tp -142 Johnson Tp

143 Joly Tp

144 Kapuskasinr:i T

145 Kawartha Lakes C

146 KearneyT

147 Kenorn C

148 Kerns Tp

149 Klllaloe, Hagarty and Richards To

150 Killarney M

Municipal Municipal

status sub-type

Lower-tier Township

Lower-tier Township

Single-tier Township

Lower-tier I~P ··---------Lower-tier Township


Lower-tier Town

Single-tier Munlcipalltv

Single-tier Town

Lower-tier Town

Lower-tier Township

Lower-tier Town

Single-tier Municioality

Lower-tier Munlcipalitv

Lower-tier Township

Single-tier City

Lower-tier Township



Lower-tier Municipality

Lower-tier Township

Lower-tier Town

Lower-tier Township

Single-tier Town



Single-tier Village



Lower-tier Township

Lower-tier Township

SirJ.ill.~~t ...• - .. . Township

Lower-tier Town

Lower-tier Munlci pality

Single-tier Municioality

Lower-tier Township


Lower-tier Town

Single-tier Town





Sin$1e-tier Town

Single-tier City

Single-tier Town

~-tier ---- City __


Lower-tier Township

Single-tier Municipality


Land

Population area

(2011)2 (km2)2

1,864 175

5,105 860

123 89 2,482 547

10,404 Ei04 473 93

7,521 8

526 268

850 s 12,055 519

2 485 1,034

15,511 461

4,724 2,768

9,520 882 12,380 292

44,876 1,252

10,702 256

539 92

523 so 4,168 973

4,523 544 10,551 9

235 728

5,090 99

3,249 705

204 91

145 2 261 116

1,050 205

2,719 159

3,856 287

476 91 -···-19,056 711

9,264 669

1,723 456

6,790 441

1,202 73

12,146 13

4,595 600 424 86

237 131

750 uo 284 194

8,196 84

73,214 3,083

841 531

15,348 212

359 90

2,402 396

sos 1,655

9

82

Niagara Region Appendix 2

0 PP-Serviced Municipalities - Detail

No. Municipalitles1

151 Klncardine M --·- .. 152 Kingsville T

153 Kirkland Lake T

154 ~a Vallee Tp 155 Laird Tp

156 Lake of Bavs Tp 157 Lake of The Woods To

158 Lakeshore T

159 Lambton Shores M

160 Lanark Highlands Tp

161 Larder Lake Tp

162 Latchford T

163 Laurentian HlllsT

164 Laurentian Valley To

165 Leamington M

-

166 Leeds and the Thousand Islands

167 Limerick Tp

168 Lovalist Tp

169 Lucan Biddulph

170 Macdonald, Meredith & Aberdeen Add'I Tp

171 MacharTp 172 Machin M

173 Madawaska Valley Tp

174 MadocT~

175 Magnetawan M

176 Malahide To 177 Manltouwadge Tp

178 Mapleton Tp

179 Marathon T

180 Markstay-Warren M

181 Marmara and Lake M

182 ~ata~-~~wan Tu_·--------·-·---·----·-183 Mattawa T

184 Mattawan TP

185 Mattice-Val Cote Tp

186 McDougall M

187 McGarryTp

188 McKellarTp

189 McMurrlch/Monteith Tp

190 McNab/Braeside Tp

191 Meaford M ,____, - "'

192. Me lancthon Tp

193 Merrickville-Wolford V

Middlesex Centre M

Municipal

status

Lower-tier

Lower-tier

Single-tier

Slngl~.:tier Single-tier

Lowe Hier Single-tier

Lower-tier Lower-tier

Lower-tier

Si nRle-tie r

Single-tier

Lower-tier

Lower.tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier


Single-tier Single-tier Lower-tier

Lower-tier

Single-tier

Lower-tier

Single-tier

Lower-tier

Single-tier

Single-tier

Lower-tier

Municipal

sub-type

MunlclpiJlitv_ Town

Town

Township


Land Population area

(2011)2 (km2)2

11,174 538 --21362 247

8,493 263

988 238 ·--_______ ,,

-··--·---Township 1,057 102 Township 3,506 678 Township 296 752 -Town 34,546 530 Munlcloalltv 10,656 331 Township 5,128 1,048

Township 684 230 Town 387 153

Town 2,811 640 Township 9 657 552

Municioalltv 28,403 262

Township 9,277 613

Township 352 206 Township 16,221 341

Township 4,338 169

Township 1,464 164

Township 923 185

Township 935 290 Township 4,282 672 Township 2,197 278

Municlpallty 1,454 532

Township 9,146 395

Township 2 105 352

Township 9,989 535

Town 3,353 170

Municipality 2,297 513

Municipality 4,074 556

Single-tie~·····- Township ___ 409 544 --·-'-""

Single-tier Town 2 023 4

Single-tier Township 162 201


Single-tier Township 2,705 268


Single-tier Township 1,144 181


Lower-tier Township 7,371 256

Lower-tier Municioality 11,100 589

Lower-tier Township 2,839 311 Lower-tier Village 2,850 214

Lower-tier 16,487 588 ~ -----------·"---·-~-·~ ... ----~Jslpality

195 Minden Hills Tp Lower-tier Township 5,655 878

196 Minto T Lower-tier Town 8,334 301

197 Mi sslssl e.el..M!!!~ T Lower-tier Town 12,385 520 --198 MonoT Lower-tier Town 7,546 278

199 Montague To Lower-tier Township 3,483 2.80

200 Moonbeam Tp Single-tier Township 1,101 - 236

10

83

Niagara Region

Appendix 2 OPP-Serviced Municipalities - Detail

No, Municlpalltles1

201 Moosonee T

202 MorleyTp

203 Morris-Turnberrv M

204 MulmurTp ·-205 Muskoka Lakes Tp

206 Nairn and Hyman Tp

207 Neebing M

208 New Tecumseth T

209 NewburyV 210 Niplgon Tp

211 NI pissing Tp

212 Norfolk Co

213 North Algona Wilberforce Tp 214 North Dundas Tp

215 North Frontenac Tp

216 North Glengarry Tp

217 North Grenville M

218 North Huron To

219 North Kawartha Tp

220 North Middlesex M

221 North Perth M

22.2 North Stormont Tp

.

223 Northeastern Manitoulin and The Islands T

224 Northern Bruce Peninsula M

225 NorwichTp

226 O'ConnorTp

227 Oil Springs V

228 Opasatl ka Tp

229 Orillla C

230 Oro-Medonte Tp

231 Otonabee-South Monaghan Tp

Municipal Municipal

status sub-type

Single-tier Town



Lower-tier I?.~n-~--Lower-tier Township


Single-tier Municipality

Lower-tier Town

Lower-tier Village

SlnRle-tier Township

Single-tier Township Single-tier City

Lower-tier Township Lower-tier Township

Lower-tier Township

Lower-tier Township Lower-tier Municipality

Lower-tier Township

Lower-tier Township



Lower-tier Township

Single-tier Town

Lower-tier Munlcipalitv

Lower·tier Township

Single.tier Township

Lower-tier Village


Single-tier City

Lower-tier Township

Lower-tier Township

232 ~au~(!1eron Tp_, __ ., .- ~.1.1-&l~U!.~.-- .k..y_nship ···-·----233 Parry Sound T Single-tier Town

234 Pelee Tp Single-tier Township

235 Pembroke C Single-tier City

236 Penetangulshene T Lower-tier Town

237 PerryTp Single-tier Townshio 238 Perth East Tp Lower-tier Township

239 Perth South Tp Lower-tier Township

240 Perth T Lower-tier Town

241 Petawawa T Lower-tier Town

242 Petrolia T Lower-tier Town

243 Pickle Lake Tp Single-tier Township

244 Plummer Addlti~-·- Single-tier Township

245 Plympton-Wyoming T Lower-tier Town

246 Point Edward V Lower-tier Village

247 Port Hope M Lowe Hier Municipality 248 Powassan M Single-tier Municipality

249 Prescott ST Single-tier Town

250 Prince Edward Co Single-tier Cltv


Land Population area

(2011}2 {km2)2

1,725 550

474 376

3 413 377

3,391 287

6,707 794

477 161

1,986 878

30,234 274

447 2 1,631 109 1 704 394

63,175 1,608

2,873 379 11,225 503

1,842 l,165

10 251 644 15,085 352

4,884 179

2,289 776

6,658 598

12,631 493

6,775 516

2,706 496

3 744 782 10,721 431

685 109 704 8

214 330

30,586 29

20,078 587

6,660 348

978 567 - ·--6,191 13

171 42

14,360 14

9,111 26

2 317 187

12,028 713

3,993 393

5,840 12

15,988 165 ·-5 528 13

425 255

650 222 7,576 319

2,034 3 16,214 279 --3,378 225

4,284 5 25,258 1,050

11

84

Niagara Region

Appendix 2

OPP-Serviced Municipalities· Detail

No. Munlcipalities1

251 Puslinch Te 252 Qulnte West C

253 Rainy RiverT

2S4 Rama_r:i..!e_._ -·--"-255 Red Lake M

256 Red Rock To

257 RenfrewT

258 Rideau Lakes To

259 Russell Tp

260 Ryerson Tp

261 Sables-Soanish Rivers To

262 Schreiber Tp

263 SE!fl:Uln Tp

264 Severn To

265 Shunlah M

266 Sioux Lookout M

267 Sioux Narrows-Nestor Falls Tp

268 Smooth Rock Falls T

269 South Algonquin Tp

270 South Bruce M

271 South Bruce Peninsula T

272 South Dundas Tp

273 South Frontenac To

274 South Glenga rry TP

275 South Huron M

276 South RlverV

277 South Stormont Tp

278 Southgate Tp

279 Southwest Middlesex M

280 South-West Oxford Tp

281 Southwold To

Municipal

status

Lower-tier

Single-tier

Single-tier

Lower-tier ·-·-·--·--· Single-tier

Single-tier

Lower-tier

Lower-tier

Lower-tier

Single-tier

Single-tier

~le-tier

Single-tier

Lower-tier

Single-tier

Single-tier

Single-tier

Sin~le-tler

Single-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Single-tier

lower-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Muni cl pal

sub-type

Township

City

Town

Townsh!P

Municipality

Township

Town

Township

Township

Township

Townshio

Township

Township

Township

Municipality

Municipality

Township

Town

Township

Municipality

Town

Township

Township

Township

Municipality

Village

Township

Township

Municioality

Township

Township

cso 74-2014 September 3, 2014

land

Population area

(2011)2 (kml)2

7,029 215

43,086 494

842 3

9,275 419 ··--4,670 610

942 63

8,218 13 10,207 729

15,247 199

634 188

3,075 816

1,126 37

3,988 595

12,377 550

2,737 571

5 037 379

720 1 222

1,376 200

1,211 872

5,685 487

8,413 538

10,794 520

18,113 972

13,162 605 9,945 425

1,049 4

12,617 448

7,190 644

5,860 428

7,544 370

4,494 302 __ ].g_ . Spanish.I._ .. ~le-tier_ Town 696 108

·~·-···-·~·-·-·---- !---~·----· - --· 283 SoringwaterTp Lower-tier Township 18,223 536

2B4 St. Charles M Single-tier Mu nlcl oalltv 1,282 322

285 St. Clair To Lower-tier Township 14,515 619

286 St. Jose oh Tp Single-tier Township 1201 129

287 St. Marvs ST Single-tier Town 6,655 12

288 Stone Mills Tp Lower-tier Township 7,560 709

289 Strong Tp Single-tier Township 1,341 159

290 Sundridge V Single-tier Village 985 2 291 Tarbutt & Tarbutt Additional To Single-tier Township 396 53

292 TavTP Lower-tier Township 9,736 139

293 Tay ValleyTp Lower-tier Township 5,571 549

294 Tecumseh T Lower-tier Town 23,610 95 ... ··-295 Tehkummah Tp Single-tier Township 406 132

296 Temagami M Single-tier Municipality B40 1,906

297 e---·-- Tem[_:;_~aming2b_~~ .. Single-tier City 10 400 178

298 Terrace Bay Tp Sing! e-ti er Township 1,471 151

299 Thames Centre M Lower-tier Municipality 13,000 434

300 The Archipelago TP Sin_gJ_e-tier _ Township 566 607

12

85

Niagara Region

Appendix 2 OPP-Serviced Municipalities - Detail

No. Munlclpalitles1

30l The Blue Mountains T

302 The Nation M

303 The North Shore Tp

304 Thessalon T

305 Thornloe V

306 Tlllsonburg T

307 Tiny Tp

308 Trent Hills M

309 Tudor and Cashel Tp

310 Tweed M

311 Tyendinaga Tp

312 Val Rita-HartyTp

313 WarwickTp

314 Wasaga Beach T

315 WawaM

316 Wellington North Tp

317 West EIRin M

318 West Perth M

319 Westport V

320 White RiverTp

321 Whitestone M

322 Whitewater Region T -323 Woliaston Tp

324 Zorra Tp

Total

-

.. . . 1. List as provided by OPP Municipal Policing Dlv1s1on

Municipal

status

Lower-tier

Lower-tier

Single-tier

Single-tier

Single-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Single-tier

Lower-tier

Lower-tier

Single-tier

Lower-tier

Lower-tier

Lower-tier

Lower-tier

Single-tier

Single-tier

Lower-tier

Lower-tier

Lower-tier

2. Based on 2011 Census data produced by Statistics Canada.

•• •••

Name recently changed to Selwyn Twp

Name recently changed to GrandValieyT

Name recently changed to Trent Lakes M

Municipal

sub-type

Town

Munlcipalitv

Township

Town

Village

Town

Township

Municipality

Township

Municipality

Township

Township

Township

Town

Municipality

Township

Munlcioalitv

Municipality

Village

Township

Municipality

Township

Township

Township


Land

Population area

(2011)2 (km2)2

6,453 -~ 11,668 658

509 239

1,279 4

123 6

15,301 22

11,232 337

12,604 512 586 446

6,057 954

4,150 313

817 383

3,717 290

17,537 58

2,975 418

11,477 526

5,157 323

8,919 579

628 2 607 97

918 958

6,921 538 708 220

8,058 529 2,119,294 125,116

13

86

Appendix 3: Excerpt from 2013 BMA Study


14

87

Municipal Study 2013

Police

Under the Ontario Police Services Act, municipalities are responsible for the provision of adequate and

effective Police services to ensure the safety and security of citizens, businesses and visitors. To fulfill this

mandate, each municipality and police agef!CY creates and implements strategies, policies and business

models that meet the specific needs and priorities of their local communities.

The key objectives provided by Police Services include;

• Crime prevention

• Law enforcement

• Victims' assistance

• Maintenance of public order

Emergency response services

Each municipality's results are influenced to varying degrees by a number of factors, including:

Non-residents: daily inflow and outflow of commuters .and tourists, attendees at cultural,

entertainment and sporting events, or seasonal residents (e.g. post-secondary students} who require

police services and are not captured in population-base(:! measur.es

• Specialized facilities: airports, casinos,1 etc. that can requl~e additjonal policing

Demographic trends: social and economic ch,anges in the po,pula"tjon

Police costs will vary signfficaritly based on a number of factors )ncluding, but not limited to: , , , I .

• Geographic mix (urban/rural mix}

• One-time special events

• Proximity and quantity of higher risk facilities (e.g. correctjonal, mental health facilities)

• Service levels

• Incident of more complex crim.es

• Specialized services (e.g. Emergency Task Force, Emergency Measures, Marine Unit, etc.}

• Accounting and reporting practices

.· . ... '· " ... •'

.Revenµe ~ E;.xpenditurr? Anc:~fysis -~.MPMPs . . . ', " ... :

88

BM.A. . . . ; ·· ',;I .,1 ;., ••

~~n:. Munfcipql S.tupy,2013

* Zorra ·~ South-West Oxford

.if:.. Georgian Bluffs

*- The Blue Mountains

1* North Middlesex

~ Blandford"Blenheim

~ Lambton Shores

*·Norwich

~ Eastlorra-Tavistock

~ Central Huron

* '. Me.af~rd · * Ce~tral"Elgln 'I', : • ,

saugee'n SiJOn'!s

:/(.. : P~ri.~t~·~g~i~h~ne !Jf. ·St.Marys

' ... ·: ',

i:;: I ngerspll ·.." " ·.: ... · .. * Gr.eenstone · · · ·

Ha~~:v~~·:".;':iY: \:· :- ·

'·, , : I• 1,1, •,''• •:•1! :,\'

. ; f'l$ \ ' . . " '~.1,3:0:. -'.:$ . . ...

$ . 99 $ ... .. $ 98 $

$ 369 $

$ 143 $ $ 147 '$

$ 196. $

$ 132 ·$

$ 180 :$ ··:.

1 $ :).63 $

$ 161. $

$ 177 $ 25 11 $ 297 $

$ 208 $

$ 245 $

$ 232. $,

$ 332. $ 'I

i: ·:"¥153 ·.·.

: .$ ' '"$ 5 23

. " ~.

· i3o'i $

99 $

98 $

375 $

143 $ 147 $

196 $

132 $

180 $

163 $

161 $

177 $ ·302 $

'208 $

245 $

"233' $

332 $

. ·'46.0 $ . . .': .. ~:' . . .. 210 ;$

' ...

'Ml~',$' ... , ... · .... "6'6• $ . '''\ '70 ·$ 72 $

82 $

·35 $

102 $

103 .$

103 $

111 $

111 $

138· $

167. $

211 $

217 $

253 $

294 $

. :' ... "'" . '• . ' " : ·~.' t " ·; ,' .: . ', ··. "$"' ·:::,::·:·: ..,,._, "·.'ii:g; '!:$' :"'":'.: ... "' :""'::~25.·: ·:;s ..... : '.' -::.7·&:. \$' .... · : .. :$ ·:.. : ..: · · :>ios·!: is · · '· "iof ·$ · "Ji''. .\s · ·

· · : · : .. ~ :i · ... ~ ...... ·, :::1~~>fo·"; .. , · -.i9i! '.$ .. ,_ .. :·1'4t1.":·s" · .... , · ! ...... · :<' $ . ............... "1@·'. ,~ "· : · .. : -\"70' :s · · ... "°':t5'1·; !$ ..

, : • • • ' • '.: ' ' \ ,' , , ,'· :•, • ''.':'; ~; .'•;. ' ' ' ' I '" •, ' '.; . :· ,'. :: ~ '. ' ' ' I , \'): ; •. ~, 1 '., '

$ ' " \ <211 · $ . :,:2.1~.: $. : ·.:190, :s ··.·' .. 1 ....... :".>" '· .:;:: ·.$' '.:' . ..;::;.~6$'.i-.:$'.":': .. ·. :._:;1~-::~'$' '. ·"'..i9~\i$'.: :·":.i9 ....... :· ···:.:,5 · .::;$ ,. : ·:·, :;'.37·5: ~:$'": ·;:_:3:f~~.: \$ '.:~~7'2>::s":

~ ,' ' ', ' '. · ' ' '> ' ' ' '. '·. :, ; ' ,' •' : ; ', '\ ', •: ,'\, ,'" ' ' . ' , ' '· ' ' •,'. '• • : ' '· '" •,'"·\ ~ I :. 1: ', •, ,

·64 . 28 $ ." : . ' ·/336 \. '$ ·359 :"$ •$64 .. :s

':59

66

70

73

82

85

102

103

103

111

111

138 · .. 170

··zil 217

·.·::

: 254

294

':526

. ....... .. 154

· .. : ',7.6'

73

•)46

· "i52' '\9'i". ·•·••• '!

. _::201

-.. ~31· ... ~~0=:

: .. ·;~-~~·

'1~)6~o'.'~2-9}99:~"~J:~;~ia" ;· '""; · · · ',: .. ·: '.·· ·: .·\ · :" :·:: ... : ·: :;-:.; '.;$. "'·"'ii."'.-:-;,·;./z3.'~'\ ;,~'_"..'.:~ .... :·>"""<;~43'; ·::$· ... · ... , ... ·.\~i§\ ii· .. ·\: ..... "·· ·,>~~b · : 15;:boo:N·9;:9·9~ .. :~A~'.dl~~--'.: .. > .. > ... ·:.;: ": ./.-::.:> .:;,, ,' :· "" ;:;,:;; f "<>: ':\'.,::\20.~:.: :ir,:: ... <.:· ·,, ::·(.2h''. ·::f. . .. <.'i~B"Hf.'<"' . \:1~1·

. ':'.,.'.','.' :.;;_ !.''.".)>/·:',\·:.>:· ... ; "'. .. ~· >.: ..... ': '.' : :...·: .. .-:': ·: ............. ·.::~:" .... : ~- . ~·" '(i.>'.."'; "''.•: ..... ·?;/.·;>.,:~::·:·:.I. ....... "·:: ... . * :·o.~·~:!?-~'r./rqeP\ · · · · · "" .... ", .. . ." ·:.": ·; · " ··. ·.:.:.

· .. ''•

•, ',' ·. . •, ··.· 141

. '· 89

BMA '!VJunicipal Study 2013 l~~h.:!.

* Ka0·a.rtha Lakes * Bra,nt County

lnnisfil * Orillla Peterborough * Qulnte West

Stratford

Sarnia

North Bay . , ..

Believille

St. Thomas

s~~it .. Ste. Marie

30,'6.ilo ,·99,999 Median

' . ~ . : Toronto

Guelph

Kingston

London

Hamilton

Bar.rie

Grea'ter sud.bury ·,1.·:· ·.' '•

Thunder Bay

·.·i

1

167

75

153

86

134

-130

89

119

176

125

.. :·

1,935

7,664

273

249

842

1,033

.. ~ ·.

}?pl(qe-(cont'd) ·•. " ...

. ,) ·.',

3

8

3

16

11

28

6

2

14

17

11

$

$ $

$

$

$

$

$ $

$

$

$

$

$

$

" \ $ . : $

$ 205 $

11 $

14 $

$

37 $

$

1a3 ·:s 2n $

270 $ 267 $

277. $

229 $

311 $

285 $

38.3 $

295 $

338 $

290 $

297 $

337 $

357 $

289. $ 2$P. •.$

281 ·$

346 $

272 $

264' $

222 $

284 $

267 $

286 $

232 $

321 $

290 $

394 $

303 $

345 $

290 $

318 '$

344 $

':36.6 .$

. "·.· '•":··· :·296. $ ., .'290, $

364 $

282 $

286 $

'.vii'· $

173 .$

242 $ '. '· 273 $

290 $

296 $ 313 $

311: $

313 $

352 $

369 $

425 $

467 $

309 $

311 $

203 $

208 $

214. $

232 $

127

142

182

242

281

2.92

305

318

318

322

360

369

444

562

•316

318

206

217

222

244

266 $ 276 $ 266 $ 275 .... 276 $ 281 $ 271. $ 276

, ;:1ho;'do0';.~~·~~·~~-::- .... '. '.·},)! ·;":/?.n;;·;,:":::;:., .. :;;: :,;.-:.;.::;: :".;. '::< '$ .. :. ·.::369.-: .;$· ::.::-:: . :: :" .;~·i~·;; .. :f :::-: ·.::::."<:%#'.\ j.$.:\>><:'i:<':;~ii.: .i ~:¥60,\Q&tr.;.;~~f~,;,:~.: .:-.o;..·,.:;,:.,,;~ .= .. :.,'·:.\:'.Y>>.k! ••>-><': ·: ... 1.:- .''s.; :.: . ·'..J.~i:. !$.\." ·.· ... :;.::· .. 2~5·:< :~$·. ·,",''· · .. :\i~:~\ 'i$.: .. :.::'.:'.i::.<.; .. :;:w~i

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· R·J~i~~·fi~·~·i: ·;:: ..... "' "·.., >. .. :i'.:-2,~"f{i/. .. \ .. ,:33· .. :: .'i ·$ ".:e~'i.L$ " '·.' ;:e~~ 1 '$' .. . :. <":.,1·15'9''. ~ ... : · ". : ,"·h:i~' R~·~lo'~\:>.~rh~~· " \ .' · · '· :{i3·a·· ;·.::. . ·· .. ;bo · · ·.: s · ·:2'49:'. :$ · · ": \257:': i$ ·. · ." · "· \~16' i.$· · ·· 1·i'i'6. R~~~~'\N~'.ieriq~ '. · · . : . ·:{obJ ':. :'.· '.':··:<:. "<::::" $ .-'Q3'~: ~ . · ... '.2.4?"~ .f .· · " .. ;':i':iJj i$ · · '.i2~(

. R~~i~H '~1~·i.J·ri;.·:.\,.".,-<:;:"; .. : : .... '·, ... :-.:.1;bTu ;;;\ :·:'.\::\ .. :., .... ::: . ./: .'.:-:::: .... : ··""' './J':.\ .: .. ,,,;.:: .. "·; <:::</\\ :$ .. ;:.:: .. ::".·:..is~·~'.;.$ ... · ..... /,. '.o..:.·,;2~c;·

. R~il~h·:'AJ~;~··f{:;-:'.::::';:". ··:''.":·: ··;""':.::\>.:\:'), "'"'\'.!\."''·:·:·::::::=:.:; .:~·: .. ::'.,.-.:.'\'.'.>;~7~~i1·,~f:>:<.·<···· ... ""\;2j~.:. ::r:.··"' .. ::::::::'11~~'. ;r··;··:·.'/'.::·:,:::::'G1; : R·~·i\~J;Mciaf~k;.·.:·\:-:'.·. ·· .. ':'./ '.·'. 1;.: • .:.;·:;'.~'.·:;-r /)y:,:.:·>:·:,:j )$.:,:\··,.:~::;::\~36' .:~'.::. ; .. ::- , ..... ·:·>~4'/J .;i.\~)..'.:.:.'\\11~~:: is·"" ·:.'.:'..:,: ... :.:;.H_~:·

.... ,: .. ·': /':"."·.'.-'.:''. ....... , ... ·" .. : ..... , ......... · ·· : "<i?~Ye.~µ~·.~· i:x(i~~dit"i)'f.~:0~~/yiis '.&'M'f'NJP.~· ·-:: · * ow.>s~r01ceJ · .. , · · .. · ' : . . . ~ . .

142

90


Appendix 4: Comparison of the 2006 and 2014 Cost Analyses ($Millions)

Severance/Loss of Status Payments to NRPS Members » Senior Uniform members > Senior Civilian members > Civilian members Subtotal

Banks (Approximate Cost of Paying Out Accumulated Time Banks) » Sick bank payout (net of reserve) » Annual leave payout > Other Time banks (e.g. Float, Special Leave)

Subtotal

Equipment, Training & Legal Expenses > Replace firearms > OPP Training > OPP Uniforms > Less sale of NRPS Glock Firearms

Subtotal

> Legal Costs (of negotiating severance packages and participating in OCCPS disbandment hearing)

Preliminary Total {excluding capital)

2006

2.1 2.0 7.4

11.5

11.3 1.1 2.0

14.4

0.9 1.0 1.0

(0.3) 2.6

0.2

28.7

2014

3.0 3.0

23.5 29.6

5.2 2.8 2.5

10.5

0.9 2.2 1.1

0 4.1

0.8

45.0

Difference

0.9 1.0

16.1 18.1

(6.1) 1.7 0.5

(3.9)

0.0 1.2 0.1 0.3 1.5

0.6

16.3

~~~~~~--~~~~~~~~~~~--~~--~~--~~-~~~~~~-

15

91

92

October 3, 2014

Area Municipalities

SENT ELECTRON/CALLY

city gf ¥3~!~ f;~lltJorne Rt::ert!VED

Administration ;. OC\ JA ~ '20" Office of the Regional Clerk CORPORATE SERV1CES 220 I St. David's Road W, PO Box I 042, Thorora, Oft>~XRl'\ft11ENT Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca

CL 13-2014, October 2, 2014 CSC 13-2014, September 24, 2014

Report CSD 82-2014

The Council of The Regional Municipality of Niagara, at its meeting held on October 2, 2014, approved the following recommendations of its Corporate Services Committee:

That Report GSD 82-2014, September 24, 2014, respecting the Proposed Amendments to the Purchasing By-law No. 107-2013, BE RECEIVED and the following recommendations BE APPROVED:

1. That the Purchasing By-law No. 107-2013, as amended, BE REPEALED AND REPLACED with a revised Procurement By-law attached to Report CSD 82-2014 as Appendix B;

2. That the issued By-law BE CIRCULATED to local area municipalities and external procurement stakeholders for information;

3. That the Regional Clerk BE DIRECTED to ensure that the appropriate by-laws are prepared for submission to Regional Council;

4. That staff BE DIRECTED develop a communications plan to ensure the procurement policy is circulated to all potential bidders with an invitation to comment on future improvements; and

5. That staff CONTINUE the process of consultation and review of the Procurement Policy.

A copy of Report CSD 82-2014 is attached for your information.

Also enclosed, for your records, is one (1) copy of By-law No. 93-2014 being a By-law to Define the Procurement Policies a·nd Procedures for The Regional Municipality of Niagara, and to Repeal By-law 56-2009. This By-law was enacted by Regional Council at its meeting held on October 2, 2014.

93

Council Follow up October 2, 2014

For further information on these matters, please contact Maurice (Mo) Lewis, Commissioner, Corporate Services at (905) 685-4225, ext. 3292.

Yours truly,

• ~0alph Walton TRegional Clerk

:Im

cc: C. Mammoliti, Administrative Assistant Commissioner, Corporate Services J. Burgess, Director Procurement and Strategic Acquisitions H. Smith, Communications Specialist

94

REPORT TO:

SUBJECT:

RECOMMENDATION

Niagara "IT/If Region

Corporate Services Committee


Proposed Amendments to the Purchasing By-law No. 107-2013

1. That the Purchasing By-law No. 107:2013, as amended, be REPEALED AND REPLACED with a revised Procurement By-law, attached as Appendix B in this report.

2. That the issued By-law be circulated to local area municipalities and external procurement stakeholders for information.

3. That the Regional Clerk BE DIRECTED to ensure that the appropriate by-laws are prepared for submission to Regional Council

PURPOSE

Following Committee of the Whole meeting on July 10, 2014, staff informed Committee that they were undertaking a review of the current Purchasing By-law. Staff confirmed at that time they would report back to Council in Fall 2014 with a revised Purchasing By-law.


• The revised By-law improves the dispute resolution procedures and allows for the use of a fairness advisor, monitor or auditor.

• The Region implemented reserving its decisions to accept or reject bids during the formal bid opening process. With this change in process, the proposed Procurement By-law has removed the requirement of a representative from Legal and Court Services to be in attendance. This change will allow the Region to more formally review these critical issues, prior to making a decision.

REPORT

Procurement and Strategic Acquisitions, in consultation with Legal and Court Services, have undertaken a review of the current Purchasing By-law incorporated suggestions made following their presentation to Committee of the Whole on July 10, 2014. These changes are summarized in Appendix A of this report.

1 95



Presentation to Committee of the Whole, July 10, 2014.


Maurice ( o) ewis Commis 16ner of Corporate Servicesrrreasurer

This report was prepared by Tracie Byrne, Manager of Procurement and Jason Burgess, Director of Procurement and Strategic Acquisitions in consultation with Jennifer Ferren, Director of Legal and Court Services.

APPENDICES

Appendix A: Summary of the proposed changes to the current Purchasing By-law.

Appendix B: Revised Procurement By-Law

Appendix C: Revised Procurement By-law with track changes (available only electronically - see link)

2 96

Appendix A

Summary of Proposed Changes

97

Summary of Purchasing By-law Amendments AppendtxA

The proposed changes to the By-law are a result of the undertakings outlined in the presentation "Update on Purchasing Activities and Procurement Review", presented to the Council Committee of the Whole on July 10, 2014. The proposed actions were outlined on slide 10 of the July 10th presentation and are provided below for your reference.

The four specific items are:

~~~.:. (.!!_~·~

Purchasing By-law • Revisions to include:

-Council oversight-extent & timing, Fairness Advisor role

- Complaints and dispute resolution clauses

- Compliance- Code of Conduct- Council & staff

- Enhancing the quarterly purchasing activity report

• Revised By-law - to be presented to Council in Fall 2014

(i) Council oversight- extent & timing, Fairness Advisor Role - The fairness advisor role was defined and included in the bylaw. (See By-Law proposed change)

(ii) Complaints and dispute resolution clauses - The dispute resolution section was amended to include timing. (See By-Law proposed change)

(iii) Compliance - Code of Conduct- Council and staff- The current By-law refers to the adherence to the code of ethics of the National Institute of Government Purchasing and the Purchasing Management Association of Canada as well as the Municipal Conflict of Interest Act This item requires further consultation and review (This item is still under review).

(iv) Enhancing the quarterly purchasing activity report-We have undertaken a proposed change to the quarterly report and this is being presented to the Corporate Services Committee. We have made minor changes to the By-law to accommodate the new reporting. (See By-Law proposed change)

In addition to the above there were a number of other changes undertaken in order to update the By-Law at this time. The following pages summarize the key changes.

98

Summary of Purchasing By-law Amendments Appendix A

The following summarizes the changes made to the By-law. The changes are grouped in two sections. The first group of changes relate to specific undertakings_ from the presentation to the Council Committee of the Whole_ meeting on July 10,. 2014. The second group of changes relate to "housekeeping" and other matters.

Specific Undertakings

1.

2.

Item:

Fairness advisor, monitor and auditor Dispute Resolution

Section c · I impacted:

Added the use of a fairness advisor, monitor and auditor to ensure open, I 4.(b) (x) fair and impartial procurement process. Added timeframes in which bidders are to submit substantive objections I 30.(b) to a procurement process.

99


Other Matters and Housekeeping

lterri:.

3. Definitions

4. I Informal Quotations

Summary: '··" ...

Fairness Advisor Added a definition of a fairness advisor to clarify the term within the Bylaw.

Lobbying Added to clarify the use of Lobbying within the By-law.

Surplus Assets Added to clarify the use of surplus assets within the By-law.

Department Commissioner

Added to clarify the use of Department Commissioner within the By-law.

Procurement and Strategic Acquisitions Amended to include anyone with delegated authority under Section 4. (d).

Purchase Amended to include Construction.

Treasurer Removed as the role is no longer a separate role and is included within the role of the Commissioner of Corporate Services.

Two Envelope Method Removed as deleted from Request for Proposals section .

Section· impacted: 2.(a)

. Added Procurement and Strategic Acquisition will review for compliance. I 13.(c)

100


Item: Summary: Section .. ;.:':'\- •'::

.... : ... impacted: ··

5. Request for Proposals Amended to remove reference to two envelope method. The method to 16.(e) separate technical and cost elements of the evaluation will be stated within the Bid Solicitation.

Change now accommodates the inclusion of other, non-Regional staff as participants on the evaluation team.

6. Single Source Purchases Removed item (i) Sole Source and included the use of Sole Source 18.(a) within amended item (iv).

7. Formal Bid Process Added Informal Quotation as an exception to the Formal Bid process. 21.(a)

Removed Legal Services from attending all Bid openings. 21.(b)

Added Bids which require validation at the time of the Bid opening 21.(c) process will be reserved. If the reserved Bid is determined to be valid, a continuation of the Bid opening will be scheduled. If the reserved Bid is determined to be deficient, a continuation of the Bid opening will not be scheduled and the results of the Bid opening will be posted.

8. Reporting Procedures Remove reference to all Bid Solicitations as they did not result in 23.(b) Awards and included reference to the procurement processes from Section 14 through to Section 20.

Amended to remove the listing of Suppliers alphabetically. This change will accommodate the proposed new format of the quarterly reports.

9. Exceptions to Formal Amended to clarify the use of professional legal or related expert Schedule A Purchasing Process services. 5.(c)

101


Item: Summary: Section - "''' -- -

.. .impacted:-·.· 10. Bid Irregularities Amended to enable the Region to confirm the validity of a Bid. Schedule "8"

Amended to clarify the Bid documentation which require signature.

Amended to reject Bids missinQ Form of Quotations. 11. Purchasing and Amended roles have been updated to reflect current positions of signing Schedule "C"

Execution Authority and execution authorities. 12. Housekeeping Amended Commissioner of Corporate Services to Commissioner of Where

Corporate Services/Treasurer. applicable

Amended Purchasing Manager to Director of Procurement and Strategic Acquisitions.

Amended Purchasing Services to Procurement and Strategic Acquisitions.

Amended Legal Services to Legal and Court Services.

Amended Purchasing process to Bid Solicitation process.

Added Disposal within statements made to 'Purchase of Goods/Services'.

102

Appendix B

Proposed Revised Procurement By-law

103

BY-LAW #XX.XX

THE REGIONAL MUNICIPALITY OF NIAGARA

BY-LAW NO XXXX

BEING A BY-LAW TO DEFINE THE PROCUREMENT POLICIES AND PROCEDURES

FOR THE REGIONAL MUNICIPALITY OF NIAG.ARA.

AND TO REPEAL BY-LAW 56~%""""~

WHEREAS Section 271 (1) 3 of the Municipal Act, 2001~S.o."2"Q'.b~ ... c. 25, as amended, requires a municipality to adopt policies with resB~~t.t8~~Jts pu?8'~~§Jng of goods and

services; .. ,,~t/fft''~··· '"'~; "::~~~i~@;:,!;;;,.,, .

AND WHEREAS The Council of The Regiort~·~~Mhlnicip~litY of Niagar~··:~f3]f;-a·eemed it desirable to set out its policies with respect to the~~fil:r,gh§,~'e"&r:,Disposal ofl~'oods and/or Services in this By-law; ·c:'1~]f~~

Now therefore, The Council of The ~&reraal Municipal;·;j.~f~taga.ra enacts as follows:

PURPOSES, GOALS AND OBJECTl~~1Jl~7,. 1. The purposes, g9,~J§fil:!119 objectives::;~f,lhis By-l~W;and of each of the methods of

Purchasing ~.M1rorizea;:,~,~I~in are: -~E~:. p

...,:~-:_::.;;.~:'t,:;~: .. ,. ·~~'./~~;;'.:· ·:,;-:.,.

(a) to e~c~·~~~~~S~Y~~jl~~~~;:~'.~~i .. ~.~F:x;· (b) .• ££7AtQfuB.§.!:J[.f} ob]s%11¥ity a'llcrinte'@frty in the Purchasing process;

.;;ft.tr~· to e~,:~~~f~w~:~[~~een bidders;

.,.- 7,:aximiz'\ving~; taxpayers; (e) t6'..:Q.'.tf.~r a Vqd~ty of Purchasing methods, and to use the most appropriate

metfl"C?~~~~p~nding on the particular circumstances of the acquisition;

(f) to th~;~~ extent possible, to ensure openness, accountability and transparency while protecting the best interests of the Corporation and the taxpayers of The Regional Municipality of Niagara;

(g) to obtain the best value for the Corporation when procuring Goods and/or Services;

Page 1 of 37 104

BY-LAW #XX.XX (h) to avoid real and perceived conflicts between the interests of the

Corporation and those of the Corporation's employees and elected officials and to ensure compliance with the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended;

(i) to encourage the Purchase of Goods and/or Services with due regard to the preservation of the natural environment;

(j) to promote, and incorporate wherever possible in Purchasing activities of the Corporation, the requirements of the Ontarians with Disabilities Act, 2001, S.0. 2001, c. 32, as amended; .~4,~~~t~ffi~:E:~7,,

(k) to adhere to the code of ethics of the N9JI~ffftfls1:ostitute of Government Purchasing and the Purchasing Managem~Bt Ass~0~t~]on of Canada; and

."'1~1> w~;~.1 •1e~:;aEt~,,.

(I) to maintain timely and relevant poligL~S~~Atl· p;rocedur~§~~~~:~,

~.EFIN:::ON~n this by-law, ~- "~Y ~·~ "Associate Director" rff[1f.t:i§.,.an employeeff~)!he Gorporation holding the position of associate dire~f8r~1~~W@:~o;~,,., ":::;~~l!Ef.i;;;;:-

"Award" means authori:!11o~~·~:~~i~~i3?iea;;:;.~:~ the Purchase, sale or Disposal g£f,~Q:Q:~§ and/or Se'~I~es from qf;ffo a chosen Supplier;

"BidJ..!£~~.~ns ·:~~\ler or sub~l~§.iOQ fro~ a Supplier in response to a Bid SolicitaH8:~~'YYhich,§.t§.ubject to ac~e'ptance or rejection by the Corporation;

"'~q~~¥~§1~~~-· ,.;$?~lt~~~~~f&~~!fil::~~~'-·······•M~;;~ '"~::::grijjj];~Approv~f~t~.f.{ep·;;r!f7i:~~ffi~ans a completed Purchase Requisition,

.~s~?" ExpEfria'.~t~;~~- Adtfif~J;J?ation, or Council Report, which authorizes the ,~§~§"" purchase~€2!t~~oods§IaE~lbr Services and is executed by the Purchasing

"~~ ""s5.~FJ~.. Authorities";~i's~:set out2lfZ Schedule "C"· ~:~:~:~;~~:;i~ ~s~J&11 ::::~ '

.,.,~::.~~~~~~.... ·~~;;;·~~.:: ... "':~~~~:at~ Deposit~! means the form of security required by the terms and C'o~Iituons Qf~Bid Solicitations to guarantee that the successful Supplier ente"r~:filD1Q,;~:a, Contract with the Corporation, as required by Section 26 of this sy~:1~aw·

,~~:;~r I

"Bid Solicitation" means a formal request for Bids including an Informal Quotation, Request for Quotation, Request for Pre-Qualification, Request for Tender, Request for Proposal or Request for Expression of Interest;

"Budget" means the budget or portion of the budget approved by Council;

"Chair" means the Chair of the Corporation or his or her designate;

Page 2 of 37 105

BY-LAW #XX.XX "Chief Administrative Officer" or "CAO" means the Chief· Administrative Officer of the Corporation, his or her Designate or any successor position thereto;

"Clerk" means the Clerk of the Corporation or his or her designate;

"Commissioner" means the Commissioner of a Department, his or her Designate or any successor position thereto;

"Compliant Bid" means a Bid that meets the terru.§. and conditions of the Bid Solicitation and this By-law; _,,r&iff:¥f:.l-;;.:;~,~

"Conflict of Interest" means a situation wffi~:fef:a, personal, business or other Interest of an elected or appointed ottTtial, 6ftfcer or employee of the Corporation is, or can be reasonably.,:~o.~,. ~~_rceived~:t~~Qe, in conflict with the interests of the Corporation, and:sfn1;'[Lf~res, but is nO'f!J[!jjn,tted to:

~";~ ·~~ ~\~~~}~¥~a::;~~ "~ (i) the giving or receiving:~-::s:rg:~;,.,direcff:QJ indirect pe'f~g~'al gain or

benefit, or a direct or indirect:f~~Q:¥EIJ1.rfg:gc;qr privilege, t;>y any person or business that offers Goods a'n9.~&:~.services to the Corporation;

'~".:.Y!.1'. ·~~~~E~?~m

(ii) a direct or indir'Ei:~!~tm~~,rest in any."'15~;~12.es~ that provides Goods and/or Services to"Ctf.ie£©:o:~i;>.oration; "'::~,S;~~::"·

(iii) a conflict of interesi\.§ ·::;~~§~~f~~tb~iJu~icipal Conflict of Interest ~~~:~:o:~~~~~~i~~}~ '"J.Sf ~" :;§::·

(iv) .j~~sf~~1~g~rnflic{t,Q.l interest ~~?.;:,de.fined in the Corporation's Code of EtHT9~~f.Con.J!l£tof Interest ~9ifCy #C3.C20, as may be amended;

·~~:~~~~dffe~~~-S:~;:'§~::~;i;~;:~~.;m.,wn1o>Mnii~'£/!f·"' ,~s;~~~t~'~h,'s;~ructi6~is~roeans~;.:;§£&~~1fstruction, reconstruction, demolition, repair

,;;;~§'i: or rfrfl~~ijlion of~tt1Jilding, structure or other engineering or architectural ... .;=~~L work an~I~Jffl;c.lude·~~f.filt~;:;~preparation, excavation, drilling, soil or seismic

.;:'-·· .. ::~~¥£:.:,, investigati611!~j~~the s@3-ply of products and materials and the supply of ·c,;:;1¥~t€tquipment ~~]id m·achinery incidental to the construction, and the

~~1'lg~§l?llation ~:mo repair of fixtures of a building, structure or other

efig!_~~~;~:.~:~J,Bf architectural work;

"Contfi!~t'' means a binding agreement between two or more parties that create{an obligation to provide or sell goods or perform services;

"Corporation" means The Regional Municipality of Niagara;

"Council" means The Council of The Regional Municipality of Niagara;

"Department" means any Department of the Corporation including any division within a Department;

"Department Commissioner" means the Commissioner of the

Page 3 of 37 106

BY-LAW #XX.XX Department making the Purchase.

"Department Representative" means a position authorized in writing by the CAO or Department Commissioner for the Purchase and Disposal of Goods and/or Services up to the value of their prescribed signing authority and which written authorization must be filed with the Director of Procurement and Strategic Acquisitions;

"Designate" means a person authorized in writing to act on behalf of another during his or her absence, which written Ja.\Jthorization has been filed with the Director of Procurement and Str91~:~r&~Y;~cquisitions; only a person holding a position no lower tharh~rg§:ne level below in the Corporation's reporting structure may be ~~g'crfl~~~~~ act as a Designate;

"Director" means the director of a diy!~j9,rl"W.ithin a,7~~~Jlrtment, his or her Designate or any successor positioo3frfereto; ·~::fJ3fu:::"

. -... . --· ,;//;_~;,~ ";11~~~f~~

"Director of Legal and Court,;st~J.g,es" m;:;~~1ns the Dire~f§~i@JoLegal and Court Services of the Corporation,""11I~t'9J g§r~:G~signate or ;;iny successor

position thereto; ., .. ~.. ,,~~~~~

"Disability" or "DisabT(ll1~.~~'.~ shall have fff~~,gme. meaning as set out in the Ontarians with Disiii~JJ/fle~t~~gf, 2001, C5rl,ilit~ll1f successor legislation thereto; ''fli~h ""~]i§:i§~!;~~-·-" J,:::·

-:;;.;~, .-r:.·.~·.. '""in'f~-:!;::.~'F.~~;.;;:~

"DisposaH!;:€'ffieans the sellfng~lrading ey:~'§"signment and/or scrapping of S I .:.,i.~';';!"""-"t''::'.Sfil¥{~:;. ·::zs~ ' .. :.·

urp ~§,;t'sse s, ~,,;:;,~: ·~

"Fai;'I~~~R~t val.:'. means th~;~''f.fce that would be agreed to in an open and unre~ff:J'.Qt§.9-;;~ffl:aj[~t~d?~-~€en knowledgeable and willing parties

.:::~S:a~i1}n~h~ .. at ar.Fff~:§t. lengm~~\wf:fi:r are fully informed and not under any '~~;,'i;~c· com"~ur~li>n to tf~:'fii's:act'

... :i:~f ·~:,~~~;~ m;;~~'.2~L~::.,: ,, .. : .. ~;;;gti@;~,, "Fairness~:::i~~lmitor'~ff{~ans an independent third party to observe all or

'';;;~~gg,?lrt of a Bicf~§plicitalion process and provide related feedback on fairness ~;;:;issues· ::,~:;:~;·

. \;'{~1~~ .. :.~ ~:~r "Fo'Fi!!!L§.itf Process" means the process for receipt of Bids, as outlined In Sec~f?ri"21;

"Goods" means, in relation to procurement, moveable property (including the costs of installing, operating, maintaining or manufacturing such moveable property), including raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract;

"In House Bid" means a Bid made by one or more employees of the Corporation, which process has been authorized by Council, submitted in

Page 4 of 37 107

BY-LAW #XXXX response to a Bid Solicitation, where the provision of the Goods and/or Services will be provided by the employees of the Corporation;

"Lobbying" means the advocacy of an interest that is affected, actually or potentially by the Bid Solicitation process or individuals involved in the Bid Solicitation process including seeking to influence the outcome of the Bid Solicitation process or subsequent Award.

"Lowest Compliant Bid" means the Compliant Bid that would provide the Corporation with the desired Goods and/or S~:~~~~~~~ at the lowest cost;

"Manager" means an employee of the Corp<?~g~~~>n hofding the position of manager· .. : .. ~s~:2::;__

' _,,;#f' ··:~::~::~<

"Negotiation" means a purchasing !],Jjtbpa~:o~here8y%Ifu§,. Corporation may negotiate directly with one or mor.§:i}~Suppliers with th"e'~i)2'J~nt to award a

· Ccfnttacror exte"i1d an existing Cociffact; ·;~;~bs~;;... ·~ ~;#.~%~~~.. ~~ ·~~.~g~~~~~~:."

"Procurement and Strategi-~ A61;]1§ittg~'g;.~';._means thaf1?7part of the

Corporate Services Department ana~~ify person with the delegated authority under Section~:~.: .. ( d) of this sy:rt~~~~~esponsible for the Purchase and Disposal of all Gooq;§]§.og/or Services"~f~§;1be 9,orporation and for the administration of this By-l'['wc~:::;~~',= '·~Tut?:i:~~:&w

''.~Jfr:.1

~-,~~~~;~gf~~1~2£;c:"' JffF' "Professional Services" meansi?'ffi§[~'.?:~;s:eJ~lces requiring the skills of professioJ:tfil~jijf~:rr::~.~ defined s€[&f'ge requir~tffent including but not limited to,

,;,±*~:·'"' ·~ .. ~;~:::l:~ 1~~1~ -:· (i) ./~~i~~ggitects~::~~pgineers, d"e'.~jg~ers, surveyors, geoscientists, project

ma:mmers,&,fLJir1ancial co"f:j~tiltants, auditors, accountants, and

c::'.;##1~.~W§~'.~~;;~:~=-edlq~1~~~~f~S:~1g;0~;~~i~~~·~n as doctors, dentists and lawyers;

"'"' (ii) ·~::;;tft[n,§. d'fii~~J,gdividuals having specialized competence in ·-···, erWitoDmen'taJ;~pJ.ahning or similar disciplines; and,

~1.(i!i) so~ cortfu:ants and any other persons providing similar

-~~€~:::-~ servic~J~ "Put~fi~~"~~~(?"'means to acquire Goods and Services by purchase, rental, lease o[lffade, including Construction;

"Purchase Order" means a written confirmation of the Purchase of Goods and/or Services at a specific· cost. ;

"Purchase Requisition" means a request for Goods and/or Services for which the Budget has been approved, prepared by a Department and sent to the Procurement and Strategic Acquisitions;

"Purchasing" means the process for obtaining Goods and/or Services;

Page 5 of 37 108

BY-LAW#XXXX "Quotation" means a binding statement of price, terms of sale and description of Goods and/or Services offered by a Supplier;

"Request for Expression of Interest" or "RFEOI" means a public request made by the Corporation seeking responses from potential Suppliers for the purposes of compiling a list of Suppliers who may be interested in providing Goods and/or Services to the Corporation from time to time. Receipt of an expression of interest by the Corporation does not create any obligation between the potential Supplier and the Corporation, but may be a precondition to qualifying for subs§,guent Bid Solicitations issued by the Corporation; .~::Ei~;;:.:~:"~ ..

·-~~

"Request for Pre-Qualification" or "RFPJ:ni;'r~;f\:e:ans a public request by the Corporation seeking submissions outlfiling t~:~~:experience, financial strength, education, background an,QJ.E§.!gliificant ·P~~t.§g~nel of potential Suppliers who may, from time to Jime,·qualify to sUfJ.~1M. Goods and/or Services to the Corporation; .. ii!. ., "'i;2~~~~::~. .~

. .i;;i;'.'.P.~~2;.~~"'. ~~". m~~-E~~r

"Request for Proposal" or "RFP7j~~[i~~§l'l.§§~~;;p·4blic request+Sfor proposals by the Corporation made in accorda'fi'Oe§with Section 16 of this By-law, seeking proposals to Sl:IJ;21?1Y Goods and7'6:(~S~rvices which may or may not result in an Award by th'e~~;gn[29ration; .. ~~~~~:~, ·"*

~~~;·:~::;~~~Efa:;~~- ~~;,~€gg~

"Request for Quotation;·;;¥12r ''"RF~~~;fil?;,~ans ~~request for Quotations by the Corporation for the prgyisjgli' a·f;;:~§~9£is and/or Services made in accorda~,9'.~;~J&Q~r:§.ection 14 c3t~~Rfs By-la~]?;::·

.:.;,;:r "'"'.~~~:~~;.::;;;,. ";~~ -

"Reg({~~t.for r'i~~er" or "R~~!~. r'!leans a public request for Tenders by the Corp0:ration n:i'aoe in accorda~nc;e with Section 15 of this By-law;

·~~1~~f::~:~ ,.i.?rE§~'§~i~~~~-~~.~-,~- .~~i?'# , "n>l'»'Ml"""'".lt1"" ""«~l".';°"'''·"'~·'l\"-ii'-W'"·"""·"-''ffi\\\'"1;""'~'1'>"--'

,.~~£~i~;§~~f¥!!2~.~" ~ffi~~JlS inrntt'gl'~rif' products that do not have a physical ,. .. :~ff"C' preseneet~.~nd i?i~{~1;Les Professional Services. No transfer of possession

_;~~~, or ownef§tffP:. take·s:r:f~i~~er when services are sold, and they: ( 1) cannot be ~ ....... :;;-~:;2'~\:,, stored or T~~~h.sportefaf'r;"(2) are instantly perishable; and (3) come into

":~~;~~!~~~~'~tence at~t~~ time"they are bought and consumed;

''STr[gJ,e S<>,;~fCe" means the non-competitive procurement process to acq0Tffi:::!29.ods and/or Services from a specific supplier even though there may t)§]f¥fore than one Supplier capable of delivery of the same Goods and/or-!Services;

"Sole Source" means there is only one source of the Goods and/or Services that meets the requirements of the Corporation;

"Special Circumstance" means:

(i) an event that is exceptional or could not be foreseen and is likely to pose a threat to the health, safety or welfare of the public;

Page 6 of 37 109

BY-LAW #XX.XX (ii) an event that, unless immediately addressed, is likely to cause

significant loss or damage to property;

(b)

(iii)

(iv)

an event that has disrupted any essential service that needs to be re-established without delay; or

an emergency as defined In the Emergency Management Act, R.S.O. 1990, c. E.8, as amended, or any successor legislation thereto;

"Specialized Services" means those services.;:::efte~uirlng the skills of trades including, but not limited to electrical, me.6ii~nf8'al, drywall, painting, HVAC, roofing, plumbing, electronics, and~g~:e'l~~~~;'.

"Substantive Objection" means a. Written ··:::n~je.ction provided to Procurement and Strategic Acquisitio,a:§itfr;olil a Sup'pfLet:;,with respect to a

Bid Solicitation giving specific r~~~f~ for th"~ objection;·~~~f~i~1;;~~~

"Supplier" means any individu.al:if~q~;£.>rgaoI~e.~on offering ~~'.oods and/or Services including but not limited to ~60]!!;enfors··;··consultants; vendors and service organizations; ":"il~r~~···

~~gE~~:..~ . "''?;.~~~~ "Surplus Assets" mean~~~Jil.Qds, stocks "~t)].;d21her assets, which are obsolete, damaged or su~P,lu~fa'~i§at~J>epartmef'@}ts~ needs"

~~~~·~- ·~~~!~~~T6~e~;.-...... ~~ !~~ "Tender" rue.ans a written d"etaifed offtrri[f?(}ffi a Supplier to supply Goods and/or $.J;fi'Vi'S~~~fg;Jhe Corpof~1[on; 1~':·

Schea:~~~;;~", :;~\nd "C" att~;d~~Jt:;hereto form part of this By-law.

Page 7 of 37 110

BY-LAW #XXXX APPLICATION

3. (a) The policies and procedures outlined in this By-law, including all of the purposes, goals and objectives of Section 1 hereof, shall be followed for the Purchase of all Goods and/or Services by the Corporation or any of its officers, servants and employees.

(b) The Methods of Purchasing set out in Sections 1 O to 21, and the Reporting Procedures set out in Section 23, shall not apply to the Purchase and Disposal of those Goods and Serviq§~~ outlined in Schedule "A". ..~i!§tt.~s~,::":::s~\_

(c) This provision provides authority for the P1Jr¢h'~~~m~9f Goods and Services outlined in Schedule "A" as long as the fun'gJng is·:;,aY:~iLable in the Budget.

~;~;,:,, ··~::.~... ·r~~~t7~~~;.;~

(d) Any Contracts necessary to comgJet~~~the, Purchas~;~~.t Goods and/or Services outlined in Schedule .~fi/" shall be signed by'rif§'.§.~ aRpropriate Document Execution Authoritw~f5'fE:~£Jngle Se.urce" as set 6611§Jl~Schedule "C", up to the prescribed limits provial~~~~#;§~'!i~:~"";. }:;;.·

(i) the Contract has been::::Rrepared in a iCiff!s§,atisfactory to the Director of Legal and Court Servic~~£::~~~ -~~;~';~ ~

~~#b~~~~1~:5~~ .. ~. ~~i.~~E~s:::~·

(ii) any financial securities a'R:d in~~tif:gfu:ee. requiricJ: under the Contract are satisfactory to the Director af±;Legar~~fia~~G,.antfServices; and

(iii) fundinmJ~~~~~i~~~in the B~J~~~: .,,~:J~":' RESPONSIBILITlti~1Jo Aui~(ORITIES ~~~2~: 4. (a),§fifEf~orn~~:~~ Services/Treasurer shall have all the

A::> nece§§~@::;.~utt1.6"ffi1&;:..to administer this By-law and to carry out his or her .£~~s~~. duties ort~~~h!.alf of~fi\l~e::.Qorporation.

... -~~f.~~!~erocurem~~;f§;nd st~f!:~gic Acquisitions is responsible for and shall have

·~;t~~~i~.thorit~t!J:: (i) "::2~;f~~~:9Tfe or dispose of Goods and/or Services;

(ii) ::call, receive, open and review Bids;

(iii) establish administrative procedures and policies for the implementation of this By-law;

(iv) establish, through consultation with the Director of Legal and Court Services, standards for Bid Solicitations, Purchase Orders, Contracts and other documents;

(v) establish, through consultation with the user Department and

Page 8 of 37 111

BY-LAW #XXXX Director of Legal and Court Services, the terms and conditions of Bid Solicitations;

(vi) provide guidelines on procurement policies and procedures and the structure, format and general content of Bid Solicitations;

(vii) review proposed Bid Solicitations to ensure clarity, reasonableness and quality and advise staff of suggested improvements;

(viii) establish, through consultation with the Diregtpr of Finance, policies and procedures to support the Corporgtl~1!~ •• Purchasing Card

Policy #C3.P05, as may be amende~d~J~~f;J,;:;'.m (ix) act on behalf of the Corporatiotf~ffhe "N'lagara Regional Police

Services Board, and from timeJo;,tirtl~, other~~:grds and agencies, for the purposes of the Pur.6ffas~" or Dispos'gF\['2t Goods and/or

Services; .. ,£?ff~:~:, ··:~1!~~~~l~!ff~:::l (x) ensure open, fair and lm~~ffThtl:JJkmBR!asjng process.~;- for Goods

and/or Services which could ·rnut&ae the services of a Fairness Monitor; ·~·~··~ ··~::;;:~§.~~.

·~~~:.~:;~,,,,, ·.-~~~]~~·)..

(xi) ensure compliance:~wlfttftfuls .. By-law ana~s~'a:v.ise the Commissioner of Corporate Services~rea"S"tir~E~.8..e.n ther~?~Flas been non-compliance. The Commissioner ''~bf Q$5;f p'6i'1i1~~§~rvices/Treasurer shall take aRpJ:.o:f[~;~t~, action to aq;gf~ss and ~o/f'fect any non-compliance;

(xii) ,,.:::~~~~f:}lop .... ~~~~operative ·~~:"-!rchasin~ plans with other units of g·o~~rnmer:ff~QL their agerigLe~§- or public authorities, where deemed

_ beneffoiatfo~ffi'e§:©Ji>:r:por.atioii; and

d?"'0~~@_gi~qi_o~~!:::;i!iion of Goods and/or Services, where such .;:;lggg;~ stalIG'.ardizatl8'~;~!;iemonstrably supports the purposes, goals and

,:"""";~~~~~';:~ obje'Q{!£~s of tlflrs~Bywlaw. ~::~~2~t~ -~ifi:~ __ z ..

(c) ·~;i~fu& Director~~f Procurement and Strategic Acquisitions, with the written a'p'pfo:val of 1£~the Commissioner of Corporate Services/Treasurer, may dei€gat~:.tJ0~;7·~m employee or employees, all or part of the authority in Subse~Il5fl 4(b) above, which authority may be limited to a particular type of GooHs and/or Services.

(d) The CAO or Department Commissioner shall appoint in writing, Department Representatives who shall be responsible for the Purchasing of Goods and/or Services and oversight up to the value of their prescribed authority in accordance with Section 4 (e);

Page 9 of 37 112

BY-LAW #XX.XX (e) Department Representatives will also have the following specific

responsibilities:

(i) ensuring that all Contract terms and conditions comply with the Bid Solicitation;

(ii) preparing and approving all specifications and terms of reference in consultation with Procurement and Strategic Acquisitions;

(iii) managing Contracts to ensure Goods and/o.r;,,Services are received by the Corporation and comply with Contr.a:~f2t~nns and conditions;

(iv) monitoring all Contract expenditures aJl~Kensuring that all financial limitations have been complied with,,:i:}1id'sa{h9J all accounts are paid within the times set out in the Contrifet· .,,~§ff:r.~

,...,..., ' ·nm_.,.._,~,,..._

(v) monitoring the performance q{f(IT~'p;;~"rs; "'"::~~~~12~. ~~2~~~·· ~ ~·~~~~~~~:~ ~~

(vi) standardizing the use.:~'c3¥~'.~.oods arad/or Services:;;:,~ffere such standardization demonstra8fY:[~§JJPP~Q~fi§;;,;,1he purposes; goals and objectives of this By-law; and "~~r~~"

~\"ti. -~;.:~\~·~;'*

(vii) ensuring that ail'~i~.Q,SQQ.~ and/or S~~~~~!?. P!;Jrchased or Disposed have been receivs:~:::ati~fkt~ggrding recel·~~?Jtfthe form prescribed by

Procurement and Sl~~~.eg~~~~i~~~~~·~JF~ REQUIREMENT FOR Al?:RRClYED FUNos~~:tE~' ~~~gi'':"'

~~:;?~1lh'"'~'-';;!~~~!~\ ~~~ +~~·-

5. (a) The.i&xei:cise cit~I~authority t6:~:award a Contract is subject to the identific1fHQ.o., andl@~yailability of~s-lli'fficient funds in appropriate accounts '!.:'lt~).n the B;CE~.~~f!~f,~:§~~~+~~~::::::::::;:;;,,~~~:~'~·

.~-:;~~~+.;~~g~ff~~~~:~~-:~: .. .,. =~~:.;~s~~ '\'· ~·=~;~~~~?'<T (tJ..1'.::"'- Whef~~~KG.J~,gds "~111.B!tar Services are routinely purchased or leased on a

.. :::i.f:\i§;" multi-yeaE~ti~sis, tne'.se~e.feise of authority to award a Contract is subject to

o:·w.~.~~~f~~1;:~:~e followin,1¥9; Jfl'" ·:tii(ii)~b,. the ideJ)tification and availability of sufficient funds in appropriate

,.,~:~¥~~~f~~~~~~~~pfs for the current year within the Budget;

(ii) ~~~'.6:~:~' Goods and/or Services will continue to be required in :subsequent years and, in the opinion of the Commissioner of Corporate Services/Treasurer, the required funding can reasonably be expected to be made available; and

(iii) the Contract includes a provision that the supply of Goods and/or Services in subsequent years is subject to the approval by Council of the Budget estimates to meet the proposed expenditures.

Page 10 of 37 113

BY-LAW #XX.XX TRADE AGREEMENTS

6. (a) Purchasing by the Corporation may be subject to the provisions of trade agreements.

(b) Where an applicable trade agreement supersedes and is in conflict with this By-law, the trade agreement shall take precedence.

(c) Procurement and Strategic Acquisitions shall advise the appropriate Department Commissioner when a Purchase may not conform to an applicable trade agreement as early as pos5.:~~~~Trn~~4he Bid Solicitation

ADVERTISIN:::•:ID SOLICITATIONS ·=~"",\,o, 7. (a) Purchases exceeding $100,000 for.~~~~gas:~:nd/or s~~~.s and $250,000

for Construction shall, as a minlmt:iffi, be adyertised: .,:·:~~fi~~~~,_ ,.

(i)

(ii)

~~£~~~E~~A ~],%::~ ~~:;~~~?f~' on the website for the Corp5~~1i~m . .atfa7or a website;guthorized by Procurement and Strategic Ac~Wl~Ilfons for posting bid calls, from the date that the:J3id Solicitation "'1$\Sissued up to and including the date on which th~~l3TchSolicitation clo~;~s:;.and/or

one time, at le~1;~'§;~~~~~g~7.::), cal~l~;?:ays before the Bid Solicitation closes, irlt~a lo"eifffi~W~J~:aper that has a daily circulation wittltf:igffi~~:~Begional MO":tJJ:~lpality of]IY~gara.

,,,.;::::""' :.,,!;~:::.';::_;,~~~ ~~:;r~. '":'~

(b) Any ~;rJ&~~.on invdf~~d in Purc~~§es may advertise Purchases for lesser amount~~iil:f~b§ or §[~_determines;~tRift it is in the Corporation's best interest

.,,.~~?-9..?.~.~o. '":~;~~gi~:;~~";"'.Sfilif%)!.~~'.§"t;~~~J;::S:~/'~'" (~yt,f:"?E'~~'S~1t~n.a;'"'l~~~J1isin~·,,;::~:quired for Purchases where bidders have

;:;;~~~~~ been pre'V!i~~ly pr~~~l~aJi'fied in accordance with this By-law.

::~ ~'~~f£~4]~~Advertisin~:;;11t9ot ref~~;-~ed for services that may be provided only by any ··;2;o:t~:;U1e following licensed professionals: medical doctors, dentists, nurses,

p'ff~rrtn.acists)f;?' veterinarians, engineers, land surveyors, architects, acc'6q~:~~:!S';'"1awyers, paralegals and notaries.

PURCHASING DOCUMENTATION

8. (a) The use of standard Bid documents shall be approved by Procurement and Strategic Acquisitions and/or Legal and Court Services.

(b) A Bid Solicitation may specify a specific product or brand name to ensure consistency, to minimize risk to the Corporation, or for other valid purposes.

(c) All changes to standard Bid Solicitations and Contracts shall be reviewed

Page 11 of 37 114

BY-LAW#XXXX and approved by the Director of Legal and Court Services.

(d) Before issuance, all Bid Solicitations shall be reviewed by Procurement and Strategic Acquisitions.

METHODS OF PURCHASING

9. (a) Any person Purchasing or Disposing Goods and/or Services on behalf of the Corporation shall do so using one of the following methods of Purchasing set out in Sections 10 to 20 (''Method~~.,of Purchasing 11

). The methods may be utilized individually or in comgJ,~%rtlbo. with one another,

as may be appropriate in the circumstance~:;a~~t[;;,"

(b) All Methods of Purchasing, except for th8":~xemptlQG.l;tin Schedule "A" and Low Value Purchases, shall be c9ci:d.udt~d thr2fci']l.t:L or reviewed by Procurement and Strategic Acquisitl§nK"'"':::;~~.~ '\"J?£@!~~: ...

REQUEST FOR PRE-QUALIFICATION ~ }:"'" ~ 10. (a) Procurement and Strategic Acquisit~~~~1~~~~~ ~~nduct a R~~uest for Pre

Qualification to develo~;.a list of Supplie.ffin~IJ.at may be eligible to submit a Bid on subsequent Bid'i~~~lio!t9tions or to "a~i~Jpp a roster in accordance

with Section 20. ~~;:~?~~~~~~;;;,,,,. ·;;:;~Jf§~;;?'

(b) Pre-quali~~r:~~~~~2i::ay be coH~3~~"~J.~a7wlh:;;:t"h!~~~UoWing circumstances:

(i) tn§;·~ wo'fi{fjf~ill requlre;;~substanti~ project management by the ·"i;;f~qtporatioT;i:s~nd could re'sult in substantial cost to the Corporation if . m·e~2;;~ppli~f~J§J:iot approp~~t~Ty experienced;

,c;;$§~~t1t)f~E~48.~ .. ci,~~~::~:~~~Y9~i~§'.~:~f~:·s to be purchased must meet national

~ElSf~~;"" 4

'"!;~s:~rJ:~:~t~R~~~~~~~;, .::w·~~f~}Li:;... (iii) the ''W,'~~k invo}ves complex, multi-disciplinary activities, specialized

":"~4~~~;;.. expeiI~· equ'ipment, materials or financial requirements;

(f~~E§';:: .. misce.ff~neous repairs and services as required by the Corporation ··,s-~~J~~f~p'.;:~·s plumbers, electricians, and drywall contractors;

(v) -~ffiere could be substantial impact on the Corporation's operations if the work is not satisfactorily performed the first time; or

(vi) any other circumstances deemed appropriate by the Director of Procurement and Strategic Acquisitions.

(c) An RFPQ shall be provided to the potential Suppliers setting out the criteria for pre-qualification which may include, but are not limited to:

(i) experience on similar work (firm and staff assigned);

Page 12 of 37 115

BY-LAW#XXXX

(ii) references provided from other customers for similar work;

(iii) verification of applicable licences and certificates;

(iv) health and safety policies and staff training; and

(v) financial capability

(d) Supplier submissions will be evaluated and ranke.d and a short list of pre-qualified Suppliers will be invited to participata~lfi~!tf:ie second step of the two-step Purchasing process, being a Requ!~~t Pro.posal or a Request

for Tender. .if.§?-' ";;2~l~sf~~ .. ( e) An RFPQ is not a legal offer but only,;;:;f~n "t~yitationEfqn~.§uppliers to make

offers to the Corporation. ,;;,4:!S:::.""""'*··~. "'':~~!lfu::c .. ~~~!~7·f -~~.,,.

(f) All RFPQ's shall be conducted~4~~~p~prdan~~::;~ith submi~.i~g~lii~tructions

REQUEST F:::0

x:::::~:::::;:~:::~~;-caw. " ~~;2~~;~~'"" r;~~~~~

11. Procurement and Strategic AcCf&J~rtf[fu~~t::!llaY condlili'~~~pRequest for Expression of Interest for the purpose of detetmiriTffgE[~;~:~~yailabUJty of Suppliers and for the purpose of compilif2~ a list of Suf?.pli~.~s:.'' atrCJ;~~!!!e:y:~"be used as a specific precondition of any .Mstlj:~'9!.,of Purchasi(lg?~i.Jtilized b~;the Corporation. The receipt of an expressio_gg;5ri'nf~f.g§s_ by the C5Q,(poration .... does not create any obligation between the:·polential Sup;plier and the?~~Corporation.

LOW VALUE PU ~C~~~~S:""'~~~§§:FE~~~"":;;_ ..... .... M,J~!?: (UP TO $10"'0~QO~E%:CLUDl~~~":TAX-ES}:~:::i~:d::;::T

_-:::f;;il·- .- -.... ± •. ;;;.ii:';%~~~~~-- . "o~~i;~~~;, -·":'~:"

12. .::.~d:Igpartment R~p(~~~~ntati9~.S!l\aEe' authorized to procure Goods and/or Services up .'.:" .,t0:~~.§!;;Jotal value ""&1zl%~1 O,OQ~~r excluding taxes. Only purchases that can be

demO:fustrated to '§:aye b€ien made at Fair Market Value shall be made. Depafff:D:$.nt Repre~~ntatives may procure Goods and/or Services through the

followina:~~~~~~,~~.df.~~:::;/ (a) Purch~~§lf\9 Card used in strict accordance with the Purchasing Card

Policy:'.;'· as determined by the Commissioner of Corporate Services/Treasurer;

(b) Purchase Order to the Supplier; or

(c) direct invoice from the Supplier approved and signed by the Department Representative or Designate with authority to approve the purchase.

INFORMAL QUOTATIONS (PURCHASES GREATER THAN $10,000 AND NOT EXCEEDING $25,000

Page 13 of 37 116

BY-LAW#XXXX EXCLUDING TAXES)

13. (a) For purchases with a total value greater than $10,000 and not exceeding $25,000, excluding taxes, an Informal Quotation method shall be utilized. If possible, at least three (3) written Quotations shall be solicited, analyzed and the results tabulated by either Procurement and Strategic Acquisitions or the Department Representative. Quotations received shall be evaluated on price and the criteria outlined in the quotation request to determine the preferred Supplier.

(b) The Purchase Requisition shall be prepan~ .. a~:=fa¥ the Department Representative, for signature and approv~ll;fls[n accordance with the Purchasing Authorities set out in Schedule '°~~~~2¥~~~~§~~~~.

(c) The Department Representative shgJ1iS:to.rwg:ird ttl@'~§P,proved Purchase Requisition complete with copies.;£~&r~l'ffe Informal .. ~~g1?tion and the suDmitted Quotations to Procurement and Strategic ··Ag]lyisitLons and request that Procurement and Sff~:fijgjc Acqutsitions reviewS'f~[;'&6mpliance and issue a Purchase Order to the p:f~~f[~~ef.SUpplier. ,lF'

(d) Procurement and StratE3,;gj~ Acquisitions sRID.!~J,ssue a Purchase Order when it has received all appr5\7§1s.~and documenfs1J:rrequired by the Request for Informal Quotation and SG~~~~tj~J:bl3(a) of thf§~~~~l~w.

REQUEST FOR QUOTATION .,~~.~~. -·~:~~~Eb~£:~£~~~~;;;;m~:, i~,;· (PURCHASES GRE~!§J~'.2§:!.HAN $2Sj7.o,efo'" AN1i"]~OT EXCEEDING $100,000 EXCLUDING T AXE§.),fF.. --~~e,. ·~~;. ·:· 14. (a) For j:,;~~r§~[~~s JTu ... a total val~~\l~feater than $25,000 and not exceeding

$JQO,OOO, ~;;;~9.ly,dlri~~ll~&.§§.1;;;;;,,9;;;0R'equest for Quotation may be used to .:;~?Jti8:a[§fu:g§~ anWf~b,~11 be lss~a~Efa'ir6y Procurement and Strategic Acquisitions.

~/::ft~ ~:~~r.:~~~.~~*- ·~~~~g~§:;... ' Af.~iif) The DepaEfment ·~:;;~P'.mJnissioner or Department Representative shall

.. ;:· ~~t~f@ifo.. provide to ~R;f'Q'51urem~~ttf and Strategic Acquisitions the relevant information '"."::!f.§n§J.Jch as s~~~ificatfons, provisions, plans and supplemental general

~:.~4~~~~~;.ions f~;~the purchase.

(c) Pro'8T1[eme:nf and Strategic Acquisitions shall conduct the Bid Solicitation using ··~.~Ji§t of Suppliers compiled by the Department Representative and Procurement and Strategic Acquisitions.

(d) lf possible, at least three (3) Quotations shall be solicited by Procurement and Strategic Acquisitions, analyzed and the results tabulated.

(e) All RFQ's shall be conducted by Procurement and Strategic Acquisitions in accordance with Section 21.

(f) Any Bid irregularities shall be dealt with in accordance with Schedule "B".

(g) Bids received shall be analyzed and evaluated by the Department

Page 14 of 37 117

BY-LAW #XX.XX Representative and Procurement and Strategic Acquisitions using the criteria outlined in the Bid Solicitation.

(h) Where an award is recommended, the Bid Approval Report will be prepared by Procurement and Strategic Acquisitions or the Department Representative, for signature and approval in accordance with the Purchasing Authorities set out in Schedule "C".

REQUEST FOR TENDER (PURCHASES GREATER THAN $100,000 EXCLUDING T~~~J~~~"

15. (a) For purchases with a total value greater than~$:IT1~o,ooo~ excluding taxes, a Request for Tender shall be issued throu~ff;''Flr0.curement and Strategic Acquisitions provided that all of the followirfg~:5onditfijfl_~~"apply:

(i) two (2) or more sources a~§i:~'.&~:~~j~~~ed ca;~fi~~~l supplying the Goods and/or Services; ,,£.f/f. '"' "'~~-§:~:::;.. -~

(ii)

.~~2~~.~~.~ ;:;\t, "'::;~~::~~:~·

the Goods and/or Se~;~~~:~~~l~~~fal9,~~a~at.ely definedJ~~·permit the evaluation of Tenders against cre:~H~K defined criteria; and

(iii) it is intended th~Yi~l~~AbQY"est Com·;it~~J~!d '1ill be accepted. 'L~~°"\'.':;;~~:~:::2~~~..... -'\\::ffu1~E:~~~¢~~w

(b) The Department Comml~.§i~~~~~j~z;;:d2epartr:P€nt Representative shall provide to Procurement and\~§tr~:tf9Tlf~[Q1l!i.§itions the relevant information such as ,.,;;§p~J~lfJc.ations, pr8v.fsfons, pl~f:il~ and supplemental general cond~}~i~;~~"tor"tli~,urchase. ·::;~f~~- ,,.

(c) All FfFT1's~b.all be1:~onducted in ~~~8.rdance with Section 21.

(d)i?t~~IJ[g.er~s ~~~l1ru~~;~~~ffi~g~]TR1i~·:cordance with Section 7 except where a ... £~;;:;:" lisfof.g.'4e:h~::qualifte:~;~ Suppliers has been compiled in accordance with

~:f§~~. Section"~!~~~~:. "";%~~~~;§'.;:" - ·=:{~)~::,~Where an·~~~ff PQ ·~~~ previously been conducted, only pre-qualified

·~~:~[Suppliers sti:all be notified and Bids shall only be accepted from pre~~'~ilfalified Su :~;'1lers. q ·;:~~~s:~~, .~~~

(f) Any ··s'l~~~f~~gularities shall be dealt with in accordance with Schedule "B".

(g) The Bid Approval Report shall be prepared in accordance with Section 23.

Page 15 of 37 118

BY~LAW#XXXX

(h) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "C" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule "C".

REQUEST FOR PROPOSAL (PURCHASES GREATER THAN $10,000 EXCLUDING TAXES)

16. (a) A Request for Proposal shall be issued through Procurement and Strategic Acquisitions where the Method of Purchasing mee.ts one or more of the

following criteria: ,,,,;§f;~;ffe~c;,,~:,;.

(i) the Purchase is required as a r~,,§~ff~[<?L a particular problem, requirement or objective; .,~~fl ~r;~~~~:=

•"'- r..::;;.

(ii) the selection of the Supplier .dai@h~' more ~~~~stbe effectiveness of the proposed solution, ratff~r than the price alo·fi~~~,

• ~;9~S.t§~f]m~ '~7,;~\, ~'\~~~~~~ (iii) the precise Goods and/or ·s:~~lpes .• :~a~~r~~t.he specificqilffns therefor,

are not known or are not defin~[i[I~1a'f1d it 'is expected that Suppliers will further defin~Jhem. "''"''1'%~;~

(b) The Department Co~~~~(tin~r or D~=:~~~ent+" Representative shall provide to Procurement an~, sf P'ilt~~J§;~~s;quisitiQ~~ the relevant information such as specifications, pitovisi~fis;~~~1pla.e~.~:·and supplemental general conditionsJ0r:ithe Purchase. m:::~~, .. ~~~v ··":.qg§~"'

~~~~;~~~:~~~~~2s~~I l~~~~~~ e~i~:~M

(c) A R~.!:fifi'..~.s.t for P't°Q'R,osal may ba~reviewed by Regional Council before it is issu~d""'~~B:§,re, a]~the discretiofu.i§:6f the CAO and/or the Department Commissid'~~r.1 .. J.f1'~1i~:Qg;!;i~LE.t.JStlG>'r Services to be acquired meet one or

. .:::£f,f:j'(fre:;of the fofliiiwing crfferf§:¥:j]gS"

,__:'"~i;'~"'~~i;a~ii'fil§~(l,e. e:ceeding the CAO's execution authority of $5 .. :~~~~:::::~ .. ~ mi 11 i o:ey~~~g~ '~}~::,;·

·::::~i9(~J:;~1t:~ Signifi1,t public importance;

(iii) ;:;;~§~~~1?~fftant complexity or specialization;

(d) Procur~fuent and Strategic Acquisitions shall conduct the Bid Solicitation.

(e) RFPs may require Suppliers to submit a Bid in firmly sealed separate envelopes which shall contain technical, financial and other information as prescribed in the Bid Solicitation.

Page 16 of 37 119

BY-LAW#XXXX (f) All RFPs will be evaluated based on the evaluation criteria outlined in the

Bid Solicitation by an evaluation team which shall comprise of at least one Department Representatives and one representative from Procurement and Strategic Acquisitions.

(g) RFPs shall be conducted by Procurement and Strategic Acquisitions in accordance with Section 21.

(h) RFPs shall be advertised in accordance with Section 7, except where a list of pre-qualified Suppliers has been compiled in accordance with Section

1 0. ,£~!lf!F'~;;~"::v:..

(i) Any Bid irregularities shall be dealt with in.Jf~:Cff~~~~~ with Schedule "B".

(j) The Bid Approval Report shall be prep,.~.f:§.P~~in, accord:~~§!? with Section 23.

(k) All Purchases shall be authoriz~dti~~~-·,,::~ordance ;i~f.~If:te... Pyrchasing Authorities set out in Schedul,e::ffr~t:i:;and ai'll1Contracts sha'fi~{~~~"signed in

~~~ordance with the Document EX~,.:·.,·~·t'.··~·h·;,_:: •. :::,0,:-.rttl"e~. s set our'in Schedule

SPECIAL CIRCUMSTANCE PURCH~~'.~;,~::;,,_ ~:::~:;:::.. _ .. ~~~-- ""'~.;,-:;~=c.'7-:;:...... ~~~ES;"'

17. a) Purchases that are require~Jo7~s~Q:h:~.:~~tP a spj~fal Circumstance shall be authorized in accordance with S.e:FfeaU!e}fil!.f®.;~i1\ll such purchases must be reported JQ'E§.f:!(Q~urement a~§~i:::~~Hrategl"Q:~PAcquisitions on the following

bu si.~~:~~:~a y"~"~~~§l,t~~ ~~~\~~.. ,. ·~ b) Con'tracts~:~J:~.guir~~~"tq effect SP,!!nfal Circumstance purchases shall be

s.!gned in ~ieo0.rda'Fi'i1e)!~with:Ab.e.Jif6cument Execution Authorities set out in

,ff#~~~~;~"''"""'"·-~~· SINGIJfi,,,SQURCE PUR@MASES·.,.,"''"''''"""

18. --~\~.§id Solici;:as are!; required for Single Source Purchases, provided

~t~~~~~'~y of t~~tttollowing conditions apply:

(i) '".;;'¥:alb.e;:;;:,~~3mpatibility of a Purchase with existing equipment, product "'~t~hdards, facilities or service is a paramount consideration;

(ii) a Good or Service is Purchased for testing or trial use;

(iii) there is an absence of competition for technical reasons and the Goods and/or Services can only be supplied by a particular Supplier a Sole Source is being recommended;

Page 17 of 37 120

BY-LAW#XXXX (iv)

(v)

an unforeseeable situation of urgency exists and the Goods and/or Services cannot be obtained in time by means of open procurement procedures;

the Corporation has a rental contract with a purchase option and such purchase option is beneficial to the Corporation;

(vi) for matters involving security, police matters or confidential issues, in which case a Purchase may be made in a manner that protects the confidentiality of the Supplier or the CA~~~lon;

(vii) there are no bids in response to a Bi~t;~:~Ji:!~tion;

(viii) a roster for Professional Servr~~s il§~~§l:;been developed in accordance with Section 20 of !b:!§~.~·y~aw. w~":~~~

(b) The Bid Approval Report shall b~:,:ri.fi~~r~~Jn accorda~~~~I!ttS~ction 23.

(c) All Purchases shall be auth~,;~:~)1?~J;.-;,ag)fa:apce with t~j:~urchasing Authorities set out in Schedule "C" an[~a11 Contracts shall be signed in accordance with the Decument Executi6"'~Authorities set out in Schedule

NEGOTIATI~:·'. ,~~~~· 19. (a) Notwithst9d'.0J'G~Si::Jhat Negoli~fi5'n may~~?\Fre a component of another

procur!;1ai~'nt "p~F~~,~s. Negoti~!Jon may 6e used for Purchases of Goods andl9ii~~-ryices wJ.):~n any of th~following criteria apply:

_,~k.c".1~~ff1~~¥Jl£~p"rvices are in short supply;

:qg/:~:::::0:(;0::7::0~:~~~ai]pe~~ii~~]j1I§. pre~;:~~~·d due to the existence of any patent right,

.:.:E;~l~~::;;.. c<f P"M'.~l~ht, tS"8~~J~a·1 secret or control of raw material;

- ~,~- a sJtourcl': being recommended;

{i"~}~~~t'o.s~~~:;:br more identical Bids are received;

(v) .. ~~{bl§::::· Lowest Compliant Bid received meeting all specifications --~xceeds the Budget amount;

(vi) the extension of an existing Contract would be more effective;

(vii) only one (1) Bid is received in response to a Bid Solicitation;

(viii) the Bid Solicitation process has been cancelled without Award;

(ix) a roster for Professional Services has been developed in accordance with Section 20 of this By-law;

Page 18of37 121

BY-LAW #XX.XX

(x) there is Council authorization to do so.

(b) The Bid Approval Report shall be prepared in accordance with Section 23.

(c) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "C" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule "C".

ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVIC,,§,$7E1%:~~ ,tM...,,, ...

20. (a) An RFPQ or an RFEOI may be conducted fQr7'fff~~RJ..Jrpose of developing a roster of qualified Suppliers of ProfessiEiffal or ~~s'~?~gialized Services for groups of projects requiring similar an,~;l:§P.J;;1rlfe,ular ex~f.~J~e. While the use of a roster is strictly optional, the~cis:Soclated RFPQ''i;o'.ft~il~_FEOI shall be conducted in accordance with the~~fovisions of this By-law~~t~.. ~,

(b) The Department Representaf~~sball ~EGYide to Pr;~l[[~i~ent and Strategic Acquisitions the relevant i'ffffl!matlbn~fegarding th~· Professional Services and required expertise. '"":~~3:,,"

(c) Procurement and Stra~~~i~~~Acquisitions 0Tilt~tepare the RFPQ or RFEOI, inviting interested Suppfier§ifi{Q:a$J.J.bmit Bids ~~EilU.:mWl]. among other things, their qualifications, availat1iJity7:~fig~,t:i1::wProject ~xperience, key personnel and roles, and sufficienf;,ref~~ne~S:~:~~!i~f~ctory to the Director of Procurem,~nJ~~J:ld. Strategic A'&qffiTsitions fO:Ework of a similar nature .

• (O',n':~,i~'tr'-'<"'H'""" .. '"'-"'"<"""'"- ";'ll .. ' 1/'ff!

(d) An eV,§L~~tion""fgl]b consisting~<2,f memb;rs of the requesting Department and.::Pfa~'.~.remenfi~~nd Strategio;~;8.cquisitions shall analyze and evaluate the respc{n~s;es re.c'eb1ed using th~3'ifaiteria outlined in the RFPQ or RFEOI

~J9.;:§~!ect a~fi'.ill'r:tt°5~Ft'5f:~Q:m~a.lifi~d:;""suppliers of Professional or Specialized .:::'.:~~~:servr§~~§,;;;'£/hicff~~b.911 be pla'ee1f on a roster.

,;fii-(ID. On s~-6~~§\~.~nt ~?~~~!§.,.::'Suppliers of Professional or Specialized Services .P'"""';~:[§~. may be sel~~ted fro'f'i[g{fle roster to submit detailed proposals in response

·~:;'A§11o a Bid SoliqiJ,i;ltion/ih accordance with Sections 12 through 16 of this By-:.~:~J~)Y. The re<'.{\it~sting Department shall invite Suppliers on the roster to

P:rQ&!.9e Ser2i.l~es, using best efforts to equally distribute opportunities ani'c5f1'.~:~~Jg~:;·suppliers on the roster.

-=<>~11~,~·-

( f) Altern9'Hvely, a Supplier may be selected from the roster to submit a Bid for Professional or Specialized Services in accordance with Section 18 or 19 of this By-law.

(g) Rosters shall be updated at least once every two (2) years.

FORMAL BID PROCESS

21. (a) All Bids (with the exception of submissions in response to Requests for Pre-Qualification and Informal Quotations) shall be received by the

Page 19 of 37 122

BY-LAW #XX.XX Regional Clerk or Procurement and Strategic Acquisitions, in accordance with the instructions in the Bid Solicitation, and opened in public at the time and place stated in the Bid Solicitation.

(b) Bids receiv~d shall be opened and the Suppliers name and the Bid amount(s) shall be read aloud and recorded unless the contents of a Bid envelope require validation in which case, the Bid will be reserved. If the reserved Bid is determined to be valid, a continuation of the Bid opening will be scheduled. If the reserved Bid is determined to be deficient, a continuation of the Bid opening will not be schedul§:SL and the results of the Bid opening will be posted. When the Bid Soli.r,~JfallbJJ is for registration purposes, only the Supplier's name will be r~~fil~lJ~~d a~nd recorded.

(c) When only one (1) Bid is received, only th~1'Sup~~iY~]~§"name shall be read aloud. The Bid amount shall not be reallharoud. ··~§E.~--

~;#~.;~:,;;~,:';.-:~';,~i,, ·~ .. ~~;§t~~-. "'":'.'.!>"' t'X,\\ll.'\"1.\'t.«.'>.

(d) Bid-Irregularities shall be administered in accordance witf1~~b.edyle "B".

CO-OPERATIVE PURCHASING .#-,~~-~ y 22. The Commissioner of G~2worate Servici~?flireasurer may enter into

arrangements with any govern~gf}!;~;Q.9dy, ministr-Y}[email protected],,, board, corporation or authority on a co-operative or jo[@Flffa"sts;~f.or Purchasesft'!>,f;~Goods and/or Services where there are economic advart\~ge's~~;j~J~~;2~~9::;9.ing ~~~a· such Purchases comply

with this By-law. -~,.,, "~.·~-".·~~-~.:.·~--,·.---.•. -.. '_'_·_? -:-y REPORTING PR~~tJ~, '",

23. (a) Prior tci'~':§:~D,~ A~~Ift. a Bid A~pproval Report shall be prepared by Pr9curemenl~an~f$lrategi,o;;Ac.gufsitions or the Department Representative,

-~·:~~:::Eslg[~'.~:r?_nd affttlo,eizecf"T~:"i~~~'rdance with the Purchasing Authorities set ::;,. · out in1;S:eliledule~~e:~:.~ ..

-..::.:!sf,;: ··:;ti~i§~;:;, ·~~~~~:;i'" . .. ~····'(B~~~;,:~, At least qLii§}jf~rly, the~~·ommissioner of Corporate Services/Treasurer shall

.,~~~k1:§.Ubmit repo~§i&.!isting.:·all Awards following the Sections 14. to 20. inclusive, -·:,0rn1;.excess of ($'25,000 for information to Committee and Council, and shall

iri~i'.te.e, but d~ot limited to listing of Suppliers, total award, amount budgeted for tff~~~¢R•ase and description of Goods and Services.

PRESCRIBED COUNCIL APPROVAL

24. Notwithstanding any other provision of this By-Law, the following Awards require Council approval:

(i) the recommended Award exceeds the amount budgeted for the Purchase;

(ii) the authority to Award has not been expressly delegated to staff of the Corporation;

Page 20 of 37 123

BY-LAW #XX.XX (iii) the recommended Award is not the Lowest Compliant Bid.

DOCUMENT EXECUTION AUTHORITY

25. Employees or officers of the Corporation identified in Schedule "C" (Document Execution Authority) shall have the authority to execute Contracts and all other documents necessary to effect the Award or Purchase of Goods and/or Services, up to the prescribed limits, provided that the documents have been prepared in a form satisfactory to the Director of Legal and Court Services and that the Award or Purchase complies with this By-law. .~:,~:::i~~~

,<';\">ll\!l> .... "'"'""'~.l. ...m1,..."'I\>" ·~.1a. ,1'M;~,TF;I" '~I"

FINANCIAL SECURITIES AND INSURANCE ,(l,"f.,\W«f.

.fM\\\0\1>' .<'<t1/l\mWM~,

.<\ttm•lllffilm\"11

26.

t<'l'-~,.,.,miw'1lm':mw • .?J\~'"'"' mnnmmln'm\

~....,.. • ..,.,. n1mn111w,m'41 ,,,..-w,.,....,". llllll\111\"fllflf(I\

(a) Procurement and Strategic Acquisitiom~~:mai'~1f~qµire that a Bid be accompanied by a Bid Deposit or otheh~si'ffiiJar se28tlf.%Jo guarantee that the successful Supplier enters into 9,;,e;bnttact with the 'G~r:12.oration .

. ~ .. ,.. ,... .... ,.,,,, .. ..,"""

(b) In addition to the security referf~~i~gJn SV~§,ection 26(~,;:~~f[~?§~ccessful Supplier may also be required to prtr~~i~,,$§~,:;z~·;,. -i~-

(i) a Performance Bond to guarante~:f-\b~;,performance of the Contract; ~t~~~~m ~:ii1~~~~l~

(ii) a Labour and Mat£b:rf~T~~B:ond to guar~nt~:g;~the payment for labour and materials to be·~~~:pW~JJ!~~~~:~;!gFf'with a Contract; and/or

(iii) suc.!::i!~f~fatu;ir securit/~as?Pf:>rocure~int and Strategic Acquisitions s;l~~ms";~~;~t'Qpriate in ttf~:"circumst[nces.

(c) Prio·;;:~~f~fj'.~}~co~leDcement ol~w'5rk, the Supplier shall provide to the .S"9J£Oratioiii.f~J?J8'6f:'.·of.~£!:~:~feD£~fln accordance with the Bid Solicitation,

.. :":~i::;::JS:<:i'ti$f~mt9ry to~tEfe~.Direcfofof~IE:egal and Court Services.

~:.£~{~r~· Failu;;~~~~~~g,m~~~~i19l''all terms and conditions of a Bid Solicitation, "" "'~·1E§t¥~0;,,. including faUfil.re to Q'.'rovide proof of insurance as required, shall be just

··~~;~~~~~se for ca~~~~llatic5h of the Award.

(e) Pflor+~to the .~brporation issuing payment to a Supplier, the Supplier shall pro~i~~~ •.. a.~~Certificate of Clearance from the Workplace Safety and lnsura~~rsoard confirming all premiums or levies have been paid to the Board,fo date.

Page 21 of 37 124

BY-LAW #XX.XX BID IRREGULARITIES

27. The process for administering irregularities contained in Bids pertaining to all Bid Solicitations shall be as set out in Schedule "B".

FORM OF CONTRACT

28. (a) An Award may require a formal written agreement or a Purchase Order.

(b) A Purchase Order may be used when the "'~resulting Contract is straightforward and will refer to the Corporati.Qf;l:~5~::,~standard terms and conditions outlined in the Bid Solicitation. ,;,'.~~~~i~~.. ,,.

(c) A formal written agreement satisfactory t0i~e ofre~!,Q[ of Legal and Court Services shall be used when the resuLUflg. Cbritract fs~§g.111plex.

(d) It shall be the responsibility of R~e;g~~:~·::~t and Stra::r~f~7£~gqu1~1tions in consultation with the Director offil#e?@al and C~urt Services td:~:,~t~rmine if it is in the best interest of the Co?pQk91ion~~t'8~'&stablish a Jffrmal written agreement with the Supplier. ~if§~~

(e) When a formal written~~~~l~.?QJent is re;~f~~J.:~roc,,urement and Strategic Acquisitions may also is"§cr~g~~fm~~internal Purob'.'a·s·Ef Order for record and payment purposes. "::;;~~- ·~·:.;s;~~2§~~?l?~~·~· "~ i:J2';'

·~~~~~~&~ .,~~f;l" SUPPLIER PERFORIV!.~J!~~s:~;.;;;,, -·- _

~?1¥'',V" ~1·:~~~hT1E;~Tu~ ~~., ~

29. (a) The:~~l:[e.'f).i3rtmeril'.~~Representathv.e .• shall monitor and document the performi8~e-. of ,s§:y_ppliers pro~ifillng Goods and/or Services to that

,, g~~~~meiit~~!!:l2.:!i"§Pfa1:I~~~g¥l~~~::::~rtJcurem.ent and Strategic. Acquisitions in .. ::.:2t~Wnf1rJQ~w.hen th'.£:fiP!3rformgn·c~Fof a Supplier has been unsatisfactory.

,,,i,{(;~:r,· The.,,~~~~fgJi~~~k~~&;:;:~~Jn its sole discretion, disqualify a Supplier from ,,. ... ,~~s~~. bidding on·:~iiii'.y Bid s'QTiEitation or reject a Bid if a Supplier:

-,;;;~~~T)i:::,. has, ':'"ll any :.~ime, threatened, commenced or engaged in legal

"~::1~~~~~,l-~,'..~:~f6r litigation against the Corporation;

(ii) "J~'.ff~volved in a claim or litigation initiated by the Corporation;

(iii) previously provided Goods and/or Services to the Corporation in an unsatisfactory manner;

(iv) has failed to satisfy an outstanding debt to the Corporation;

(v) has a history of illegitimate, frivolous, unreasonable or invalid claims;

(vi) provides incomplete, unrepresentative references, or receives

Page 22 of 37 125

BY-LAW #XX.XX unsatisfactory external and/or internal references in a reference check undertaken by Regional Staff,

(vii) has engaged in conduct that leads the Corporation to determine that it would not be in the Corporation's best interests to accept the Bid.

DISPUTE RESOLUTION

30. (a) The Corporation encourages competitive bi<;I@Jng and an open, acco.untable and transparent process for the ~~f61l'as'"e of Goods and/or

Services. .~:Sef~~~~~~fa, (b) To maintain the integrity of the Bid Soli·~fation::~~!;?,gess, Suppliers who

believe they have been treated unfair!:~~hlD ·a~Bid SoTi~JJ§!!ion process shall submit a Substantive Objection t,Q'.?:'~lhe'~ .. Director of;~E!r.ocurement and

· Strategic Acquisitions providing~;~ll!ficient q~tail regardiri'~~;;:;~!.r,J~omplaint within: ,,;;~;:;r~~~~-- .,.,~~;'" .. ~?~;c:·

(i) 7 days from the conclusion of'ffi'.e~B.:lC! opening process for Request for Quotations or::..Request for Ten~ij~~s-..

7 days of the su!~~[ai.ag notifie~;!~lm~Er~sults of a Request for Pre-Qualification or'.~Beql:J~tt$t0.fa;!;,xpressltfns of Interest or Request

(ii)

for Proposals. ~~± . ..:f?f¥F"~~,~~~~;~i? ~· ~~~i~~~~::~~~~~>\, ~~~)YI~~ '~7

(c) The Dirfiel~'~''"5f:~!@:rocurement~~and Strat~gic Acquisitions will arrange a deb[ie'fl6'.9.;,Yvith tn~~~upplier to ~'k.plaJn the Bid Solicitation process that led to the sef~'§tjgn of~!h~ .. successful1$trpplier.

( d) ·'"':;?~:rt;f6::.~:[~Jrnpt:~1~t~,:~~~;~~~Rff§( Strategic Acquisitions will investigate the .. ;.~~;~;::: · complaiJj~§K~~§nd ·:~TO.:~Jnake a recommendation to the Commissioner of

;'..~]ful~ Corporategs:.e.rvice.$7:mkeasurer, CAO or Council, as appropriate.

:···~·~~§~~;;ao ensur~~~t~t thi~~;spute Resolution process for the particular Bid ·-;::~$.'qlJpitation pfgbess is seen to be fair and impartial, elected officials shall

ric5f~:advocate?~on behalf of Suppliers who have submitted a Substantive

Obf~G~~:.~;;~::?f''

(e) Should"'a Supplier continue to have concerns respecting the Award and the decision, the Supplier may then request, in writing to the Commissioner of Corporate Services/Treasurer, a mediator, to assist in resolving any outstanding issues between the Supplier and the Corporation.

(f) The recommended mediator will be approved by both the Supplier and the Corporation.

Page 23 of 37 126

BY-LAW#XXXX (g) The mediator shall make his/her best efforts to assist the parties to reach

a mutually acceptable solution.

(h) Costs for the mediator shall be equally shared by the Supplier and the Corporation.

(i) Any resolution reached through the mediation process shall remain confidential if requested by either of the parties.

LOBBYING RESTRICTIONS -·~~·"'">llllW*tll\W\" •""-1'111\\\H\lt"'~i.,,._.,.,,.

31. (a) Lobbying restrictions shall apply to Suppli(j}Ji§f,thel;·~staff members, or anyone Involved in preparing a Bid, shall§rfl0:taengage In any form of political or other Lobbying whatsoever or ·[~~k to.''Ymi:~!3nce the outcome of the Bid Solicitation process or subseql:renf7\.ward. ff'li§.~::r~striction extends to all of the Corporation's staff a~,8;1i~'ny5ne involved::tm;E~reparing a Bid

· Solicitatioh or participating ·1h a J~l~ evaluq,_tion process,"~ag]t,JnEimbers of·

Co u n cl I. . ,;:::22i\~~'E~- -~~~~~. ·~:J~~:;i

(b) The Corporation may reject any Bid'+.ff~~a~'i!'Supplier that engages In such Lobbying, without furth~Lconsideration,"~:aa:d:nay terminat~ that Supplier's right to continue in the S19i'%@J1!?itation proc~"~~~~~ .

.,,~s~:~ ... ~~;.;.~~%i~~~:z~~.,._... :~;;§§;¥$~~;,~"

(c) During a Bid Solicitationz~pro"e'tr$.~;i~.::::all commmflications shall be made through Procurement and -;$JrateQ'i'E".:~'G~~~W1s1tions. No Supplier or person acting on,,:,~9;~b:€!!L.Pf a Suppi'l~r;?'br grou'pE._~f Suppliers, shall contact any electe~,~~@fffCial;:;;<[~9_sultant or ·~;oy employee of the Corporation to attempt to s~~K~i.bformati6)i1for to influenne the Award.

(d) Ele~e~'"'~~~.l.$.:§'fi'It:at§f§I.J:.my t~~~~~;;ies about a Bid Solicitation process to

.. ;;i§!?i!FJ,~~~:~~is§·1~~~}~_rca:r p'ei:f:~Iir"servicesrrreasurer.

ACCESS TO INFORM-~°tlON "'e;;fE;~~~. ,;. _::.i~s~;i:~:,. "~~~\ ~%~g[~S7·"

32. (aJ~~='.%The disclo~~~ of i~formation received relevant to Bid Solicitations or ~fl\wards shaU:slie made by the appropriate officers in accordance with the

pf[~i.$ions c{(§ all relevant privacy legislation including primarily the Mun1~tg?/,.l{tbedom of Information and Protection of Privacy Act, R.S.O. 1990,"~)~tvf56, as amended.

Page 24 of 37 127

BY-LAW #XX.XX (b) All Suppliers who contract with the Corporation shall adhere to or exceed

the standards set in the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004, S.0. 2004, c. 3, Sched. A, or other relevant Ontario or federal privacy legislation or common law as may be passed or amended from time to time, as if they were agents of the Corporation as relates to the confidential and secure treatment, including collection, use, disclosure or retention, of personal (health) information, other confidential information of the Corporation, and all records thereof which they come into contact with in the course of performing Services or pro:v.iding Goods to the Corporat1'on '~.:::f@:::E::;,"; ..

SURPLUS ASSETS . .;-4"~"' 33. (a) Directors shall submit to Procurement,Jftlg ·strategit~~QB.l;!isitions from time

to time and upon request, a list of $,;y:fpTU's'~ssets. ·-:::;'.~~~~.

(b) ~II s~-r~~~-Assets shall first bef.~t.;ered t;~:o.ther Depa~~i[f$~within the Corporation. '"::~s%~~l~~:§~~~¥?¥~£l~\. jfi·

(c) All Surplus Assets not r~fJ.Uired by any i::5:et!@.£t.ment of the Corporation may then be offered to ~~-~.r~.9.:~ municipalitle'~~f:f~;,§Qer,tcies and charitable organizations within thS:j[J\JT~fg~]§L ... region pflcs;[~~~to any public Disposal

procedure. ~~~. ..,,:,~:~~~~i~:;;~~.:::~;,,;;:;:c" ~~:~,. (d) Procuren:J,,~.t1~:~~:m~.~.Strategic /\\RTh~ition~-~~~1'1 have the authority to sell or

dispos;~~of all"'S'l[!fEJus Assets;f§py sealed' bid, public auction or any other publid'sale ';;:.~ ~L

(e) Ib~s~1:\~Ji\f~~!lb§!Jal{~ made to the highest bidder and in .;:';;#:::aC:cQ'.to.ance wTffi~~the provlsl01l'S'~of this By-law.

"':~~rf·s::·- The"~~"!~l,~fi.Y,e~~,t~ament shall be credited with the net proceeds, if any, ;· "··:~@~h. from the Di$'~0sal of it§:~Surplus Assets unless otherwise agreed.

(g;'~~~~~\;u:plus Ass!~I shalli'°~ot be sold directly to an employee or to a member of C:afilbQ.il, alth~~Ggh this does not prohibit any employee or member of Council frorrfJ~~~~i~~~·lng Surplus Assets being sold through a public process.

(h) Surplu§"' Assets may be donated to non-profit agencies or non-profit institutions for educational or teaching purposes only. Donated items shall not be re-sold. All donated Surplus Assets must be approved by the Department Commissioner.

Page 25 of 37 128

BY-LAW #XX.XX (i) On termination of their relationship with Niagara Region, any outgoing

employee or regional councillor can request the opportunity to Purchase the business laptop computer provided to them. Such Purchases must be approved by the Commissioner of Corporate Servlcesrrreasurer or designate on condition that the computer be at least three years old and the purchaser must pay equal or greater than the market value as determined by the average sale price of similar computers sold over the prior six months through the public auction process or other measure acceptable to the Commissioner of Corporate Servicesrrreasurer.

~'/:;,. • .wl~'?.Y>

....... ~.\\11>'11.'*'lo.

COMPLIANCE "ii~}?~~~,~,~ ,j\>\<l'Pl'T•'

34. (a) All persons involved in the Purchase or Di~gg~~f~~f::;~oods and/or Services provided for in this By-law, shall act in§~~ maffn§.r:~, consistent with the requirements and objectives of this B)'daw.",'~:~~ "'.~~~Ei;;"

.. --·---- - .. (b) Fufchc:fses niay not be dividedjt)~te:~~'Z.~(~) or mor~,~~§]:tP ,?VOid the

requirements ofthis By-law. ,;;:~g€~~~~S::- ~Jt!:~fa.,:m ''JE.?''" (c) Any Goods and/or Services that ar~~:ffffiaf~~d i~ contravention of this By

law will be subject to inlf~stigation by th~~~@Jporation, following which the Corporation will take th~naeessary correcffw~,!action.

~;~~!~~Zl.i~:~-~· ·~,,~~;r~1=~~

(d) Any employee of the Cor~Jat~i~A~W:a\;).;:;.~nowingfY"contravenes this By-law is committing a serious aaf;~pf J:!'.fi~c~~j'§,k;:;:and may be held personally liable for J.!Jgj:~tifi.lh;1talue of ths~€Bffifohase O'!Sl5isposal as well as disciplinary action ,µ,,~~10 ari'eF~Lii~Judlng terril'trnation. .,'..:'

eNv1RoNMENTA~~~fs.ouN~~lcau1s1T1o~~s;.~:~·· ··"·~~;§~ "ftS~#if?~~~~~z~~:~~~~,,.y,~.... .~~ .. -;.;;, ..

35. DeP,a·ffm~EiI$}~:W.ill ~'f{~:&:ayo·~~-:;::t~~l~~~lDde specifications in Bid Solicitations that H~seVlde for"efl~,IT~:Y.~,effi2'f~'.~!1eroducts, reusable products and products that contain

,,'.:2lae maximum reszet of pcrst~'G0r'fsumer waste and/or recyclable content, without .;·"''"''§f~rufJcantly affectl~§:Jhe in1W~'ded use of the product or service. It is recognized

thaf~~Q,i)t analysis~~fts required in order to ensure that the products are

compefl!.1~i~~ price~~? IN HO us E Bl DS~t§~~'.~:·~~;;:fJ.;~·

36. In House Bid~f·may be used for the Purchase of Goods and/or Services where:

(a) external Suppliers have also been requested to submit Bids; and

(b) Council has approved a format for the development and submission of the In House Bids.

Page 26 of 37 129

BY-LAW #XX.XX PROVIDING ASSISTANCE

37. The CAO has the authority, provided there is no adverse impact upon the operations of the Corporation, to lend, lease, rent or otherwise provide any vehicle, equipment or other goods owned by the Corporation to any federal, provincial or municipal body, ministry, agency, board, corporation or other public authority when such action is reasonably justified due to unforeseen conditions, and shall report such action to Council forthwith.

CONFLICT OF INTEREST .<"IWl!'/(,11'

.r.nYi>Tinw«lh "''t:t,trnl'l'lllfln'A-.

38. .~>':l'Wr.:;.<Ol"""=!Of"'

(a) Personal Purchases shall not be made fo.5.:E~~~~ ei~cted or appointed officials, members of a board or commissi.o:ffi~""Qr:~~for Corporation officers, employees or their families. ..,~::-· ·~;~gif0;,.

(b) An employee of the Corporation V\!b~~~~s~~he res;·:~i~Ui1Y for declaring Surp·1u·s· Assets shall not bid on ori~'ersonaJly obtain ani·@f5ods that he or she has declared as surplus. ~·c:.~w~f:.. ?.:~ ·~~£.~;;!'"

(c)

-~~-\'!~~~JJJ~ ;;z;~~~;~:..... ;:;;;;~:'·

Every elected official, appointed o;;:~~~~f~~-~l~~ee of the b~rporation or member of an employ~,g) family is exp1.~§§JY prohibited from accepting, directly or indirectly, fra~fi['Ea.r:iy person, cotuii;tny, firm or corporation to which any Purchase Or~~·f~~a~~;~~G.ontract is,~':0"1,~~~~~lght be awarded, any rebate gl·tt or money exce~'Bt· ""';',,iif.i{:t;;;:.:b~. a::··

I I ~1:;., ''"?;~~j(~~r:w;~?,;;H~•~ .~~ (i) giftstQ:f[~EY:ery small inf~Lr!i~lc value?~2F:;··

~-;;Eff p!'·~-· ., .. ~,~::~~g~g~:~~ ·~iJ::.t. :-

(ii) .. ~:Af!TI52gerate.1\]spitality. d0Fiog .the normal course of business that w&:~l<Lnot,;@g.r)ificantly ex~~~·d what the Corporation, through the

_ .. employee!:5:;:~expet1se*ace6unt, would likely provide in return and .::~3:2:t~§lff.~:gyy9uld. ·f1~Q'.t~~,,l;Je pef'B~iV'ircY by others as influencing the making of a

_,is~~~F- · · -· ;~ss:~;~~:~~ss~cr~~l~~~,;,, .~~::.:~:(a~~il~J'..;,,, All elected''E~tfi.~ials, '"'§ffi6~rs or employees of the Corporation shall declare

"~:E#l~1t~.ny Confli'q~~: of" Interest to the Commissioner of Corporate "'·':'.8'.er:vices/TreaS:'urer and shall have no involvement in a Bid Solicitation

pf['ti:ess wher~ a real or perceived Conflict of Interest has been found or deefu~~f~}$§ij~ist, including, but not limited to:

(i) ,;foquesting the Goods and/or Services, setting the parameters of the Purchase, evaluating Bids or recommending, deciding or making Awards;

(iii) direct contact with those making those Purchasing decisions, both in Procurement and Strategic Acquisitions and the user Department.

Page 27 of 37 130

BY-LAW #XX.XX (e) Suppliers shall not be allowed to submit a Bid for any Bid Solicitation in

which the Supplier has participated in the preparation of the Bid Solicitation, and any such Bid submitted shall be disqualified.

SEVERABILITY

39. If any Section or Sections of this By-law or parts thereof are found by an adjudicator of competent jurisdiction to be invalid or beyond the power of Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of the By-law ,;;l?"ball be deemed to be separate and independent there from and shall contin~:e?Zfi1~full force and effect

BY ·LA:l::v:::untll similarly found invalid or beyond ~~(Council to enact.

.f>'> .. ~ ·=~~;;;~;;-;~:0,

40. The Commissioner of Corporate Se~f~~~~~asurer'"~~~;ffi"au review the ·---·--····· ·-· ·- --- effectlven1es-~i-oflhis By-law at ieast ev~_n£Yive (5).~years and re-p~~42 9purid1 as

Page 28 of 37 131

BY-LAW #XXXX

PROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA

EXCEPTIONS TO FORMAL PURCHASING PROCESS

Schedule "A"

The Purchase of the items in Schedule "A" shall be made in accordance with Section 3 of this By-law.

1. Petty Cash items

2. Training and Education (a) Conferences, conventions, courses and ser:rtinars (b) Magazines, books, periodicals ,:/ff};,,~~;;;~ ..

(c) Memberships ,l:~~ti£{~:~ ... ,; (d) Staff Development :!~ ""~~

· -· -- ·-·· - ·--- ·-- · 3. Refundable ~~~~~~=~~e~xpenses .. ,~i~~si~~::;:.~~'·::~ .. ~,.~· .. ,

(b) Meal Allowances .. .£iftF ·o:.~.;::;:;;;,, ,;_

( c) Travel and Entertainmeri'f;§l~~:::... ,_,... ~·:::::.:.:"~

( d) Miscellaneous - Non-fravei~~~~~~g~;§i;s:';;;~ ., ..

4. Employer's General Expenses:~~ ~~'%1:::" (a) Payroll Deducffo}I:$.:,B.emittances ··~c:~~~;:;~. (b) Medical ~4fif~%':54'.t~,:;;;,.,. •1:;t~~;~$''~~ (c) Licenses (VehlclS:.~~Fi·;@wr.ttf"s:.\::cetc.) ~~t7•·

'",i~i~ ~.~~~;;£~~~~~·,~;;;~ .. ,... ~,:;~t (d) Debenture Paymenls ·~'"" '"':.~:::;;:::::;:::::,,'""··~;. · (e) 1.n§~t~n£e Premium§:~~~#~::;' -·-~z~is"S~' (f) .,i~~Farl'fssf§kt-gencies ·~;~- ~ (~j:)f:~;Damage-:;€1aims ~~ .. ·yh·)·:~;~Rett.y Ca~B Replenishm.~b_t;f" ( i) f'ag~g§.dfit{~]fg~.§.~,;,,~,~--.. m· .. ;i:'

,,,;:f4f:\s]~1r§'~D:::"" Regl&ffu,Lcharg:e's~tti~ffifid from other government bodies ,£:}~:::·:'"' """"'l:W~?£.1S.lnking':[ffiifuod Payments

.. ~~:~ft~~ (I) ~ .. i~tment§~fot;;,employment

Page 29 of 37

132

BY-LAW #XXXX



5. Professional and Special Services (a) Committee Fees (b) Medical and Laboratory Services (c) Fees for professional legal or related expert services

Schedule "A"

(d) Payments to Social Service and Health Agencies that are subject to Purchase of Service Agreements, such as child care providers.

(e) Medical and Dental fees (f) Funeral and Burial expenses .. ,£;,;:::~·~·:.,~,;. (g) Appraiser Fees .m:?!t ' (h) Witness fees .ii~~-:.::1~%~~:.. (i) Honorariums ::~£ ·~;;; ..

.... ·- ur-wo·rk payments t6 Lorig Terril,;,,GierS'.~:.~esidenf§f¥~~" (k) Advertising .·. ""?;:;:;::::;;;;,,_ • ··~~:::;:~ •.

(I) Vouchers for all expense~sf6~·Soc~~I Service R~2f~l:eHts -~~~€s~;~·.,. -~~~~. ·~ItS¥~?:~i'~·

6. Ongoing maintenance and software licencTtiQ.~agree.i:ff~r:iis for equipment such as computer hardware and software, telecommlifiJ~p,JI~ns equipment, elevators, and

HVAC equipment. ,~,:;;,,_ '···;·;,_:.::.~:.·:·:·~·;··.~::;_.~-;::··.: .... : ... ~.:.--:·.·.·_:·.:,.~,-.:-:.;.'·~··!;:· 7, Banking Services and Charges,,,,_, ''t:-:C--

8 Utilities (monthly charges) ~ .,;;S:~~~~E;::::;.~ ...... ,., . (a) W-aterr·and Sewer -::I~ .. ·~7:,f,!'.~ .,,~~g~~~;i"'

(b ).;::isFf9'cfr~!~~~. ·=~~; §?'' (e~~f:Gas ·~;§[~: ·:B~ 'fofi:!£~ommud1~ation lnfrastri3~tdfe Services such as Bell, Cogeco,

R&'g~L,§;~~t~lf-g~E:i~:c.,~~ ...... ~~~~~~· .... :;,;;.;:;';~:E:::~{e) . Uti llt~~elocafi()fi§S:%'.lli?E~:F'·

.ei;~!~!;~:;;;;::'""':";~~;·:~~:~{ij:;f~@QnstfEi~tt:1r. work ;~·~pleted by Railways on property of the

-=-~~ ~€,atfO!j'~'billed to the Corporation.

N"'"~· '"""·"''""°..<I' <\\V\\••

,,.,,_,\"'..._..._~,,., •\<W«I ':'t;."'<=~ ~~,...... •l~~l,\'•Y

~\"'A,Y'

., .... ,~·~""""'h ,.\"'·"" 'l';\1~'1fffiW~""- "!<'~.Ht

··~\ll">'<'l;fn,~\'.'>. A•l>'•I~' "<"~i\\.\\'l\t'.t'.W!ff.<l"l(>.'t"

"<'<'l'-"f'M.\\1"<1'.\\",.,. .. ,,,,,,;·\HI..,,.,. \>H,l·.'-~h\'

<#l'r

Page 30 of 37 133

BY-LAW #XXXX Schedule "B"

1.

2. 3.

4.


BID IRREGULARITIES

RESPONSES FOR ADMINISTERING IRREGULARITIES CONTAINED IN BIDS

IRREGULARITY RESPONSE Late Bids. Automatic rejection.

Returned unopened to the bidder. Unsealed Envelopes. Automatic rejection. Insufficient Financial Security A) No Bid Deposit, uncertified cheque, or Automatic rejection.

financial security not an original (e.g. a photocopy or a facsimile of a financial security);--

8) Amount of financial security is insufficient: i. Amount of security is expressed

as a percentage of the total bid sum.

ii. Amount of security is expressed only as a dollar figure.

Autom.atTc;:'fejeclion, unles's~rn~tne opinion of Proqtj'f~ment and Strategic A~e~'.rul.sitions and Legal ao~O:i~ .. purt Ser'(_ipes, the insuffi'8i;~g'.Q¥:::if1 the financial §'92aflt9::is de niftiir:nus (trivial or rn:$1qnificant).

C) i. N~m~ or si~nature of Suppli~gr~~~.: ...... Automatic rej'~!.:.·-,P,::_ .. ~-.. ~ .. :. m1ss1ng or incomplete. ·:;;:~::.:.::::'.~"';; • .,... ·;., .. :;;;;;,c",· •••

ii. Seal of Supplier is missing or ·~~S; ... ·~:: r~~!!ygE:~€} working &~i~fr:~to obtain missing or incomplete. ''f¥i~ incbttlPleie.items.;:::··

D) Name, signature, or seal of bonding-~. A1;1Jpfnatic~t~j§"g~ibn. companv is mlssJnQ'i'.Qe?:inqomplete. ~~:;:£?:" '§:F

E) Failure to proviefofa le'ft'iffiof ~s~tomatic rejection. aQreement ioitf6od (if rea:P.Tred).

A) Bids completed in'"'efi~§~.Qle.:§m~.QJYJX!.,. Automatic rejection. B) i. $lgf:lattJr.e;· of rep7e;§:~futative~:~:;ri'.J.§§.f~i~ ~~¥(utomatic rejection.

~,~:t?~titR'o¥fz~a7.:to::bind 'tf.f~i-supplier .. ,., .. ; :[f:· missing o?lfl:~Qf:D.plet~2:i:f&.ft!9~."-':'

.. :0~::::;:·:. prescribed for'fn~which is~ta0.a:5e ··:;¥~:~'submitted in res:~a·nse to;~:::Bici

·;3;~li.i:;itation. . .........

ii. El~atro.nic slgnat&ff~ of repr~~~at~tive q£~1il'bsence of corporaTez1$:eal~:authorized to bind the SuppH~f.~gfiown on the prescribed;cform which is to be submitted in response to a Bid Solicitation.

C) Form of Proposal missing or incomplete.

Two (2) working days* to obtain original signature.

Two (2) working days* to correct to the satisfaction of Procurement and Strategic Acquisitions, otherwise automatic rejection.

Page 31 of 37 134

BY-LAW #XX.XX Schedule "B"

.... -· -· ..... 5 .....

6.

7.

8.

9.

10.

11.

12.

13.


BID IRREGULARITIES


IRREGULARITY D) Form of Quotation or Tender missing

or incomplete. E) Signature of witness, if required,

missinQ or incomplete. F) Date of Bid missing or incomplete.

RESPONSE Automatic rejection.

Two (2) working days* to correct, otherwise automatic rejection. Two (2) working days~.~t2 correct, otherwise automatic rejection 2£fiiH;t9ted in the Bid Solicitation, autornaffc reiection.

Incomplete, illegible-or.obscure Bids or Two (2) workiriggaa:y§._tto correct to the satisfaction Bids which contain information not called of Procurem.e:fff and~~fi:"alegic Acquisitions, for, erasures, overwriting or strike outs otherwise.~aut~1J1atic r~T~!ti.s;tn. (not '1n'1t'1aled1

' .;~~..;':::m~:~ ·.":. "~~~~:?:: .. I } • . ·~~,. -11n;~ •w;r••»;mtr.l'>-

Document, In which all necessary Addenda Two:.(:::t} working days* to c61llJ.tt!t.Bid to the have not been acknowledged. satisfaction of~E'rocurement aria¥~tr:,g,1egic

i(°cq1ilrn,1tL9ns or;ElE:.§tated in the Biqs~olicitation, autom-ati~~:r.ele'.G'ffon~:~.. ·:;.'·

Failure to attend mandatory site visit (if required). -····-Bid received on documents other tha~~E£#5::0tutomatic rejefcUQ;o, •. unLess allowed for in the Bid those provided in the Bid Solicitation. ·;\;,;:~:··~~irt$'.oHc!Jation. ~§§:~#,w Failure to insert the bidder's business ·;:~.h. Auf0'm'atic.rejectio.o1tmless, in the opinion of name in the space provided in the Bid "!~(~ Pr9ff'6ri?rt'\'~lfil~~fld.Strategic Acquisitions and Legal Solicitation form. ,;,£~:::::::·:~:;:;;-::;. '~h;;:_ifi'CI Court S'§Jj:Vlces, the ihComplete nature is trivial

,.\~ifP~·· .. ·::;,~~l4fE~:. "~r insiQnificaiit.

Mathematical e~~q;r;~_:[_·.·.~_,_'. ... ·_·~,~,":·.:::".'•··:·::· ... ·'.:::·:,_::,··-.. · .... _-.·-. ·"··~.. T~.o (2) working days* to initial the corrections as - ::l:(~~::'. .fii!~i matle:;iby the Corporation. Unless otherwise stated .,,lli,,, •• __ .;.~~?.E::~~~~::.m... in filf~" Bid, the unit price shall prevail and the total

... .;::~:;;~;::.::.::.:.~:c;;,.~ .. " ·~y~~~: .. ~m~::;~;1~1g~~§£~iE¥~t;.~Tfi price shall be adjusted accordingly. The _,,~:c:.~~-.~::o:\::.;;;_::~:fil§E'::,~,. ·;;~~~~:~;,_ -~~·;::''Corporation reserves the right to waive initialing anc

... ·:/1/' "-;::~,_:;;:..;:.;;;0;, -~~~~;~::::~, accept Bid as corrected. Qt:J~fff\si.d Bids (Bids cfd~llf1ed or ·re:~tri.cfed Automatic rejection 5y afi~~J1~.ched statemefifi~:.. 'fib~~·

Two (2) working days* to confirm Bid to the satisfaction of Procurement and Strategic Acquisitions. The Director of Legal and Court Services, or Designate, shall have authority to waive other irregularities or grant two (2) working days * to initial such other irreqularities considered to be minor.

*Where "working days" specified, this is from the hour the Bidder is notified by Corporation staff of the -regularity

Page 32 of 37 135

BY-LAW#XXXX

Method Of Purchasing

Low Value (for routine Purchases of low dollar value)

Informal Quotation

(obtain, if possible, 3 written quotations for

oods and services

Formal Quotation

(formal bid solicitation to obtain quotations from at least 3 suppliers)

Request for Tender

Schedule "C" PROCUREMENT BY-LAW I

THE REGIONAL MUNICIPALITY OF NIAGARA PURCHASING AND EXECUTION AUTHORITY

Dollar Value Purchasing Authority*

Up to $10,000 Department Representative

> $10,000 to $25,000 Department Manager

> $25,000 to $100,000 Department Associate or Design?te

'1 'ill!! 11

i11111111 ii,,, ..

Document Execution Autti~rit·

;-:§f~" ~~ i~~i;:. •

";fR,~partment Director

! ''llllf llf l!h~" ~~J.Hh.

Departmef;it1,0irector

, "'''llliljl!!11w' HP

'1$ .fjf

Department Commissioner or Designate

> $100,000 to $250,000 Department oi}~,c.tor~~HJ!lll!lll!i1:!~'•''.i."il'~~partnient Commissioner or .. r H;oc· '=i:::~;.!!~d!""'€

011 1;h>esignate '<h_,~!1· '''1WW Designate

AlfJJliW UlUf f tllh, !llf i: uli'·

> $250,000 to $15mjl!~@,r;t DeP'.af;tment Commr$'~ioner or " 1'1·!•1' D .clF d D" 1tio.,«f f ' !Wh esig'Qate, an rrec p,r'o

~~Jii.i ~I rtlHh~~::i.,.,. J*.~ .. 'H ~tl?,r(;)€l!ll'ementaod S1Jiateg1c

,, 11i111•'!!i!!llillllli!IU111111i.: '~!il~:~~M~::1m1111w >,$ttlmillion to $5 millio~ml!DepartftH3mfcommissioner or

F ·jr~nH~~ ~1~1r · -~~P 'iim;1, i1 1~es1gn,~te, and the

'~il!ihL · im!ommissioner of Corporate ,, ''1' 1 "c'i . IT CAO 1iJ!l!lh- ih?"erv1ces reasurer or

> $5 million "'l!!liillll!lilillj!l~ouncil

Page 33of37

Department Commissioner or Designate and Commissioner of Corporate Services/Treasurer

CAO

Regional Clerk and Regional Chair

Type Of Agreement With Suoolier

Cash, Purchase Order or Purchasing Card

Purchase Order or legally executed agreement



136

BY-LAW# XXXX:


Request for Proposal

Schedule "C"

Dollar Value

PROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA PURCHASING AND EXECUTION AUTHORITY

Purchasing Authority* Do.cl!ifu'ent Execution biUlhorit:"· H~~~~~!:. i

> $10,000 to $25,000 Department Manager ,dW( [jg~~~rpent Director

,,1:" "l111!illi11u!i,, > $25,000 to $100,000 Department Assocj9t~, Director'._ Department Bqfumi,ssioner or

or Designate ,iH'!Hih1 ·~11,,pesignate ··1HjJi'" , ';'.l~lim~11:i1wi.,,, iii·

> $100,000 to $250,000 l Departm~mt Director or ·i11ill!a, Department Commissioner or • <'ibd1.h Lp~i ~ D . Des1gnatemmh ;·W ;z es1gnate

'lll!!1\!jli!!IH~'.iii"~ 'i ~lllii111i~F > $250,000 to $1 million I Dep~rtment tii~m~i~~i~rl~nli\~,, ...

1 µ>~p~rtment Commiss~on~r or

,,,, ,pes1gnate, ana,1p1_~n~tor ~f':lHJllll~ Designate and Comm1ss1oner 1l~!,!l! !l8,:1rPcurement aritli!Strateg1c hi' of Corporate

"~~!-' .... o .. j!l;;:!Ji~~:;;~ <-.;:, <tf.

,1111'" ·:t\gg~_isitions 11'1 Services/Treasurer

,,.~iUl!!i\~hh, '~ill! 'lll!wij· > $1 million. to $5 millio%m hQ¢'~~iftro~lilt,Gomn;i.l§~ioner or

•H ,;••i' • ,,,,,liJin*~"'hir.'"'111 . • ,r,i!!f!~!lllHk,, ., U1Pes1g nate;tar;i<l!womm1ss1oner

.;$:i11hi;i}Jl~4;::;n~.:g~~.. .,g;;~i!H~ s.:~s:s.-1!\jjW''"'' . ·<e;!UiiJll!h O~j~9rporate Se-rvices/Treasurer

,,,1!i!llii~l!hi. • ''iilll!l111111or ·~~llil'"' > $5 millio'@h. !! !!Council

~~~UUh1- I! ill

Page 34 of 37

CAO


Type Of Agreement With Supplier


137

BY-LAW# XXXX


Special Circumstance, Single Source and Negotiation

Schedule "C"

Dollar Value

PROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA. PURCHASING AND EXECUTION AUTHORITY

Purchasing Authority* Document Execution Au.tftidtity .iU"'

> $10,000 to $25,000 Department Associate Director AP:~P.artment Director D · t ,.j\<' ''i.'Hlh or es1gna e ,1w 'iW!L 1

iq~· ·~H~~~'=;

Department Director or ,11,!llh:ii·:·~~\ Dep~~~,11M~t.'iCommissioner or . tlj; ~I ' • ~ "l<: :[ n ~ ·~

Designate Ai' Designc~te'il!Ult: 1 ,

i'1i!ljjf ih1, ;!I i,

1

'HJlj!f !IW' Department CommissiafiM~,9,~i;J)J~ 1

tJepartment co·fhmissioner or Designate '1i!Wr, Designate

> $25,000 to $50,000

>$50,000 to $100,000

'11111m111,,,.. '''

1111111!!,., .• . > $100,000 to $250,000 I Departmen'~;ComY1)ti'$~joner or 'til~gahment Commissioner or

Designate aM9 Dir~el()n~qf.1:,, dg~igna:te and Commissioner ·;f' .~::;,,~i~~r. rH~·1~ ~;;

Procurement l:{~;d St~ategicH!illUHiJ>of Corporate ,,i~!!l!!~98uisition - %iili' '1!Jli' Services/Treasurer

:5liJf!iw!,, ilJJ1jlf h1 ljl!; 'i'

>$250,000 to ,iiHHU!i11, D~MMrtment Com~Vssioner or I Department Commissioner or $1,000,000 '&

1!!!hit D~~i@n~t~ find Comffi'issioner of Designate and CAO ;l[H!~ ~dHil"'i(~~BH~:.lin~"ltn>1. • ~.af1

,,vi•;,,.. ·i~:HJprporatel$;yIY.!C~s/Treasurer ,,,,;, !!'''·'"''· . ·'1111!• ·--lli4iill

1diil;llil '''·' , !HNil!i!lilUih " 'illii111~i,, ,1

.,

>$hlQQO 000 -·m~h. CounCil:hiw 1"'"'1i!Hl1;,. 1 ~1i!I i ]!W'




·i111u11111, ·~1111 ,,

* "Purchasing Authority" meanSll~tJ~,?e positi,§ps listed, and includes any position which is higher in the Corporation's reporting structure. "'iU!h,. _,di'

•i~!lUNiiW' HitJ" ~1 :> ;-

'~Ff

Page35 of37

138

BY-LAW# XXXX


INDEX

PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW ................................................. 1

DEFINITIONS .......................................................................................................................... 2

APPLICATION ......................................................................................................................... 8

RESPONSIBILITIES AND AUTHORITIES ................................... ":;.:, ........................................... 8

REQUIREMENT FOR APPROVED FUNDS ........................ L=::!'::~ .................................. 10

TRADE AGREEMENTS ................................................... ;~ifl"· .. ·;,1~£:;.;"""""'''"''''"'""""'"""'' 11 .m~~~w mlw"-'*·'*-~"'-..

.. ~~~~~~~11~il~=~~~f~~:~::;:·::::::::::::······ ... :~~.··:··~~--:::::::·::::::::·j~ REQUEST FOR EXPRESSIONS OF INTEREST...... .. ................................................. 13

~:~~~~~~:~~~~~N~::::::::::::::~;~·:...... ...:::::::::::::::::::::::::::::::::::::::::: ~: REQUEST FOR QUOTATION ................. »;fa. .... ~:.;1:Jr;.;:·;:::;~ilii~•:•i;::; ................................................ 14

REQUEST F 0 R TEN QJ~;Rg~\:s~~~~~:!:: ................. ]~£~~~·~ .......... ·~·:l~~~'.::: ................................................... 15

REQUEST FOR PR~l2.osAL::~1~~ ................ :::~4i ..................................................................... 16

SPECIAL CIRCU~·;i~r~t~l: PJf,QJ:l~SES .... ~~¥§t~ ................................................................ 17 ·~ ·--.::~~n~~":· .. .,~~. ~~~[:ffi~~~~~~~\·~~~~~-~~fErii:g§~f 1~;gE~:~~;~~~?~t·

SINGLE S.Q:£!!!~££U RC R1'.5§ES ......... ;·~"~iii~ ......................................................................... 17

NEGOT:l~tl.oN .~~·~?~~l~J:~:fa ...... ·.:~~~i~~~ ......................................................................................... 18

Ros·fg~0.~PR PROFE~~;9NA~~"::~~s~PEc1AUZED SERVICES ......................................... 19

FORMAL":gj'.~~~.~~OCEss':~~~~;~ ....... : ......................................................... ''''' ........................... 19

CO-OPERATl~,~~~~~ .. RC~~~SI NG ........................................................................................... 20

REPORTING PRd'~~~;€rRES ............................................................................................... 20

PRESCRIBED couRfCIL APPROVAL .................................................................................. 20

DOCUMENT EXECUTION AUTHORITY ............................................................................... 21

FINANCIAL SECURITIES AND INSURANCE ....................................................................... 21

BID IRR.EGULARITIES .......................................................................................................... 22

FORM OF CONTRACT ......................................................................................................... 22

Page 36 of 37 139

BY-LAW# XXXX


INDEX

SUPPLIER PERFORMANCE ................................................................................................ 22

DISPUTE RESOLUTION ....................................................................................................... 23

LOBBYING RESTRICTIONS ................................................................................................. 24

ACCESS TO INFORMATION ................................................................................................ 24

SURPLUS ASSETS ...................................................................... ,,,,, ......................................... 25

COMPLIANCE ....................................................................... :...0:15~~~~":·;: ................................... 26

ENVIRONMENTALLY SOUND ACQUISITIONS ............ ~~tf.~;~~~K~.: .................................... 26

-·-----.. IN-HOUSE BIQS,;;· .. ;.;~ ... ;;; .. ; .•.......... ;· ....................... ,~~tt~.!'.~:ts~~,···· ..... ';;·~~€~:;,~···· ...................... ;;.,, 26

PROVIDING ASSISTANCE .................................... :::t:'F~ ... :·:·:~-................. ·:~iib~··········· ................. 27

CONFLICT OF INTEREST ............................... i#::;~~ ......... ;"; .................... ~~~~~§~;1,.u,r;; .................. 27 -"rom"'"'"'"'"•'~,m. "-'(!.. .,..,.,.Y,"l!ii''~-"""">

S EVE RAB I LITY ........................................... :'.·:·:·~:~?~~?.~;: ... '..~~;~~;';,: .................. I~~:~ ..................... 28

BY-LAW REVIEW ................................................... -~~~~~:: ....... : .................. ' .......................... 28

SCHEDULE "A" - EXCEPTIONS TO ';~~BMAL PURCH~§f@·G, PROCESS ............................. 29 " ,, ~::~~i§Ik~r~;~.,:... --i;;~~~,::;~1i:'~

SCHEDULE B - BID IRREGULARITIE'c ... ::';:;~~;;:: .................... ".:•:~-.;r ............................................ 31

SCHEDULE "C" - PURCHASING AND ~~*.·~.':c:_::··-::-.·~·:_--::,::_'u.~.··~.·~.1:i~~~~._~.-.·:.~.-.-.:~: .. '~.~-~--::;;:~;~~~ ......................................... 33

"4(~1=~ :~~ ,": -·~~~~:'" ~'""'":~:~~:~§:~~~¥~~,,

_.,,.,,_.,..,,,,..w.o,, "'ll~\\''if,.<'I>"~

"L'"""''"""'' .. .,, ...... ,,,,.,-.;;-. ...,,,, .. -. .... _ .

·~····~""-r.1>'lf"""~

'"\'""'''~""''''

Page 37 of 37

140

Appendix C

Revised Procurement By-law with track changes

{only available on line - see link)

141

I Bill 130 as amended by By-law No. 4°"7-204·3.


BY-LAW NO. 130-2010

BEING A BY-LAW TO DEFINE THE ·P-IJRGl=IAs+NGPROCUREMENT POLICIES AND PROCEDURES

FOR THE REGIONAL MUNICIPALITY OF NIAGARA, AND TO REPEAL BY-LAW 56-2009

WHEREAS Section 271 ill_l_of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt policies with respect to its purchasing of goods and services;

AND WHEREAS tfteThe Council of The Regional Municipality of Niagara has deemed it desirable to set out its policies with respect to ~eftasffigthe Purchase or Disgosal of §00G&Goods and-ser:-v.J.Ges/or Services in this By-law;

Now therefore, tftBThe Council of The Regional Municipality of Niagara enacts as follows:

PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW

1. The purposes, goals and objectives of this By-law and of each of the methods of Purchasing authorized herein are:

(a) to encourage competitive bidding;

(b) to ensure objectivity and integrity in the Purchasing process;

(c) to ensure fairness between bidders;

(d) to maximize savings for taxpayers;

(e) to offer a variety of Purchasing methods, and to use the most appropriate method depending on the particular circumstances of the acquisition;

(f) to the extent possible, to ensure openness, accountability and transparency while protecting the best interests of the Corporation and the taxpayers of thelhe Regional Municipality of Niagara;


Page 1 of 55

142

I Bill 130 as amended by By-law No. 4-0+-20-1-3-:

(h) to avoid real and perceived conflicts between the interests of the Corporation and those of the Corporation's employees and elected officials and to ensure compliance with the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.&50, as amended;


(j) to promote, and incorporate wherever possible in Purchasing activities of the Corporation, the requirements of the Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32, as amended;

(k-) - -to adhere to the code of ethics of the National Institute of Government Purchasing and the Purchasing Management Association of Canada; and

(I) to maintain timely and relevant policies and procedures, and to this efi4-+t-+s intended that this By law be re\fi.ewe-El-aWeast every five (5) y~~er,te evaltl-ate-1-t--s-effectiveR-e&&.

DEFINITIONS

2. (a) In this by-law,

"Associate Director" means an employee of the Corporation holding the position of associate director;

"Award" means authorization to proceed with the f*Ji·Ghas-ePurchase, sale or Disposal of Goods and/or Services from or to a chosen Supplier;

"Bid" means an offer or submission from a Supplier in response to a Bid Solicitation which is subject to acceptance or rejection by the Corporation;

"Bid Approval Report" means a completed Purchase Requisition, Expenditure Authorization, or Council Report, which authorizes the purchase of Goods and/or Services and is executed by the Purchasing Authorities as set out in Schedule "C";

"Bid Deposit" means the form of security required by the terms and conditions of Bid Solicitations to guarantee that the successful Supplier enters into a Contract with the Corporation, as required by Section 26 of this By-law;

"Bid Solicitation" means a formal request for Bids including a-Re€Jt!est-:f.e.r-an Informal Quotation, Request for Quotation, Request for Pre-;:Qualification, Request for Tender, Request for Proposal or Request for Expression of Interest;

Page 2 of 55 143

I Bill 130 as amended by By-law No. -1-o:J-2.().1-3.

Page 3 of 55 144

I Bill 130 as amended by Byw/aw No. 4-0+-2-04-3.



"Chief Administrative Officer" or "CAO" means the Chief Administrative Officer of the Corporation, his or her Designate or any successor position thereto;



"Compliant Bid" means a Bid that meets the terms and conditions of the Bid Solicitation and this Bywlaw;

"Conflict of Interest" means a situation where a personal, business or other interest of an elected or appointed official, officer or employee of the Corporation is, or can be reasonably be perceived to be, in conflict with the interests of the Corporation, and includes, but is not limited to:

(i) the giving or receiving of a direct or indirect personal gain or benefit, or a direct or indirect advantage or privilege, by any person or business that offers Goods and/or Services to the Corporation;

(ii) a direct or indirect interest in any business that provides Goods and/or Services to the Corporation;

(iii) a conflict of interest as defined In the Municipal Conflict of Interest Act; or

(iv) a conflict of interest as defined in the Corporation's Code of Ethics/Conflict of Interest Policy #C3.C20, as may be amended;

"Construction" means a construction, reconstruction, demolition, repair or renovation of a building, structure or other engineering or architectural work and includes site preparation, excavation, drilling, soil or seismic investigation, the supply of products and materials and the supply of equipment and machinery incidental to the construction, and the installation and repair of fixtures of a building, structure or other engineering or architectural work;

"Contract" means a binding agreement between two or more parties that creates an obligation to provide or sell goods or perform services;


Page 4 of 55 145

l Bill 130 as amended by By-Jaw No. :/·fi7-20-1-J..

"Council" means #teThe Council of meThe Regional Municipality of Niagara;


"Department Commissioner" means the Commissioner of the Department making the Purchase.

"Department Representative" means a position authorized in writing by the CAO or Department Commissioner to puFChasefor the Purchase and Disposal of Goods and/or Services up to the value of their prescribed signing authority and which written authorization must be filed with the Manage-~Fefta-&iH@

..... ---Sei:vle.e.sDirector of Procurement and Strategic Acquisitions;

"Designate" means a person authorized in writing to act on behalf of another during his or her absence, which written authorization has been filed with the Manager of PUfGl::tasing Ser-vic-esDirector of Procurement and Strategic Acguisitions; only a person holding a position no lower than one level below in the Corporation's reporting structure may be authorized to act as a Designate;

"Director" means the director of a division within a Department, his or her Designate or any successor position thereto;

"Director of Legal and Court_Services" means the Director of Legal and Court Services of the Corporation, his or her Designate or any successor position thereto;

"Disability" or "Disabilities" shall have the same meaning as set out in the Ontarians with Disabilities Act, 2001, or any successor legislation thereto;

"Disposal" means the selling, trading, assignment and/or scrapping of BttFF*ts asset-s-Surplus Assets;

"Fair Market Value" means the price that would be agreed to in an open and unrestricted market between knowledgeable and willing parties dealing at arm's length who are fully informed and not under any compulsion to transact;

"Fairness Monitorii means an independent third garty to observe all or gart of a Bid Solicitation 12roces§ and provide related feedback on fairness issues;

"Formal Bid Process" means the process for receipt of Bids, as outlined In Section 21;

"Goods"- means, in relation to procurement, moveable property (including the costs of installing, operating, maintaining or manufacturing such moveable property), including raw materials, products, equipment and other physical

Page 5 of 55 146

I Bill 130 as amended by By-law No. ·1().7-2043.

objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract;

Page 6 of 55 147

I Bill 130 as amended by By-law No. -'f.o+-2():1-3.,

"In House Bid" means a Bid made by one or more employees of the Corporation, which process has been authorized by Council, submitted in response to a Bid Solicitation, where the provision of the Goods and/or Services will be provided by the employees of the Corporation;

"Lobbyi119" means the advocacy of an interest that is affected, actually or potentially by the Bid Solicitation process or individuals involved in the Bid Solicitation process including seeking to influence the outcome of the Bid Solicitatio0 process or subsequent Award.

"Lowest Compliant Bid" means the Compliant Bid that would provide the Corporation with the desired Goods and/or Services at the lowest cost;

"Manager" means an employee of the Corporation holding the position of manager;

"Negotiation" means a purchasing method whereby the Corporation may negotiate directly with one or more Suppliers with the intent to award a Contract or extend an existing Contract;

"Procurement and_ Strategic Acquisitions" means that part of the Corporate Services Department and any person with the delegated authority under Section 4. (d) of this By-law, responsible for the Purchase and Disposal of all Goods and/or Services for the Corporation and for the administration of this Bv-law;

"Professional Services" means those services requiring the skills of professionals for a defined service requirement including but not limited to,

(i) architects, engineers, designers, surveyors, geoscientists, project managers, financial consultants, auditors, accountants, and medical professionals such as doctors, dentists and lawyers;

(ii) firms or individuals having specialized competence in environmental, planning or similar disciplines; and,

(iii) software consultants and any other persons providing similar services;

"Purchase" means to acquire Goods andlef Services by purchase, rental, lease or trade, including Construction;

"Purchase Order" means a written confirmation of the f)-tl-fGl:ta-sePurchase of Goods and/or Services at a specific cost.:.....;

Page 7 of 55

148

J Bill 130 as amended by By-Jaw No. -1-0+-2.0-1-3-,

I -- .

"Purchase Requisition" means a request for Goods and/or Services for which the Budget has been approved, prepared by a Department and sent to the ~ta&fA-§ Services-GivfsiooProcurement and Strategic Acquisitions;


£!?uret:ias·i·Ag--S.e.r-viee-s'.-'---A'tea-A-S---t.fiat----pafl-0f---tl:te-·-·G0r-per-ate--Servf.ee.s GEJFIBFl:meR-t-ffisfJeFr&i-bfe-fB~FGfi.as+Ftg-ati-G-ee d s and/or Servi ce&-fer--tl;-e ~Ff>&Fa-OOfl--aRITT~-r-tWAfati.oo--e-f-#ti~w.;

"Quotation" means a binding statement of price, terms of sale and description of Goods and/or Services offered by a Supplier;

Page 8 of 55 149

\ Bill 130 as amended by By-law No. 4c+-:20-n.

"Request for Expression of Interest" or "RFEOI" means a public request made by the Corporation seeking responses from potential Suppliers for the purposes of compiling a list of Suppliers who may be interested in providing Goods and/or Services to the Corporation from time to time. Receipt of an expression of interest by the Corporation does not create any obligation between the potential Supplier and the Corporation, but may be a precondition to qualifying for subsequent Bid Solicitations issued by the Corporation;

"Request for Pre-Qualification" or "RFPQ" means a public request by the Corporation seeking submissions outlining the experience, financial strength, education, background and significant personnel of potential Suppliers who may, from time to time, qualify to supply Goods and/or Services to the

--Corporation;

"Request for Proposal" or "RFP" means a public request for proposals by the Corporation made in accordance with Section 16 of this By-law, seeking proposals to supply Goods and/or Services which may or may not result in an Award by the Corporation;

"Request for Quotation" or "RFQ" means a request for Quotations by the Corporation for the provision of Goods and/or Services made in accordance with Section 14 of this By-law;

"Request for Tender" or "RFT" means a public request for Tenders by the Corporation made In accordance with Section 15 of this By-law;

"Services" means intangible products that do not have a physical presence and includes Professional Services. No transfer of possession or ownership takes place when services are sold, and they: (1) cannot be stored or transported; (2) are instantly perishable; and (3) come into existence at the time they are bought and consumed;

"Single Source" means the non-competitive procurement process to acquire Goods and/or Services from a specific supplier even though there may be more than one Supplier capable of delivery of the same Goods and/or Services;

"Sole Source" means there Is only one source of the Goods and/or Services that meets the requirements of the Corporation;



Page 9 of 55 150

I Bill 130 as amended by By-law No. 40+-20-13.

I -·

(ii) an event that, unless immediately addressed, is likely to cause significant loss or damage to property;

(iii) an event that has disrupted any essential service that needs to be reestablished without delay; or

(iv) an emergency as defined in the Emergency Management Act, R.S.O. 1990, c. E.8, as amended, or any successor legislation thereto;

"Specialized Services" means those services requiring the skills of trades including, but not limited to electrical, mechanical, drywall, painting, HVAC, roofing, plumbing, electronics, and insulation;

- - - ''Substantive Objection" means a written objection provided to ~ ServicesProcurement and Strategic Acguisitions from a Supplier with respect to a-Sid Solicitation giving specific reasons for the objection;

"Supplier" means any individual or organization offering Goods and/or Services including but not limited to contractors, consultants, vendors and service organizations;

"Su.mJus Assets" means Goods, stocks and other asset.2.t._which ~ obsolete, damaged or surplus to that Department's needs.

"Tender" means a written detailed offer from a Supplier to supply Goods and/or Services to the Corporation;

!£'.f..feas1:1re~-t-A-e-+reas+.:lfer of the GeFjaoration, or l=ils-or-her Qe-slgHaW, BAG

!!...l=w-G-E-RVeie-!;}e-M-e-tOO~~n-IB&~-0-8--Request fer P-r-ef>e-sal-wfi-fci:l-ffiquires the submission in separate-lak:l-eft.velep-e-s,where-#re BiG-ts-€-val~&-E>ll-tl-ifl.e4-if1-Sl:1 b section 1 @\e).

(b) Schedules "A", "B" and "C" attached hereto form part of this Bywlaw.

Page 10 of 55 151

I Bill 130 as amended by By-law No. 407-2043.

APPLICATION


(b) The Methods of Purchasing set out in Sections 10 to 21, and the Reporting Procedures set out in Section 23, shall not apply to the fH:1-F€RasePurchase and Disposal of those Goods and Services outlined in Schedule "A".

(c) This provision provides authority for the 'f*lFGhasePurchase of Goods and - ·Services outlined in Schedule "A" as long as the funding is available in the

Budget.

Page 11 of 55 152

I Bill 130 as amended by By-law No. -'f.o+-2()4.3-,

(d) Any Contracts necessary to complete the J9-l:ffBRa&e.Purchase of Goods and/or Services outlined in Schedule "A" shall be signed by the appropriate Document Execution Authority for "Single Source" as set out in Schedule "C", up to the prescribed limits provided that:

(i) the Contract has been prepared in a form satisfactory to the Director of Legal and Court Services;

(ii) any financial securities and insurance required under the Contract are satisfactory to the Director of Legal and Court Services; and

(iii) -funding is available in the Budget.

RESPONSIBILITIES AND AUTHORITIES

4. (a) The Commissioner of Corporate Services/Treasurer shall have all the necessary authority to administer this By-law and to carry out his or her duties on behalf of the Corporation.

(b) P-8-FB-l::i-a-si~Procurement and Strategic Acquisitions is responsible tBfor and shall have the authority to:

(i) acquire or dispose of Goods and/or Services;

(ii) call, receive, open and review Bids;



(v) -establish, through consultation with the user Department and Director of Legal and Court Services, the terms and conditions of Bid Solicitations;



(viii) establish, through consultation with the Director of Finance, policies and procedures to support the Corporation's Purchasing Card Policy #C3.P05, as may be amended.

Page 12 of 55 153

I Bill 130 as amended by By-law No. -1-0.7--20-1~

(ix) act on behalf of the Corporation, the Niagara Regional Police Services Board, and from time to time, other boards and agencies, for the purposes of the Purchase or Disposal of Goods and/or Services;

(x) ensure open, fair and impartial Purchasing processes for Goods and/or Services which could include the services of a Fairness Monitor;

(xi) ensure compliance with this By-law and advise the Commissioner of Corporate Services/Treasurer when there has been non-compliance. The Commissioner of Corporate Services/Treasurer shall take appropriate action to address and correct any non-compliance;

(xii) develop co-operative purchasing plans with other units of government or their agencies or public authorities, where deemed beneficial to the Corporation; and

(xiii) promote the standardization of Goods and/or Services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law.

(c) The P-l:lfGA-a-sffi.§-Ma-Fia§BfDirector of Procurement and Strategic Acquisitions, with the written approval of the Commissioner of Corporate Services/Treasurer, may delegate to an employee or employees, all or part of the authority in Subsection 4(b) above, which authority may be limited to a particular type of Goods and/or Services.


Page 13 of 55 154

I Bill 130 as amended by By-law No. 4()..74()43":

(e) Department Representatives will also have the following specific responsibilities:


(Ii) preparing and approving all specifications and terms of reference in consultation with P-umFl-aslH@--Ser-v~.ae.sProcurement and Strategic Acquisitions;

(iii) managing Contracts to ensure Goods and/or Services are received by the Corporation and comply with Contract terms and conditions;

- ··- - (iv) monitoring all Contract expenditures and ensuring that all financial limitations have been complied with and that all accounts are paid within the times set out in the Contract;

(v) monitoring the performance of Suppliers;

(vi) standardizing the use of Goods and/or Services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law; and

(vii) ensuring that all Goods and/or Services p·l::!fooaseEl-Purchaseg__gr Disposed have been received and recording receipt in the form prescribed by Purchasing Serv+oosProcurement and Str91§...qjQ Acquisitions.

REQUIREMENT FOR APPROVED FUNDS

5. (a) The exercise of authority to award a Contract is subject to the __ Identification and availability of sufficient funds in appropriate accounts __ within the Budget.

(b) Where Goods and/or Services are routinely purchased or leased on a multiyear basis, the exercise of authority to award a Contract is subject to the following:

(i) the identification and availability of sufficient funds in appropriate accounts for the current year within the Budget;

(ii) the Goods and/or Services will continue to be required in subsequent years and, in the opinion of the Commissioner of Corporate Services/Treasurer, the required funding can reasonably be expected to be made available; and

(iii) the Contract includes a provision that the supply of Goods and/or

Page 14 of 55 155

Services in subsequent years is subject to the approval by Council of the Budget estimates to meet the proposed expenditures.

Page 15 of 55

156

I Bill 130 as amended by By-law No. -1-0l--204-3-.

TRADE AGREEMENTS


(b) Where an applicable trade agreement ~El-e-ssupersedes and is in conflict with this By-law, the trade agreement shall take precedence.

(c) ~asH:1~efvi-ee-sProcurement and Strategic Acquisitions shall advise the appropriate tJ.e-p-ar:tR:.i-effiQ§Qartment Commissioner when a fJ-blfGhasePurchase may not conform to an applicable trade agreement as early as possible in the P-ttrohB-s+~Bid Solicitation process.

ADVERTISING OF PtJ.R.G-~R-WNJ+les. BID SOLICITATIONS

7. (a) Purchases exceeding $100,000 for Goods and/or Services and $250,000 for Construction shall, as a minimum, be advertised:

(i) on the website for the Corporation and/or a website authorized by P~Procurement and Strategic Acquisitions for posting bid calls, from the date that the Bid Solicitation is issued up to and including the date on which the Bid Solicitation closes; and/or

(ii) one time, at least seven (7) calendar days before the Bid Solicitation closes, in a local newspaper that has a daily circulation within the Regional Municipality of Niagara.

(b) Any person Involved in Purchases may advertise Purchases for lesser amounts if he or she determines that it is in the Corporation's best interest to do so.

(c) No additional advertising is required for Purchases where bidders have been previously pre-qualified in accordance with this By-law.

(d) Advertising is not required for services that may be provided only by any of the following licensed professionals: medical doctors, dentists, nurses, pharmacists, veterinarians, engineers, land surveyors, architects, accountants, lawyers, paralegals and notaries.


8. (a) The use of standard Bid documents shall be approved by P-H?Gha&k+g -Sefv+ee-sPr9curement and Strategic Acquisitions and/or Legal_E.nd . Court Services.

(b) A Bid Solicitation may specify a specific product or brand name to ensure

Page 16 of 55 157

I Bill 130 as amended by By-law No. ::f-fJ.'7--2-043-.

consistency, to minimize risk to the Corporation, or for other valid purposes.

(c) All changes to standard Bid Solicitations and Contracts shall be reviewed and approved by the Director of Legal and Court Services.

(d) Before issuance, all Bid Solicitations shall be reviewed by Purchasing SeFViee-sProcurement and Strategic Acguisitions.


9. (a) Any person ~ffiB~Purchasing or Disposing Goods and/or Services on behalf of the Corporation shall do so using one of the following methods of

. -------R-urchasing set out in Sections 10 to 20 ("Methods of Purchasing"). - The methods may be utilized individually or in combination with one another, as may be appropriate in the circumstances.

(b) All Methods of Purchasing, except for the exemptions in Schedule "A" and Low Value Purchases, shall be conducted through or reviewed by .P-t1-r-e-R-asif:t§ ~+se-sprocurement and Strategic Acquisitions.

REQUEST FOR PRE-QUALIFICATION G-r:--AG-GEP-r-ABk~

10. (a) tdtlf~viGe-sProcurement and Strategic Acguisitions may conduct a Request for Pre-Qualification to develop a list of Suppliers that may be eligible to submit a Bid on subsequent Bid Solicitations or to develop a roster in accordance with Section 20.

(b) Pre-qualification may be considered in the following circumstances:

(i) the work will require substantial project management by the Corporation and could result in substantial cost to the Corporation if the Supplier is not appropriately experienced;

(ii) the Goods and/or Services to be purchased must meet national safety standards;

(iii) the work involves complex, multi-disciplinary activities, specialized expertise, equipment, materials or financial requirements;

(iv) miscellaneous repairs and services as required by the Corporation such as plumbers, electricians, and drywall contractors;

(v) there could be substantial impact on the Corporation's operations if the work is not satisfactorily performed the first time; or

(vi) any other circumstances deemed appropriate by the Pti-FGhasiA§

Page 17 of 55 158

I Bill 130 as amended by By-law No . .:f-0:!~

MaABfJBFDirector of Procurement and Strategic Acquisitions.

( c) An RFPQ shall be provided to the potential Suppliers setting out the criteria for pre-qualification which may include, but are not limited to:





(v)-__ Jinancial capability

(d) Supplier submissions will be evaluated and ranked and a short list of pre~ :qualified Suppliers will be invited to participate in the second step of the twostep Purchasing process, being a Request for Proposal or a Request for Tender.

(e) An RFPQ is not a legal offer but only an invitation for Suppliers to make offers to the Corporation.

(f) All RFPQ's shall be conducted in accordance with submission instructions in the Bid -Solicitation and Section 7 of this By-law.

REQUEST FOR EXPRESSIONS OF INTEREST

+:h----P-ttr-ef:i-a-&iRg-SePAees·11. Procurement and Strategic Acquisitions may conduct a Request for Expression of Interest for the purpose of determining the availability of Suppliers and for the purpose of compiling a list of Suppliers and may be used as a specific pre-condition of any Method of Purchasing utilized by the Corporation. The receipt of an expression of interest by the Corporation does not create any obligation between the potential Supplier and the Corporation.

LOW VALUE PURCHASES (UP TO $10,000 EXCLUDING TAXES)

12. Department Representatives are authorized to procure Goods and/or Services up to a total value of $10,000, excluding taxes. Only purchases that can be demonstrated to have been made at Fair Market Value shall be made. Department Representatives may procure Goods and/or Services through the following means:

(a) Purchasing Card used in strict accordance with the Purchasing Card Policy as determined by the Commissioner of Corporate Seryices/Treasurer;

Page 18 of 55 159

I Bill 130 as amended by By-law No. 4-07--204-3.



INFORMAL QUOTATIONS (PURCHASES GREATER THAN $10,000 AND NOT EXCEEDING $25,000 EXCLUDING TAXES)

13. (a) For purchases with a total value greater than $10,000 and not exceeding $25,000, excluding taxes, an Informal Quotation method shall be utilized. If

··--··--possible-,-at least three (3) written Quotations shall. be solicited, analyzed and the results tabulated by either P-blrellasing ServicesProcurement and Strategi..Q Acquisitions or the Department Representative. Quotations received shall be evaluated on price and the criteria outlined in the quotation request to determine the preferred Supplier.

(b) The Purchase Requisition shall be prepared by the Department Representative, for signature and approval in accordance with the Purchasing Authorities set out in Schedule "C".

(c) The Department Representative shall forward the approved Purchase Requisition complete with copies of the fe~fR-f9fmailnformal Quotation and the submitted Quotations to P-urohasi~Procurement and Strategic Acquisitions and request that Purchasing Servi·cesProcurement and Strategic Acquisitions reviews for compliance and issue a Purchase Order to the preferred Supplier.

tEl-)--- Puml:ta-sffi-§-Ser-viGe-S(d) Procurement and Strategic Acquisitions shall issue a Purchase Order when it has received all approvals and documents required by the Request for Informal Quotation and Subsection 13(a) of this ~By-law.

REQUEST FOR Q-k~QUOTATION (PURCHASES GREATER THAN $25,000 AND NOT EXCEEDING $100,000 EXCLUDING TAXES)

14. (a) For purchases with a total value greater than $25,000 and not exceeding $100,000, excluding taxes, a Request for Quotation may be used to Purchase and shall be issued by P-1::1-FGR-a-s~FV-i-Ge-sProcurement and Strategig Acquisition~.

(b) The Department Commissioner or Department Representative shall provide to ~~F¥iBBB-Procurement and Strategic Acquisitions the relevant information such as specifications, provisions, plans and supplemental general conditions for the purchase.

Page 19 of 55 160

I Bill 130 as amended by By-law No. 4-o+-2-fJ43.

~c) Pt+FGA-as~s(c) Procurement and Strategic Acquisitions shall conduct the Bid Solicitation using a list of Suppliers compiled by the Department Representative and P-hlFeAa&H:t@~r:vteesProcurement and Strategic 6_9_guisitions.

(d) If possible, at least three (3) Quotations shall be solicited by P..ureha&ift§t &er-iAeesProcurement and Strategic Acgui~itions, analyzed and the results tabulated.

(e) All RFQ's shall be conducted by P.lffefi.a.sing SeFV+ees-Procurement and Strategic Acguisitions in accordance with Section 21.


(g) Bids received shall be analyzed and evaluated by the Department Representative and P.1::1-~f'.Vioos.Procurement and Strategic Acquisitions using the criteria outlined in the Bid Solicitation.

(h) Where an award is recommended, the Bid Approval Report will be prepared by Pt!fGAas+~-i-GesProcurement and Strategic Acquisitions. or the Department Representative, for signature and approval in accordance with the Purchasing Authorities set out in Schedule "C".

REQUEST FOR +E~TENDER (PURCHASES GREATER THAN $100,000 EXCLUDING TAXES)

15. (a) For purchases with a total value greater than $100,000, excluding taxes, a Request for Tender shall be issued through ~.Jtasing SeFvieesProcu..r_ement and Strategic Acguisitions provided that all of the following conditions apply:

(i) two (2) or more sources are considered capable of supplying the Goods and/or Services;

(ii) the Goods and/or Services are adequately defined to permit the evaluation of Tenders against clearly defined criteria; and

(iii) it is intended that the Lowest Compliant Bid will be accepted .

.QJJ_(b) The Department Commissioner or Department Representative shall provide to .PtJ.ffil:ta.si~~BeSProcurement and Strategj,Q AcguisitiO[lf:?. the relevant information such as specifications, provisions, plans and supplemental general conditions for the ~Purchase .

.(QL(o) All RFT's shall be conducted in accordance with Section 21.

Page 20 of 55 161

I Bill 130 as amended by By-law No. 407-2-0-1.1-:

@_{Gj--All RFT's shall be advertised in accordance with Section 7 except where a list of pre-qualified Suppliers has been compiled in accordance with Section 10.

L€Z}_{ef--Where an RFPQ has previously been conducted, only pre-qualified Suppliers shall be notified and Bids shall only be accepted from pre-qualified Suppliers.

ifLJf}---Any Bid irregularities shall be dealt with in accordance with Schedule "B".

{g_)_(g) The Bid Approval Report shall be prepared in accordance with Section 23.

Page 21 of 55 162

I Bill 130 as amended by By-law No. 407-2043,

(h) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "C" and all Contracts shall be siqnfilLJn accordance with the Document Execution Authorities set out in Schedule "C".

fh-)---·Al-1-P-HfGA-&se&--&1:1-aH-&e-alliAer~d--i-A-a-eOOfEl-anee-wi-th-tA-e-P--l:l-r-Gf'i.a·s~~ Au#te-F+tie&-Bef-0-1:! t in s ~te_::~Rf.l-a!-l-Ge-R.fraet~ti-fte--stg.A-eEl-i-R aeOOfda~A e Documefl-t...e.~ewtie-A-Autoor+8es-set-et1t in Schoo-u.~

REQUEST FOR .P-R-GPOSAbSPRpPOS~~ (PURCHASES GREATER THAN $10,000 EXCLUDING TAXES)

16. £a) A Request for Proposal shall be issued through P-ti-rBAasJ.P.:fj SBf\Aees.Procurement and Strategic Acquisitions where the Method of P-urchasing meets.one or more of the following criteria:

(i) the Purchase is required as a result of a particular problem, requirement or objective;

(ii) the selection of the Supplier depends more upon the effectiveness of the proposed solution, rather than the price alone;

(iii) the precise Goods and/or Services, or the specifications therefor, are not known or are not definable and it is expected that Suppliers will further define them.

(b) The Department Commissioner or Department Representative shall provide to P-u.r0ITT¥'..,+A-§--g.8-PJ.i.eesProcurement and Strategic Acquisitions the relevant information such as specifications, provisions, plans and supplemental general conditions for the Purchase.

(c) A Request for Proposal may be reviewed by Regional Council before it is As-fl, .en-Gled issued where, at the discretion of the CAO and/or the Department

F-W,-2~1.J Commissioner, the Goods and/or Services to be acquired meet one or more of · io+--W43 the following criteria:

(i) Significant value (i.e. exceeding the CAO's execution authority of $5 million;

(ii) Significant public importance;

(iii) Significant complexity or specialization;

(d) Pufffiasi.Rg-Sewise-sprocurement and Strategk_bcqulsitlons shall conduct the Bid Solicitation.

(e) RFPs may require Suppliers to submit a Bid in :t-we-~firmjy sealed gmarstEl envelopes (+we-E-Avete-pB-M·etA~~e--f+F&t--e-Avel-e-[3B-Wfllwhich shall contain

Page 22 of 55 163

I Bill 130 as amended by By-law No. :f-07-2-0-1-3,

~~sai-aA4--eeff:)GFatetechnical, financial and key per-seooei tfUB-H-OOa#e~~e-ar:rtt-afry-other teeAAfsa.1-feqti+rem-effis e-J:information as prescribed in the Bid Solicitation. +he seeeR-€1--e-r~ Gf.t-Ftt-a-i-R-t.fie.--pfe-~e-fef-tf:te serviees, ar-tEl-wl-11 only be OfIBABEl-OOB€--tf-te Efl::J-al-ita-tive--a-na-1.ysis has been comp~eteEJ...

Page 23 of 55

164

I Bill 130 as amended by By-law No. -1-0-7-204-3-t

(f) All g+El-sRFPs will be evaluated based on the evaluation criteria outlined in the Bid Solicitation by an evaluation team OOB&i-&tffi§.which shall comprise of m-e-Ff1B-8f&-Gf--tR-e--i:eEJ·ld~at least one Department Re12resentatives and ·P-l:H4as+A@-SBFV+ee-sone regresentative from Procurement anq Strategic Acquisitions.

(f-)----gl_RFPs shall be conducted by PHr--c--Aas1-Ag-8e-P.4eesProcurement and Strategic Acquisitions in accordance with Section 21.

(§-)--hL__RFPs shall be advertised in accordance with Section 7, except where a list of pre-qualified Suppliers has been compiled in accordance with Section 10.

O:rD Any Bid irregularities shall be dealt with in accordance with Schedule "B".

(+i) The Bid Approval Report shall be prepared in accordance with Section 23.

ti.LB-) AH Pwrehases shall be authorize€! in aoeordanee 'Nith the Purnhasiffft ~~tioo sot out in Sohedwle "C" and al~Gentraots shall l@o signeti=if;f aooerdaneo with the Docwmont E}moution /\uthofffies sot out in Soooobllo "G"+

Page 24 of 55 165

I Bill 130 as amended by By~law No. 44+-2-0-1.J.,

(k) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "C" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule "C".

SPECIAL CIRCUMSTANCE PURCHASES

17 .. a) Purchases that are required to respond to a Special Circumstance shall be authorized in accordance with Schedule "C". All such purchases must be reported to P-urcha~-ervicesProcurement and Strateqic Acquisition~ on the following business day.

b) Contracts required to effect Special Circumstance purchases shall be signed in ·- -- accordance with the Document Execution Authorities set out in Schedule "C".

SINGLE SOURCE PURCHASES

18. (a) Bid Solicitations are not required for Single Source Purchases, provided that any of the following conditions apply:

(i) (ii) the compatibility of a Purchase with existing equipment, product standards, facilities or service is a paramount consideration;

fHBUiLa Good or Service is l*tffiA-aseeJ.Purchased for testing or trial use;

fWJillD.Jhere is an absence of competition for technical reasons and the Goods and/or Services can only be supplied by a particular Supplier a Sole Source is being recommended;

Page 25 of 55 166

I Bill 130 as amended by By~law No. 40-7-20-1-3.

(-v·Ki.y.Lan unforeseeable situation of urgency exists and the Goods and/or Services cannot be obtained in time by means of open procurement procedures;

(vij{~_the Corporation has a rental contract with a purchase option and such purchase option is beneficial to the Corporation;

fviBl.Yllfor matters involving security, police matters or confidential issues, in which case a f}l::l-FBft.asePurchase may be made in a manner that protects the confidentiality of the Supplier or the Corporation;

{-vffi-)( vii) there are no bids in response to a Bid Solicitation;

ft*t1..0ill_a roster for Professional Services has been developed in accordance with Section 20 of this By-law.



NEGOTIATION

19. (a) Notwithstanding that Negotiation may be a component of another procurement process, Negotiation may be used for }1urchasesPurchases of Goods and/or Services when any of the following criteria apply:

(i) the required Goods and/or Services are in short supply;

(ii) competition is precluded due to the existence of any patent right, copyright, technical secret or control of raw material;

(iii) a Sole Source is being recommended;

(Iv) two (2) or more identical Bids are received;

(v) the Lowest Compliant Bid received meeting all specifications exceeds the Budget amount;


(vii) only one (1) Bid Is received In response to a Bid Solicitation;


Page 26 of 55 167

I Bill 130 as amended by By-law No. 4-07-2-043.





ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES

20. (a) An RFPQ or an RFEOI may be conducted for the purpose of developing a roster of qualified Suppliers of Professional or Specialized Services for groups of projects requiring similar and particular expertise. While the use of a roster is strictly optional, the associated RFPQ or RFEOI shall be conducted in accordance with the provisions of this By-law.

(b) The Department Representative shall provide to fd-l::l.ref.ta.s~ -S€wi-ee-s.Procurement and Strategic Acquisitions. the relevant information regarding the Professional Services and required expertise.

fe-)--P-urohasffi§-Sei:vfees(c) Procurement and Strategic Acquisitions will prepare the RFPQ or RFEOI, inviting interested Suppliers to submit Bids outlining, among other things, their qualifications, availability, recent project experience, key personnel and roles, and sufficient references satisfactory to the Purchasin§--MaA-a§JefDirector of Procurement and Strategic Acquisitions for work of a similar nature.

(d) An evaluation team consisting of members of the requesting Department and f4wehasJ.nV-SefviBe.sProcurement and Strategic Acquisitions shall analyze and evaluate the responses received using the criteria outlined in the RFPQ or RFEOI to select a number of qualified Suppliers of Professional or Specialized Services which shall be placed on a roster.

(e) On subsequent projects, Suppliers of Professional or Specialized Services may be selected from the roster to submit detailed proposals in response to a Bid Solicitation, in accordance with Sections 12 through 16 of this By-law. The requesting Department shall invite Suppliers on the roster to provide Services, using best efforts to equally distribute opportunities amongst the Suppliers on the roster.

(f) Alternatively, a Supplier may be selected from the roster to submit a Bid for Professional or Specialized Services in accordance with Section 18 or 19 of this By-law.


Page 27 of 55

168

I Bill 130 as amended by By-law No. 4-07-2.()43..

FORMAL BID PROCESS

21. (a) All Bids (with the exception of submissions in response to Requests for PreQualification~ and Informal Quotations) shall be received by the Regional Clerk or P-t1nc3fi-a-&iH§·-8-ePffGe&Procurement and Strateglc Acguisitions, in accordance with the instructions in the Bid Solicitation, and opened in public at the time and place stated in the Bid Solicitation.

(b) ~A+Rg of a+l--Bi4s--sl+al-l-~'1tt-~[*&"~-t~em-L-egal ~yfGe.s-a.~1:..P.~e-Wefk-s-&F·P-tH1~AASe&:

{Bj---Bids ... received- wl:Heh---eern·f.>ty-wi-tA--th~s-By-baw-shall be opened .. and the Suppliers name and the Bid amount(s) shall be read aloud and recorded unless the contents of a Bid envelope require validation in which case, the Bid will be reserved. If the reserved Bid is determined to be valid, a continuation o~ the Bid opening will be scheduled. If the reserved Bid is determined to be deficient, a continuation of the Bid opening will not be scheduled and th~ results of the Bid opening will be posted. When the Bid Solicitation is for registration purposes, only the Supplier's name will be read aloud and recorded.

(€1-_g) When only one (1) Bid is received, only the Supplier's name shall be read aloud. The Bid amount shall not be read aloud.

fe-) {Q2 Bid Irregularities shall be administered in accordance with Schedule "B".

CO-OPERATIVE PURCHASING

22. The Commissioner of Corporate Services/Treasurer may enter into arrangements with any government body, ministry, agency, board, corporation or authority on a cooperative or joint basis for fltl-fChasesPurchases of Goods and/or Services where there are economic advantages in so doing and such ftl;:lfGAase-sPurchases comply with this By-law.

REPORTING PROCEDURES

23. (a) Prior to any Award, a Bid Approval Report shall be prepared by P-uFBl::iwt:t@ -SBMee-sProcurement and Strategic Acquisitions or the Department Representative, signed and authorized in accordance with the Purchasing Authorities set out in Schedule "C".

(b) At least quarterly, the Commissioner of CorQorate Services/Treasurer shall submit reports listing all f:)-tJfGJ:tase&-ef-GeeEl-s-a-Ad SeFVh?es threH@R-BklSe+isi-t:atie-n·& Awards following the Sections 14. to 20. inclusive, in excess of $25,000 for information to Committee and Council, ~AaJ;}e.tf&'t+and shajl

Page 28 of 55 169

I Bill 130 as amended by By-law No. 4o+-2-043.

includel but not limited to listing of Suppliers, total award, amount budgeted for the Purchase and description of Goods and Services.





(iii) the recommended Award is .not the Lowest Compliant Bid.


25. Employees or officers of the Corporation identified in Schedule "C" (Document Execution Authority) shall have the authority to execute Contracts and all other documents necessary to effect the Award or -13wrehasePurchase of Goods and/or Services, up to the prescribed limits, provided that the documents have been prepared in a form satisfactory to the Director of Legal and Court Services and that the Award or pmchasePurchase complies with this By-law.

FINANCIAL SECURITIES AND INSURANCE

26. (a) P-w.rchasin§-S.ervicesProcurement and Strategic Acquisitions may require that a Bid be accompanied by a Bid Deposit or other similar security to guarantee that the successful Supplier enters into a Contract with the Corporation.

(b) In addition to the security referred to in Subsection 26(a), the successful Supplier may also be required to provide:

(i) a Performance Bond to guarantee the performance of the Contract;

(ii) a Labour and Materials Bond to guarantee the payment for labour and materials to be supplied in connection with a Contract; and/or

(iii) such further security as ~rchasing SSPAeesProcurement and Strategic Acquisitions deems appropriate in the circumstances.

(c) Prior to the commencement of work, the Supplier shall provide to the Corporation, proof of insurance in accordance with the Bid Solicitation, satisfactory to the Director of Legal and Court Services.

(d) Failure to comply with all terms and conditions of a Bid Solicitation, including

Page 29 of 55 170

I Bill 130 as amended by By-law No. 4.fJ+-20-1-3-:

failure to provide proof of insurance as required, shall be just cause for cancellation of the Award.

(e) Prior to the Corporation issuing payment to a Supplier, the Supplier shall provide a Certificate of Clearance from the Workplace Safety and Insurance Board confirming all premiums or levies have been paid to the Board to date.

Page 30 of 55 171

I Bill 130 as amended by By-law No. 407-2043.-

BID IRREGULARITIES


FORM OF CONTRACT


(b) A Purchase Order may be used when the resulting Contract is straightforward and will refer to the Corporation's standard terms and conditions outlined in the Bid Solicitation.

(c) A formal written agreement satisfactory to the Director of Legal and Court Services shall be used when the resulting Contract is complex.

(d) It shall be the responsibility of ~-s+~Procurement and Strategk Acquisitions in consultation with the Director of Legal and Court Services to determine if it is in the best interest of the Corporation to establish a formal written agreement with the Supplier.

(e) When a formal written agreement is required, .P-L+fBl::l;¥..riftg SBi:v+eesProcurement and Strategic Acquisitions may also issue an internal Purchase Order for record and payment purposes.

SUPPLIER PERFORMANCE

29. (a) The Department Representative shall monitor and document the performance of Suppliers providing Goods and/or Services to that Department and shall advise -Ptffgf.1~wiBBBProcurement and Strategic Acquisitions in writing when the performance of a Supplier has been unsatisfactory.

(b) The ~Corporatio11 may, in its sole discretion, disqualify a Supplier from bidding on any Bid -Solicitation or reject a Bid if a Supplier:

(i) has, at any time, threatened, commenced or engaged in legal claims or litigation against the Corporation;

(ii) is involved in a claim or litigation initiated by the Corporation;




Page 31 of 55 172

I Bill 130 as amended by By-law No. -1-{)l-2{}4:J.

(vii)

provides incomplete, unrepresentative references, or receives unsatisfactory external and/or internal references in a reference check undertaken by Regional Staff,

has engaged in conduct that leads the Corporation to determine that it would not be in the Corporation's best interests to accept the Bid.

-DISPUTE RESOLUTION

30. (a) The Corporation encourages competitive bidding and an open, accountable - -- - - and transparent process for the Purchase of Goods and/or Services ..

(b) To maintain the integrity of the Bid Solicitation process, Suppliers who believe they have been treated unfairly in a Bid Solicitation process shall submit a Substantive Objection to the PB-!=eRasln§-Ma-RagerDirector of Procurement and Strategic AQ.Quisitions providing sufficient detail regarding fu-etheir complaint. within:

(i} 7 days from the conclusion of the Bid opening process for Request for .Quotations or Request for Tenders.

(ii) 7 days of the Supplier being notified of the results of a Request for Pre~Qualification or Reguest for Expressions of Interest or Reguest fo1 Progosals.

(c) The µtJrchaslR-g Manager:Director of Procurement and Strategic Acquisitions will arrange a debriefing with the Supplier to explain the evaluationBig Solicitation process that led to the selection of the successful Supplier.

(d) The µl:lfffia&H:l§-MooagBFDirector of Procurement and Strategic Acquisitions will investigate the complaint and will make a recommendation to the Commissioner of Corporate Services/Treasurer, CAO or Council, as appropriate.

(e) To ensure that the oo~Dispute Resolution process for the particular Bid Solicitation process is seen to be fair and impartial, elected officials shall -not advocate on behalf of Suppliers who have submitted a Substantive Objection.

E-f-Ksil..Should a Supplier continue to have concerns respecting the Award and the decision, the Supplier may then request, in writing to the Commissioner of Corporate Services/Treasurer, a mediator, to assist in resolving any outstanding issues between the Supplier and the Corporation.

Page 32 of 55 173

I Bill 130 as amended by By~law No . .:f-o+--20-1J-.

f§-1.ill_ The recommended mediator will be approved by both the Supplier and the Corporation.

ft:BillL The mediator shall make his/her best efforts to assist the parties to reach a mutually acceptable solution.

fi).(bLCosts for the mediator shall be equally shared by the Supplier and the Corporation.

ffiill_Any resolution reached through the mediation process shall remain confidential if requested by either of the parties.

LOBBYING RESTRICTIONS

31. (a) Lobbying restrictions shall applLill._Suppliers, their staff members, or anyone involved in preparing Bi4sa Sidi shall not engage in any form of political or other k:t0ti.yifl@Lobbying whatsoever or seek to influence the outcome of the f*J-FGR-as-iA§Bid Solicitation process or subsequent Award. This restriction extends to all of the Corporation's staff and anyone involved in Rreparing a Biq Solicitation or particiRating in a Bid evaluation process. and members of Council.

(b) The Corporation may reject any Bid by a Supplier that engages in such ~Lobbying, without further consideration, and may terminate that Supplier's right to continue in the purchasingBid Solicitation process.

(c) During a Bid Solicitation process, all communications shall be made through Purchasing ServiaesProcurement and Strategic Acquisitions. No Supplier or person acting on behalf of a Supplier or group of Suppliers, shall contact any elected official, consultant or any employee of the Corporation to attempt to seek information or to influence the Award.

(d) -Elected officials shall refer any inquiries about a Bid Solicitation process to the Commissioner of Corporate Services/Treasurer.

ACCESS TO INFORMATION

32. (a) The disclosure of information received relevant to Bid Solicitations or Awards shall be made by the appropriate officers in accordance with the provisions of all relevant privacy legislation including primarily the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended.

Page 33 of 55

174

I Bill 130 as amended by By-law No. 407-204-3.

(b) All Suppliers who contract with the Corporation shall adhere to or exceed the standards set in the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, or other relevant Ontario or federal privacy legislation or common law as may be passed or amended from time to time, as if they were agents of the Corporation as relates to the confidential and secure treatment, including collection, use, disclosure or retention, of personal (health) information, other confidential information of the Corporation, and all records thereof which they come into contact with in the course of performing Services or providing Goods to the Corporation.

SURPLUS ASSETS

33. (a) Directors shall submit to P-1:tr.ffitas~lee-sProcure111ent and Strategic Acquisitions from time to time and upon request, a list of fu-F~:ti-ete-&; <:Hfuij}m-effi.stB , ~eA-are obset&t~e~ te-l:fta.t~e-~e-e~Surplus Assets~~

(b) All Surplus Assets shall first be offered to other Departments within the Corporation.

(c) All Surplus Assets not required by any Department of the Corporation may then be offered to area municipalities, agencies and charitable organizations within the Niagara region prior to any public Disposal procedure.

{d) Purchasing Services(d) Procurement and Strategic Acquisitions shall have the authority to sell or dispose of all Surplus Assets, by sealed bid, public auction or any other public sale.

(e) The -&alesale of Surplus Assets shall be made to the highest bidder and in accordance with the provisions of this By-law.

(f) The respective Department shall be credited with the net proceeds, if any, from the Disposal of its Surplus Assets unless otherwise agreed.

(g) Surplus Assets shall not be sold directly to an employee or to a member of Council, although this does not prohibit any employee or member of Council from purchasing Surplus Assets being sold through a public process.

(h) Surplus Assets may be donated to non-profit agencies or non-profit institutions for educational or teaching purposes only. Donated items shall not be re-sold. All donated Surplus Assets must be approved by the Department Commissioner.

Page 34 of 55 175

I Bill 130 as amended by By-law No. 40-7-2(}43.

(i) On termination of their relationship with Niagara Region, any outgoing employee or regional councillor can request the opportunity to purchasePurchase the business laptop computer provided to them. Such f3t!-FChase-sPurchases must be approved by the Commissioner of Corporate Services/Treasurer or designate on condition that the computer be at least three years old and the purchaser must pay equal or greater than the market value as determined by the average sale price of similar computers sold over the prior six months through the public auction process or other measure acceptable to the Commissioner of Corporate Services/Treasurer.

COMPLIANCE

34; (a-)-- --All-persons involved in the ·FJ-U-rGJ:lasePurchase or Disgosal of Goods and/or Services provided for in this By-law, shall act in a manner consistent with the requirements and objectives of this By-law.

(b) GB-R-traffi&Purchases may not be divided into two (2) or more parts to avoid the requirements of this By-law.

(c) Any Goods and/or Services that are obtained in contravention of this By-law will be subject to investigation by the Corporation, following which the Corporation will take the necessary corrective action.

(d) Any employee of the Corporation who knowingly contravenes this By-law is committing a serious act of misconduct and may be held personally liable for the full value of the f)UrohasePurchase or Disposal as well as disciplinary action up to and including termination.

ENVIRONMENTALLY SOUND ACQUISITIONS

35. Departments will endeavour to include specifications in Bid Solicitations that provide for energy efficient products, reusable products and products that contain the maximum level of post-consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are competitively priced.

IN HOUSE BIDS

36. In House Bids may be used for the f*tFGl:J-&sePurchase of Goods and/or Services where:



Page 35 of 55 176

I Bill 130 as amended by By-law No. -1-0-7~241-3-:

Page 36 of 55 177

I Bill 130 as amended by By-law No . .:f.{):J:..;u;)4a.,

PROVIDING ASSISTANCE


CONFLICT OF INTEREST

38. (a) Personal f.ttlfGi:ta&esPurchases shall not be made for any elected or appointed officials, members of a board or commission, or for Corporation officers, employees or their families.

(b) An employee of the Corporation who has the responsibility for declaring Surplus Assets shall not bid on or personally obtain any goods that he or she has declared as surplus.

(c) Every elected official, appointed officer, employee of the Corporation or member of an employee's family is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any Purchase Order or Contract is, or might be awarded, any rebate, gift or money, except:

(i) gifts of a very small intrinsic value; or

(ii) moderate hospitality during the normal course of business that would not significantly exceed what the Corporation, through the employee's expense account, would likely provide in return and would not be perceived by others as influencing the making of a business decision.

(d) All elected officials, officers or employees of the Corporation shall declare any Conflicts of Interest to the Commissioner of Corporate Services/Treasurer and shall have no involvement in a 13-~Bid Solicitation process where a real or perceived Conflict of Interest has been found or deemed to exist, including, but not limited to:

-(i) --.requesting the Goods and/or Services, setting the parameters of the Purchase, -evaluating Bids or recommending, deciding or making Awards;

.(illlfH}---__ direct contact with those making those f*;lfSh-as+R§:Purchasin_g decisions, both in P.t.1ffil::tastng Se-r-¥iees--procld.J:Silllent and Strategic Acquisitions and the user Department.

Page 37 of 55 178

I Bill 130 as amended by By-law No. -147-UJ:J;J ..

Page 38 of 55 179

I Bill 130 as amended by By-law No. 4fJ.7-2-04-3-.

(e) Suppliers shall not be allowed to submit a Bid for any Bid Solicitation in which the Supplier has participated in the preparation of the Bid Solicitation, and any such Bid submitted shall be disqualified.

SEVERABILITY

39.

I -

If any Section or Sections of this By-law or parts thereof are found by an adjudicator of competent jurisdiction to be invalid or beyond the power of Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of the By-law shall be deemed to be separate and independent there from and shall continue in full force and effect unless and until similarly found invalid or beyond the power of Council to enact.

BY-LAW REVIEW

40. The Commissioner of Corporate Services/Treasurer shall review the effectiveness of this By-law at least every five (5) years and report to Council as necessary.

41. (a) By-lmv number 56 2009 o·f-.tfi&-Regi{lnal MuniciFJ-a~~-s-amendeEI, -&lm-1-J-B.&fepealed effective on the date this By law comes ~eroe.

{b) Ne.twffil-s.taooing Subsection 41 (a+,--13y law 5@-~e-Regional Munk:>i~i-ty e-f-Nfagara, as amended, snall continl::l-e-1:-e~y to all Bid ~Hei-tat-fef:ts mmef\Bed befor:e 1-ts-Fei:teak

+~GION/\L MUN+G+PALITY OF l'JIAGAR/~

Page 39 of 55 180

I Bill 130 as amended by By-law No. -1-07-204 .. :J,

Page 40 of 55 181

Bill 130 as amended by By-law No.-4-07-20-1-3.

-P--lJ-R-G-14ASl-N-GPROCU REM ENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA


Schedule "A"

The fHJ-r-Gfia&ePurchase of the items in Schedule "A" shall be made in accordance with Section 3 of this By-law.

1. Petty Cash items

2. Training and Education (a) Conferences, conventions, courses and seminars (b) Magazines, books, periodicals (c) Memberships (d) Staff Development

3. Refundable Employees Expenses (a) Advances (b) Meal Allowances (c) Travel and Entertainment (d) Miscellaneous - Non-Travel

4. Employer's General Expenses (a) Payroll Deductions Remittances (b) Medical (c) Licenses (Vehicle, Firearms, etc.) (d) Debenture Payments (e) Insurance Premiums (f) Grants to Agencies (g) Damage Claims (h) Petty Cash Replenishment (i) Tax Remittances U) Regional charges to and from other government bodies (k) Sinking Fund Payments (I) Payments for employment (m) Postage

Page 41of55

182

Bill 130 as amended by By-law No ... 4o+-204"3-:

.p .. LJH:C-HASlNGPROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA


5. Professional and Special Services (a) Committee Fees (b) Medical and Laboratory Services (c) Fees for professional legal or related expert services

Schedule "A"

(d) Payments to Social Service and Health Agencies that are subject to Purchase of Service Agreements, such as child care providers.

(e) Medical and Dental fees (f) Funeral and Burial expenses (g) Appraiser Fees (h) Witness fees

............. _(i.) _J:looorariums U) Work payments to Long Term Care Residents (k) Advertising (I) Vouchers for all expenses for Social Service Recipients

6. Ongoing maintenance and software licencing agreements for equipment such as computer hardware and software, telecommunications equipment, elevators, and HVAC equipment.

7. Banking Services and Charges

8. Utilities (monthly charges) (a) Water and Sewer (b) Hydro (c) Gas (d) Communication Infrastructure Services such as Bell, Cogeco,

Rogers, etc. (e) Utility relocations (f) Construction work completed by Railways on property of the

Corporation and billed to the Corporation.

Page 42 of 55

183

Bill 130 as amended by By-law No.-4-07~2--0-1-3. Schedule "B"

I H.

2. B.

. - ···~~

4.

.PURGHASINGPROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA

BID IRREGULARITIES


IRREGULARITY RESPONSE Late Bids:. Automatic rejection.

Returned unopened to the bidder. Unsealed Envelopes.:. Automatic rejection.:. Insufficient Financial Securitv A) No bkl-fl.e.pG.ffitBid Deposit, uncertified Automatic ge.}ectioorejection.

cheque,--or-financial--security not an original (e.g. a photocopy or a facsimile of a financial securltyi).

B) Amount of -Rnanoial Seel;fffiyfinanci.fil Automatic Rejee-00-mejection. securitv Is insufficient: i.-_Amount of ~.ttysecurity is Automatic rejection, unless in the opinion of

expressed as a percentage of the -F-4o1rnF1asiA§ SeFViee-sProcurement and Strategic total bid sum~ Acquisitions and Legal and Court Services, the

insufficiency in the financial security is de minimus (trivial or insignificant).

ii.-_Amount of Securitysecurity is Automatic Rajeetf0.A.rejection. expressed onlv as a dollar figure.

Ql i. Name or signature of SuQQlier is Automatic rejection. missing or incom12lete.

ii. Seal of Su.i;rnlier is missing or Two {2) working days* to obtain missing or incomolete. incomolete items.

GQ. Name, eF-signature-1 or seal of Automatic rejection-:. ) Supplier, or--bonding company ar-ei.§.

misslno or incomplete. -G£ Failure to provide a letter of Automatic rejection ...

agreement to bond (if required.}). Bid Document - execution

A) Bids completed In erasable medium-' Automatic rejection~ fil. L Signature of re12resentative Automatic rejection.

9.1!.thqrized to bind the Su12121ier mJssinq or incon.rnlete on the 12rescribed form which is to be submitted in res12onse to a Bid Solicitation.

g~ &i~~--e-&mtative authe-Fi~El Al:ite+B-a-tiG RejectioA ro-9-fr-ld-t-AB-g-UWHBF+r+fssifl§-0f ffi.B&mp-lete-oo-#[email protected]:1frH:7At-:

ii.-_Electronic signature of Two (2) working days: to obtain original signature.!. representative or absence of

Page 43 of 55

184

- ...

Bill 130 as amended by By-Jaw No.-~t-0-7~·2043. Schedule "B"

·-·

5.

6.

I ~·

8. I 9.

I 10.:.

11.:.

12.:.

PlJR:G-~AS~NGPROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA

BID IRREGULARITIES


IRREGULARITY RESPONSE corQ9.[ate seal authorized to bind the Supplier shown on i;;:.e.r.m-ef ~iBi:tthe 12rescribed form which is to be submitted in resoonse.to a Bid Solicitation.

C) Form of Proposal er-Qootatioo Two (2) working days-* to correct to the satisfaction missing or incomplete,_ of P-ur.e+ta.siHg.Procurement and Strategic

---··· --····-... ----··· ·-··-··-·-· .. ···- Acauisitions, otherwise automatic rejection,_ D) Form of Quotation or Tender missing Automatic rejection,,.

or incomplete. E) Signature of witness, if required, Two (2) working days-* to correct, otherwise

missinq or incomplete. automatic rejection. F) Date of Bid missing or incomplete,,. Two (2) working days-* to correct, otherwise

automatic rejection or, if stated in the Bid Solicitation, automatic rejection,

Incomplete, illegible or obscure Bids or Two (2) working days-* to correct to the satisfaction Bids which contain information not called of P-ure.fms.Jfi.g.Procurement and Strategiq for, erasures, overwriting or strike outs Acquisitions, otherwise automatic rejection,,. (not initialed). Document, in which all necessary Addenda Two (2) working days* to confirm Bid to the have not been acknowledged. satisfaction of Purchasing ServicesProcuremerrt

and Strategic Acquisitions or, if stated in the Bid Solicitation, automatic rejection.

Failure to attend mandatory site visit (if Automatic rejection.,, required). Bid received on documents other than Automatic rejection, unless allowed for in the Bid those provided in the Bid Solicitation,_ Solicitation. Failure to insert the bidder's business Automatic rejection unless, in the opinion of name in the space provided In the Bid PureriasiA§ Ser.vieesProcurement and Strateqic Solicitation form. Acquisitions and Legal and Court Services, the

incomplete nature Is trivial or insignificant. Mathematical errors.:. Two (2) working days-* to initial the corrections as

made by the Corporation. Unless otherwise stated in the Bid, the unit price shall prevail and the total Bid price shall be adjusted accordingly. The Corporation reserves the right to waive initialing anc accept Bid as corrected.

Qualified Bids (Bids qualified or restricted Automatic rejection by an attached statement). . Bids containing minor obvious clerical Two (2) working days-* to confirm Bid to the errors. satisfaction of P-ldfGAa&ifl~BflJfwsProcurement

Page 44 of 55

185

Bill 130 as amended by By-law No.--147-2-()43-: Schedule "B"

I 13.,,

I

.P-IJ-RG-Fl-AS·lNGPROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA

BID IRREGULARITIES


IRREGULARITY RESPONSE and Strateaic Acauisitions.

Any other irregularities_,, The Director of Legal and Court Services, or Designate, shall have authority to waive other irregularities or grant two (2) working days ~to initia such other irregularities considered to be minor.

~Where "working days" specified, this is from the hour the Bidder is notified by Corporation staff of the -regularity

Page 45 of 55

186

Bill 130 as amended by By-law No.407·20'13. Schedule "C"


--bow-V 13lue· -- · ··---·

(for ro µtine f}IJH;h; ~oosPuifllilfil'lli of low de liar value)

lnforrr al Quotation

(obtain, If possible, 3 written quotations for ooods and services)

For~~: Quotation (form I bid solicitation to obtain quotations from at least 3 suppliers)

Requ,st for Tender

P.Y.RCHASIN-G-PROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA PURCHASING AND EXECUTION AUTHORITY

Dollar Value Purchasing Authority* Document Execution Authority

Up ttr$10;000- · . ·- - 'Departmeht Represerttatlve - · o·ep·artment Director any··employe1H1uthor-ized·-Oy-the GAO .. or-Gepartment G-OmmtsskmeF

> $10,000 to $25,000 Department Manager Department Director

> $25,000 to $100,000 Department Associate Director Department Commissioner QL or Designate Designate

> $100,000 to $250,000 Department Director or Department Commlssioner..QL Designate Designate

> $250,000 to $1 million Department Commissioner or -GAGDepartment Designate, and P-tdJ'-GhasiHB' Commissioner or Designate Mat'lagei:Director of Procurement and Commissioner of and Strategic Acquisitions Corgorate Services/Treasurer

Page 46 of 55


Cash; r-mrehaw ·· order·Purchase Order or Purchasing Card

Purchase eFoofOrder or legally executed agreement

Purchase emerOrder or legally execu~ agreement

Purchase orciefOrder or legally executed agreement

187

Bill 130 as amended by By-law No.40.7--204.:J..: Schedule "C"

l ----·-- ---·-·· ------


Req~st for Proposal

I

P.IJR-GH-As+N-GPROCUREMENT BY·LAW THE REGIONAL MUNICIPALITY OF NIAGARA PURCHASING AND EXECUTION AUTHORITY

.?: $1.JDlJ!mt'2 $_5_ rnlUJg11 _ P~g_ar~r:mmt C:cm1111ii;sioner or CAO Designate, and the Commissioner of Corgorate Servicesrrreasurer or CAO

> $5 million Council Regional Clerk and Regional Chair

Dollar Value Purchasing Authority* Document Execution Authority

> $10,000 to $25,000 Department Manager Department Director

> $25,000 to $100,000 Department Associate Director Department Commissioner Q£ or Designate Designate

> $100,000 to $250,000 Department Director or -Department Commissioner.Qt: Designate Designate

> $250,000 to $1 million Department Commissioner or -GAGDepartm ent Designate, and PB~ Commissioner or Designate Mana§eFDlrector of and CQrnmlssioner of Procurement and Strategic Corgorate Services/Treasurer Acquisitions

Page 47 of 55

---


Purchase el'defOrder or legally execu~ agreement

188

Bill 130 .as amended by By-law No.-407-20:/-& ~NGPROCUSEMENT BY-LAW


> .. $.1-mlllion-to .. $5-million Department Commissioner or CAO Designate, and Commissioner of Corporate Servicesffreasurer or-CAO

Schedule "C"


Page 48 of 55

189

8111130 as amended by By-law No.-ifJ+4().1..J, fi.Y-R.G.H-ASINGPROCUREMENT BY-LAW


Schedule "C"

Method Of Purchasing Dollar Value Purchasing Authority* Document Execution Type Of Agreement Authority With Supplier

·-·-··--· ··-··· ·--·-···- -- -----·-·-·- ·- ....• ...... .. Purchase ·order or

---Special Circumstance, > $10,000 to $25,000 Department Associate Director Department Director Single Source and or Designate legally executed Negotiation agreement

I > $25,000 to $50,000 Department Director or Department Commissioner or Designate Designate

\ >$50,000 to $100,000 Department Commissioner or Department Commlssloner_m:

Designate Designate

I > $100,000 to $250,000 Department Commissioner or Department Commissioner

Designate and :J'.fe-astH'BHt~ aM~~eF GAG-Director of Procurement and Strategic Acquisition -- Department Gemrn-lssit>f!eF-QC

Designate and Commissioner of Corporate

>$250,000 -to Department Commissioner or Services/Treasurer $1,000,000 Designate; and Commissioner

of Corporate Services/Treasurer De12artment Commissigner or Designate and CAO

>$1,000,000 Council

I Regional Clerk and Regional Chair

*"Purchasing Authority" means those positions listed, and includes any position which is higher in the Corporation's

Page 49 of 55

190

Bill 130 as amended by By-Jaw No.-4-01-4.-04-3.

reporting structure.

PYHGFl-AS-!NGPROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA PURCHASING AND EXECUTION AUTHORITY

Page 50 of 55

Schedule "C"

191

Bill 130 as amended by By"law No. 107"2013.

·P.UR:GFIASWGPROCUREMENT BY"LAW THE REGIONAL MUNICIPALITY OF NIAGARA

INDEX

-P-\JRP~Q--G.g.J.gcTI.\l.E.S-GF-+l4l-S-B¥-bAW ................................................ 1

-RE-SP.O.NSlB.J.bl+-J.J;S-ANQ-AUTHORl-TIES ............................................................................ 12

ReQ-\Jl-REiM·E-N-T-F-GR--AP.AAG-V-~D--FlJN.O.S .... ,, ................................................... , .................... 14

+RAOO-A-GRE--:EMEN~, .. "'"" '11•••, ""'""' •••• '"•' ....... 11 ..... ,." ••••• '"A'""' •••• ,,,. ••• ,.,. ............ """II'"" .............. ,""' ......... , 16

.. ··- --·-· ·- -----·- .. ·-A~t.)-¥E.....P4[+lStN:G="Q..F....::.P-ORGM~ASJ.:~P.P:Q~ES ........................ 1 ..... , .... ~ ........ ""'··-··· ....... -~.111 •• , ..... 16 .

P.Y.RGl-4-ASl-N-G-Q.Q.G-IJM E NTATI 0 N ...................................................................................... 16

A4-E-i:MQ.9-S-OF-P-Y.RG-!=1-A,.,,c:;j.N.G,. ............................................................................................ 17

RE-QU~G.P.-P-Rffi-QIJA.bl.F-1-G-A'.'.J:to.N-Q.F--AGG-liF!-T-ABbfi-Sl-J.P-Pkl~RS ........................... 17

RE.Q-lJEST-f-OR--EX-P-R~.SiGN.5-GF-tN:f-E-RE-ST .......•....•.. , ..................•.......................•......• 18

kQ\.,,/\/ \ 1 • .l:\W~URCl4A~ ............... 11•················································11·····"··~··············· ........... 18

{..Y-P-+G-$-1-0,0.0-0-E~DING T/\XES) ................................................................................. 18

tN-F-ORMAL-00-GTATIONS ................................................................................................... 19

f?URG-1:4AS-E-S--G-R-SA-T€.R~O-AN.Q-N-O+.€XGi-filJ-ING-$~Q{}

€XCLUQ-f.N-G+AX~ ·~···e·••lll••11•11••····················-··11••······················,·•"''"····················· ......... 19

RliiQIJ~QR-Q.lJOTAT~~ ..................................................................... 19

{P.-IJRGMAS·s-S-·G·R&A-TtiR-T-MAN-·-$2.&)'0·QO-AND--N-O·+ .. E-XG-E-Et»N-G-$4-00,0{}Q.

i:XGbl.Jt)J.N.G...'.'f-A-X-ES) ..................................................................................................... 19

RE~~R--=J'"'-E-N-9-ER~ ......... ·~·. ""'· ......................... , ..........•.. II ... ''"'"II'-··· ••11·•·· .................... '"'· ••••• 20

~RF*TER THAN-$-1-0-0,-0-0-0-~f).IN-G-+AXeS) ...................................... 20

REi.QU-SS+-F-G-R-P-R·O.P-OOAbS .................... .-; ............................................................. ,.....,, ....... ,.,.22

{P.-l.JRG-HME-S-GRS-A+E~HAN-.$-10,Q.Q-O--E-X-G-blJ01.N.G-=f-AXi.S) .•............. , ........................ 22

~GJAb-.G.1-RGUM-S-T-AN·GE__p.y~ ES 14!1. I,, •••••••••••••••••• tlll I ............................ ···········'""'""' I 25

S·~N~.YRG~HASES ....... ,11.~., ..................................... " •••••••• ll .................. n ••••••••••• ~ ••••• 25

RGs+&R-F-0-R-P-RGF-E-SSl.ONAb-GH-SP-SC IAblZE D--SliruAG-e...~-.................. ., ............ ., ..... , 2 7

Page 51 of 55

192

Bill 130 as amended by By-law No. 107-2013.

·P..lJ-RCHAS·ING.E_ROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA

INDEX

GG-Q.P.e-RA+W~-PU RC l"4:AS+N G ........................................................................................... 28

RS.P-Q.P,'"f:.l-NG--P-ROG-WIJ-Rli.S ................................................................................................ 2 8

.P-RESCRffi·liiiIJ-G-Gl.:JN.Gl.b-AP-.P.HOV-Ab.,.......,-..-rrn,.......-... , ............................ -.... -•..... , ...................... 29

Q.Q.GlJM~XE-G-1.:J.+ION AIJ+H.Q.R-1+.-Y- ............................................................................... 29

·FlNAN-GIAb-Sra.GlJR.l+l-SS-AN-D-1-NSUAAN-G-E ...................................................................... 29

.Bl-Q-l-RP£4-\J-.kARl+I·~" """·'. '". ~ ~·~"".!\JO•*"".""" I ••••••••••• " •••••••••.• *"Ill I I ....... ,,.,~ 111' ..... ,, •• •O!M' '"". " •• ' ................ 31

f-.Q.RM-Q.F--G-QN+RAG+ .,. .. 1'1t '""" ~ .... '" •• Ill' ..... , •••••• I ••• • ll•." .............. I ••••• II •• ,. ...... ''" •••• '~·" ........ '."' .......... ,, ........ 31

.g..~~R-E-S.Q.6-Y+lQ.N ................................... ,. ..................•.... , .............................................. 32

-6Q.B-B¥~N~G--Rt~NS ................................................ ., ...................... " ............................ 33

AGGE-SS-T-0-1-N.f-G-RMAT+ON ........ ., ...................................................................................... 33

S-IJRP.blJS-AS$1'.S ................................................................................................. ,. ............ 34

GOMP.blANG€ '••••'"•a•••••••••••••*''"''"'•••• •••••111 • ••• •••• ••• ••••••• • •••••••• ••••• 1 ••• • ••• 1111 ''"' ••• ••••••• • 1•q •••• •~•• •• • 1•11• 35

EN-\AAQ.N-~AE-N+A-bb¥--SQ.tJND-AGQlJJ.S !Tl 0 NS ......... , ......................................................... 35

~N-r-t-~~.QS ........ ' ... -'' ..... , ..... '11•II ••• 11 • •••••••• '11•' .. ~ ••••••••••••• ' ••• •»•• •••••• ',. ............ " ..... ~ ••••••••••• ' •• w •••••••• 35

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s.e.:v.e-RABl·bf,,.~ ••I•"'• t Iii !f • • • • • t • M •"•I••'"•••• I a II I If 1 •••!I I•••• f I• o • • • •• • • • • • 11 I I••• I• I• I•• I I If• f ••-'I I• Jll t •II I 111 •I"•••••• I ii••• 11 '• ~ t t ••JI•• II I 39

RE-PEA-b-.-11•••••••:r11t•ll•l11'1t1•1lt1•11••••t1••••llt~••t1•1t1A111••11••11•111111•••••1••l•11••••"1//!•t•""''11!1111••••••1•11••••••11111,11'1"11,1•i~1'¥lll11l•39

€f-F-~¥~~--DA"'J:.ffi .... ~ . .,, ............. ~ ............................................................................... 39

PURPOSES, GO~LS AND OBJECTIVES OF THIS BY-LAW ........................................... .:.= 1

DEFINITIONS .......................................................................................................................... 2

AP·PLICATION ....................................................................................................................... 11

RESPONSIBILITIES AND AUTHORITlES ............................................................................. 12

REQUIREMENl_FOR APP_BOVED FUNDS .......................................................................... 14

TRADE AGREEMENTS ......................................................................................................... 16

ADVERTISING OF BID SOLICITATIONS ............................................................ ~~16

PURCHASING DOCUMENTATION ....................................................................................... 16

Page 52 of 55

193

Bill 130 as amended by By-Jaw No. 107-2013 .

. p..1.J-RG.HASlNGPROCUREM ENT BY ·LAW THE REGIONAL MUNICIPALITY OF NIAGARA

INDEX

METHODS OF PURCHASING .............................................................................................. 17

REQUEST FOR PRE-QUALIFICATION ................................................................................ 17

RE_9UEST FOR EXPRESSIONS OF INTEREST .................................................................. 18

LQW_y:All)E PURCHASES ................................................................................................... 18

INFORMAL QUOTATIONS ...... _ .............................. .:. ............................................................... 19

REQUEST FOR QUOTATION ............................................................................................... 19

REQUEST FOR TENDER ...................................................................................................... 20

... REQU·E-S'T FOf{PROPOSAL ... : ...................................................................................... : ...... 22

5PECIAL CIRCUMSTANCE PURCHASES ........................................................................... 25

SINGLE SOURCE PURCHASES .......................................................................................... :..25

NEGOTIATION ...................................................................................................................... 26

BOSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES ......................................... 27

FORMAL BID PROCESS ....................................................................................................... 28

CO-OPERATIVE PURCHASING ........................................................................................... 28

REPORTING PROCEDURES ............................................................................................... c28

PRESCfil\3ED COUNCIL APPROVAL ......................................................... .:.··· ...................... 29

POCUMENT EXECUTION AUTHORITY ............................................................................... 29

FINANCIAL SECURITIES AND INSURANCE ....................................................................... 29

BID IRREGULARITIES .......................................................................................................... 31

FORM OF CONTRACT .......................................................................................................... 31

SUPPLIER PERFORMANCE ................................................................................................. 31

DISPUTE RESOLUTION ....................................................................................................... 32

LOBBYING RESTRICTIONS ................................................................................................. 33

ACCESS TO INFORMATION ................................................................................................ 33

SURPLUS ASSETS ............................................................................................................... 34

COMPLIANCE ....... ~ ............................................................................................................... 35

ENVIRONMENTALLY SOUND ACQUISITIONS ........................................... : ....................... 35

IN HOUSE BIDS .................................................................................................................... 35

PR_OVIOll\JG ASSISTANCE ................................................................................................... 37

Page 53 of 55

194


P-U-RGHAS~NGPROCUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA

INDEX

CONFLICT OF INTEREST ..................................................................................................... 37

SE;_VERABILITY ...................................................................................................................... 39

BY~LAW REVIEW ........... ~ ..................................................... .:..: ................................................ 39

Page 54 of 55

195


PURGHASINGPROGUREMENT BY-LAW THE REGIONAL MUNICIPALITY OF NIAGARA

INDEX

SCHEDULE "A" - EXCEPTIONS TO FORMAL PURCHASING PROCESS ........................ ~29

SCHEDULE "B" - BID IRREGULARITIES ............................................................................ 34~

SCHEDULE "C" - PURCHASING AND EXECUTION AUTHORITY .................................... ~633

Page 55 of 55

196

Bill 93 Authorization Reference: CSD 82-2014


BY-LAW NO. 93-2014

A BY-LAW TO DEFINE THE PROCUREMENT POLICIES AND PROCEDURES

FOR THE REGIONAL MUNICIPALITY OF NIAGARA, AND TO REPEAL BY-LAW 56-2009

WHEREAS Section 271 (1) 3 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt policies with respect to its purchasing of goods and services;

AND WHEREAS The Council of The Regional Municipality of Niagara has deemed it desirable to set out its policies with respect to the Purchase or Disposal of Goods and/or Services in this By-law;

Now therefore, The Council of The Regional Municipality of Niagara enacts as follows:

PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW

1. The purposes, goals and objectives of this By-law and of each of the methods of Purchasing authorized herein are:

(a) to encourage competitive bidding;

(b) to ensure objectivity and integrity in the Purchasing process;

(c) to ensure fairness between bidders;

(d) to maximize savings for taxpayers;

(e) to offer a variety of Purchasing methods, and to use the most appropriate method depending on the particular circumstances of the acquisition;

(f) to the extent possible, to ensure openness, accountability and transparency while protecting the best interests of the Corporation and the taxpayers of The Regional Municipality of Niagara;


(h) to avoid real and perceived conflicts between the interests of the Corporation and those of the Corporation's employees and elected officials and to ensure compliance with the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended;

Page 1 of 36 197



0) to promote, and incorporate wherever possible in Purchasing activities of the Corporation, the requirements of the Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32, as amended;

(k) to adhere to the code of ethics of the National Institute of Government Purchasing and the Purchasing Management Association of Canada; and

(I) to maintain timely and relevant policies and procedures.

DEFINITIONS

2. (a) In this by-law,

"Associate Director" means an employee of the Corporation holding the position of associate director;

"Award" means authorization to proceed with the Purchase, sale or Disposal of Goods and/or Services from or to a chosen Supplier;

"Bid" means an offer or submission from a Supplier in response to a Bid Solicitation which is subject to acceptance or rejection by the Corporation;

"Bid Approval Report" means a completed Purchase Requisition, Expenditure Authorization, or Council Report, which authorizes the purchase of Goods and/or Services and is executed by the Purchasing Authorities as set out in Schedule "C";

"Bid Deposit" means the form of security required by the terms and conditions of Bid Solicitations to guarantee that the successful Supplier enters into a Contract with the Corporation, as required by Section 26 of this By-law;

"Bid Solicitation" means a formal request for Bids including an Informal Quotation, Request for Quotation, Request for Pre-Qualification, Request for Tender, Request for Proposal or Request for Expression of Interest;



"Chief Administrative Officer" or "CAO" means the Chief Administrative Officer of the Corporation, his or her Designate or any successor position thereto;

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"Compliant Bid" means a Bid that meets the terms and conditions of the Bid Solicitation and this By-law;

"Conflict of Interest" means a situation where a personal, business or other interest of an elected or appointed official, officer or employee of the Corporation is, or can be reasonably be perceived to be, in conflict with the interests of the Corporation, and includes, but is not limited to:

(i) the giving or receiving of a direct or indirect personal gain or benefit, or a direct or indirect advantage or privilege, by any person or business that offers Goods and/or Services to the Corporation;

(ii) a direct or indirect interest in any business that provides Goods and/or Services to the Corporation;

(iii) a conflict of interest as defined in the Municipal Conflict of Interest Act; or

(iv) a conflict of interest as defined in the Corporation's Code of Ethics/Conflict of Interest Policy #C3.C20, as may be amended;

"Construction" means a construction, reconstruction, demolition, repair or renovation of a building, structure or other engineering or architectural work and includes site preparation, excavation, drilling, soil or seismic investigation, the supply of products and materials and the supply of equipment and machinery incidental to the construction, and the installation and repair of fixtures of a building, structure or other engineering or architectural work;

"Contract" means a binding agreement between two or more parties that creates an obligation to provide or sell goods or perform services;


"Council" means The Council of The Regional Municipality of Niagara;


"Department Commissioner" means the Commissioner of the Department making the Purchase.

Page 3 of 36 199


"Department Representative" means a position authorized in writing by the CAO or Department Commissioner for the Purchase and Disposal of Goods and/or Services up to the value of their prescribed signing authority and which written authorization must be filed with the Director of Procurement and Strategic Acquisitions;

"Designate" means a person authorized in writing to act on behalf of another during his or her absence, which written authorization has been filed with the Director of Procurement and Strategic Acquisitions; only a person holding a position no lower than one level below in the Corporation's reporting structure may be authorized to act as a Designate;

"Director" means the director of a division within a Department, his or her Designate or any successor position thereto;

"Director of Legal and Court Services" means the Director of Legal and Court Services of the Corporation, his or her Designate or any successor position thereto;

"Disability" or "Disabilities" shall have the same meaning as set out in the Ontarians with Disabilities Act, 2001, or any successor legislation thereto;

"Disposal" means the selling, trading, assignment and/or scrapping of Surplus Assets;

"Fair Market Value" means the price that would be agreed to in an open and unrestricted market between knowledgeable and willing parties dealing at arm's length who are fully informed and not under any compulsion to transact;

"Fairness Monitor" means an independent third party to observe all or part of a Bid Solicitation process and provide related feedback on fairness issues;

"Formal Bid Process" means the process for receipt of Bids, as outlined in Section 21;

"Goods" means, in relation to procurement, moveable property (including the costs of installing, operating, maintaining or manufacturing such moveable property), including raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract;

Page 4 of 36 200


"In House Bid" means a Bid made by one or more employees of the Corporation, which process has been authorized by Council, submitted in response to a Bid Solicitation, where the provision of the Goods and/or Services will be provided by the employees of the Corporation;

"Lobbying" means the advocacy of an interest that is affected, actually or potentially by the Bid Solicitation process or individuals involved in the Bid Solicitation process including seeking to influence the outcome of the Bid Solicitation process or subsequent Award.

"Lowest Compliant Bid" means the Compliant Bid that would provide the Corporation with the desired Goods and/or Services at the lowest cost;

"Manager" means an employee of the Corporation holding the position of manager;

"Negotiation" means a purchasing method whereby the Corporation may negotiate directly with one or more Suppliers with the intent to award a Contract or extend an existing Contract;

"Procurement and Strategic Acquisitions" means that part of the Corporate Services Department and any person with the delegated authority under Section 4. (d) of this By-law, responsible for the Purchase and Disposal of all Goods and/or Services for the Corporation and for the administration of this By-law;

"Professional Services" means those services requiring the skills of professionals for a defined service requirement including but not limited to,

(i) architects, engineers, designers, surveyors, geoscientists, project managers, financial consultants, auditors, accountants, and medical professionals such as doctors, dentists and lawyers;

(ii) firms or individuals having specialized competence in environmental, planning or similar disciplines; and,

(iii) software consultants and any other persons providing similar services;

"Purchase" means to acquire Goods and Services by purchase, rental, lease or trade, including Construction;

"Purchase Order" means a written confirmation of the Purchase of Goods and/or Services at a specific cost. ;

"Purchase Requisition" means a request for Goods and/or Services for which the Budget has been approved, prepared by a Department and sent to the Procurement and Strategic Acquisitions;

Page 5 of 36 201



"Quotation" means a binding statement of price, terms of sale and description of Goods and/or Services offered by a Supplier;

"Request for Expression of Interest" or "RFEOI" means a public request made by the Corporation seeking responses from potential Suppliers for the purposes of compiling a list of Suppliers who may be interested in providing Goods and/or Services to the Corporation from time to time. Receipt of an expression of interest by the Corporation does not create any obligation between the potential Supplier and the Corporation, but may be a precondition to qualifying for subsequent Bid Solicitations issued by the Corporation;

"Request for Pre-Qualification" or "RFPQ" means a public request by the Corporation seeking submissions outlining the experience, financial strength, education, background and significant personnel of potential Suppliers who may, from time to time, qualify to supply Goods and/or Services to the Corporation;

"Request for Proposal" or "RFP" means a public request for proposals by the Corporation made in accordance with Section 16 of this By-law, seeking proposals to supply Goods and/or Services which may or may not result in an Award by the Corporation;

"Request for Quotation" or "RFQ" means a request for Quotations by the Corporation for the provision of Goods and/or Services made in accordance with Section 14 of this By-law;

"Request for Tender" or "RFT" means a public request for Tenders by the Corporation made in accordance with Section 15 of this By-law;

"Services" means intangible products that do not have a physical presence and includes Professional Services. No transfer of possession or ownership takes place when services are sold, and they: (1) cannot be stored or transported; (2) are instantly perishable; and (3) come into existence at the time they are bought and consumed;

"Single Source" means the non-competitive procurement process to acquire Goods and/or Services from a specific supplier even though there may be more than one Supplier capable of delivery of the same Goods and/or Services;

"Sole Source" means there is only one source of the Goods and/or Services that meets the requirements of the Corporation;

Page 6 of 36 202




(ii) an event that, unless immediately addressed, is likely to cause significant loss or damage to property;

(iii) an event that has disrupted any essential service that needs to be re-established without delay; or

(iv) an emergency as defined in the Emergency Management Act, R.S.O. 1990, c. E.8, as amended, or any successor legislation thereto;

"Specialized Services" means those services requmng the skills of trades including, but not limited to electrical, mechanical, drywall, painting, HVAC, roofing, plumbing, electronics, and insulation;

"Substantive Objection" means a written objection provided to Procurement and Strategic Acquisitions from a Supplier with respect to a Bid Solicitation giving specific reasons for the objection;

"Supplier" means any individual or organization offering Goods and/or Services including but not limited to contractors, consultants, vendors and service organizations;

"Surplus Assets" means Goods, stocks and other assets, which are obsolete, damaged or surplus to that Department's needs.

"Tender" means a written detailed offer from a Supplier to supply Goods and/or Services to the Corporation;

(b) Schedules "A", "B" and "C" attached hereto form part of this By-law.

APPLICATION


(b) The Methods of Purchasing set out in Sections 10 to 21, and the Reporting Procedures set out in Section 23, shall not apply to the Purchase and Disposal of those Goods and Services outlined in Schedule "A,'.

Page 7 of 36 203


(c) This provision provides authority for the Purchase of Goods and Services outlined in Schedule "A" as long as the funding is available in the Budget.

(d) Any Contracts necessary to complete the Purchase of Goods and/or Services outlined in Schedule "A" shall be signed by the appropriate Document Execution Authority for "Single Source" as set out in Schedule "C", up to the prescribed limits provided that:

(i) the Contract has been prepared in a form satisfactory to the Director of Legal and Court Services;

(ii) any financial securities and insurance required under the Contract are satisfactory to the Director of Legal and Court Services; and

(iii) funding is available in the Budget.

RESPONSIBILITIES AND AUTHORITIES

4. (a) The Commissioner of Corporate Services/Treasurer shall have all the necessary authority to administer this By-law and to carry out his or her duties on behalf of the Corporation.

(b) Procurement and Strategic Acquisitions is responsible for and shall have the authority to:

(i) acquire or dispose of Goods and/or Services;

(ii) call, receive, open and review Bids;



(v) establish, through consultation with the user Department and Director of Legal and Court Services, the terms and conditions of Bid Solicitations;



Page 8 of 36 204


(viii) establish, through consultation with the Director of Finance, policies and procedures to support the Corporation's Purchasing Card Policy #C3.P05, as may be amended.

(ix) act on behalf of the Corporation, the Niagara Regional Police Services Board, and from time to time, other boards and agencies, for the purposes of the Purchase or Disposal of Goods and/or Services;

(x) ensure open, fair and impartial Purchasing processes for Goods and/or Services which could include the services of a Fairness Monitor;

(xi) ensure compliance with this By-law and advise the Commissioner of Corporate Servicesrrreasurer when there has been non-compliance. The Commissioner of Corporate Servicesrrreasurer shall take appropriate action to address and correct any non-compliance;

(xii) develop co-operative purchasing plans with other units of government or their agencies or public authorities, where deemed beneficial to the Corporation; and

(xiii) promote the standardization of Goods and/or Services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law.

(c) The Director of Procurement and Strategic Acquisitions, with the written approval of the Commissioner of Corporate Servicesrrreasurer, may delegate to an employee or employees, all or part of the authority in Subsection 4(b) above, which authority may be limited to a particular type of Goods and/or Services.


(e) Department Representatives will also have the following specific responsibilities:


(ii) preparing and approving all specifications and terms of reference in consultation with Procurement and Strategic Acquisitions;

(ii) managing Contracts to ensure Goods and/or Services are received by the Corporation and comply with Contract terms and conditions;

Page 9 of 36 205


(iv) monitoring all Contract expenditures and ensuring that all financial limitations have been complied with and that all accounts are paid within the times set out in the Contract;

(v) monitoring the performance of Suppliers;

(vi) standardizing the use of Goods and/or Services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law; and

(vii) ensuring that all Goods and/or Services Purchased or Disposed have been received and recording receipt in the form prescribed by Procurement and Strategic Acquisitions.

REQUIREMENT FOR APPROVED FUNDS

5. (a) The exercise of authority to award a Contract is subject to the identification and availability of sufficient funds in appropriate accounts within the Budget.

(b) Where Goods and/or Services are routinely purchased or leased on a multi-year basis, the exercise of authority to award a Contract is subject to the following:

(i) the identification and availability of sufficient funds in appropriate accounts for the current year within the Budget;

(ii) the Goods and/or Services will continue to be required in subsequent years and, in the opinion of the Commissioner of Corporate ServicesfTreasurer, the required funding can reasonably be expected to be made available; and

(iii) the Contract includes a provision that the supply of Goods and/or Services in subsequent years is subject to the approval by Council of the Budget estimates to meet the proposed expenditures.

TRADE AGREEMENTS


(b) Where an applicable trade agreement supersedes and is in conflict with this By-law, the trade agreement shall take precedence.

(c) Procurement and Strategic Acquisitions shall advise the appropriate Department Commissioner when a Purchase may not conform to an applicable trade agreement as early as possible in the Bid Solicitation process.

Page 10 of 36 206


ADVERTISING OF BID SOLICITATIONS

7. (a) Purchases exceeding $100,000 for Goods and/or Services and $250,000 for Construction shall, as a minimum, be advertised:

(i) on the website for the Corporation and/or a website authorized by Procurement and Strategic Acquisitions for posting bid calls, from the date that the Bid Solicitation is issued up to and including the date on which the Bid Solicitation closes; and/or

(ii) one time, at least seven (7) calendar days before the Bid Solicitation closes, in a local newspaper that has a daily circulation within the Regional Municipality of Niagara.

(b) Any person involved in Purchases may advertise Purchases for lesser amounts if he or she determines that it is in the Corporation's best interest to do so.

(c) No additional advertising is required for Purchases where bidders have been previously pre-qualified in accordance with this By-law.

(d) Advertising is not required for services that may be provided only by any of the following licensed professionals: medical doctors, dentists, nurses, pharmacists, veterinarians, engineers, land surveyors, architects, accountants, lawyers, paralegals and notaries.


8. (a) The use of standard Bid documents shall be approved by Procurement and Strategic Acquisitions and/or Legal and Court Services.

(b) A Bid Solicitation may specify a specific product or brand name to ensure consistency, to minimize risk to the Corporation, or for other valid purposes.

(c) All changes to standard Bid Solicitations and Contracts shall be reviewed and approved by the Director of Legal and Court Services.

(d) Before issuance, all Bid Solicitations shall be reviewed by Procurement and Strategic Acquisitions.


9. (a) Any person Purchasing or Disposing Goods and/or Services on behalf of the Corporation shall do so using one of the following methods of Purchasing set out in Sections 10 to 20 ("Methods of Purchasing"). The methods may be utilized individually or in combination with one another, as may be appropriate in the circumstances.

Page 11 of 36 207


(b) All Methods of Purchasing, except for the exemptions in Schedule "A" and Low Value Purchases, shall be conducted through or reviewed by Procurement and Strategic Acquisitions.

REQUEST FOR PRE-QUALIFICATION

10. (a) Procurement and Strategic Acquisitions may conduct a Request for PreQualification to develop a list of Suppliers that may be eligible to submit a Bid on subsequent Bid Solicitations or to develop a roster in accordance with Section 20.

(b) Pre-qualification may be considered in the following circumstances:

(i) the work will require substantial project management by the Corporation and could result in substantial cost to the Corporation if the Supplier is not appropriately experienced;

(ii) the Goods and/or Services to be purchased must meet national safety standards;

(iii) the work involves complex, multi-disciplinary activities, specialized expertise, equipment, materials or financial requirements;

(iv) miscellaneous repairs and services as required by the Corporation such as plumbers, electricians, and drywall contractors;

(v) there could be substantial impact on the Corporation's operations if the work is not satisfactorily performed the first time; or

(vi) any other circumstances deemed appropriate by the Director of Procurement and Strategic Acquisitions.

(c) An RFPQ shall be provided to the potential Suppliers setting out the criteria for pre-qualification which may include, but are not limited to:





(v) financial capability

Page 12 of 36 208


(d) Supplier submissions will be evaluated and ranked and a short list of pre-qualified Suppliers will be invited to participate in the second step of the two-step Purchasing process, being a Request for Proposal or a Request for Tender.

(e) An RFPQ is not a legal offer but only an invitation for Suppliers to make offers to the Corporation.

(f) All RFPQ's shall be conducted in accordance with submission instructions in the Bid Solicitation and Section 7 of this By-law.

REQUEST FOR EXPRESSIONS OF INTEREST

11. Procurement and Strategic Acquisitions may conduct a Request for Expression of Interest for the purpose of determining the availability of Suppliers and for the purpose of compiling a list of Suppliers and may be used as a specific precondition of any Method of Purchasing utilized by the Corporation. The receipt of an expression of interest by the Corporation does not create any obligation between the potential Supplier and the Corporation.

LOW VALUE PURCHASES (UP TO $10,000 EXCLUDING TAXES)

12. Department Representatives are authorized to procure Goods and/or Services up to a total value of $10,000, excluding taxes. Only purchases that can be demonstrated to have been made at Fair Market Value shall be made. Department Representatives may procure Goods and/or Services through the following means:

(a) Purchasing Card used in strict accordance with the Purchasing Card Policy as determined by the Commissioner of Corporate Services/Treasurer;



INFORMAL QUOTATIONS (PURCHASES GREATER THAN $10,000 AND NOT EXCEEDING $25,000 EXCLUDING TAXES)

13. (a) For purchases with a total value greater than $10,000 and not exceeding $25,000, excluding taxes, an Informal Quotation method shall be utilized. If possible, at least three (3) written Quotations shall be solicited, analyzed and the results tabulated by either Procurement and Strategic Acquisitions or the Department Representative. Quotations received shall be evaluated on price and the criteria outlined in the quotation request to determine the preferred Supplier.

Page 13 of 36 209


(b) The Purchase Requisition shall be prepared by the Department Representative, for signature and approval in accordance with the Purchasing Authorities set out in Schedule "C".

(c) The Department Representative shall forward the approved Purchase Requisition complete with copies of the Informal Quotation and the submitted Quotations to Procurement and Strategic Acquisitions and request that Procurement and Strategic Acquisitions reviews for compliance and issue a Purchase Order to the preferred Supplier.

(d) Procurement and Strategic Acquisitions shall issue a Purchase Order when it has received all approvals and documents required by the Request for Informal Quotation and Subsection 13(a) of this By-law.

REQUEST FOR QUOTATION (PURCHASES GREATER THAN $25,000 AND NOT EXCEEDING $100,000 EXCLUDING TAXES)

14. (a) For purchases with a total value greater than $25,000 and not exceeding $100,000, excluding taxes, a Request for Quotation may be used to Purchase and shall be issued by Procurement and Strategic Acquisitions.

(b) The Department Commissioner or Department Representative shall provide to Procurement and Strategic Acquisitions the relevant information such as specifications, provisions, plans and supplemental general conditions for the purchase.

(c) Procurement and Strategic Acquisitions shall conduct the Bid Solicitation using a list of Suppliers compiled by the Department Representative and Procurement and Strategic Acquisitions.

(d) If possible, at least three (3) Quotations shall be solicited by Procurement and Strategic Acquisitions, analyzed and the results tabulated.

(e) All RFQ's shall be conducted by Procurement and Strategic Acquisitions in accordance with Section 21.


(g) Bids received shall be analyzed and evaluated by the Department Representative and Procurement and Strategic Acquisitions using the criteria outlined in the Bid Solicitation.

(h) Where an award is recommended, the Bid Approval Report will be prepared by Procurement and Strategic Acquisitions or the Department Representative, for signature and approval in accordance with the Purchasing Authorities set out in Schedule "C".

Page 14 of 36 210


REQUEST FOR TENDER (PURCHASES GREATER THAN $100,000 EXCLUDING TAXES)

15. (a) For purchases with a total value greater than $100,000, excluding taxes, a Request for Tender shall be issued through Procurement and Strategic Acquisitions provided that all of the following conditions apply:

(i) two (2) or more sources are considered capable of supplying the Goods and/or Services;

(iv) the Goods and/or Services are adequately defined to permit the evaluation of Tenders against clearly defined criteria; and

(iii) it is intended that the Lowest Compliant Bid will be accepted.

(b) The Department Commissioner or Department Representative shall provide to Procurement and Strategic Acquisitions the relevant information such as specifications, provisions, plans and supplemental general conditions for the Purchase.

(c) All RFT's shall be conducted in accordance with Section 21.

(d) All RFT's shall be advertised in accordance with Section 7 except where a list of pre-qualified Suppliers has been compiled in accordance with Section 10.

(e) Where an RFPQ has previously been conducted, only pre-qualified Suppliers shall be notified and Bids shall only be accepted from prequalified Suppliers.


(g) The Bid Approval Report shall be prepared in accordance with Section 23.

(h) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "C" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule

REQUEST FOR PROPOSAL (PURCHASES GREATER THAN $10,000 EXCLUDING TAXES)

16. (a) A Request for Proposal shall be issued through Procurement and Strategic Acquisitions where the Method of Purchasing meets one or more of the following criteria:

(i) the Purchase is required as a result of a particular problem, requirement or objective;

Page 15 of 36 211


(ii) the selection of the Supplier depends more upon the effectiveness of the proposed solution, rather than the price alone;

(iii) the precise Goods and/or Services, or the specifications therefor, are not known or are not definable and it is expected that Suppliers will further define them.

(b) The Department Commissioner or Department Representative shall provide to Procurement and Strategic Acquisitions the relevant information such as specifications, provisions, plans and supplemental general conditions for the Purchase.

(c) A Request for Proposal may be reviewed by Regional Council before it is issued where, at the discretion of the CAO and/or the Department Commissioner, the Goods and/or Services to be acquired meet one or more of the following criteria:

(i) Significant value (i.e. exceeding the CAO's execution authority of $5 million;

(ii) Significant public importance;

(iii) Significant complexity or specialization;

(d) Procurement and Strategic Acquisitions shall conduct the Bid Solicitation.

(e) RFPs may require Suppliers to submit a Bid in firmly sealed separate envelopes which shall contain technical, financial and other information as prescribed in the Bid Solicitation.

(f) All RFPs will be evaluated based on the evaluation criteria outlined in the Bid Solicitation by an evaluation team which shall comprise of at least one Department Representatives and one representative from Procurement and Strategic Acquisitions.

(g) RFPs shall be conducted by Procurement and Strategic Acquisitions in accordance with Section 21.

(h) RFPs shall be advertised in accordance with Section 7, except where a list of pre-qualified Suppliers has been compiled in accordance with Section 10.

(i) Any Bid irregularities shall be dealt with in accordance with Schedule "B".

0) The Bid Approval Report shall be prepared in accordance with Section 23.

(k) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "C" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule HC".

Page 16 of 36 212


SPECIAL CIRCUMSTANCE PURCHASES

17. a) Purchases that are required to respond to a Special Circumstance shall be authorized in accordance with Schedule "C". All such purchases must be reported to Procurement and Strategic Acquisitions on the following business day.

b) Contracts required to effect Special Circumstance purchases shall be signed in accordance with the Document Execution Authorities set out in Schedule "C".

SINGLE SOURCE PURCHASES

18. (a) Bid Solicitations are not required for Single Source Purchases, provided that any of the following conditions apply:

(i) the compatibility of a Purchase with existing equipment, product standards, facilities or service is a paramount consideration;

(ii) a Good or Service is Purchased for testing or trial use;

(iii) there is an absence of competition for technical reasons and the Goods and/or Services can only be supplied by a particular Supplier a Sole Source is being recommended;

(iv) an unforeseeable situation of urgency exists and the Goods and/or Services cannot be obtained in time by means of open procurement procedures;

(v) the Corporation has a rental contract with a purchase option and such purchase option is beneficial to the Corporation;

(vi) for matters involving security, police matters or confidential issues, in which case a Purchase may be made in a manner that protects the confidentiality of the Supplier or the Corporation;

(vii) there are no bids in response to a Bid Solicitation;

(viii) a roster for Professional Services has been developed in accordance with Section 20 of this By-law.



Page 17 of 36 213


NEGOTIATION

19. (a) Notwithstanding that Negotiation may be a component of another procurement process, Negotiation may be used for Purchases of Goods and/or Services when any of the following criteria apply:

(i) the required Goods and/or Services are in short supply;

(ii) competition is precluded due to the existence of any patent right, copyright, technical secret or control of raw material;

(iii) a Sole Source is being recommended;

(iv) two (2) or more identical Bids are received;

(v) the Lowest Compliant Bid received meeting all specifications exceeds the Budget amount;


(vii) only one (1) Bid is received in response to a Bid Solicitation;






ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES

20. (a) An RFPQ or an RFEOI may be conducted for the purpose of developing a roster of qualified Suppliers of Professional or Specialized Services for groups of projects requiring similar and particular expertise. While the use of a roster is strictly optional, the associated RFPQ or RFEOI shall be conducted in accordance with the provisions of this By-law.

(b) The Department Representative shall provide to Procurement and Strategic Acquisitions the relevant information regarding the Professional Services and required expertise.

Page 18 of 36 214


(c) Procurement and Strategic Acquisitions will prepare the RFPQ or RFEOI, inviting interested Suppliers to submit Bids outlining, among other things, their qualifications, availability, recent project experience, key personnel and roles, and sufficient references satisfactory to the Director of Procurement and Strategic Acquisitions for work of a similar nature.

(d) An evaluation team consisting of members of the requesting Department and Procurement and Strategic Acquisitions shall analyze and evaluate the responses received using the criteria outlined in the RFPQ or RFEOI to select a number of qualified Suppliers of Professional or Specialized Services which shall be placed on a roster.

(e) On subsequent projects, Suppliers of Professional or Specialized Services may be selected from the roster to submit detailed proposals in response to a Bid Solicitation, in accordance with Sections 12 through 16 of this Bylaw. The requesting Department shall invite Suppliers on the roster to provide Services, using best efforts to equally distribute opportunities amongst the Suppliers on the roster.

(f) Alternatively, a Supplier may be selected from the roster to submit a Bid for Professional or Specialized Services in accordance with Section 18 or 19 of this By-law.


FORMAL BID PROCESS

21. (a) All Bids (with the exception of submissions in response to Requests for Pre-Qualification and Informal Quotations) shall be received by the Regional Clerk or Procurement and Strategic Acquisitions, in accordance with the instructions in the Bid Solicitation, and opened in public at the time and place stated in the Bid Solicitation.

(b) Bids received shall be opened and the Suppliers name and the Bid amount(s) shall be read aloud and recorded unless the contents of a Bid envelope require validation in which case, the Bid will be reserved. If the reserved Bid is determined to be valid, a continuation of the Bid opening will be scheduled. If the reserved Bid is determined to be deficient, a continuation of the Bid opening will not be scheduled and the results of the Bid opening will be posted. When the Bid Solicitation is for registration purposes, only the Supplier's name will be read aloud and recorded.

(c) When only one (1) Bid is received, only the Supplier's name shall be read aloud. The Bid amount shall not be read aloud.

(d) Bid Irregularities shall be administered in accordance with Schedule "B".

Page 19 of 36 215


CO-OPERATIVE PURCHASING

22. The Commissioner of Corporate Servicesrrreasurer may enter into arrangements with any government body, ministry, agency, board, corporation or authority on a co-operative or joint basis for Purchases of Goods and/or Services where there are economic advantages in so doing and such Purchases comply with this By-law.

REPORTING PROCEDURES

23. (a) Prior to any Award, a Bid Approval Report shall be prepared by Procurement and Strategic Acquisitions or the Department Representative, signed and authorized in accordance with the Purchasing Authorities set out in Schedule "C".

(b) At least quarterly, the Commissioner of Corporate Services/Treasurer shall submit reports listing all Awards following the Sections 14. to 20. inclusive, in excess of $25,000 for information to Committee and Council, and shall include, but not limited to listing of Suppliers, total award, amount budgeted for the Purchase and description of Goods and Services.





(iii) the recommended Award is not the Lowest Compliant Bid.


25. Employees or officers of the Corporation identified in Schedule "C" (Document Execution Authority) shall have the authority to execute Contracts and all other documents necessary to effect the Award or Purchase of Goods and/or Services, up to the prescribed limits, provided that the documents have been prepared in a form satisfactory to the Director of Legal and Court Services and that the Award or Purchase complies with this By-law.

Page 20 of 36 216

Bill 93 Authorization Reference: CSD 82~2014

FINANCIAL SECURITIES AND INSURANCE

26. (a) Procurement and Strategic Acquisitions may require that a Bid be accompanied by a Bid Deposit or other similar security to guarantee that the successful Supplier enters into a Contract with the Corporation.

(b) In addition to the security referred to in Subsection 26(a), the successful Supplier may also be required to provide:

(i) a Performance Bond to guarantee the performance of the Contract;

(ii) a Labour and Materials Bond to guarantee the payment for labour and materials to be supplied in connection with a Contract; and/or

(iii) such further security as Procurement and Strategic Acquisitions deems appropriate in the circumstances.

(c) Prior to the commencement of work, the Supplier shall provide to the Corporation, proof of insurance in accordance with the Bid Solicitation, satisfactory to the Director of Legal and Court Services.

(d) Failure to comply with all terms and conditions of a Bid Solicitation, including failure to provide proof of insurance as required, shall be just cause for cancellation of the Award.

(e) Prior to the Corporation issuing payment to a Supplier, the Supplier shall provide a Certificate of Clearance from the Workplace Safety and Insurance Board confirming all premiums or levies have been paid to the Board to date.

BID IRREGULARITIES


FORM OF CONTRACT


(b) A Purchase Order may be used when the resulting Contract is straightforward and will refer to the Corporation's standard terms and conditions outlined in the Bid Solicitation.

(c) A formal written agreement satisfactory to the Director of Legal and Court Services shall be used when the resulting Contract is complex.

Page 21 of 36 217


(d) It shall be the responsibility of Procurement and Strategic Acquisitions in consultation with the Director of Legal and Court Services to determine if it is in the best interest of the Corporation to establish a formal written agreement with the Supplier.

(e) When a formal written agreement is required, Procurement and Strategic Acquisitions may also issue an internal Purchase Order for record and payment purposes.

SUPPLIER PERFORMANCE

29. (a) The Department Representative shall monitor and document the performance of Suppliers providing Goods and/or Services to that Department and shall advise Procurement and Strategic Acquisitions in writing when the performance of a Supplier has been unsatisfactory.

(b) The Corporation may, in its sole discretion, disqualify a Supplier from bidding on any Bid Solicitation or reject a Bid if a Supplier:

(i) has, at any time, threatened, commenced or engaged in legal claims or litigation against the Corporation;

(ii) is involved in a claim or litigation initiated by the Corporation;




(vi) provides incomplete, unrepresentative references, or receives unsatisfactory external and/or internal references in a reference check undertaken by Regional Staff,

(vii) has engaged in conduct that leads the Corporation to determine that it would not be in the Corporation's best interests to accept the Bid.

Page 22 of 36 218


DISPUTE RESOLUTION

30. (a) The Corporation encourages competitive bidding and an open, accountable and transparent process for the Purchase of Goods and/or Services.

(b) To maintain the integrity of the Bid Solicitation process, Suppliers who believe they have been treated unfairly in a Bid Solicitation process shall submit a Substantive Objection to the Director of Procurement and Strategic Acquisitions providing sufficient detail regarding their complaint within:

(i) 7 days from the conclusion of the Bid opening process for Request for Quotations or Request for Tenders.

(ii) 7 days of the Supplier being notified of the results of a Request for Pre-Qualification or Request for Expressions of Interest or Request for Proposals.

(c) The Director of Procurement and Strategic Acquisitions will arrange a debriefing with the Supplier to explain the Bid Solicitation process that led to the selection of the successful Supplier.

(d) The Director of Procurement and Strategic Acquisitions will investigate the complaint and will make a recommendation to the Commissioner of Corporate Services/Treasurer, CAO or Council, as appropriate.

(e) To ensure that the Dispute Resolution process for the particular Bid Solicitation process is seen to be fair and impartial, elected officials shall not advocate on behalf of Suppliers who have submitted a Substantive Objection.

(e) Should a Supplier continue to have concerns respecting the Award and the decision, the Supplier may then request, in writing to the Commissioner of Corporate Services/Treasurer, a mediator, to assist in resolving any outstanding issues between the Supplier and the Corporation.

(f) The recommended mediator will be approved by both the Supplier and the Corporation.

(g) The mediator shall make his/her best efforts to assist the parties to reach a mutually acceptable solution.

(h) Costs for the mediator shall be equally shared by the Supplier and the Corporation.

Page 23 of 36 219

Bill 93

(i)

Authorization Reference: CSD 82-2014

Any resolution reached through the mediation process shall remain confidentia1 if requested by either of the parties.

LOBBYING RESTRICTIONS

31. (a) Lobbying restrictions shall apply to Suppliers, their staff members, or anyone involved in preparing a Bid, shall not engage in any form of political or other Lobbying whatsoever or seek to influence the outcome of the Bid Solicitation process or subsequent Award. This restriction extends to all of the Corporation's staff and anyone involved in preparing a Bid Solicitation or participating in a Bid evaluation process, and members of Council.

(b) The Corporation may reject any Bid by a Supplier that engages in such Lobbying, without further consideration, and may terminate that Supplier's right to continue in the Bid Solicitation process.

(c) During a Bid Solicitation process, all communications shall be made through Procurement and Strategic Acquisitions. No Supplier or person acting on behalf of a Supplier or group of Suppliers, shall contact any elected official, consultant or any employee of the Corporation to attempt to seek information or to influence the Award.

(d) Elected officials shall refer any inquiries about a Bid Solicitation process to the Commissioner of Corporate Servicesrfreasurer.

ACCESS TO INFORMATION

32. (a) The disclosure of information received relevant to Bid Solicitations or Awards shall be made by the appropriate officers in accordance with the provisions of all relevant privacy legislation including primarily the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended.

(b) All Suppliers who contract with the Corporation shall adhere to or exceed the standards set in the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, or other relevant Ontario or federal privacy legislation or common law as may be passed or amended from time to time, as if they were agents of the Corporation as relates to the confidential and secure treatment, including collection, use, disclosure or retention, of personal (health) information, other confidential information of the Corporation, and all records thereof which they come into contact with in the course of performing Services or providing Goods to the Corporation.

Page 24 of 36 220


SURPLUS ASSETS

33. (a) Directors shall submit to Procurement and Strategic Acquisitions from time to time and upon request, a list of Surplus Assets.

(b) All Surplus Assets shall first be offered to other Departments within the Corporation.

(c) All Surplus Assets not required by any Department of the Corporation may then be offered to area municipalities, agencies and charitable organizations within the Niagara region prior to any public Disposal procedure.

(d) Procurement and Strategic Acquisitions shall have the authority to sell or dispose of all Surplus Assets, by sealed bid, public auction or any other public sale.

(e) The sale of Surplus Assets shall be made to the highest bidder and in accordance with the provisions of this By-law.

(f) The respective Department shall be credited with the net proceeds, if any, from the Disposal of its Surplus Assets unless otherwise agreed.

(g) Surplus Assets shall not be sold directly to an employee or to a member of Council, although this does not prohibit any employee or member of Council from purchasing Surplus Assets being sold through a public process.

(h) Surplus Assets may be donated to non-profit agencies or non-profit institutions for educational or teaching purposes only. Donated items shall not be re-sold. All donated Surplus Assets must be approved by the Department Commissioner.

(i) On termination of their relationship with Niagara Region, any outgoing employee or regional councillor can request the opportunity to Purchase the business laptop computer provided to them. Such Purchases must be approved by the Commissioner of Corporate Services/Treasurer or designate on condition that the computer be at least three years old and the purchaser must pay equal or greater than the market value as determined by the average sale price of similar computers sold over the prior six months through the public auction process or other measure acceptable to the Commissioner of Corporate Services/Treasurer.

Page 25 of 36 221


COMPLIANCE

34. (a) All persons involved in the Purchase or Disposal of Goods and/or Services provided for in this By-law, shall act in a manner consistent with the requirements and objectives of this By-law.

(b) Purchases may not be divided into two (2) or more parts to avoid the requirements of this By-law.

(c) Any Goods and/or Services that are obtained in contravention of this Bylaw will be subject to investigation by the Corporation, following which the Corporation will take the necessary corrective action.

(d) Any employee of the Corporation who knowingly contravenes this By-law is committing a serious act of misconduct and may be held personally liable for the full value of the Purchase or Disposal as well as disciplinary action up to and including termination.

ENVIRONMENTALLY SOUND ACQUISITIONS

35. Departments will endeavour to include specifications in Bid Solicitations that provide for energy efficient products, reusable products and products that contain the maximum level of post-consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are competitively priced.

IN HOUSE BIDS

36. In House Bids may be used for the Purchase of Goods and/or Services where:



PROVIDING ASSISTANCE


Page 26 of 36 222


CONFLICT OF INTEREST

38. (a) Personal Purchases shall not be made for any elected or appointed officials, members of a board or commission, or for Corporation officers, employees or their families.

(b) An employee of the Corporation who has the responsibility for declaring Surplus Assets shall not bid on or personally obtain any goods that he or she has declared as surplus.

(c) Every elected official, appointed officer, employee of the Corporation or member of an employee's family is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any Purchase Order or Contract is, or might be awarded, any rebate, gift or money, except:

(i) gifts of a very small intrinsic value; or

(ii) moderate hospitality during the normal course of business that would not significantly exceed what the Corporation, through the employee's expense account, would likely provide in return and would not be perceived by others as influencing the making of a business decision.

( d) All elected officials, officers or employees of the Corporation shall declare any Conflicts of Interest to the Commissioner of Corporate Services!Treasurer and shall have no involvement in a Bid Solicitation process where a real or perceived Conflict of Interest has been found or deemed to exist, including, but not limited to:

(i) requesting the Goods and/or Services, setting the parameters of the Purchase, evaluating Bids or recommending, deciding or making Awards;

(iii) direct contact with those making those Purchasing decisions, both in Procurement and Strategic Acquisitions and the user Department.

(e) Suppliers shall not be allowed to submit a Bid for any Bid Solicitation in which the Supplier has participated in the preparation of the Bid Solicitation, and any such Bid submitted shall be disqualified.

Page 27 of 36 223


SEVERABILITY

39. If any Section or Sections of this By-law or parts thereof are found by an adjudicator of competent jurisdiction to be invalid or beyond the power of Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of the By-law shall be deemed to be separate and independent there from and shall continue in full force and effect unless and until similarly found invalid or beyond the power of Council to enact.

BY-LAW REVIEW

40. The Commissioner of Corporate Servicesrrreasurer shall review the effectiveness of this By-law at least every five (5) years and report to Council as necessary.

REPEAL

41. (a) That By-law number 56-2009 of The Regional Municipality of Niagara, as amended, shall be repealed effective on the date this By-law comes into force.

(b) That, notwithstanding Subsection 41 (a), By-law 56-2009 of The Regional Municipality of Niagara, as amended, shall continue to apply to all Bid Solicitations commenced before its repeal.

EFFECTIVE BY-LAW DATE

42. This By-law shall come into force and effect on the day upon which it is passed.


Ralph Walton, Regional Clerk

Passed: October 2, 2014

Page 28 of 36 224

Bill 93 Authorization Reference: CSD 82-2014 Schedule "A"

PROCUREMENT BY*LAW THE REGIONAL MUNICIPALITY OF NIAGARA


The Purchase of the items in Schedule "A" shall be made in accordance with Section 3 of this By-law.

1. Petty Cash items

2. Training and Education (a) Conferences, conventions, courses and seminars (b) Magazines, books, periodicals (c) Memberships (d) Staff Development

3. Refundable Employees Expenses (a) Advances (b) Meal Allowances (c) Travel and Entertainment (d) Miscellaneous - Non-Travel

4. Employer's General Expenses (a) Payroll Deductions Remittances (b) Medical (c) Licenses (Vehicle, Firearms, etc.) (d) Debenture Payments (e) Insurance Premiums (f) Grants to Agencies (g) Damage Claims (h) Petty Cash Replenishment (i) Tax Remittances G) Regional charges to and from other government bodies (k) Sinking Fund Payments (I) Payments for employment (m) Postage

Page 29 of 36 225

Bill 93 Authorization Reference: CSD 82-2014 Schedule "A"



5. Professional and Special Services (a) Committee Fees (b) Medical and Laboratory Services (c) Fees for professional legal or related expert services (d) Payments to Social Service and Health Agencies that are subject

to Purchase of Service Agreements, such as child care providers. (e) Medical and Dental fees (f) Funeral and Burial expenses (g) Appraiser Fees (h) Witness fees (i) Honorariums 0) Work payments to Long Term Care Residents (k) Advertising (I) Vouchers for all expenses for Social Service Recipients

6. Ongoing maintenance and software licencing agreements for equipment such as computer hardware and software, telecommunications equipment, elevators, and HVAC equipment.

7. Banking Services and Charges

8. Utilities (monthly charges) (a) Water and Sewer (b) Hydro (c) Gas ( d) Communication Infrastructure Services such as Bell, Cogeco,

Rogers, etc. (e) Utility relocations (f) Construction work completed by Railways on property of the

Corporation and billed to the Corporation.

Page 30 of 36 226

Bill 93 Authorization Reference: CSD 82-2014 Schedule "B"

1.

2. 3.

4.


BID IRREGULARITIES


IRREGULARITY RESPONSE Late Bids. Automatic rejection.

Returned unopened to the bidder. Unsealed Envelopes. Automatic rejection. Insufficient Financial Security A) No Bid Deposit, uncertified cheque, or Automatic rejection.

financial security not an original (e.g. a photocopy or a facsimile of a financial security).

B) Amount of financial security is Automatic rejection. insufficient: i. Amount of security is expressed Automatic rejection, unless in the opinion of

as a percentage of the total bid Procurement and Strategic Acquisitions and Legal sum. and Court Services, the insufficiency in the financial

security is de minimus (trivial or insiQnificant). ii. Amount of security is expressed Automatic rejection.

only as a dollar fa:1ure. C) i. Name or signature of Supplier is Automatic rejection.

missing or incomplete. ii. Seal of Supplier is missing or Two (2) working days* to obtain missing or

incomplete. incomplete items. D) Name, signature, or seal of bonding Automatic rejection.

company is missinQ or incomplete. E) Failure to provide a letter of Automatic rejection.

agreement to bond (if required). Bid Document - execution

A) Bids completed in erasable medium. Automatic rejection. B) i. Signature of representative Automatic rejection.

authorized to bind the Supplier missing or incomplete on the prescribed form which is to be submitted in response to a Bid Solicitation.

ii. Electronic signature of Two (2) working days* to obtain original signature. representative or absence of corporate seal authorized to bind the Supplier shown on the prescribed form which is to be submitted in response to a Bid Solicitation.

C) Form of Proposal missing or Two (2) working days* to correct to the satisfaction incomplete. of Procurement and Strategic Acquisitions,

otherwise automatic rejection.

Page 31 of 36 227

Bill 93 Authorization Reference: CSD 82-2014 Schedule "B"

5.

6.

7.

8.

9.

10.

11.

12.

13.


BID IRREGULARITIES


IRREGULARITY RESPONSE D) Form of Quotation or Tender missing Automatic rejection.

or incomplete. E) Signature of witness, if required, Two (2) working days* to correct, otherwise

missing or incomplete. automatic rejection. F) Date of Bid missing or incomplete. Two (2) working days* to correct, otherwise

automatic rejection or, if stated in the Bid Solicitation, automatic rejection.

Incomplete, illegible or obscure Bids or Two (2) working days* to correct to the satisfaction Bids which contain information not called of Procurement and Strategic Acquisitions, for, erasures, overwriting or strike outs otherwise automatic rejection. (not initialed). Document, in which all necessary Addenda Two (2) working days* to confirm Bid to the have not been acknowledged. satisfaction of Procurement and Strategic

Acquisitions or, if stated in the Bid Solicitation, automatic rejection.

Failure to attend mandatory site visit (if Automatic rejection. required). Bid received on documents other than Automatic rejection, unless allowed for in the Bid those provided in the Bid Solicitation. Solicitation. Failure to insert the bidder's business Automatic rejection unless, in the opinion of name in the space provided in the Bid Procurement and Strategic Acquisitions and Legal Solicitation form. and Court Services, the incomplete nature is trivial

or insionificant. Mathematical errors. Two (2) working days* to initial the corrections as

made by the Corporation. Unless otherwise stated in the Bid, the unit price shall prevail and the total Bid price shall be adjusted accordingly. The Corporation reserves the right to waive initialing anc accept Bid as corrected.

Qualified Bids (Bids qualified or restricted Automatic rejection by an attached statement). Bids containing minor obvious clerical Two (2) working days* to confirm Bid to the errors. satisfaction of Procurement and Strategic

Acquisitions. Any other irregularities. The Director of Legal and Court Services, or

Designate, shall have authority to waive other irregularities or grant two (2) working days * to initial such other irregularities considered to be minor. ..

*Where "working days" spec1f1ed, this 1s from the hour the Bidder is notified by Corporation staff of the ·regularity

Page 32 of 36 228

Bill 93


Low Value (for routine Purchases of low dollar value)

Informal Quotation [obtain, if possible, 3 Nritten quotations for :ioods and services) =ormal Quotation :formal bid solicitation to )btain quotations from at east 3 suppliers) ~equest for Tender

PROCUREMENT BY-LAW

Authorization Reference: CSD 82-2014 Schedule "C"


Dollar Value Purchasing Authority* Document Execution Type Of Agreement Authority With Supplier

Up to $10,000 Department Representative Department Director Cash, Purchase Order or Purchasing Card

> $10,000 to $25,000 Department Manager Department Director Purchase Order or legally executed agreement

> $25,000 to $100,000 Departmept Associate Director Department Commissioner or Purchase Order or or Designate Designate legally executed

agreement

> $100,000 to $250,000 Department Director or Department Commissioner or Purchase Order or Designate Designate legally executed

agreement > $250,000 to $1 million Department Commissioner or Department Commissioner or

Designate, and Director of Designate and Commissioner Procurement and Strategic of Corporate Acquisitions Services/Treasurer

> $1 million to $5 million Department Commissioner or CAO Designate, and the Commissioner of Corporate Services/Treasurer or CAO


Page 33 of 36

229

Bill 93


Request for Proposal

PROCUREMENT BY-LAW


THE REGIONAi,.. MUNICIPALITY OF NIAGARA PURCHASING AND EXECUTION AUTHORITY


> $10,000 to $25,000 Department Manager Department Director Purchase Order or legally executed agreement

> $25,000 to $100,000 Department Associate Director Department Commissioner or or Designate Designate

> $100,000 to $250,000 Department Director or Department Commissioner or Designate Designate

> $250,000 to $1 million Department Commissioner or Department Commissioner or Designate, and Director of Designate and Commissioner Procurement and Strategic of Corporate Acquisitions Services/Treasurer

> $1 million to $5 million Department Commissioner or CAO Designate, and Commissioner of Corporate Services/Treasurer or CAO


Page 34 of 36

230

Bill 93

I Method Of Purchasing

Special Circumstance, Single Source and Negotiation

PROCUREMENT BY-LAW




> $10,000 to $25,000 Department Associate Director Department Director Purchase Order or or Designate legally executed

agreement > $25,000 to $50,000 Department Director or Department Commissioner or

Designate Designate

>$50,000 to $100,000 Department Commissioner or Department Commissioner or Designate Designate

> $100,000 to $250,000 Department Commissioner or Department Commissioner or Designate and Director of Designate and Commissioner Procurement and Strategic of Corporate Acquisition -- Services/Treasurer

>$250,000 to Department Commissioner or Department Commissioner or $1,000,000 Designate and Commissioner of Designate and CAO

Corporate Services/Treasurer

>$1,000,000 Council Regional Clerk and Regional Chair

* "Purchasing Authority" means those positions listed, and includes any position which is higher in the Corporation's reporting structure.

Page 35 of 36

231


PROCUREMENTB~LAW THE REGIONAL MUNICIPALITY OF NIAGARA

INDEX

PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW ................................................. 1 DEFINITIONS .......................................................................................................................... 2 APPLICATION ......................................................................................................................... 7 RESPONSIBILITIES AND AUTHORITIES .............................................................................. 8 REQUIREMENT FOR APPROVED FUNDS .......................................................................... 10 TRADE AGREEMENTS ......................................................................................................... 10 ADVERTISING OF BID SOLICITATIONS ............................................................................. 11 PURCHASING DOCUMENTATION ...................................................................................... 11 METHODS OF PURCHASING .............................................................................................. 11 REQUEST FOR PRE-QUALIFICATION ................................................................................ 12 REQUEST FOR EXPRESSIONS OF INTEREST .................................................................. 13 LOW VALUE PURCHASES ................................................................................................... 13 INFORMAL QUOTATIONS .................................................................................................... ·13 REQUEST FOR QUOTATION ............................................................................................... 14 REQUEST FOR TENDER ..................................................................................................... 15 REQUEST FOR PROPOSAL ................................................................................................ 15 SPECIAL CIRCUMSTANCE PURCHASES ........................................................................... 17 SINGLE SOURCE PURCHASES .......................................................................................... 17 NEGOTIATION ...................................................................................................................... 18 ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES ......................................... 18 FORMAL BID PROCESS ...................................................................................................... 19 CO-OPERATIVE PURCHASING ........................................................................................... 20 REPORTING PROCEDURES ............................................................................................... 20 PRESCRIBED COUNCIL APPROVAL .................................................................................. 20 DOCUMENT EXECUTION AUTHORITY ............................................................................... 20 FINANCIAL SECURITIES AND INSURANCE ....................................................................... 21 BID IRREGULARITIES .......................................................................................................... 21 FORM OF CONTRACT ......................................................................................................... 21 SUPPLIER PERFORMANCE ................................................................................................ 22 DISPUTE RESOLUTION ....................................................................................................... 23 LOBBYING RESTRICTIONS ................................................................................................. 24 ACCESS TO INFORMATION ................................................................................................ 24 SURPLUS ASSETS ............................................................................................................... 25 COMPLIANCE ....................................................................................................................... 26 ENVIRONMENTALLY SOUND ACQUISITIONS ................................................................... 26 IN HOUSE BIDS .................................................................................................................... 26 PROVIDING ASSISTANCE ................................................................................................... 26 CONFLICT OF INTEREST .................................................................................................... 27 SEVERABILITY ..................................................................................................................... 28 BY-LAW REVIEW .................................................................................................................. 28 SCHEDULE "A" - EXCEPTIONS TO FORMAL PURCHASING PROCESS ............................. 29 SCHEDULE "B" - BID IRREGULARITIES ................................................................................. 31 SCHEDULE "C" - PURCHASING AND EXECUTION AUTHORITY ......................................... 33

Page 36 of 36 232

Niagara Region

October 6, 2014 ·

LOCAL AREA MUNICIPALITIES

Administration Office of the Regional Clerk

CO~POMff .SERVIeES O:E:!Pl~:RTMENlf

220 I St. David's Road W, PO Box I 042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.nlagarareglon.ca

CL 13-2014, October 2, 2014 PDC 8-2014, September 24, 2014

Report PDS 37-2014

NIAGARA PENINSULA CONSERVATION AUTHORITY

SENT ELECTRON/CALLY

Lakefront Enhancement Strategy 2014 Incentive Program Recommendations Projects ZPL 1301 and ZPL1401 PDS 37;.2014

Regional Council, at its meeting of October 2, 2014, approved the following recommendations of its Planning and Development Committee:

That Report PDS 37,,2014, September 24, 2014, respecting Lakefront Enhancement Strategy 2014 Incentive Program Recommendations Projects ZPL 1301 and ZPL 1401, BE RECEIVED and the followlng recommendations BE APPROVED: .

1. That subject to initiation of projects ZPL 1301 and ZPL 1401 Lakefront Enhancement Strategy (LES), the amount of $1,747,605.26 BE APPROVED for the 2014 Local Area Municipal projects identified in Appendix 1 of Report PDS 37-2014 for funding under the LES Incentive Program;

2. That subject to initiation of projects ZPL 1301 and ZPL 1401, Regional staff BE DIRECTED to prepare and execute the respective partnership funding agreements with Local Area Municipalities for qualifying projects; and

3. That Area Municipalities and the Niagara Peninsula Conservation Authority BE ADVlSED of the results of Regional funding support as set out in Appendix 1 of Report PDS 37-2014.

A copy of Report PDS 37-2014 is enclosed for your information.

. .. /2 233

Ralph Walton Regional Clerk :amn

cc: K. Vaughan, Project Manager, Community and Long Range Planning R. Mostacci, Commissioner, Planning & Development Services M. L Tanner, Director, Community and Long Range Planning C. Benson, Manager, Community Planning N. Smagata, Administrative Assistant, Planning & Development Services

234

REPORT TO:

SUBJECT:

Niagara •If Region

Planning and Development Committee

Lakefront Enhancement Strategy

PDS 37-2014 September 24, 2014

Page 1 of 6

2014 Incentive Program Recommendations Projects ZPL 1301 and ZPL 1401

RECOMMENDATIONS

1. That subject to initiation of projects ZPL 1301 and ZPL1401 Lakefront Enhancement Strategy (LES), the amount of $1,747,605.26 BE APPROVED for the 2014 Local Area Municipal projects identified in Appendix 1 for funding under the LES Incentive Program.

2. That subject to initiation of projects ZPL 1301 and ZPL 1401, Regional staff BE DIRECTED to prepare and execute the respective partnership funding agreements with Local Area Municipalities for qualifying projects.

3. That Area Municipalities and the Niagara Peninsula Conservation Authority BE ADVISED of the results of Regional funding support as set out in Appendix 1.

PURPOSE

This report recommends approval of 2013 and 2014 Regional Lakefront Enhancement Incentive Program funding for Local Area Municipal projects.

This report aligns with Council Business Plan Theme 4: Environmentally Responsible and Action 4.2: To develop a waterfront enhancement strategy.


Requests to co-fund lakefront enhancement projects are subject to available funds in the Waterfront Enhancement Incentive Program budget and are brought forward for Council's consideration following a call for applications. The recommended eligible projects submitted by Local Area Municipalities total $1,747,605.26. This is within the combined 2013 and 2014 Lakefront Enhancement Incentive Program budget of $2,000,000.

REPORT

As part of the Lakefront Enhancement Strategy's implementation plan, an incentive program was established to encourage lake-fronting area municipalities and the Niagara

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Page 2 of 6

Peninsula Conservation Authority (NPCA) to partner with Niagara Region to enhance lakefront assets throughout the region. In Spring of 2014, Local Area Municipalities and the NPCA were asked to submit Lakefront Enhancement Incentive Program funding applications. A total of nine applications were received from Local Area Municipalities. The nine projects ranged from the development of master plans to the construction of shoreline erosion control measures. The tota! budget for all the projects is $4,089,049.20 and the budget ask for Niagara Region is$ 1,790,424.26. A summary of the project applications and funding amounts have been outlined in Appendix 1.

This program is a shared partnership program with the Local Area Municipalities and the NPCA. A collaborative approach is utilized in the application process and the review process. A new shared team, the Municipal Advisory Group (MAG) composed of staff representatives from the Local Area Municipalities, NPCA and Niagara Region, evaluated the applications to ensure alignment with the Lakefront Enhancement Strategy. The MAG has recommended that all of the applications receive funding with one exception. All of the projects being recommended align with Council's adopted vision, goals and objectives of the Lakefront Enhancement Strategy. The application that is not recommended is from the Friends of the Port Colborne Lighthouses. It was not put forward for funding because the proposed budget was for expenses that are not eligible for funding (e.g., insurance fees, website development). The MAG has recommended that staff from Niagara Region and the City of Port Colborne work together with the Friends of the Port Colborne Lighthouses to revise the application for 2015. The total recommended funding allocation, therefore, is$ 1,747,605.26.

As part of the 2014 application process, projects undertaken in 2013 were also eligible for funding. This was determined to be a fair and equitable approach by the MAG because the funding from Niagara Region was first provided in 2013. No request for projects was done in 2013 because the Lakefront Enhancement Strategy was not completed until 2014. In future years, retroactive funding will only be made available for unexpected acquisition projects, as outlined within the Council approved Lakefront Enhancement Strategy.

Looking Ahead to 2015

The Municipal Advisory Group has recognized the importance of collaborating to align and coordinate projects across Niagara region over the next five to ten years. The NPCA has indicated that they intend to apply for $1,000,000 in 2015 for the purchase of shoreline property in Wainfleet. A strategy session with the MAG will be coordinated to determine how to prioritize funding requests, such as this one. The proposed 2015 budget will include $1 M in funding for lakefront projects, as well as the balance from 2013 and 2014.

Concluding Comments

This report is the culmination of several years of work involving the creation, funding, and implementation of the Lakefront Enhancement Strategy. The funded projects are

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Page 3 of 6

significant investments in communities on both Lake Ontario and Lake Erie. Local municipalities and the region as a whole benefit from such investments through increased quality of life, attractiveness to tourists and people relocating to the region, and experience in other municipalities shows a general higher increase in adjacent and nearby property values after such investments are made.

Also of note is the creation of the Municipal Advisory Group. The Group is a shared collaborative that provides overall stewardship of the Lakefront Enhancement Strategy and alignment of funded projects through a rigorous review process. The staff time and commitment from the member municipalities is noteworthy and all MAG members deserve thanks for their work and time. The MAG members currently are: Adele Arbour (Eldon Darbyson), City of Thorold; Grant Munday, City of Welland; Kathleen Dale, Town of Lincoln; Kristen Sullivan, City of St. Catharines; Leah Wallace, Town of Niagara-onthe-Lake; Lindsay Richardson, City of Port Colborne; Michael Seaman, Town of Grimsby; Michael Sullivan, Township of Wainfleet; Signe Hansen, Town of Fort Erie; Rachelle Larocque, Township of West Lincoln; Mark Brickell, Niagara Peninsula Conservation Authority; Julie Hannah, Town of Pelham; and Curt Benson and Katelyn Vaughan, Niagara Region.


• ICP 13-2014 (February 27, 2014): Lakefront Enhancement Strategy - Findings and Implementation Report

• CSD 84-2014 (October 2, 2014): Initiation of Planning and Development Services Capital Budgets - 2013 and 2014 Capital Projects


Mary Lou Tanner, MCIP RPP Acting Commissioner Planning and Development Services

This report was prepared by Katelyn Vaughan, Project Manager, Community and Long Range Planning and reviewed by Curt Benson, MCIP, RPP, Acting Director, Community and Long Range Planning and Bob Seguin, Director of Economic Development.

APPENDICES

Appendix 1 Lakefront Enhancement Incentive Program Project Applications

237

Appendix 1: Lakefront Enhancement Incentive Program Project Applications

To.:wn of I West End Waterfront Master This project is twofold. The first component is a study to Grimsby Plan and Trail Plan Study and determine trail location and specifications and interface

Plan implementation. between trails, which was undertaken in 2014. The second component is the implementation of the Master Plan and Study Plan through trail development, signage, landscaping, seating, and parking facilities, which will be carried out in 2014/2015.

/ Cobblestone Beach and Construction of West Casablanca Beach, which involved Shoreline Protection - West erosion control measures to address erosion hazard and to Casablanca Beach protect publicly owned lakefront property. _l_

friends,ohhe Save our (Port Colborne) A non-for-profit organization, Save our (Port Colborne) Por:t tolborne Lighthouses Lighthouses, proposal to secure, acquire, repair, restore and Lighthouses - 're-master' two historic lighthouses in Port Col borne that City ·of' Port are currently declared surplus. The organization is hoping to Col borne raise funding to keep the lighthouses open to the public

through public tours.

Note: The Municipal Advisory Group has recommended that staff from the City of Port Co/borne and Niagara Region work together with the organization to help better position the funding application for 2015.

Town.of Fort Bay Beach Master Plan The Bay Beach Master Plan will look at the site holistically, Erie in the context of the Crystal Beach community, in order to

inform and assist Council in developing a long-term vision for the property.

.;..;. ,. 1 Lake Erie Unopened Removal of impediments to access 3 unopened road Waterfront Road Allowance allowances resulting from encroachments from I

$ 1, 150, ooo I

__ $ 1,188,590 I

$ 60,000

$100,000

s 50,000 I


Appendix I Page 4of6

*The total funding requests for Grimsby exceed the $1m cap, so the total recommended funding has been reduced to meet this cap.

$575,000 I $562,181

~±37, 81~1 $43Z, 819

$ 30,000 I $0

$ 50,000 $ 50,000

s 25,ooo I $ 25,000

238

eityof'si. ·· €atharines

Niagara.:.on~the

lake

Trail Improvements to the Waterfront Trail at Happy Rolph's

Lakeside Park and Port Dalhousie Harbour Enhancements

Shoreline Protection Conceptual Design Option Report

neighbouring properties. The costs will be shared between the private landowners and the Town.

Note: Residents impacted by the Waterfront Road Allowance Access Improvement on Beachview Avenue have expressed concerns about the road closure and streetscaping associated with the plans. These concerns are being managed through the Town of Fort Erie and do not fall under Regional jurisdiction. Niagara Region's funding towards these projects is intended to help alleviate some of the financial impacts that landowners may incur. The proposed enhancements for this Trail are to improve access by reducing the grades and upgrading this section of the Waterfront Trail from stone screening to asphalt.

Project to enhance Lakeside Park and the Port Dalhousie Harbour, which will include renovations to the washrooms and concession building; upgrading the Lakeside Park electrical system, replacing the playground equipment, and constructing accessible pathways to the lighthouse and east pier; introduction of Mobi-Mats (allow visitors with mobility devices to access the beach and water's edge).

A study that provides three (3) possible approaches to controlling shoreline erosion in the area adjacent to the public dock and to enhance the appearance of the shoreline in this area. This study was undertaken in accordance with the Dock Area Secondary Plan to address erosion issues occurring on a recently acquired waterfront property that provides public access to the shoreline.

$ 80,000

$ 1,420,000

$4,579.20



$ 40,000 $ 40,000

$ 615,000 $ 615,000

$2,289.60 $2,289.60

239

Dock Area Enhancements -Railway Right-of-Way Trail & Dock Area Parkette

This project involved creating an accessible walking path along the old Electric Railway right-of-way, upgrades to the public dock area (e.g., plantings, waste receptacles, benches, road shoulder improvements) in order to create better connectivity along the shoreline and to enhance public experiences at the dockside area.


Appendix I Page 6 of 6

240

Niagara Region

October 6, 2014

LOCAL AREA MUNICIPALITIES NIAGARA REGIONAL HOUSING

SENT ELECTRON/CALLY

City of Port ~i'JltJorne RECE::tVED

oct ... e 2014 Administration Office of the Regional Clerk

CORPOIVl.TE: SERVICE' DEPARTMENT

220 I St. David's Road W, PO Box I 042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: I ·800/263-7215 Fax: 905-687-4977 www.nlagararegion.ca


Report PDS 38~2014

Bill 3 - Proposed Changes to the Planning Act With Respect to lnclusionary Housing PDS 38-2014

Regional Council, at its meeting of October 2, .2014, approved the following recommendations of its Planning and Development Committee:

That Report PDS 38-2014, September 24, 2014, respecting Bill 3 - Proposed Changes to the Planning Act with Respect To lnclusionary Housing, BE RECEIVED and the following recommendation BE APPROVED:

1. That a copy of Report PDS 38-2014 BE CIRCULATED to Niagara's Local Municipalities and Niagara Regional Housing for information.

A copy of Report PDS 38~2014 is enclosed for yollr information.

Yours truly,

Ralph Walton Regional Cieri< :amn

cc: K. Martel, Planner R. Mostaccl, Commissioner, Planning & Development Services M. L. Tanner, Director, CommLJnity and Long Range Planning c. Benson, Manager, Community Planning N. Smagata, Administrative Assistant, Planning & Development Services

241

Niagara .f!/T/lf Region

REPORT TO: Planning and Development Committee


Page 1 of 3

SUBJECT: Bill 3- Proposed Changes to the Planning Act with Respect to lnclusionary Housing

RECOMMENDATIONS

1. That this report BE RECEIVED for information.

2. That a copy of this report BE CIRCULATED to Niagara's Local Municipalities and Niagara Regional Housing for information.

PURPOSE

The purpose of this report is to provide Regional Council information on proposed changes to the Planning Act as a part of Bill 3: An Act to Amend the Planning Act with Respect to lnclusionary Housing.


There are no direct financial implications as a result of this report. If Bill 3 receives Royal Assent, an Amendment to the Regional Official Plan may be warranted. If it is determined that an Amendment is necessary, the cost associated with staff time to prepare the Amendment can be accommodated in the Planning and Development Services budget.

REPORT

In 2010, the Ministry of Municipal Affairs and Housing released Building Foundations: Building Futures, Ontario's Long-Term Affordable Housing Strategy (L TAHS). The aim of the L TAHS is to improve Ontarians' access to adequate, suitable and affordable housing. While these types of plans and legislation to support affordable housing have existed in other jurisdictions in Canada for some time (e.g. British Columbia), this is a completely new approach in Ontario.

In order to provide support for affordable housing options, the Province has introduced legislation to strengthen Ontario's planning documents. Bill 140: Strong Communities Through Affordable Housing Act, 2011 introduced changes to the Planning Act by

242


Page 2 of 3

requiring municipalities to implement Official Plan policies and zoning by-law provisions that provide secondary units in detached, semi-detached and townhouses or as accessory units. Bill 140 removed the right to appeal to the Ontario Municipal Board (OMB) the provision of secondary units. More recently, Bill 3 was introduced to the Legislature on July 7, 2014. Bill 3 proposes to amend the Planning Act with respect to inclusionary housing 1.

Changes to the Planning Act being proposed through Bill 3 are as follows:

• Definition of "Affordable", as related to housing2, added;

• Municipalities may require, through their comprehensive zoning by-law, that a specified percentage of housing units in all new developments containing 20 or more housing units be affordable;

• Municipalities are permitted to determine an acceptable percentage of affordable housing units to be provided in a new development;

• The inclusionary housing zoning by-law applies to all new developments, regardless of whether the new housing development requires amendments to an existing by-law or not;

• Municipalities can enter into agreements with the developer dealing with affordable housing requirements, such as restricting ownership and occupancy of the affordable units to eligible persons;

• Municipalities are not required to provide financial assistance or other incentives to developers where an inclusionary housing by-law exists; and,

• Municipalities must have Official Plan policies in place that contain provisions for inclusionary housing before it is introduced in the zoning by-law.

lnclusionary housing policies would support the planning objectives and actions discussed in Goal 3 of Niagara Region's Housing and Homelessness Action Plan (HHAP), which identifies the need for more affordable housing including affordable rental housing. Ultimately, these proposed changes would be implemented at the local level through local municipal Official Plans and Zoning By-Laws. Municipalities would be responsible for determining whether or not to introduce inclusionary housing policies in their planning documents.

1 lnclusionary housing refers to the process where private developers are required to provide some portion of housing within new market projects as affordable housing as regulated through planning legislation and the approval process.

2 Affordable means: a.) in the case of ownership housing, the least expensive of: 1. Housing for which the purchase price results in annual accommodation costs which do not exceed 30% of gross annual household income for low and moderate income households; or 2. Housing for which the purchase price is at least 10% below the average purchase price of a resale unit in the regional market area. b.) In the case of rental housing, the least expensive of: 1. A unit for which the rent does not exceed 30% of gross annual household income for low and moderate income households; or 2. A unit for which the rent is at or below the average market rent of a unit in the regional market area.

243


Page 3 of 3

The Provincial Policy Statement (PPS, 2014) directs upper tier municipalities to establish and implement minimum targets for the provision of housing which is affordable to low and moderate income households. As such, in the event that a local area municipality decides to introduce inclusionary housing policies, Regional and local planning staff should work together to ensure the establishment of an acceptable percentage of affordable housing units required in new developments is reflective of the Regional affordable housing target.

Bill 3 was introduced in July 2014 at first reading. Bill 3 is an opposition member's bill and not a government bill. Staff will continue to monitor the status of Bill 3 as it moves through the legislative process and provide information to Council as necessary.


NIA

Submitted by:

Mary Lou Tanner, MCIP, RPP Acting Commissioner Planning and Development Services

Approved by:

Chief Administrative Officer

This report was prepared by Kelly Martel, Planner, and reviewed by Curt Benson, MCIP, RPP, Acting Director, Community and Long Range Planning, Maryellen Macie/Ian, General Manager, Niagara Regional Housing and Katherine Chislett, Commissioner of Community Services.

244


City of Port Colborn~ i~ECEIVE[)

OCT - 6 201~ Niagara Region 2201 St. David's Road W, PO Box 1042, ~e~r&2}Yr:~H'ilCF.::S1

Telephone: 905-685-4225 Toll-free: I ·800-263·ilif!'AJXJ~.1\t<J11ffll>r~·g7.4977 www.niagararoglon.ca

October 3, 2014

LOCAL AREA MUNICIPAL/TIES


Report PDS 39-20.14


SENT ELECTRON/CALLY

Canada\American Partnership Approach to Promote the Niagara River Corridor as a "Wetland" Of International Importance PDS 39-2014

Regional Council, at its meeting of October 2, 20141 approved the following recommendations of its Planning and Development Committee:

That Report PDS 39~2014,. September 24, 2014, respecting Canada\.l\merican Partnership Approach to Promote the Niagara River Corridor as a "Wetland" of International Importance, BE RECEIVED and the following recommendation BE APPROVED1 as amended:

1. That Report PDS 39-2014 BE CIRCULATED to local area municipalities and Niagara Peninsula Conservation Authority and the International Niagara Board of Control.


Ralph Walton Regional Clerk :amn

cc: P. Tootoonchlan, Policy Planning Student K. Vaughan, Project Manager, Community and Long Range Planning R. Mostacci, Commissioner, Planning & Development Services M. L. Tanner, Director, Community and Long Range Planning C. Benson, Manager, Community Planning N. Smagata, Administrative Assistant, Planning & Development Services

245

REPORT TO:

SUBJECT:

Niagara9/I/ Region

Planning and Development Committee


Page 1 of 4

Canadian/American Partnership Approach to Promote the Niagara River Corridor as a 'Wetland' of International Importance

RECOMMENDATIONS


2. That this report BE CIRCULATED to local area municipalities and the Niagara Peninsula Conservation Authority.

PURPOSE

The purpose of this report is to provide Regional Council with an overview of a partnership project between Canadian and American agencies to designate the Niagara River Corridor as a Ramsar Site and the region-wide benefits of this designation. Ramsar sites are wetlands of international importance, designated under the Ramsar Convention.

This report on the Niagara River Corridor as a Ramsar Site aligns with Council Business Plan Theme 1: Responsive Region and Theme 4: Environmentally Responsible.


There are no direct financial or regulatory implications related with this report. The Niagara Parks Commission is the lead 'nominating' agency on the Canadian side. As the majority of the ground-work is being done by the SUNY Buffalo Law team at the University at Buffalo, there are no financial requirements at this time aside from staff time, which is within current budgets. At this time, Niagara Region's staff commitments are only required for Working Group meetings and documentation review.

Ramsar is voluntary, non-regulatory, and non-binding and therefore there are no legal or legislative implications associated with this designation. Wetland protection legislation is and will continue to be under the jurisdiction of the Ontario Ministries of Natural Resources and Environment and the Department of Fisheries and Oceans Canada.

246


Page 2 of 4

As this designation is non-regulatory, there would be no additional enforcement requirements or development limitations; just a commitment from landowners to follow sustainable practices. While the designation would encompass the entire Niagara River, each landowner/stakeholder is only responsible for its own property.

REPORT

Background

The Ramsar Convention is a voluntary intergovernmental treaty that is committed to encouraging education and sustainable development as a means of protecting global wetlands. The Convention uses a broad definition of the type of wetlands covered in its mission, including lakes and rivers, swamps and marshes, wet grasslands and peatlands, oases, estuaries, deltas and tidal flats, near-shore marine areas, mangroves and coral reefs, and human-made sites such as fish ponds, rice paddies, reservoirs, and salt pans. The purpose of this treaty signed in Ramsar, Iran, in 1971, is to promote conservation and wise use of wetland areas through local, national, and international sustainable development practices. These sustainable practices are a framework for maintaining ecological, hydrological, social as well as economic characteristics and functions of Ramsar sites. The criteria for obtaining Ramsar designation is provided in Appendix I. Sites must meet one of nine criteria.

Opportunity to Designate the Niagara River Corridor

The Niagara River Corridor Ramsar Working Group has been working collect.ively with representatives from both Canada and the United States to determine the feasibility of designating the Niagara River Corridor as a Ramsar wetland site. Canadian representatives include The Niagara Parks Commission, Niagara Region, Ontario Ministry of Natural Resources, Niagara Peninsula Conservation Authority and Brock University. American Representatives include Niagara River Greenway Commissions, New York State Department of Environmental Conservation, US Fish and Wildlife Service, SUNY Buffalo, and Buffalo Niagara Riverkeepers. Canada currently has 37 Ramsar designated sites, including Long Point and Point Pelee. lf the Niagara River Corridor is designated as a Ramsar site, it will mark the first trans-boundary site in North America.

The Niagara Parks Commission has elected to be the lead 'nominating' agency on the Canadian side because they currently own and manage a significant portion of the Niagara River (Canadian side) up to the Canada/U.S border. The Niagara River consists of characteristics that satisfy several of the convention's criteria, making it eligible for ecological, hydrological, social and economic protection under Ramsar wetland designation.

To date, a wide variety of agencies have been included and consulted with on this initiative as noted above. It is anticipated that public consultation will be done in the

247


Page 3 of 4

near future, and private residents living along the Niagara River will need to be consulted.

Regional Benefits

This designation will allow for Niagara Region to further foster cooperation and partnership between the United States and Canada to ensure conservation both within and around the Niagara River Corridor. Such a partnership will allow Niagara Parks Commission and more broadly the Niagara region to showcase their image as an international leader in environmental and ecological sustainability.

The Ramsar designation of the Niagara River Corridor will promote increased public awareness of the River's importance through research and development. More specifically, the Niagara Parks Commission and its partners will have the potential to lead research and development programs alongside United States representatives to improve understanding of the River and preserve its ecological importance.

As a Ramsar site, the Niagara River Corridor will also open up greater opportunities for expanding tourism programming both along the river and throughout the region. This process will also provide opportunities for members of the public to participate in consultation processes and discussions pertaining to the significance of environmental and ·ecological conservation of the region.

Approved by:


This report was prepared by Pegah Tootoonchian, Policy Planning Student and reviewed by Katelyn Vaughan, Project Manager, Community and Long Range Planning; Curt Benson, MCIP, RPP, Acting Director, Community a.nd Long Range Planning; an~ Bob Seguin, Director of Economic Development.

APPENDICES

Appendix I Ramsar Designation Criteria and Niagara River Corridor Criteria Alignment

248

Ramsar Criteria

1

2

3

4

5

6

7

8

9



Appendix I: Ramsar Designation Criteria and Niagara River Corridor Criteria Alignment

Ramsar Criteria Description

Site is representative, rare or unique.

Site supports vulnerable or endangered species, or threatened ecological communities.*

Site supports keystone or endemic species.*

Site supports species at a critical stage in their life cycles (migration, breeding, and nesting).*

Site supports 20,000 or more water birds.*

Site supports 1 % of the individuals in a population of one species of water bird.

Site supports 1 % of individuals in a population of one species or subspecies of wetland-dependent non-avian animal species.

Site supports a significant proportion of indigenous fish species.

Site is an important source of food, spawning ground, and nursery and/or migration path for fish.*

*Niagara River Corridor characteristics that align with Ramsar Criteria

. ··-·---·------- --·-----~·--·--·-·-·-

249

250


City of Port Cc>lborne RECEIVED

OCT - 6 2014 CORPOR/.~lE SERVH~ES

DEPARTMENT

Niagara Region 2201 St. David's Road W, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.nlagararegion.ca

October 61 2014

LOCAL AREA MUNICIPALITIES


Report PDS 40-2014


SENT ELECTRON/CALLY

Great Lakes and St Lawrence Cities Initiative 2014 Annual Meeting Summary PDS 40-2014

Regional Council, at its meeting of October 2, 2014, approved the following recommendations of its Planning and Development Committee:

That Report PDS 40-2014, September 24, 2014, respecting Great Lakes and St. Lawrence Cities Initiative 2014 Annual .Meeting Summary, BE RECEIVED and the following recommendation BE APPROVED:

1. That a copy of Report PDS 40-2014 BE CIRCULATED to the local area municipalities and Niagara Peninsula Conservation Authority.


Yours truly,

Q· Ralph Walton Regional Clerk :amn

cc: P. Tootoonchian, Policy Planning Student K. Vaughan, Project Manager, Community and Long Range Planning R. Mostacci, Commissioner, Planning & Development Services M. L. Tanner, Director, Community and Long Range Planning C. Benson, Manager, Community Planning N. Smagata, Administrative Assistant, Planning & Development Services

251

Niagara •If Region

REPORT TO: Planning and Development Committee


Page 1 of 21

SUBJECT: Great Lakes and St. Lawrence Cities Initiative 2014 Annual Meeting Summary

RECOMMENDATIONS


2. That a copy of this report BE CIRCULATED to the local area municipalities and the Niagara Peninsula Conservation Authority.

PURPOSE

The purpose of this report is to provide information to members of Regional Council about the 2014 Great Lakes and St. Lawrence Cities Initiative's Annual Meeting. Included in the report are the outcomes of the resolutions.

This report on the 2014 Great Lakes and St. Lawrence Cities Initiative's Annual Meeting aligns with Council Business Plan Theme 1: Responsive Region and Theme 4: Environmentally Responsible.


There are no direct financial implications related with this report.

REPORT

The Great Lakes and St. Lawrence Cities Initiative (GLSLCI) is a bi-national coalition of mayors and other local officials working actively with state, federal and provincial governments to advance the protection and restoration of the Great Lakes and the St. LG1wrence River. The Niagara Region is a member of the GLSLCI.

The 2014 GLSLCI Annual Meeting and Conference was held June 18-20, 2014, in Thunder Bay, Ontario. At the Annual Meeting, members were asked to vote on resolutions (see Appendix II). The resolutions outline positions on issues of importance to the protection of the integrity of the Great Lakes and St. Lawrence River. The following 7 resolutions were adopted at the GLSLCI 2014 Annual Meeting:

252

1. Municipal Climate Adaptation and Resiliency


Page 2 of 21

Describes the adaptation efforts that the GLSLCI will be undertaking over the next two years to address climate change.

2. Asian Carp Endorses actions to reduce the risk of Asian Carp from migrating into the Great Lakes.

3. Microbeads Calls on the Personal Care Product Council and affiliated member companies to cease developing products containing microbeads, which do not decompose, are a hazard to. fish and wildlife and cannot be separated out through waste water treatment plants.

4. Reducing Nutrient Loadings in the Great Lakes Recommends Federal levels of government respond to the 16 recommendations made by the International Joint Commission to address the deteriorating conditions in Lake Erie.

5. Urban Planning and Topography Encourages participating members to take into account the effects of topography and drainage networks on flooding in low-lying areas, specifically in land use planning regulations, as a form of best practice in stormwater management.

6. Water Infrastructure Financial Sustainability Indicators Outlines plans for the GLSLCI to identify existing water infrastructure financial sustainability indicators to assist with reducing maintenance deficit and preserve current assets. The Initiative will work with member municipalities and stakeholders to raise awareness and commit to using indicators as a way to measure progress.

7. Fossil Energy Transportation Calls on all levels of government to develop effective legislation and regulations that will ensure responsible management of the transportation of fossil energies. Additionally, the GLSLCI recommends additional measures to improve current emergency responder capabilities and training to address spills and other incidents.

A brief summary of resolutions and associated Niagara Region projects and other initiatives are detailed in Appendix I and the full resolutions are provided in Appendix II. These resolutions will guide staff and members of the GLSLCI as they undertake initiatives related to the Great Lakes and St. Lawrence Seaway.

Niagara Region, and more specifically the WaterSmart Niagara Program, provides annual support for projects and activities that align with the Great Lakes and St. Lawrence Cities Initiative. Alignment of WaterSmart Niagara goals with the GLSLCI resolutions has been highlighted in Appendix I.


PDS 24-2014 (July 3, 2014): Niagara Water Strategy 2014 Review and Update Report

253

Submitted by:

PDS 40-2014 September 24 1 2014

Page 3 of 21

Approved by:


This report was prepared by Pegah Tootoonchian, Policy Planning Student, and reviewed by Katelyn Vaughan, Project Manager, Community and Long Range Planning; Curt Benson, MCJP, RPP, Acting Director, Community and Long Range Planning; Kevin Smith, Chief/Director, EMS; Mike Janas, Associate Director of Water and Staff Development; and Betty Matthews-Malone, Director of Water and Waste Water.

APPENDICES (Available Electronically)

Appendix I

Appendix II

Summary of Great Lakes and St. Lawrence Cities Initiative 2014 Resolutions and Niagara Region Projects and/or Initiatives

Great Lakes and St. Lawrence Cities Initiative 2014 Resolutions

254


Appendix I Page4 of21

Appendix I: Summary of GLSLCI 2014 Resolutions and Niagara Region Projects and/or Initiatives

Resolutions Brief Summary Niagara Region Projects and/or Niagara Water Initiatives Strategy Goal

Alignment The GLSLCI requests its members adopt a The Niagara Region is actively Call to Action, describing the adaptation involved in a series of climate change efforts they will be undertaking over the next initiatives that align with the resolution. two years to address the continued impacts The Region is participating in the

Municipal Climate of climate change. GLSLCI Call to Action and is one of Adaptation and only a few GLSLCI members to be Water Resiliency

Resiliency asked to participate in the Climate Ready Cities in collaboration with the National Oceanic and Atmospheric Administration (NOAA) and the Universitv of Michiaan.

The GLSLCI endorses the concept of A resolution has been passed by Shoreline and physical separation as the most effective Council, supporting the prevention of Watershed

Asian Carp way to stop the passage of the aquatic Asian Carp from entering the Great Management invasive species. The Initiative also Lakes (ICP 16-2013). endorses implementation of interim action to Water Resiliency reduce risk of Asian Carp migrating to Lake Michiqan. The GLSLCI calls on the Personal Care Niagara Region has recently launched Product Council and affiliated member a public awareness campaign ('Toilets

Micro beads companies to cease developing new are not Trash Cans") aimed at Water Pollution products containing microbeads. Phasing out reducing the amount of untreatable Prevention the use of existing products containing material being flushed down toilets. microbeads should be no later than December 31, 2015. The International Joint Commission released Council has directed staff to continue a report, which included 16 to engage with provincial and federal

Reducing Nutrient recommendations for all levels of levels of government on near shore Water Pollution Loadings in the government in Canada and the United water quality issues (PDS 24-2014). Prevention

Great Lakes States to assist with addressinq the

255

challenges of deteriorating conditions in Lake Erie. The GLSLCI recommends Federal levels of Government respond to the recommendations through awareness campaigns, financial and other resources to develop and implement action plans.

The GLSLCI encourages participating members to take into account the effects of topography and drainage networks on

Urban Planning and flooding in low-lying areas, specifically in Topography land use planning regulations, as a form of

best practice in stormwater management.

The GLSLCI will undertake an initial research of existing water infrastructure

Water Infrastructure financial sustainability indicators to assist Financial with reducing maintenance deficit and

Sustainability preserve current assets. The Initiative will Indicators work with member municipalities and

stakeholders to raise awareness and commit to using indicators as a way to measure progress.

The GLSLCI calls on all levels of government to develop effective legislation and regulations that will ensure responsible

Fossil Energy management of the transportation of fossil Transportation energies. Additionally, the GLSLCI

recommends additional measures to improve current emergency responder capabilities and training to address spills and other incidents.

Betty Matthews-Malone, Director of Water and Waste Water is currently a member on the Water Quality Board for the IJC. While she does not represent Niagara Region on this Board, she does monitor municipal interests in her role. The Watercourse Mapping Project, which will be used to better inform planning practices, is being carried out in partnership with the Niagara Peninsula Conservation Authority and Niagara Region to assist with addressing this need by providing a greater understanding of natural water courses in Niaqara. As part of the WaterSmart Niagara program, future work in this area has been identified and staff will work with the GLSLCI on the forthcoming initiatives. Niagara Region currently has an extensive Benchmarking program and though affiliations with OPWA, OWWA and many others we are continually looking at Best Manaqement Practices. Niagara Region's Emergency Management Services is supportive of initiatives that will improve emergency responder capabilities and training to address spills and other incidents, as well as open and transparent communication between local governments and industry actors.


Appendix I Page 5 of 21

Water Pollution Prevention

Water for Sustainable Growth and Development

Water Efficiency and Conservation

Water Pollution Prevention

256

Great Lakes and St. laWren.ce Cltie$ lnitiativa · Allianc'eq~·s viUes des Grands l~cs et'dusaint~la\.lr9Jit . ' =~ :.- -- -' . , . ;. ___ - _,- - .. · -_c"- •. ·,_ ---. _--,. • •••• : .. ·-,,·-,_ - - ·-·-, __ ·_ -: -· '.· • ' :-••


Appendix II Page 6 of 21

GREAT LAKES AND ST. LAWRENCE CITIES INITIATIVE ALLIANCE DES VILLES DES GRANDS LACS ET DU SAINT-LAURENT

RESOLUTION 01 - 2014M

MUNICIPAL CLIMATE ADAPTATION AND RESILIENCY

WHEREAS, the impacts of climate change continue to advance in the Great Lakes and St. Lawrence Region, with more frequent and more erratic weather events, a steadily increasing trend in temperature and rainfall, and other significant ecological impacts such as increased stress on native species, resulting in the proliferation of non-native, invasive species; and

WHEREAS, changing weather will affect a wide range of municipal operations, everything from wastewater and stormwater management, land use planning, road and bridge maintenance, building standards, parks and urban forestry, and public health services and emergency planning; and

WHEREAS, not only are municipalities incurring costs to respond to and clean up after storms, they are also facing legal repercussions for failing to adapt to climate change, as demonstrated by two class action lawsuits in member municipalities for damages incurred during extreme storms; and

WHEREAS, municipalities increasingly have a responsibility to adjust their 'standard of care' in light of the changing information on climate as relying on outdated standards or processes can be considered negligent if new information suggests that they should be reconsidered; and

WHEREAS, timely adaptation and building community resiliency can lessen the severity of climate change impacts; and

WHEREAS, the Great Lakes and St. Lawrence Cities Initiative has launched the Municipal Adaptation and Resiliency Service (MARS) for its member municipalities, to help them accelerate and expand their adaptation activities, consisting of a Call to Action, a one-stop shop for adaptation information, training webinars, recognition awards, and demonstration projects.

NOW, THEREFORE, BE IT RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative requests that its members adopt a Call to Action, describing what adaptation efforts they will be undertaking over the next two years and submit it to the Great Lakes and St. Lawrence Cities Initiative to post publicly; and

257

Gra;it lakes and St. Lawrence Cities Initiative Alliance de~v{llt?sde~Gt~n,cJs lacs et cju SalnHaurim.t



BE IT FINALLY RESOLVED, that federal, provincial and state governments commit financial and other resources to support municipal climate adaptation and resiliency, including

a) vulnerability assessments; b) adaptation training and other information resources; c) infrastructure adaptation; d) support for green infrastructure and other innovative approaches to adaptation; and; e) climate projections downscaled to the local level.

Signed this 18th day of June, 2014

Keith Hobbs, Chair Great Lakes and St. Lawrence Cities Initiative

Mayor of Thunder Bay

258

Grnatlakes and St. Lawrehi:e Cities Initiative A!llanc~ de.s. v\Ues ~es Grandslacs et ciusafnt·l;,iurent





ASIAN CARP

WHEREAS, aquatic invasive species have caused serious damage and continue to pose a major threat to the Great Lakes and St. Lawrence; and

WHEREAS, over 180 aquatic invasive species have been introduced into the Great Lakes and St. Lawrence over the years and have caused damage and imposed costs well over $100 million annually; and

WHEREAS, many of those aquatic invasive species have migrated through the Chicago Area Waterway System (CAWS) to the Mississippi River Watershed and some have reached all the way to the west coast of the United States; and

WHEREAS, one of the greatest threats ever from aquatic invasive species to the Great Lakes and St. Lawrence in the form of Asian carp, including silver (Hypophthalmichthys molitrix), bighead (Hypophthalmichthys nobilis), black (Mylopharyngodon piceus), and grass (Ctenopharyngodon idella), have been migrating up the Mississippi, Illinois, Ohio, Wabash, Wisconsin, Minnesota, Iowa, and other rivers over the past 40 years; and

WHEREAS, silver carp (Hypophthalmichthys molitrix) have been found as close as 60 miles from Lake Michigan in the Illinois River, and grass carp (Ctenopharyngodon idella) have been found in the Grand River in Ontario; and

WHEREAS, the U.S. Army Corps of Engineers have been operating an electric barrier for almost ten years, and have upgraded the barrier, which appears to have kept the Asian Carp from getting closer to Lake Michigan, but which has certain weaknesses that create a vulnerability for carp to pass through the area; and

WHEREAS, a variety of federal, state, local, private, non-profit, Canadian, and other groups have been operating as part of the Asian Carp Regional Coordinating Committee to implement many additional actions to stop the advance of Asian carp in the Illinois River; and

WHEREAS, the barrier provides little or no protection for the movement of virtually all invasive species in a downstream direction; and

259

Great Lakes and St. Lawrence Cities Initiative Alllancides villi.ls des Grands Lacs et d~ S~int-1..aurent



WHEREAS, the Great Lakes Commission and Great Lakes and St. Lawrence Cities Initiative completed a report in January 2012 demonstrating the feasibility of physical separation and restoring the natural divide between the Great Lakes and Mississippi River watersheds; and

WHEREAS, the U.S. Army Corps of Engineers completed the Great Lakes Mississippi River Interbasin Study (GLMRIS) in January 2014 outlining eight alternative approaches to reducing the risk of invasive species moving between the two watersheds, and confirming that physical separation is the most effective alternative for reducing risk; and

WHEREAS, the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative have managed an advisory committee process for considering physical separation alternatives and related actions to deal with transportation, flood control, and water quality issues; and

WHEREAS, the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative have secured $200,000 in funding to retain a facilitator/mediator to manage the continued discussion with the desire to reach a regional consensus on the best alternative to stop the passage of aquatic invasive species between the two watersheds; and

WHEREAS, even when a regional consensus is reached, the time to implement a long term solution is such that additional interim actions will be necessary to reduce the risk of Asian carp reaching the Great Lakes.

NOW, THEREFORE, BE IT RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative fully endorses the Advisory Committee process with facilitation and mediation to reach a regional consensus on a long term solution for stopping the passage of aquatic invasive species between the Great Lakes and Mississippi River basins through the CAWS; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative fully endorses the concept of physical separation as the most effective way to stop the passage of aquatic invasive species in both directions through the CAWS; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative fully endorses the implementation of short and mid-term interim actions to reduce the risk of Asian carp reaching Lake Michigan through the CAWS, while a long term solution is being sought, with special emphasis on steps at the Brandon Road lock and dam; and

260

··.-••• <

. .

Great lak!ls and St. Lawrance Cities Initiative Alliance des vflles d~s Gfands L~cset cfu Saint,L~urent ' - -·.o, • ' • • -~---· ,_. -• •' • ' • • - ·' - ,. -·· • -- • -- ., ··- --


Appendix II Page10of21

BE IT FINALLY RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative asserts that time is of the essence to reach a regional consensus and that December 15, 2015 should be the outside date for accomplishing that goal; furthermore, it is expected that the necessary short and mid-term actions to reduce the risk of Asian carp reaching Lake Michigan through the CAWS will be implemented much sooner.

Signed this l 81h day of June, 2014



261

_,, . . c·'·

-. ,-- - ~- ., . . .

~,raat.Lake~·~·nd St, Lawrance Cities lniti~tfv~ •Afliaric~ ~~sviiles des:~r.ands L;;cs et duSa!nt~l.auront


Appendix II Page 11 of21



MICROBEADS

WHEREAS, many personal care products contain small plastic beads 50 to 500 microns in size that separate during use and wind up going down the drain and leaving homes in the wastewater; and

WHEREAS, these microbeads do not decompose and most are so small they pass through wastewater treatment plants and are discharged to the Great Lakes, St. Lawrence, and other receiving waters; and

WHEREAS, the microbeads are a hazard to fish and wildlife in that they attract and have toxic chemicals adhere to them and appear as food; and

WHEREAS, once ingested, the toxic micro beads can cause health problems for the fish and wildlife, and for people who might ingest them; and

WHEREAS, there are natural substitutes for the micro beads available at this time, and many personal care products are already using them; and

WHEREAS, because of the threats to the environment from micro beads, the state legislatures in New York and Illinois recently introduced bills to ban microbeads in personal care products.

NOW, THEREFORE, BE IT RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative calls on the Personal Care Products Council ("PCPC") and its member companies to agree not to develop any new products containing microbeads; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative calls on the PCPC and its member companies to phase out the use of all existing products containing microbeads no later than December 31, 2015; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative calls upon provincial, state, and federal orders of government to work together to establish legislation to prohibit the use of micro beads in personal care products;

262

Great Lakes and St; Lawrence Cities Initiative "Alll'ance ties villes·d~s'drat1i:!~ lad et du.sall1t;Laurent ,- -= __ '·'-.··' .-__ • :- =-~ .,, _:~-.- -;. - -:---1-' .,,_ - . . . - . ' ; ·. - ..... -, . . - -- '- . . ... -· - - ,-



BE IT FINALLY RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative formally commends those companies that offer exclusively microplastics-free products such as A VEDA, Hain Celestial Group, Juice Beauty, MSC Skin Care, NUDE Skincare and Pangea Organics. We applaud these companies that conduct themselves in an environmentally responsible way and we urge others businesses to follow this lead to reach our goal by 2015.

Signed this 18111 day of June, 2014



263

Graat Lakes and St. Lawrence Cities lniti<1tive Al~iatl~e df~viHes ~es Grands Lacs et clu Sa int~Li.mrent





REDUCING NUTRIENT LOADINGS IN THE GREAT LAKES

WHEREAS, in 2011, Lake Erie experienced record algal bloom growth; and

WHEREAS, as a result of nutrient run-off combined with climate change impacts and the effects of invasive species like zebra mussels, such massive algal blooms are likely to reoccur; and

WHEREAS, algal blooms and so-called toxic blue green algae are also present in Lake Ontario and Lake Huron; and

WHEREAS, such algal blooms have a direct adverse impact on the aquatic ecosystem, quality of life, and economy including recreation, tourism and property values; and

WHEREAS, under the Great Lakes Water Quality Agreement (WQA), the US and Canadian governments have committed to setting nutrient loading targets by 2016 and action plans by 2018 to reduce nutrient levels in Lake Erie; and

WHEREAS, under Annex 4 of the WQA, a binational subcommittee has been tasked with developing recommendations on nutrient loading targets to meet the 2016 deadline and the Great Lakes and St. Lawrence Cities Initiative is represented on the subcommittee; and

WHEREAS, the Canadian federal government has committed $16 million towards research on the causes and possible solutions to the deteriorating quality of Lake Erie as a result of nutrient loadings; and

WHEREAS, in February 2014, the International Joint Commission released a report of the Lake Erie Ecosystem Priority -A Balanced Diet for Lake Erie: Reducing Phosphorus Loadings and Harmful Algal Blooms, which includes 16 recommendations for all levels of government in Canada and the U.S. to help address the challenge of deteriorating conditions in Lake Erie, including specific targets for total phosphorus loadings and dissolved reactive phosphorus, a nine year implementation timeline for actions to meet these targets, and specific actions to reduce both agricultural and urban phosphorus sources.

264

Great lakes and St, law re Me Cities Initiative /\IHance ties \!Illes cl (!s Grands Lats ~t du Saint~Laurent.



NOW, THEREFORE, BE IT RESOLVED, that the Federal Governments of Canada and the United States need to respond to the recommendations of the IJC and direct the Annex 4 Subcommittee to evaluate the soundness and feasibility of meeting the IJC's recommended targets; and

BE IT FURTHER RESOLVED, that well in advance of2016, the Federal Governments of Canada and the United States need to launch a comprehensive awareness raising campaign to inform and prepare the public and specific stakeholders, particularly the agricultural community, residents on septic systems, and municipalities, for the anticipated nutrient targets and the subsequent action plan to reduce nutrient loadings in Lake Erie and beyond; and

BE IT FINALLY RESOLVED, that the Federal Governments of Canada and the United States devote substantial :financial and other resources to develop and implement short term, no-regrets actions in advance of their 2018 Action Plan commitment under the WQA.

Signed this 18111 day ofJune, 2014



265

Great Lakes and St; Lawrence Citiesh1i1iativo Alliance des villes cles Grands Lai:s et(iu Saint-Laurent

~ .- - - -· .. ' . - - ·- ·---





URBAN PLANNING AND TOPOGRAPHY

Submitted by the City of Montreal

WHEREAS Great Lakes and St. Lawrence Cities Initiative members have committed to implementing stormwater management best practices; and

WHEREAS cities equipped with a combined sewer system are particularly vulnerable to climate change impacts, especially flooding induced by intense rain; and

WHEREAS in the Strategie gouvernementale d 'adaptation aux changements climatiques 2013-2020 (Governmental Strategy on Climate Change Adaptation 2013-2020), the Quebec government identified land use planning as a main solution for climate change adaptation; and

WHEREAS drainage networks are a heavy infrastructure with a 100-year lifespan and that it is difficult to modernize them quickly enough to face climate change; and

WHEREAS cities have planning regulations that do not always take into account drainage networks, original topography or the presence of ancient underground streams; and

WHEREAS construction of buildings that are less vulnerable to flooding is an efficient and cost effective climate change adaptation measure.

THEREFORE, BE IT RESOLVED that Great Lakes and St. Lawrence Cities Initiative

members cities are strongly encouraged to take into account, in their land use planning

regulations, the effects of topography and drainage networks on flooding in low-lying areas; and

266

Great lakes and St. Lawrence.Cities Initiative . Allit111ee defvilles cle~ Grahds La~s.et c!u sah1t,L11urent ·



BE IT FINALLY RESOLVED that the Cities Initaitive ask the government of Quebec

(and others) to insert topographic considerations in urban environment related to drainage

network in the revision of the Loi sur l 'amenagement et l 'urbanisme. (Land Use Planning and Urban Planning Act)

Signed this 18th day ofJune, 2014



267

GreaHakes and St; tawrence Cities Initiative , l;\lllance ~e~vill~sM~ Grands L<1cs ~t cl\IsalnHaurent,



GREAT LAKES AND ST. LAWRENCE CITIES INITIATIYE ALLIANCE DES VILLES DES GRANDS LACS ET DU SAINT-LAURENT


WATER INFRASTRUCTURE FINANCIAL SUSTAINABILITY INDICATORS

Submitted by the City of Montreal

WHEREAS, water infrastructure is an essential asset for urban quality of life and their reliability plays a key role in cities' economic development; and

WHEREAS, leaving water infrastructure for future generations in a similar, if not better state that what we have inherited is a major issue in urban sustainable development; and

WHEREAS, to ensure preservation of water infrastructure reliability in an equitable manner between citizen and between generations, it is necessary to ensure their stable and sustainable funding.

NOW, THEREFORE, BE IT RESOLVED that members of the Great Lakes and St. Lawrence Cities Initiative recognize the need to implement water infrastructure financial sustainability indicators;

BE IT FURTHER RESOLVED that the Great Lakes and St. Lawrence Cities Initiative

undertake an initial research of existing water infrastructure financial sustainability indicators,

especially in regards to funding, to the reduction of the maintenance deficit and to the support of

current assets. Always in consultation with member municipalities, this research could serve as a

prerequisite for the selection of the most relevant indicators, both measurable, comparable and

available; and

BE IT FURTHER RESOLVED that the Great Lakes and St. Lawrence Cities Initiative actively work with its member municipalities and any other relevant stakeholders to increase awareness and visibility of the issue of indicators of financial sustainability of water infrastructure; and

268

·Great lakes and St. Lawrence Cities Initiative Alliance·das viii tis des Grand$ Lacs E!f dusaint-Lairrent

,_ --~ - ' --~ . . .. ..; . . .' .. ____ ,. l:._. - .. - -- . - . - .



BE IT FINALLY RESOLVED that Great Lakes and St. Lawrence Cities Initiative members commit to using these indicators in order to measure and share their progress every two years, which will be showcased on a dedicated page on the Cities Initiative's website.

Signed this 181h day of June, 2014



269

GreatLakes and St. Lawrenca Citl!~s Initiative AlHa~ce desvilles desGrlln4~ l.acs et du SainHat1tent



GREAT LAKES AND ST. LAWRENCE CITIES INITIATIVE ALLIANCE DES YILLES DES GRANDS LACS ET DU SAINT-LAURENT


FOSSIL ENERGY TRANSPORTATION

WHEREAS, the Great Lakes and St. Lawrence River are the largest freshwater ecosystem in the world, providing drinking water to over 40 million people and serving as the economic base for much of Canada and the United States; and

WHEREAS, the Great Lakes and St. Lawrence basin is a complex and fragile ecosystem, encompassing a wide range of human and natural habitat and activities; and

WHEREAS, the rapid increase in volume of oil and gas being transported from Western producing regions across the Great Lakes and St. Lawrence basin towards Eastern refineries and markets has in recent years raised many questions and concerns, notably in the light of recent events in the Kalamazoo River, Michiga,n, in Casselton, North Dakota, in Plaster Rock, New Brunswick, in Lynchburg, Virginia, and in Lac-Megantic, Quebec; and

WHEREAS, as the volume and nature of the conveyed oil change, there is greater need for increased oversight and sophistication of safety measures, both for pipelines, rail and maritime transport; and

WHEREAS, the lax following of regulations or the lack of regulations with respect to oil and gas transportation have likely contributed to the accidents that have occurred; and

WHEREAS, pipelines, rail and maritime transportation modes for the transportation of fossil energies are complementary, binational and largely integrated at the North American scale; and

WHEREAS, given the current uncertainties about the public safety and environmental risks to water, air and soil as well as potential negative financial impacts on municipalities with each of these transportation modes, there is a greater need for increased safeguards; and

WHEREAS, municipalities have both the duty and obligation to protect the health, safety, and welfare of their residents.

270

- .. - - - .

Gre~t takes and st.L~~rence Cities lnitl~tive . Allhmee des vilfesde~ Gr~hds L~(s et du slilnt:Laurent ·



NOW, THEREFORE, BE IT RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative calls on state, provincial and federal governments to provide comprehensive and responsible management of the transportation of fossil energies, through effective legislation and regulations that will ensure the safety of residents and the protection of the environment, as well as to respect the role and authority of municipalities, including their capacity to review proposed regulations; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative recommends additional safety measures, notably, all modes of transportation of fossil energies be equippedwith double walled containment, including pipelines, ships, barges, tank cars, and tank trucks; more specifically, for pipelines: increased monitoring and prevention actions, including periodic hydrostatic testing, sufficient number of safety valves near populated areas and major waterways including state of the aii leak detection technology and double-walled pipe or other containment systems at all water crossings; for rail transport: reinforced and public routing protocols, speed restrictions of trains travelling through populated areas and other sensitive zones, increased and improved track, mechanical and other rail safety inspections, retrofitting or removal of DOT-111 tank cars, and for maritime transport: the review of current spill preparedness, response capacity and intervention timeframes; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative requests improved emergency responder capabilities and training to address spills and other incidents, as well as open and transparent communication between local governments and industry actors; including live, on-demand, detailed information about oil shipments and an obligation of full and quick disclosure of any spill or incident through a bi-national web portal; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative calls for an environmental assessment of potential impacts on water resomces, notably in the case of the transportation of dilbit and other unconventional types of oil; and

BE IT FURTHER RESOLVED, that, considering the North American integration of fossil energy transport modes, the Great Lakes and St. Lawrence Cities Initiative recommend that increased harmonization of such legislation and regulations between Canada and the U.S. be pursued; and

BE IT FURTHER RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative recommends to both federal governments increased environmental standards in trade agreements such as NAFTA's Section 6 (Energy and Petrochemicals), by adding a safety annex which would bind the export right of fossil energy producers and conveyors with the respect of regulations and the meeting of safety standards both sides of the border, and

271

Gr<rnt lakes and St. Lawrence Cith1s lt\itlatlve Alliance desvilles des brands l.acs et du s~lnt~lirnnmt



BE IT FINALLY RESOLVED, that the Great Lakes and St. Lawrence Cities Initiative asks for the creation of mitigation and compensation funds, financed by fees paid by oil transportation industries and/or oil producers that would offer complete remediation and financial compensation to municipalities and those affected on the ground in the event of a spill, fire or other significant events.

Signed this 18111 day of June, 2014



272

From: To:

Date: Subject:

City of Port Colborne RECET\IED

OCT -'1 2014 CORPORAH:. StkVlCES

"Pitt, Penny" <[email protected]> DEPARTMENT "Ashley Grigg ([email protected])" <[email protected]>, Bonnie NisticoDunk <[email protected]>, "Christine Raby ([email protected])" <[email protected]>, "Daniels, Susan" <[email protected]>, "Dowd, Holly" <[email protected]>, "lorfida, Dean" <[email protected]>, "Kolasa, William" <[email protected]>, "Langley, Carolyn" <[email protected]>, "Nancy Bozzato ([email protected])" <[email protected]>, Scott Luey <[email protected]>, "SoadyEaston, Hazel" <[email protected]>, "Tom Mather ([email protected])" <[email protected]>, 10/07 /14 11 :43 AM 2015 Council and Committee Schedule

2015 Council and Committee Meeting Schedule CLK 8-2014

Regional Council, at its meeting held on October 2, 2014, approved the following recommendations:

That Report CLK 8-2014, dated October 2, 2014, respecting 2015 Council and Committee Meeting Schedule, BE RECEIVED and the following recommendation BE APPROVED:

That the 2015 Council and Committee Meeting Schedule, attached to CLK 8-2014 as Appendix 1, BE APPROVED.

A copy of Report CLK 8-2014 is attached for your information.

Penny Pitt, CAP-OM Administrative Assistant - Council Support Office of the Regional Clerk, Niagara Region Phone: 905-685-4225 ext. 3305 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca

2015 Meeting Schedule Approved by Council.pdf

CLK 8-2014 Correspondence.pdf

273

Niagara.I/ Region

REPORT TO: Corporate Services Committee

CLK 8-2014 October 2, 2014

SUBJECT: 2015 Council and Committee Meeting Schedule

RECOMMENDATIONS

That the 2015 Council and Committee Meeting Schedule, attached to CLK 8-2014 as Appendix 1, BE APPROVED.

PURPOSE

To establish the Council and Committee meeting dates for 2015.


Establishing the Council and Committee meeting schedule for 2015 prior to the start of the 2015 calendar year and new term of Council ensures the continuation of the business of the Corporation. The new Council may amend any of the scheduled 2015 meeting dates at its discretion.

REPORT

The attached 2015 Council and Committee Meeting Schedule was prepared in accordance with the Region's Procedural By-law and based on past practice of scheduling no meetings in the mont.h of August. The Corporate Management Team has reviewed and supports the proposed schedule.

At this time, the dates for Niagara Week are still to be determined.

Submitted by:

Q( ~I ...... Ralph Walton Regional Clerk

Approved by:

~J /, ~Q Ha~chlange J'*t Chief Administrative Officer

. This report was prepared by Natasha L. Devos, Deputy Regional Clerk, and reviewed by Ralph Walton, Regional Clerk.

APPENDICES:

Appendix I 2015 Council and Committee Meeting Schedule

1

274

I

I

SCHEDULE OF REGULAR MEETINGS CLK 8-2014 REGIONAL COUNCIL, BUDGET REVIEW COMMITTEE OF THE WHOLE, Appendix 1

COUNCIL BUSINESS PLANNING COMMITTEE OF THE WHOLE AND STANDING COMMITTEES 2015

JANUARY I FEBRUARY I s M T w T F s s M T w T F s

2 3 1 2 3 4 ! 5 6 7 4 5 6 7 9 10 8 9 10 11 12 13 14

11 12 13 14 16 17 15 16 17 18 19 20 21 18 19 20 21 23 24 22 23 24 25 26 27 28 25 26 27 28 30 31

Feb 19th C BPCOTW possibly held for BRCOTW

APRIL I I MAY I s M T w T F s s M T w T F s

1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9

12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 211 22 23 26 27 28 29 30 24 25 26 27 28 29 30

31

JULY I AUGUST s M T w T F s s M T w T F s

1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8

12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29

30 31

OCTOBER I NOVEMBER I s M T w T F s

1 2 3 s M T V:)IJ F

s 1 2 3 6 7

4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 16 17 15 16 17 18 19 20 21 18 19 20 21 23 24 22 23 24 25 26 27 28 25 26 27 28 30 31 29 30

I MARCH s M T w T F 1 2 3 4 5 6 8 9 10 11 12 13

15 16 17 18 19 20 22 23 24 25 26 27 29 30 31

Council Meeting held one week later to accommodate March Break

I JUNE s M T w T F

1 2 3 4 5 7 8 9 10 *11 12

14 15 16 17 18 19 21 22 23 24 25 26 28 29 30

I SEPTEMBER s M T w T F

1 2 3 4 6 7 8 9 10 11

13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30

I DECEMBER s M T w T F

1 2 3 4 6 7 8 9 10 11

13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30 31

I s 7

14 21 28

I s 6

13 20 27

I s 5

12 19 26

I s 5

12 19 26

§Regional Chair's 2015 Golf Tournament - TBD Council & Agenda Dist. Stat Holiday ouncil Business Planning 1111 Budget Review COTW

COTW or Special COTW

Committee Week Niagara Week - TBD March Break

mun r . . L ~A 4? I --don ON AMO . August 16 • 19 Niagara Falls, ON II FCM Annual Conference -

June 5 • June 8 Edmonton AB Approved by Regional Council on October 2, 2014

'1•1-1•11i, •t '''I ",1.<!·11111tll\, 1 ,.)11!.t. 111j:1.!11':r '1111 11 •J.1\. }.1i1•1 •r'; ~f ·1,1) Ii• ( ·J•f l•Jl!ol.1t";f ol•l•l•f :' :>, rJ•J fr'Al °'it?. :-} ~ 1;! · ~ )l ;~ "~( ).\1/t~ 0 111\11 1 H< t)r1l{1lit 1 r~ rA11<1t .(.( ! $ ir-111 •Jt ( J !tt 'f It'/>!•}. Jt) f.)) l w\ 11~(·! .. t)q )~ - \ lh ! • J ;,.f, !•i .\«·= ..

Meeting Times Council: Thursdays during Council

*Budget Review Committee of the Whore prior to Council om June 111:, 2Q1.5

Committee of the Whole: (Includes Budget Review, Council Business Planning and Special COTW Meetings)

Standing Committee Meeting Times During Committee Week: Public Works Committee Public Health and Social Services Committee Corporate Services Committee Planning & Development Committee

6:30pm 4:00 pm to 6:00pm

Thursdays at 6:30pm

8:30am to 6:00pm

Tuesdays at 9:30am Tuesdays at 1 :OOpm Wednesdays at 9:30am Wednesdays at 1 :OOpm

275

276

10/08/2014 11:01 FAX 805 835 5888 BRIAN N. LAMBIE

Law Office

Brian N·. Lan1bie

llt'ian N. Lrunbic, B,A., u. .. n.

Date: Wednesday, October 8, 2014

~ 0001 /0003

C.ltv r;rf P<~rt C::t)lborne

RECEl\/ED OCT - 8 2014

t\."" . . ..•. r, v iCES i)t!AARTMENT

Vl~t.1.~ (90.5) 8.~5-Ur:tO~ F\lx (905) 835 .. 5%6

c·111nl\: blumbilll@eo1!.1~1:0.ca

151 Churlolrn S1rc1":t Pnr1 Cr>lbo1'M, Ontmfo

L31( ;rn;l

Facsimile I Telecopier Transmittal Sheet

To:

Attention:

Fax No.

From:

Re:

Message:

City of Po11 Colborne

Ashley Grigg

905-834-57 46

BRIAN LAMBIE

Eberly Severance

Please add the attached correspondence to the Council Agenda for Oct

14111 and please add me as a delegate to speak to the matter.

No. of Pages including Transmittal Sheet is 3

Thank-you Brian N. Lambie

Notlcc:i to RCilclpic:int This message Is lnle11ded only for the ust~ of the individual or entity to which it is addrcrn*td <incl m;:1y c:onlain inform<ilion that is confidential or even be subjec:t lo solicitor-client privilege and exempt from disclosurn un1Jor ;'lpplicobl0 law. If tho romJi:ir of this moss;;igo is not tho intondod ri:icipiont, or tho omployoo or agent 1'0sponsiblC:t ror cl0llv0rlng Ille message lo \ho Intended recipient, you are hereby notlnod tha\ any dlss~mlnelion, dis\rib11\ion or Gopying of lhi::; (:omm1mic;;:1tion i~ :,.;\rii;;lly prohibi1ocJ. If you h('JV~l rc;1-eivr:i(I lhit-> l@lc~commlrnication in error, please notify us immediately by telephone (call oollecl If \oil charges apply), anct return the original to us by mail at the <'.lctclross shown tibovo.

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10/08/2014 11:()1 FAX 805 835 5888

Law Off.ice

Brian N. l-1ambi.e Barrix!cr &. Soliei1ur

Brinn N. Lrnnbic, n.A,. Ll ... ll.

Via fax to 905 .. 834~5746 2 pages

Wednesday, October 8, 2014

City of Port Colborne 66 Charlotte Street Port Cotborne, ON L31\ 3C8

Attention: Mayor Vance Badawey:

Dear Sir:

BRIAN N.LAMBIE

RE: Michael Eberly application for severance 727 Pleasant Beach Road, Port Colborne Part 2, 3 & 4

1410002/0003

City of Port Colborne RECEI\/ED

OCT - 8 '20t4 CORPO'!JJ.\TE SERVICES

DEPARTMENT

Vc'i.<1:. (90S) t\35-0404

Fox (905) IB~-5%6

c,1mtil; bl111nhicl (~i)l·ogm:n.cn

IS 1 Charlor.te Stt·<ir:I 1'011 Colborn~, Onlal'io

L3K 31!3

Please be advised I act for Michael Eberly in regard to lhe abov.e~noted applications. My client was granted consent applications ol"l July 9, 2013 to sever 3 parcels of land. There were several conditions to the applications that had to be satisfied by July 9, 2014. A survey of the 3 parcels was provided to the City earlier in 2014 however rny client dld not realize he had to pay the Clty $200.00, provide a letter regarding the park ("Jedication fee and a legal description for each parcel of land by the July 9, 2014 deadline otherwise the severances would lapse. In the summer of 2014 my client had several interested parties wanting to purchase the lots. These parties made enquires at City Hall regarding the severances and no one mentioned the conditions remained outstanding. My clien1 only found out the severances had lapsed on October i 11 after he made an enquiry with the Planning Department.

As a result all 3 severance applications lapsed and my client is now faced with filing the applications again. The applications have been filed and my client has paid the 3 filing fees of $1, 100.00 for each application. In light of the fact that these applications had already been approved by the Committee of Adjustment, the conditions to be satisfied were minor and my client simply did not understand he had to satisfy the conditions by July 9, 2014 I am asking if Council will grant my client concession on the application fees. I am asking Council to accept one application fee of $1, 100.00 i11stead of $3,300.00. I will be making the same request of the Region and NPCA.

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10/08/2014 11:01 FAX 805 835 5888 BRIAN IL LAMBIE

Your consideration of this matter would be appreciated.

Yours very~

Brian N. Lambie BNL/wl enclosure

~ 0003/0003

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From: To:

City of Port Colborne RECEIVED

SEP 2-;,i2 201~ CORPORAT~ SERVICES

Township Of Greater Madawaska <[email protected]> DEPARTMENT [email protected], [email protected], [email protected], [email protected], [email protected], "'Mr. P. Van in I"' <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], mdalgneault@alfredplantagenet.com, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], mouellet@clarencerockland.com, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "'Bennett, Karyn'" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], info@city .kawarthalakes .on .ca, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], 281

[email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], info@oromedonte.ca, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], Alatreille@prescottrussell.on.ca, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], atoth@strathroycaradoc.ca, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],

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Cc:

Date: Subject:

VIA EMAIL

[email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "[email protected]" <[email protected]>, 'Cathy Appleyard' <[email protected]> 09/19/2014 12:23 PM Protection of Public Participation Act, 2014 (Bill 83)

September 19, 2014

The Honourable Kathleen Wynne

Cheryl Gallant, MP John Yakabuski, MPP Jim Wilson, MPP All Ontario Municipalities Association of Municipalities of Ontario

Please be advised that at its meeting held Tuesday, August 26, 2014 the Council of The Township of Greater Madawaska adopted the following resolution:

PROTECTION OF PUBLIC PARTICIPATION ACT, 2104 (BILL 83)

WHEREAS Bill 83, Protection of Public Participation Act, 2014, being "An Statutory Powers of Procedure Act in order to protect expression on matters of public interest" (hereinafter "Bill 83 11

) 1 was introduced into the Provincial Legislature in June 2013;

WHEREAS Bill 83 was introduced by the government out of concern that Strategic Lawsuits Against Public Participation (SLAPP}, being lawsuits brought before the court by one party against another party or individual as a tactic for silencing or intimidating the other party, are having a chilling effect on public participation on contentious matters of public interest in

Ontario;

WHEREAS Bill 83 is intended to protect persons from being subjected to legal proceedings that would stifle their ability to speak out on public issues or promote, in the public interest, action by the public or any level of government;

WHEREAS the ability to engage in public participation forums is the foundation of a democratic

society;

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WHEREAS there exist a number of high profile environmental issues in Township of Greater Madawaska that are of public interest and that have generated a great deal of debate in the community;

WHEREAS Council is of the opinion that public participation in matters of public interest ought to be encouraged and not discouraged through tactics such as strategic lawsuits against public participation;

WHEREAS provision is made in Bill 83 to amend the Courts of Justice Act for such SLAPP legal proceedings to be dismissed at an early stage and for defendants subjected to such proceedings

to be indemnified for incurred costs in such proceedings with the potential for additional damages to be awarded in appropriate circumstances;

WHEREAS provision is made in Bill 83 to amend the Libel and Slander Act to state that any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other persons;

WHEREAS provision is made in Bill 83 to amend the Statutory Powers Procedure Act to provide that submissions for a costs order in a proceeding must be made in writing, unless the tribunal determines that to do so is likely to cause a party to the proceeding significant prejudice;

THEREFORE BE IT RESOLVED THAT the Council of The Township of Greater Madawaska advise the newly elected Premier of the Province of Ontario, the Honorable Kathleen Wynne, Renfrew County MP's and MPP's, party leaders and all Ontario municipalities of its support for the Protection of Public Participation Act, 2014 and request that Bill 83 be re-introduced forthwith in the Legislature;

THAT the Association of Municipalities of Ontario be requested to support this resolution.

As per the above resolution, please accept this correspondence for your information and consideration.

Sincerely,

Allison Holtzhauer CAO Clerk-Treasurer

Cathy Appleyard I Administrative Assistant Township of Greater Madawaska I 19 Parnell St., PO Box 180 I Calabogie ON KOJ 1HO P: 613.752.2222 x206 I F: 613.752.2617 I TF: 1.800.347.7224 E: [email protected]

This email and any attachments may contain confidential information and is intended for the recipient only. Any dissemination or use of this email or its attachments is unauthorized and may be illegal without the expressed consent of the sender and/or Township of Greater Madawaska.

284

Niagara

September 12, 2014

Ashley Grigg, City Clerk City of Port Colborne Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K 3C8

Dear Ms. Grigg:

Administration Office of the Regional Clerk 220 I St. David's Road, PO Box I 042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca

Our Reference: CL 12-2014September11, 2014 C8219

~ity of Part Colborne "~ECEIVED

SEP 1 & 201't CORPORATE SERVICES

DEPARTMENT

Regional Council at their meeting of Thursday, September 11, 2014 supported your July 14, 2014 resolution regarding the increase in US fees for ship inspections:

That Communication C8219 being a letter from A. Grigg, City Clerk, City of Port Colborne, dated July 24, 2014, requesting support for a motion passed by City Council with respect to Increase in US Fees for Ship Inspections, BE RECEIVED;

That Regional Council SUPPORT the resolution passed by Council for the City of Port Colborne which supports the Chamber of Marine Commerce's position that Canadian Great Lakes-St. Lawrence (GLSL) commercial cargo vessels that have not travelled outside the binational (GLSL) system, which arrive at U.S. Great Lakes ports from within the GLSL waterway be exempt from the APHIS AQI services fee increase and fee cap removal for commercial vessels as proposed in the Federal Register on April 25, 2014.

12~~ Ralph Walton Regional Clerk /pp Cc: Niagara Municipalities

The Association of Municipalities of Ontario The Federation of Canadian Municipalities The Honourable Brad Duguid, Minister of Economic Development, Employment and Infrastructure for the Government of Ontario The Honourable Michael Chan, Minister of Citizenship, Immigration and International Trade for the Government of Ontario · The Honourable Jeff Leal, Minister of Agriculture, Food and Rural Affairs for the Government of Ontario Dean Allison, MP Rick Dykstra, MP Rob Nicholson, MP Malcolm Allen, MP Honourable James J. Bradley, Minister of the Environment Cindy Forster, MPP Wayne Gates, MPP Tim Hudak, MPP E. Acs, Economic Development Officer, City of Port Colborne

285

286

Minister of the Environment Ministre de !'Environnement

SEP 2 6 2014

Ms. Ashley Grigg City Clerk City of Port Colborne Municipal Offices 66 Charlotte Street Port Colborne ON L3K 3C8

Dear Ms. Grigg:

Ottawa, Canada K1A OH3

The Honourable Shelly Glover, Minister of Canadian Heritage and Official Languages, has forwarded to me a copy of your correspondence concerning the possible designation of the grave sites of the nine casualties of the Battle of Ridgeway. I regret the delay in responding.

As Minister of the Environment, I designate places, persons and events of national historic significance on the recommendation of the Historic Sites and Monuments Board of Canada (HSMBC), the body that advises me on historical matters. The Board evaluates the significance of a nominated subject by considering whether it has had a national impact on Canadian history or represents a national example or illustration of Canadian human history.

When a place, person or event is declared to be of national historic significance, Parks Canada, which supports the Board in the conduct of its business, carries out the Government's direction with respect to designation, for which the standard form of commemoration is the installation of a bilingual bronze plaque.

With respect to commemorating the grave sites of the nine men who died during the Battle, please contact Ms. Julie Dompierre, Director, Commemoration Branch, Parks Canada, who is responsible for the HSMBC Secretariat. Ms. Dompierre can be reached atju/[email protected] or by telephone at 819-420-9253.

You might be interested to know that the Battle of Ridgeway was commemorated as the Ridgeway Battlefield National Historic Site of Canada in 1921, and the HSMBC plaque is located in Ridgeway, Ontario. Detailed information on this designation can be found on the Directory of Federal Heritage Designations on the Parks Canada website at: www. parkscanada. gc. calapps/dfhd/page _ nhs _ eng. aspx?id=504.

. . ./2

Canada 287

- 2 -

I appreciate your interest in the preservation of Canada's cultural heritage .

. Sincerely,

The Honourable Leona Aglukkaq, P.C., M.P. Minister of the Environment

c.c.: The Honourable Julian Fantino, P.C., M.P. The Honourable Shelly Glover, P.C., M.P.

288

The "TWENTY SECOND MEETING" (Regular) of the Committee of the Whole was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, September 22, 2014 commencing at approximately 6:38 p.m.

ATTENDANCE:

Mayor Vance Badawey presided with the following members in attendance:

COUNCILLORS:

D. Elliott A. Desmarais F. Danch R. Bodner

W. Steele Y. Doucet B. Kenny B. Butters

REGIONAL COUNCILLOR:

D. Barrick

STAFF:

D. Aquilina, Acting Chief Administrative Officer/Director of Planning & Development A. Grigg, City Clerk R. Hanson, Director of Engineering & Operations P. Senese, Director of Community & Corporate Services H. Hakim, Manager of Community Services E. Acs, Economic Development Officer D. D'lnnocenzo, Recording Clerk

Also in attendance were interested citizens, members of the news media and Cogeco TV.

CALL MEETING TO ORDER - MAYOR VANCE BADAWEY

1. PRAYER

Councillor Desmarais delivered the prayer.

2. NATIONAL ANTHEM

Joel Longfellow sang 0 Canada.


Nil.


Moved by Councillor R. Bodner Seconded by Councillor Y. Doucet

That the agenda dated September 22, 2014 be confirmed as circulated. CARRIED.


Nil.

289

Minutes, Twenty Second Meeting (Regular) of Committee of the Whole, September 22, 2014 Page 2 of 9

6. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION

The following items were identified for separate discussion:

Items 1 and 9.

7. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION

Moved by Councillor A. Desmarais Seconded by Councillor W. Steele

That Items 1 to 19 on the regular agenda be approved, with the exception of items that have been deferred, deleted or listed for separate discussion, and the recommendation contained therein adopted.

ITEMS:

2. Department of Community & Corporate Services, Community Services Division, Report No. 2014-22, Subject: 20th Annual Country Walk for Breast Cancer

Committee of the Whole recommends:

That Council of The Corporation of The City of Port Colborne endorse this annual event and accept the correspondence received as information.

3. Department of Community & Corporate Services, Community Services Division, Report No. 2014-23, Lakeshore Catholic High School Terry Fox Run


That Council of The Corporation of the City of Port Colborne accept the correspondence received as information.

4. Department of Community & Corporate Services, Community Services Division, Report No. 2014-24, Downtown Port Colborne Harvest Festival


1. That a Certificate of Insurance showing a minimum of $2,000,000 general liability coverage and the City of Port Colborne as an additional insured for the purpose of the event, be filed with the Clerk;

2. That Council of The Corporation of the City of Port Colborne approve the temporary closure to vehicular traffic of the north end parking spots of the Market Square parking lot;

3. That staff support the Downtown Port Colborne BIA with the 4th Annual Harvest Festival in accordance with City Policy;

4. That a temporary Noise By-law exemption be approved for the Downtown Port Colborne BIA Harvest Festival on Saturday, October 11, 2014;

5. That a temporary Parks By-law exemption to the Parks Bylaw 5503/100/10, section 36, be approved for the Downtown Port Colborne BIA Harvest Festival on Saturday, October 11, 2014;

290


6. That a site plan is to be provided for review indicating the following: emergency access, locations of music stages, and type and location of any food vendors;

7. That Council of The Corporation of the City of Port Colborne waive any permit fees required by the City for the Downtown Port Colborne BIA Harvest Festival on Saturday, October 11, 2014; and

8. That the City Clerk be directed to process the appropriate bylaws for Council approval.

5. Department of Community & Corporate Services, Community Services Division, Report No. 2014-25, Subject: Dawg's Burgers and Fries Inc., Ice Box, Lease Agreement


1. That Council of The Corporation of the City of Port Colborne approves the entering into a lease agreement with Dawg's Burgers & Fries Inc., for the operation of the Ice Box food service area and Mini Putt; and

2. That the Council of the City of Port Colborne authorizes the City Clerk and the Mayor to execute the Ice Box Lease Agreement.

6. Department of Community & Corporate Services, Clerk's Division, Report No. 2014-31, Subject: Appointments to Niagara Compliance Audit Committee (2014-2018 Term)


That the following individuals be appointed to the Niagara Compliance Audit Committee for a term commencing December 1, 2014 and ending November 30, 2018.

Allan Andrews John Bald David Barrett Bob Hildebrandt Margo Pinder James A. Cringan Yasir Nouri

That the eligibility requirements as outlined in the City of Port Colborne Appointments to Boards and Committees Policy, specifically in terms of appointing persons who are not eligible electors in the City of Port Colborne, be waived.

That the appropriate by-law be presented for approval.

7. Department of Community & Corporate Services, Corporate Services Division, Report No. 2014-32, Subject: 2015 Budget Guidelines


That the Council of the City of Port Colborne receives this report for information purposes.

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Minutes, Twenty Second Meeting (Regular) of Committee of the Whole, September 22, 2014 Page 4 of g

8. Department of Community & Corporate Services, Clerk's Division, Report No. 2014-33, Subject: Appointments to Flavours Advisory Committee


That Kevin Echlin, Annemarie Zarubiak-den Bak and Randy den Bak be appointed to the Flavours Advisory Committee for a term ending December 31, 2018.

That the Clerk be directed to bring forward the necessary by-law for approval.

Miscellaneous Correspondence

10. Memorandum from Thomas 8. Cartwright, City Fire Chief Re Request for Proclamation of Fire Prevention Week, October 5 -11, 2014


That the week of October 5th -11th, 2014, be proclaimed as "Fire Prevention Week" in the City of Port Colborne in accordance with the request received from Thomas B. Cartwright, City Fire Chief.

11. Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario Re Request for Proclamation of Waste Reduction Week, October 20 -26 2014


That the week of October 20th - 26th, 2014, be proclaimed as "Waste Reduction Week" in the City of Port Colborne in accordance with the request received from Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario.

12. Fred Hahn, President, CUPE Ontario Division and Sheila OlanMaclean, President Ontario Coalition for Better Child Care Re Request for Proclamation of Child Care Worker & Early Childhood Educator Appreciation Day, Wednesday, October 29, 2014


That Wednesday, October 29th, 2014 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day in the City of Port Colborne in accordance with the request received from Fred Hahn, President, CUPE Ontario Division and Sheila OlanMaclean, President, Ontario Coalition for Better Child Care.

13. Virginia Amato, E.A. to the General Manager, Niagara Regional Housing Re Niagara Regional Housing (NRH) Quarterly Report to Council (April 1, 2014- June 30, 2014)


That the correspondence received from Virginia Amato, E.A. to the General Manager, Niagara Regional Housing Re Niagara Regional Housing (NRH) Quarterly Report to Council (April 1, 2014 - June 30, 2014), be received for information.

14. EcoTec Environmental Consultants Inc. Re Detail Design and Preparation of Contract Package for Pavement Rehabilitation, Highway 58 from 0.3 km south of Forks Road to Highway 58A,

292


Highway 140 from Canadian National Railway Structure to Highway 7146 (East Main Street) and Highway 7146 (East Main Street) from Highway 140 to Wellington Street


That the correspondence received from EcoTec Environmental Consultants Inc. Re Detail Design and Preparation of Contract Package for Pavement Rehabilitation, Highway 58 from 0.3 km south of Forks Road to Highway 58A, Highway 140 from Canadian National Railway Structure to Highway 7146 (East Main Street) and Highway 7146 (East Main Street) from Highway 140 to Wellington Street, be received for information.

15. Region of Niagara Re Development Application Activity Report -Second Quarter of 2014 (PDS Report 31-2014)


That the correspondence received from the Region of Niagara Re Development Application Activity Report - Second Quarter of 2014 (PDS Report 31-2014), be received for information.

16. Region of Niagara Re 2013 Reserve Water and Wastewater Treatment Capacities & Servicing Strategy Update for Niagara-on-the-Lake Wastewater Treatment Plant CPDS Report 33-2014)


That the correspondence received from the Region of Niagara Re 2013 Reserve Water and Wastewater Treatment Capacities & Servicing Strategy Update for Niagara-on-the-Lake Wastewater Treatment Plant (PDS Report 33-2014), be received for information.

17. Region of Niagara Re Appeal to the Ontario Municipal Board of NonDecision Hamlet Policies (PDS Report PDS 34-2014)


That the correspondence received from the Region of Niagara Re Appeal to the Ontario Municipal Board of Non-Decision Hamlet Policies (PDS Report PDS 34-2014), be received for information.


18. Township of West Lincoln Re Administrative Monetary Penalty System for Parking Enforcement - Request Regional Municipality of Niagara to support and proceed with the Adoption of the New AMPS By-law and Penalty Fees


That the resolution received from the Township of West Lincoln Re Administrative Monetary Penalty System for Parking Enforcement - Request Regional Municipality of Niagara to support and proceed with the Adoption of the New AMPS By-law and Penalty Fees, be received for information.

293


Responses to Resolutions of the City of Port Colborne

19. Town of Pelham Re City of Port Colborne's resolution Regarding Increase in US Fees for Ship Inspections - request for support


CARRIED.

That the resolution received from the Town of Pelham regarding the City of Port Colborne's resolution regarding Increase in U.S. Fees for Ship Inspections, be received for information.

8. PRESENTATIONS

Nil.

9. DELEGATIONS

(a) Patty Moss Re Delaying Rural Roadside Cutting on Municipal Roads

Patty Moss, 776 Chippawa Road, was in attendance and provided a PowerPoint presentation requesting that rural roadside cutting on municipal roads be delayed between July 1 and October 1 and that the width of the cutting be reduced. Ms. Moss informed that delaying rural roadside cutting will allow pollinating insects, including monarch butterflies, the ability to gather enough food for survival. Ms. Moss noted that reducing the cutting width will also provide a benefit. A copy of the presentation is attached.

Councillor Bodner advised that he met with twelve farmers in the rural area who expressed concern about delaying weed cutting due to the potential for weeds to spread into neighbouring fields. Councillor Bodner advised that butterfly friendly gardens and planting strips were suggested as an alternative. The Acting Chief Administrative Officer informed that the City of Port Colborne is annually provided a list of noxious weeds that require removal under the Weed Control Act. Councillor Steele noted the need to consult impacted stakeholders and suggested the request be referred to the Environmental Advisory Committee.

Moved by Councillor W. Steele Seconded by Councillor B. Butters

That the request from Patty Moss to delay rural roadside cutting on municipal roads be referred to the Environmental Advisory Committee.

CARRIED.

10. MAYOR'S REPORT

Mayor Badawey provided an update on the Region of Niagara Combined Sewer Overflow (CSO) program. Mayor Badawey advised that the program will combine local and Region of Niagara priorities of reducing, eliminating and reporting on the CSO and wet weather flow in a timely manner to reduce the potential negative affect on the health, safety, environment and economy of the Region of Niagara. Mayor Badawey informed that this recommendation will support the City of Port Colborne Asset Management Plan as well as its financial and affordability strategies. Mayor Badawey advised that the recommendation from the Region of Niagara Public Works Committee will include the annual CSO program in the operating budgets to allow for financial contribution from the Region of Niagara for infrastructure work in the municipality.

Mayor Badawey provided an update regarding inter-municipal transit advising the public works committee will provide a recommendation for short term improvements to support current and future GO transit connections as well as a clarification of roles and responsibilities to ensure inter-municipal transit connections are beneficial to all users.

294


Mayor Badawey advised that Karen Ettinger from Trillium Railway presented a concept of a Niagara Rail Transit Spine that will connect GO Transit using the short line railway at the Transportation Strategy Steering Committee meeting, which resulted in a committee recommendation that it be referred to staff for next steps. Mayor Badawey informed that the recommendation will take advantage of existing infrastructure to create another mechanism to travel in the Region of Niagara by road and rail and the possibility of GO transit into the southern part of the Region of Niagara. Mayor Badawey advised that an integrated Region of Niagara transit system is essential for GO transit to extend into the Region of Niagara.

Mayor Badawey advised he attended a 3Qth anniversary celebration for Airbus Helicopters in Fort Erie with Minister Bradley, MPP Gates and others. Mayor Badawey informed that he spoke with Minister Ed Fast, Federal Minister of International trade, at the Airbus Helicopters celebration and discussed the alignment of Foreign Trade Zone policies with the Economic Gateway Strategy. Mayor Badawey advised that Minister Fast was receptive to future meetings regarding additional incentives to the Foreign Trade Zone policies with the Port Colborne and Region of Niagara Economic Gateway Strategies.

11. REGIONAL COUNCILLOR'S REPORT

Regional Councillor Barrick was in attendance and advised that the Region of Niagara 2015 budget process will include studies and public engagement sessions regarding inter-municipal transit, Imagine Niagara, pre-budget engagement, and a telephone survey. The feedback received from the survey identified the following priorities among residents: job creation, economic development, creating and supporting policies in innovation that enable and support business development opportunities, growing the economies that are closely connected to employment and youth retention, caring for vulnerable residents through the promotion, maintenance and expansion of public health initiatives, municipal transit, reducing poverty and homelessness through supporting senior and children service programs, connecting the community inter-municipal transit, waste management and water/waste water services, maintenance of regional roads, and expansion and improvement of public infrastructure. Regional Councillor Barrick advised that . the budget will be finalized in the next term of Council.

Regional Councillor Barrick provided an update on the changes to the Region of Niagara Purchasing By-law, including appointment of a fairness advisor and dispute resolution mechanisms. Regional Councillor Barrick advised the changes to the purchasing by-law will be shared with local municipalities, stakeholders and community partners.

Councillor Elliott requested information on the charge the Region of Niagara levies upon municipalities for waste management services. Mayor Badawey advised that the charge is based on assessment and the level of service provided by the Region of Niagara. Councillor Bodner advised that municipalities were charged by tonnage of waste and credited for the amount they recycled. Mayor Badawey informed that those service costs are charged to the municipality who can add them to the levy or charge them back to customers as a user fee, which the City of Port Colborne does not. The Mayor informed the annual fee for waste management services fluctuates based on the additional level of service provided. The Director of Engineering and Operations advised that the Region of Niagara charges for a base level of service and additional costs for those properties that require additional services, as approved by the municipality. The Director of Engineering and Operations suggested the Region's Commissioner of Public Works could be invited to provide an overview of the charges Council. The Director of Community and Corporate Services advised that a breakdown of assessment and service levels can be provided to Council.

295


12. COUNCILLOR'S ITEMS/NEW BUSINESS

(a) Children Playing Signs on Chippawa Road (Doucet) Councillor Doucet requested that staff install "Children Playing" signs on Chippawa Road.

Moved by Councillor W. Steele Seconded by Councillor A. Desmarais

That leave be granted to allow for the introduction of a motion concerning the installation of "Children Playing" signs.

CARRIED.

Moved by Councillor Y. Doucet Seconded by Councillor A. Desmarais

That the Director of Engineering and Operations be directed to install two "Children Playing" signs on the southern part of Chippawa Road, one 100 yards from Main Street East and one 100 yards from Berkley Avenue.

CARRIED.

(b) Removal of Stop Signs at Chippawa Road Intersection (Doucet) Councillor Doucet requested that the stop signs installed at the intersection of Chippawa Road and Berkley Avenue be removed. The Director of Engineering and Operations advised that a previous study determined stop signs were not warranted, however were installed at the request of Council. Mayor Badawey advised a public meeting be scheduled to allow residents to voice their opinions on the issue.

(c) Brock University Political Science Students (Steele) Councillor Steele advised that Mitchell Steele and Ivan Almasi, Political Science students from Brock University, were in attendance to observe the Council meeting.

(d) Cruise Night Association Acknowledgement (Desmarais) Councillor Desmarais requested that Cruise Night Association members be acknowledged for hosting Cruise Nights each Thursday through the summer.

(e) East Village Community Park (Desmarais) Councillor Desmarais requested an update regarding the planned improvements to the East Village Community Park. The Director of Engineering and Operations advised an updated would be obtained from staff.

(f) Washroom Facilities at the Algoport Skate/BMX Park (Desmarais) Councillor Desmarais advised that she received a complaint that the public washrooms at the Algoport Skate/BMX Park were closed during the weekend. The Director of Engineering and Operations advised that he will bring this forward during budget deliberations.

(g) Door to Door Water Filtration Sales (Kenny) Councillor Kenny warned that door to door salespeople offering water filtration systems are making false statements regarding government mandated systems.

(h) Household Hazardous Waste Depot (Danch) Councillor Danch advised that the Household Hazardous Waste Depot was held on September 20, 2014 at the Vale Health and Wellness Centre and was well attended.

296


(i) Fox Dens in Port Colborne (Elliott) Councillor Elliott advised that residents have expressed concern regarding a fox den located near the Cenotaph on Sugarloaf Street. The Director of Engineering and Operations advised that staff have contacted the appropriate authorities.

13. ADOPTION OF MINUTES

(a) Minutes of the Twenty First Meeting (Regular) of Committee of the Whole, September 81h, 2014

Moved by Councillor W. Steele Seconded by Councillor B. Kenny

(a) That the Minutes of the Twenty First Meeting (Regular) of Committee of the Whole, September 81h, 2014 be adopted as circulated.

CARRIED.


1. Notice of Motion - Councillor Desmarais - Notice to property owners regarding Property Standards Violations

Moved by Councillor A. Desmarais Seconded by Councillor B. Kenny

LOST.

That the Council of the City of Port Colborne direct staff to modify the current method of notification when inspection by the property standards officer reveals that a property does not conform with the standards prescribed by the by-law, resulting in the issuance of a Notice of Violation. This Notice of Violation shall be sent by prepaid registered mail to the assessed owner of the property and served in person to the occupant and/or posted on the building.

9. Department of Planning & Development, Report No. 2014-68, Subject: Rural Economic Development Program Funding Agreement

Moved by Councillor F. Danch Seconded by Councillor A. Desmarais

That the Mayor and Clerk be authorized to enter into an agreement to accept the $30,500 grant from the Ontario Ministry of Agriculture, Food and Rural Affairs.

CARRIED.

15. NOTICES OF MOTION

Nil.

16. MOTION TO ADJOURN

AG/dd

Moved by Councillor F. Danch Seconded by Councillor R. Bodner

That there being no further business, the Committee of the Whole meeting be adjourned at approximately 8: 18 p.m. CARRIED.

297

298

Summary of my presentation on the request of delaying roadside cuttings.

September 22nd Council Meeting

I am requesting the delay of roadside cutting from July 1st to October 1st, and also suggesting the

actual width of area being cut to be reduced as well.

I discovered some outstanding findings regarding our roadsides, and I feel everyone should be

made aware. I feel this information should be taken seriously in consideration before any future

roadside maintenance decisions are made.

Intro.

Insects are important species for our ecosystems, especially pollinators. Which species of

insects are pollinators? Bees, butterflies, moths, beetles, ants and flies.

Pollinators are important because of their special interactions with flowers, carrying pollen from

one flower to the next; they unknowingly provide over 1/3 of the fruit and vegetables we eat.

Seems quite simple ..... but it's not.

The flowers have evolved and transformed over millions of years to attract the right pollinator

to ensure its survival. The pollinators in turn have depended on these flowers for food for their own

survival as well. And we are the one who benefitted from these on-going co-dependency interactions

between flower and pollinator. But our pollinators are in trouble .......

We are all aware of the bee's disappearance, and the monarch butterfly has been in the news

the past two years due to its massive decline. Scientists believe that the Monarch butterfly is the

'canary in the coalmine', what other wild pollinator species are diminishing as well?

Background information

I'm what you call a citizen scientist; I collect data for several universities to enable them to

continue their research on the Monarch butterfly.

My story about the roadsides starts with last summer needing monarch specimens for teaching

monarch behavior in classrooms and well as for holding public events. Couldn't find any on my

property, but noticed a monarch laying eggs along a roadside. I continued collecting monarch

caterpillars throughout the rest of summer along the roadsides and to my surprise I collected over 100

all together. My findings were interesting to many who study monarchs, since last year was a record

low for sightings of that butterfly.

299

I thought maybe last year was an isolated incident, but what if it isn't? So I decided this year to

select an area to observe before the actual roadside cuttings happen in summer. The area I selected

was from highway 140 to Brookfield road, 3rd Con. to the lake. Of the nine roads I observed, I collected

254 Monarch caterpillars, just before the tractor went through. Spectacular and amazing finding, but I

was overwhelmed with the amount of work and time that I had to commit to in the care of these

butterflies. Not wanting to do this again .... due to the fact the amount of time required in raising them

and the fact that Port Col borne now didn't have any milkweed for me to feed the caterpillars with.

Please keep in mind this is just a small fraction of the monarch populations that are along all of our

roadsides.

Why are there so many Monarchs on Port Colborne's roadsides?

It must be because the Monarchs are migrating North during the summer months, and when

they cross the lake which is the most demanding part of their journey, they rest and feed heavily along

the north shore of the lake. Encouraging mating opportunities for the Monarchs, therefore having

females needing to distribute their 300 eggs, within 1 Yi to 2 weeks before their death.

In Port Colborne the only dependable and safe supply of milkweed for the Monarchs is along

rural roadsides.

What are the benefits of delaying roadside cutting?

Monarchs

They are species at risk.

In 1983 World Wildlife Federation declared the Monarch an Endangered Phenomenon, due to

the fact it is the longest migration of a insect in the world, as well it takes four generations of the

Monarch to complete the full circle route of the migration itself.

I know by making a simple change to how we manage roadside cuttings we can see the results

immediately for the Monarch population in Port Colborne.

Pollinators

Pollinators are required for 2/3 of all farm grown vegetation in Niagara.

But our bees are disappearing ....

Where do are bee's go for food???

300

,As consumers, we use and spend a lot on products, but...we don't seem to be willing to spend

enough money for one of our basic needs, food. Due to this, many farmers have to use modern farming

practices in order to simply make a living.

Just in the past seven years farmers can choose to have acres and acres of crop land without any

wildflowers growing among the crops at all. That has never been possible before, and that important

biodiversity has been here throughout farming history is disappearing fast. So there is more of a reliance

on our rural roadsides to make up for this loss of biodiversity.

By waiting til at least October 1st ensures bees and pollinators food until frost. Wild pollinators

and farmed bees desperately need this last remaining food source before winter to strengthen their

survival.

Citizens can benefit from this as well

As a community we are supporting biodiversity, which is needed for every living organism on

this planet. By supporting this biodiversity we will help our food supply by increasing yields of produce

for farmers and gardeners. The roads will look prettier, and there will be more wildlife, especially

butterflies.

And a savings of a 1/3 of tax money .... 3 cuts per year reduced to 2 cuts.

Also requesting to have the width reduced alongside the roads as well, a smaller tractor could

do the job in a fraction of the time required.

One thing I've noticed is that all the roads within the area I observed at least 50% of each

roadside is already being cut and maintained by the homeowners. Cedar bay road is a good example of

this. Why are we wasting our money paying somebody to cut roadsides that are already being done?

Summary

There is a proven biodiversity in our public drainage system, for example the Welland Canal.

The canal is similar to a big ditch with natural strips of seaway land on either side of it. Along those strips

of land 95% of our wild bee population is condensed along those canal lands. Imagine the impact of

having these pollinator habitats throughout rural Port Colborne roadsides.

301

Finally ...

The magic that is performed between the flower and the pollinator is rarely noticed or

appreciated. Yet... this magic where life regenerates itself over and over again is the key to our

existence.

Why don't we use rural roadsides as a way to protect species at risk, encourage pollinators and

at the same time help gardeners and farmers, and most importantly provide a healthy environment for

future generations.

Patty Moss

776 Chippawa Road

302

I

PORT COLBORNE

CITY OF PORT COLBORNE REGULAR COUNCIL MEETING AGENDA

TUESDAY, OCTOBER 14, 2014 following Committee of the Whole Meeting Council Chambers, 3rd Floor, 66 Charlotte Street

CALL MEETING TO ORDER Mayor Vance Badawey


2. CONFIRMATION OF AGENDA


4. ADOPTION OF MINUTES (a) Minutes of the Twenty Ninth Meeting (Regular) of Council of September 22, 2014

5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION

6. ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION


8. PROCLAMATIONS: (a) Poppy Week, October 31 to November 11, 2014 (b) National Child Day, November 20, 2014

9. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES: (a) Minutes of the Environmental Advisory Committee Meeting of June 11, 2014 (b) Minutes of the Canal Days Advisory Committee Meeting of July 16, 2014 (c) Minutes of the Port Colborne Gateway Business Improvement Area Board of

Management Meeting of June 3, 2014 (d) Minutes of the Port Colborne Historical & Marine Museum Board of Management

Meeting of July 15, 2014

10. NOTICE OF MOTION

11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS (i) By-laws for Three Readings

12. CONFIRMATORY BY-LAW

13. COUNCIL IN CAMERA MEETING

(i) Motion to go into closed session

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Regular Council Meeting Agenda October 14, 2014

That Council do now proceed in camera in order to address the following matter(s):

(a) Minutes of the Closed Session portions of the September 15, 2014 Special Council meeting and September 22, 2014 Regular Council meeting

(b) Department of Planning and Development, Report No. 2014-73, concerning the potential disposition of City owned land, pursuant to the Municipal Act, 2001, Subsection 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board

(c) Confidential correspondence received by the Mayor's Office on September 25, 2014, concerning the potential disposition of City owned land, pursuant to the Municipal Act, 2001, Subsection 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board

(ii) Disclosures of Interest (closed session agenda)

(iii) Consideration of closed session agenda Items

(iv) Motion to rise with/without report

14. DISCLOSURES OF INTEREST ARISING FROM CLOSED SESSION

15. MOTIONS ARISING FROM CLOSED SESSION

16. ADJOURN

304

NOTES

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COUNCIL ITEMS:

ITEM DESCRIPTION

1.

2.

3.

4.

5.

6.

7.

Department of Community & Corporate Services, Community Services Division, Report No. 2014-26, Subject: Niagara Children's Planning Council National Child Day

Department of Community & Corporate Services, Community Services Division, Report No. 2014-27, Subject: Art Week (August 16-22) and Council endorsement for a grant application

Department of Community & Corporate Services, Report No. 2014-34, Subject: Cancellation, reduction or refund of Realty tax for 2014 taxation year for the address of 68 Main St. E. and 1 Marina Dr. and 2013 and 2014 taxation year for 89-91 Durham St.

Department of Community & Corporate Services, Report No. 2014-35, Subject: Development Charge Reserve Funds January 1, 2013 to December 31, 20.13

Department of Engineering & Operations, Engineering Division, Report No. 2014-28, Subject: Tender 2014-13 - Facility Upgrades - Multiple Sites

Department of Engineering & Operations, Report No. 2014-33, Subject: Billing of the Bearss West Branch West Municipal Drain

Department of Engineering & Operations, Engineering Division, Report No. 2014-34, Subject: Proposed Sewer Rodding Policy

RECOMMENDATION

That the Council of The Corporation of the City of Port Colborne supports the initiatives of Niagara Children's Planning Council In recognizing our youngest citizens by declaring November 20, 2014 as National Child Day in Port Co/borne; and by supporting free skating and recognizing free swim sessions being offered from both the City and Port Colborne YMCA on Sunday, November 23, 2014 from 12:00 to 1 :50 p.m. and 1 :OO to 3:00 p.m. respectively.

That City Council endorses the submission of a grant application to be submitted no later than Nov. 1, 2014, and in so doing, Council also commits to leveraging available resources and support for Art Week 2015.

The Council approves the application pursuant to Section 357, numbered 2014-06 and 2014-02 and 2013-13 and 2014-07 to write off taxes in the total amount of $18, 131.36 be approved.


A) That the Council of the City of Port Colborne award Tender# 2014-13 Facility Upgrades - Multiple Sites to King Contractors of Niagara Ltd., of Niagara Falls, Ontario, for the price of $122,850.00 plus applicable taxes, and

B) That funding for Tender # 2014-13 be financed under Accounts: 3-310-33121-3328 (Animal Shelter), with the outstanding funding for the provisional Items for the Animal Shelter to be considered In the 2015 budget, 3-700-33700-3401 (Library), 3-600-33565-3328 (Harbour Master) with the outstanding funding for the Harbour Master be considered in the 2015 budget, and

C) That the appropriate By-law, whereby the City enters into a Contract, be prepared and submitted for execution by the Mayor and City Clerk.

That Council grant permission to Clerks Department to bill the Bearss West Branch West Municipal Drain watershed for the outstanding funds as detailed in the attached assessment schedules 'A' and 'B'.

That City Council approve, by bylaw, the Sewer Rodding Policy as presented.

305


VB BB RB 8. Department of Chief Administrative Officer, That Council receives report 2014-3, Health Services Health Services Division, Report No. 2014-3, Summary, for Information purposes.

AD FD YD Subject: Update on Health Services

DE BK ws Miscellaneous Correspondence

VB BB RB 9. Memorandum from Janice Peyton, Executive That the memorandum received from Janice Peyton, Assistant, DEO, on behalf of the Environmental Executive Assistant, DEO, on behalf of the Environmental

AD FD YD Advisory Committee Re Motion regarding Advisory Committee Re Motion regarding Painting of Ships Painting of ships While in the Canal While in the Canal, be received ; and

DE BK ws That the following motion be approved by Council.

Whereas the Environmental Advisory Committee has received concerns regarding ships that were painted in the Canal last winter,

That Council be asked to question the Saint Lawrence Seaway Authority (SLSA) as to what measures they have in place for painting of ships in the Canal, especially those measures that are related to our water intake.

And further, that the Chief Administrative Office contact the Saint Lawrence Seaway Authority.

VB BB RB 10. Carol Madden, Poppy Chairman Royal That October 31'1 to November Wh, 2014 be proclaimed Canadian Legion Branch 56 Re Request for as "Poppy Week" in the City of Port Col borne In accordance

AD FD YD Proclamation of Annual Poppy Campaign, with the request received from Carol Madden, Poppy October 31, 2014 to November 11, 2014 Chairman, Royal Canadian Legion, Branch 56, Port

DE BK ws Colborne.

VB BB RB 11. Region of Niagara Re Ontario Provincial Police That the correspondence received from the Region of (OPP) Cost Alternative Update (CSD Report Niagara Re Ontario Provincial Police (OPP) Cost

AD FD YD 74-2014) Alternative Update (CSD Report 74-2014), be received for information.

DE BK ws VB BB RB 12. Region of Niagara Re Proposed Amendments That the correspondence received from the Region of

to the Purchasing By-law No. 107-2013 (CSD Niagara Re Proposed Amendments to the Purchasing By-AD FD YD Report 82-2014) law No. 107-2013 (CSD Report 82-2014), be received for

information. DE BK ws VB BB RB 13. Region of Niagara Re Lakefront Enhancement That the correspondence received from the Region of

Strategy - 2014 Incentive Program Niagara Re Lakefront Enhancement Strategy - 2014 AD FD YD Recommendations Projects ZPL 1301 and Incentive Program Recommendations Projects ZPL 1301

ZPL 1401 (PDS Report 37-2014) and ZPL 1401 (PDS Report 37-2014), be received for DE BK ws information, and that staff review the application process

for 2015 projects.

VB BB RB 14. Region of Niagara Re Biii 3 - Proposed That the correspondence received from the Region of Changes to the Planning Act with Respect to Niagara Re Bill 3 - Proposed Changes to the Planning Act

AD FD YD lnclusionary Housing (PDS Report 38-2014) with Respect to lnclusionary Housing (PDS Report 38-2014), be received for Information.

DE BK ws VB BB RB 15. Region of Niagara Re Canada\American That the correspondence received from the Region of

Partnership Approach to Promote the Niagara Niagara Re Canada\American Partnership Approach to AD FD YD River Corridor as a "Wetland" Of International Promote the Niagara River Corridor as a "Wetland" Of

Importance (PDS Report 39-2014) International Importance (PDS Report 39-2014), be DE BK ws received for Information.

VB BB RB 16. Region of Niagara Re Great Lakes and St. That the correspondence received from the Region of Lawrence Cities Initiative - 2014 Annual Niagara Re Great Lakes and St. Lawrence Cities Initiative

AD FD YD Meeting Summary (PDS Report 40-2014) - 2014 Annual Meeting Summary (PDS Report 40-2014), be received for information.

DE BK ws

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VB BB RB 17. Region of Niagara Re 2015 Council and That the correspondence received from the Region of Committee Meeting Schedule (CLK Report 8- Niagara Re 2015 Council and Committee Meeting

AD FD YD 2014) Schedule (CLK Report 8-2014), be received for information.

DE BK ws VB BB RB 18. Brian N. Lambie, Barrister & Solicitor That the correspondence received from Brian N. Lambie,

Regarding Michael Eberly Application for Barrister & Solicitor Regarding Michael Eberly Application AD FD YD Severance - 727 Pleasant Beach Road, Port for Severance - 727 Pleasant Beach Road, Port Colborne,

Colborne, Part 2, 3 & 4 Part 2, 3 & 4, be referred to the Director of Planning and DE BK ws Development for a staff report.


VB BB RB 19. Township of Greater Madawaska Re That the resolution received from the Township of Greater Protection of Public Participation Act, 2014 (Bill Madawaska Re Protection of Public Participation Act, 2014

AD FD YD 83) (Bill 83), be received for information.

DE BK ws Responses to Resolutions of the City of Port Col borne

VB BB RB 20. Region of Niagara Re City of Port Colborne's That the resolution received from the Region of Niagara in Resolution Regarding Increase in US Fees for support of the City of Port Colborne's resolution regarding

AD FD YD Ship Inspections, request for support Increase in US Fees for Ship Inspections, be received for information. ,.

DE BK ws VB BB RB 21. The Honourable Leona Aglukkaq, Minister of That the correspondence received from The Honourable

the Environment Re City of Port Colborne's Leona Aglukkaq, Minister of the Environment Re City of AD FD YD resolution Regarding Designation of Grave Port Colborne's resolution Regarding Designation of Grave

Sites for the Nine Canadian Men who died at Sites for the Nine Canadian Men who died at the Battle of DE BK ws the Battle of Ridgeway Ridgeway, be received for information, and referred to the

Town ofFort Erie for follow up.

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BY-LAWS COUNCIL AGENDA ITEM 11

(i) By-laws for Three Readings

iB''(§,~!!~Y?,~,9}: 6141/107/14

6142/108/14

6143/109/14

Being a By-Law to Authorize Entering Into a Contract Agreement with King Contractors Regarding Tender #2014-13, Facility Upgrades - Multiple Sites

Being a By-Law to Amend the Assessment Schedule to Levy the Actual Costs Incurred in Constructing a Drainage Works Known as the Bearss 2007 West Branch West Municipal Drain

Being a By-Law to Adopt a Sanitary Sewer Rodding Policy

CONFIRMATORY BY -LAW COUNCIL AGENDA ITEM 12

;;;Cl((l'" Being a By-law to Adopt, Ratify and Confirm the Proceedings of the Council of The Corporation of the City of Port Colborne at its Special and Regular Meetings of October 14, 2014

308

The "TWENTY NINTH MEETING" (REGULAR) of the Port Colborne City Council was held at the Municipal Offices, 66 Charlotte Street, Port Colborne on Monday, September 22, 2014 commencing at approximately 8:18 p.m.

ATTENDANCE

Mayor Vance Badawey presided with the following members in attendance:

COUNCILLORS

D. Elliott (left prior to closed session, 8:28 p.m.) W. Steele A Desmarais Y. Doucet F. Danch B. Kenny R. Bodner B. Butters

REGIONAL COUNCILLOR:

D. Barrick

STAFF:

D. Aquilina, Acting Chief Administrative Officer/Director of Planning & Development A Grigg, City Clerk R. Hanson, Director of Engineering & Operations P. Senese, Director of Community & Corporate Services H. Hakim, Manager of Community Services D. D'lnnocenzo, Recording Clerk

Also in attendance were interested citizens, members of the news media and Cogeco TV.

CALL MEETING TO ORDER- MAYOR VANCE BADAWEY


Nil.


No. 213 Moved by Councillor B. Kenny Seconded by Councillor Y. Doucet

That the agenda dated September 22, 2014 be confirmed as circulated. CARRIED.


Councillor Elliott declared a pecuniary interest with regard to closed session item (b), verbal report from the Director of Planning and Development regarding correspondence received concerning the potential disposition of City owned land, as he is employed by Royal LePage, which represents the subject property. Councillor Elliott left the room during consideration of this item and refrained from discussing or voting on this matter.

4. ADOPTION OF MINUTES

(a) Minutes of the Twenty Sixth Meeting (Regular) of Council of September 8, 2014

(b) Minutes of the Twenty Seventh Meeting (Special) of Council of September 15, 2014

(c) Minutes of the Twenty Eighth Meeting (Special) of Council of September 15, 2014

309

Minutes, Twenty Ninth Meeting (Regular) of Council, September 22, 2014 Page 2 of 9

No. 214 Moved by Councillor F. Danch Seconded by Councillor R. Bodner

(a) That the Minutes of the Twenty Sixth Meeting (Regular) of Council of September 8, 2014 be adopted as circulated;

(b) That the Minutes of the Twenty Seventh Meeting (Special) of Council of September 15, 2014 be adopted as circulated;

(c) That the Minutes of the Twenty Eighth Meeting (Special) of Council of September 15, 2014.

CARRIED.

5. DETERMINATION OF COUNCIL ITEMS REQUIRING SEPARATE DISCUSSION

The following items were identified for separate discussion:

Nil.

6. ADOPTION OF COUNCIL ITEMS NOT REQUIRING SEPARATE DISCUSSION

No. 215 Moved by Councillor A. Desmarais Seconded by Councillor W. Steele

That Items 1 to 19 on the regular agenda be approved, as amended at the Committee of the Whole Meeting of September 22, 2014 with the exception of items that have been deferred, deleted or listed for separate discussion, and the recommendations contained therein adopted.

Motions Arising from Committee of the Whole Delegations:

Patty Moss Re Delaying Rural Roadside Cutting on Municipal Roads

Council resolved:

That the request from Patty Moss to delay rural roadside cutting on municipal roads be referred to the Environmental Advisory Committee.

Motions Arising from Committee of the Whole Councillor's Items/New Business:

Children Playing Signs on Chippawa Road

Council resolved:

ITEMS:

That the Director of Engineering and Operations be directed to install two "Children Playing" signs on the southern part of Chippawa Road, one 100 yards from Main Street East and one 100 yards from Berkley Avenue.

1. Notice of Motion - Councillor Desmarais - Notice to property owners regarding Property Standards Violations

Note: The above motion lost during the Committee of the Whole meeting. No further action taken.

2. Department of Community & Corporate Services, Community Services Division, Report No. 2014-22, Subject: 20th Annual Country Walk for Breast Cancer

310


Council resolved:

That Council of The Corporation of The City of Port Colborne endorse this annual event and accept the correspondence received as information.

3. Department of Community & Corporate Services, Community Services Division, Report No. 2014-23, Lakeshore Catholic High School Terry Fox Run

Council resolved:

That Council of The Corporation of the City of Port Colborne accept the correspondence received as information.

4. Department of Community & Corporate Services, Community Services Division, Report No. 2014-24, Downtown Port Colborne Harvest Festival

Council resolved:

1. That a Certificate of Insurance showing a minimum of $2,000,000 general liability coverage and the City of Port Colborne as an additional insured for the purpose of the event, be filed with the Clerk;

2. That Council of The Corporation of the City of Port Colborne approve the temporary closure to vehicular traffic of the north end parking spots of the Market Square parking lot;

3. That staff support the Downtown Port Colborne BIA with the 4th Annual Harvest Festival in accordance with City Policy;

4. That a temporary Noise By-law exemption be approved for the Downtown Port Colborne BIA Harvest Festival on Saturday, October 11, 2014;

5. That a temporary Parks By-law exemption to the Parks Bylaw 5503/100/10, section 36, be approved for the Downtown Port Colborne BIA Harvest Festival on Saturday, October 11, 2014;

6. That a site plan is to be provided for review indicating the following: emergency access, locations of music stages, and type and location of any food vendors;

7. That Council of The Corporation of the City of Port Colborne waive any permit fees required by the City for the Downtown Port Colborne BIA Harvest Festival on Saturday, October 11, 2014; and

8. That the City Clerk be directed to process the appropriate bylaws for Council approval.

5. Department of Community & Corporate Services, Community Services Division, Report No. 2014-25, Subject: Dawg's Burgers and Fries Inc., Ice Box, Lease Agreement

Council resolved:

1. That Council of The Corporation of the City of Port Colborne approves the entering into a lease agreement with Dawg's Burgers & Fries Inc., for the operation of the Ice Box food service area and Mini Putt; and

2. That the Council of the City of Port Colborne authorizes the City Clerk and the Mayor to execute the Ice Box Lease Agreement.

311


6. Department of Community & Corporate Services, Clerk's Division, Report No. 2014-31, Subject: Appointments to Niagara Compliance Audit Committee (2014-2018 Term)

Council resolved:

That the following individuals be appointed to the Niagara Compliance Audit Committee for a term commencing December 1, 2014 and ending November 30, 2018.

Allan Andrews John Bald David Barrett Bob Hildebrandt Margo Pinder James A. Cringan Yasir Nouri

That the eligibility requirements as outlined in the City of Port Colborne Appointments to Boards and Committees Policy, specifically in terms of appointing persons who are not eligible electors in the City of Port Colborne, be waived.

That the appropriate by-law be presented for approval.

7. Department of Community & Corporate Services, Corporate Services Division, Report No. 2014-32, Subject: 2015 Budget Guidelines

Council resolved:

That the Council of the City of Port Colborne receives this report for information purposes.

8. Department of Community & Corporate Services, Clerk's Division, Report No. 2014-33, Subject: Appointments to Flavours Advisory Committee

Council resolved:

That Kevin Echlin, Annemarie Zarubiak-den Bak and Randy den Bak be appointed to the Flavours Advisory Committee for a term ending December 31, 2018.

That the Clerk be directed to bring forward the necessary by-law for approval.

9. Department of Planning & Development, Report No. 2014-68, Subject: Rural Economic Development Program Funding Agreement

Council resolved:

That the Mayor and Clerk be authorized to enter into an agreement to accept the $30,500 grant from the Ontario Ministry of Agriculture, Food and Rural Affairs.

Miscellaneous Correspondence

10. Memorandum from Thomas B. Cartwright, City Fire Chief Re Request for Proclamation of Fire Prevention Week, October 5 - 11, 2014

Council resolved:

312


That the week of October 5th - 11th, 2014, be proclaimed as "Fire Prevention Week" in the City of Port Colborne in accordance with the request received from Thomas B. Cartwright, City Fire Chief.

11. Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario Re Request for Proclamation of Waste Reduction Week, October 20 -26 2014

Council resolved:

That the week of October 20th - 26th, 2014, be proclaimed as "Waste Reduction Week" in the City of Port Colborne in accordance with the request received from Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario.

12. Fred Hahn, President, CUPE Ontario Division and Sheila OlanMaclean, President Ontario Coalition for Better Child Care Re Request for Proclamation of Child Care Worker & Early Childhood Educator Appreciation Day, Wednesday, October 29, 2014

Council resolved:

That Wednesday, October 29th, 2014 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day in the City of Port Colborne in accordance with the request received from Fred Hahn, President, CUPE Ontario Division and Sheila OlanMaclean, President, Ontario Coalition for Better Child Care.

13. Virginia Amato, E.A. to the General Manager, Niagara Regional Housing Re Niagara Regional Housing (NRH) Quarterly Report to Council (April 1, 2014 - June 30, 2014)

Council resolved:

That the correspondence received from Virginia Amato, E.A. to the General Manager, Niagara Regional Housing Re Niagara Regional Housing (NRH) Quarterly Report to Council (April 1, 2014 - June 30, 2014), be received for information.

14. EcoTec Environmental Consultants Inc. Re Detail Design and Preparation of Contract Package for Pavement Rehabilitation, Highway 58 from 0.3 km south of Forks Road to Highway 58A, Highway 140 from Canadian National Railway Structure to Highway 7146 (East Main Street) and Highway 7146 (East Main Street) from Highway 140 to Wellington Street

Council resolved:

That the correspondence received from EcoTec Environmental Consultants Inc. Re Detail Design and Preparation of Contract Package for Pavement Rehabilitation, Highway 58 from 0.3 km south of Forks Road to Highway 58A, Highway 140 from Canadian National Railway Structure to Highway 7146 (East Main Street) and Highway 7146 (East Main Street) from Highway 140 to Wellington Street, be received for information.

15. Region of Niagara Re Development Application Activity Report -Second Quarter of 2014 (PDS Report 31-2014)

Council resolved:

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That the correspondence received from the Region of Niagara Re Development Application Activity Report - Second Quarter of 2014 (PDS Report 31-2014), be received for information.

16. Region of Niagara Re 2013 Reserve Water and Wastewater Treatment Capacities & Servicing Strategy Update for Niagara-on-the-Lake Wastewater Treatment Plant (PDS Report 33-2014)

Council resolved:

That the correspondence received from the Region of Niagara Re 2013 Reserve Water and Wastewater Treatment Capacities & Servicing Strategy Update for Niagara-on-the-Lake Wastewater Treatment Plant (PDS Report 33-2014), be received for information.

17. Region of Niagara Re Appeal to the Ontario Municipal Board of NonDecision Hamlet Policies (PDS Report PDS 34-2014)

Council resolved:

That the correspondence received from the Region of Niagara Re Appeal to the Ontario Municipal Board of Non-Decision Hamlet Policies (PDS Report PDS 34-2014), be received for information.


18. Township of West Lincoln Re Administrative Monetary Penalty System for Parking Enforcement - Request Regional Municipality of Niagara to support and proceed with the Adoption of the New AMPS By-law and Penalty Fees

Council resolved:

That the resolution received from the Township of West Lincoln Re Administrative Monetary Penalty System for Parking Enforcement - Request Regional Municipality of Niagara to support and proceed with the Adoption of the New AMPS By-Jaw and Penalty Fees, be received for information.

Responses to Resolutions of the City of Port Colborne

19. Town of Pelham Re City of Port Colborne's resolution Regarding Increase in US Fees for Ship Inspections - request for support

Council resolved:

CARRIED.

That the resolution received from the Town of Pelham regarding the City of Port Colborne's resolution regarding Increase in U.S. Fees for Ship Inspections, be received for information.


Nil.

8. PROCLAMATIONS

(a) Fire Prevention Week, October 5 -11, 2014

No. 216 Moved by Councillor B. Kenny Seconded by Councillor Y. Doucet

314


WHEREAS many dedicated citizens have joined with volunteer, professional and industrial fire safety personnel as "Partners in Fire Prevention" in a relentless effort to minimize loss to life, destruction of property and damage to the environment;

AND WHEREAS fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures;

AND WHEREAS it is desirable that information on fire causes and recommended preventative measures be disseminated during a specific period of the year;

AND WHEREAS the 2014 fire prevention theme for this period is:

"Working Smoke Alarms Save Lives: Test Yours Every Month!"

Always make sure you:

• Test smoke alarms monthly. • Change the batteries once a year. • Replace smoke alarms after 10 years. • Develop and practice a home fire escape plan with everyone in

your household.

Your safety is your responsibility. Only working smoke alarms save lives. In fact, smoke alarms can increase your chances of surviving a fire by up to 50%.

NOW THEREFORE, I, Vance M. Badawey, Mayor of the City of Port Colborne do hereby proclaim the week of October 5th - 11th, 2014 as "Fire Prevention Week" in the City of Port Colborne. CARRIED.

(b) Waste Reduction Week, October 20-26, 2014

No. 217 Moved by Councillor W. Steele Seconded by Councillor A. Desmarais

WHEREAS the generation of solid waste and the needless waste of water and energy resources are recognized as global environmental problems;

AND WHEREAS municipal and provincial governments have an important role to play in promoting waste reduction, reuse, recycling, composting and other conservation measures;

AND WHEREAS communities, businesses and organizations across Canada have committed to working together to raise awareness of these issues during Waste Reduction Week in Canada;

NOW THEREFORE, I, Mayor, Vance M. Badawey, proclaim the week of October 20th - 26th, 2014 as "Waste Reduction Week" in the City of Port Colborne. CARRIED.

(c) Child Care Worker & Early Childhood Educator Appreciation Day, October 29, 2014

No. 218 Moved by Councillor Y. Doucet Seconded by Councillor D. Elliott

WHEREAS years of research confirms the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes;

315

Minutes, Twenty Ninth Meeting (Regular) of Council, September 22, 2014 Page 8 of9

AND WHEREAS child care promotes the well-being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community;

AND WHEREAS many studies show trained and knowledgeable Early Childhood Educators and child care staff are the most important element in quality child care;

NOW THEREFORE, I, Mayor, Vance M. Badawey, proclaim October 29th, 2014 as the 14th annual "Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Port Colborne in recognition of the education, dedication and commitment of child care workers to children, their families and the quality of life of the community. CARRIED.

9. MINUTES OF BOARDS, COMMISSIONS & COMMITTEES

(a) Discussion Notes of the Accessibility Advisory Committee Meeting of August 13, 2014

(b) Minutes of the Port Colborne Public Library Board Meeting of August 12,2014

(c) Minutes of Heritage Port Colborne Meeting of June 11, 2014

No. 219 Moved by Councillor R. Bodner Seconded by Councillor B. Kenny

(a) That the Discussion Notes of the Accessibility Advisory Committee Meeting of August 13, 2014 be received;

(b) That the Minutes of the Port Colborne Public Library Board Meeting of August 12, 2014 be received;

(c) That the Minutes of Heritage Port Colborne Meeting of June 11, 2014 be received.

CARRIED.

10. NOTICE OF MOTION

Nil.

11. INTRODUCTION, CONSIDERATION AND PASSAGE OF BY-LAWS

By-laws for Three Readings

No. 220 Moved by Councillor B. Kenny Seconded by Councillor W. Steele

That the following by-laws be read a first, second and third time and passed:

• 6135/101/14

• 6136/102/14

• 6137/103/14

• 6138/104/14

• 6139/105/14

CARRIED.

Being a By-Jaw to Temporarily Close to Vehicular Traffic a Section of Market Square for the Purposes of the Downtown Port Colborne Business Improvement Area Fourth Annual Harvest Festival, 2014 Being a By-law to Authorize Entering into a Lease Agreement with Dawg's Burgers & Fries Inc. for the Operation of the Ice Box Food Service Area and Mini Putt, 5 Marina Drive, Port Colborne Being a By-law to Appoint Members to the Niagara Compliance Audit Committee Being a By-law to Appoint Members to the Flavours Advisory Committee Being a By-law to Authorize Entering into a Funding Agreement in Respect of Financial Contribution by the Ontario Ministry of Agriculture, Food and Rural Affairs as Specified in Department of Planning and Development Report No. 2014-68

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12. CONFIRMATORY BY-LAW

No. 221 Moved by Councillor F. Danch Seconded by Councillor D. Elliott

That the following by-law be read a first, second and third time and passed:

• 6140/106/14

CARRIED.

Being a By-law to Adopt, Ratify and Confirm the Proceedings of the Council of The Corporation of the City of Port Colborne at its Regular Meeting of September 22, 2014

13. COUNCIL IN CLOSED SESSION - 8:28 P.M.

No. 222 Moved by Councillor F. Danch Seconded by Councillor D. Elliott

That Council proceed in closed session in order to address the following matter(s):

(a) Minutes of the Closed Session portion of the September 8, 2014 Regular Council meeting

(b) Verbal report from the Director of Planning and Development regarding correspondence received concerning the potential disposition of City owned land, pursuant to the Municipal Act, 2001, Subsection 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board

CARRIED.

No. 223 Moved by Councillor Y. Doucet Seconded by Councillor A. Desmarais

That Council do now rise from closed session without report at approximately 8:54 p.m. CARRIED.

14. DISLOSURES OF INTEREST ARISING FROM CLOSED SESSION

Nil.

15. MOTIONS ARISING FROM CLOSED SESSION

Nil.

16. ADJOURN

No. 224 Moved by Councillor F. Danch Seconded by Councillor B. Kenny

That there being no further business, the Council meeting be adjourned at approximately 8:55 p.m.

AG/dd

CARRIED.

Vance M. Badawey MAYOR

Ashley Grigg CITY CLERK

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318

0 - -

PORT COLBORNE

Meeting Environmental Advisory Committee

June 11th, 2014, 6:00 p.m.

The following were in attendance:

Council: Barb Butters Bea Kenny Yvon Doucet

Staff: Derek Hemauer Chris Lee

Public Members:

Beth Palma Jack Hellinga George McKibbon Patti Stirling Richard Lord

Regrets:

Paul Ruzycki Deanna Lindblad Larry Fontaine

Ryan Waines Janice Peyton

1. Call to Order

Chair Bea Kenny called the meeting to order at 6:05 p.m.

2. Approval I Review of Previous Meeting Minutes

Moved by Beth Palma Seconded by Larry Fontaine

That the minutes of May 14, 2014 be accepted as amended. CARRIED.

3. Items Arising from Previous Minutes

Recycling Containers in City Parks A report on costs was presented by Chris. The containers will be loc?ted at H.H. Knoll Park (2 containers), T.A. Lannan Park (2 containers), the Skate Park (1 container) and Nickel Beach (1 container). Niagara Regional Waste staff determined the locations through site visits, for collection purposes, the pricing reflects those locations. See the attached schedule with pricing/funding and final costs.

Moved by Jack Hellinga 319

Page 2 of 3

Seconded by Yvon Doucet

To proceed with purchase/install as per discussions at an estimated overall cost of $9,000 in 2014, with additional collection costs in future being budgeted by the committee. CARRIED.

Earth Day Due to the inclement weather and lack of participation by other groups there was no earth day activity for 2014. The committee will participate with other groups in an earth day event in 2015.

Budget Chris will provide a detailed update on the EAC funds at the next meeting.

GMO Labelling (Paul Ruzycki) Paul has contacted individuals with expertise on this subject. 111e will investigate further and possibly arrange for an expert to speak to the committee. More details will be provided at a future meeting.

Painting of Ships While in the Canal (Paul Ruzycki) George has made contact with the SLSA and their environmental people are investigating and will report back to George with more information on this subject.

Condition of Seaway Property along the Weir (Patti Stirling) Chris advised that he has discussed this issue with City Bylaw Enforcement and it was clarified that the City has no authority over Federal lands (SLSA properties). Bylaw Enforcement can request clean-ups of Federal lands, but they cannot undertake enforcement or lay charges. George will look further into who is responsible for waste clean-up.

4. New/Other Business

Emerald Ash Borer Deanna submitted further information from NPCA regarding the Emerald Ash Bore. Discussion took place as to whether the committee budget should be allocated to future tree replacement program to counter the devastation resulting from the Ash Bore. Deanna said that it doesn't say Cities don't qualify, so we could try for applying for funds throu~h the Niagara Restoration Program, Chris will pursue this. The committee will discuss this further at future meetings as more details become available.

Modification of Tree Rebate Program List of Acceptable Trees Chris has obtained a suggested list of fruit trees that could possibly be added to the list of possible trees eligible for funding through the current EAC tree rebate program. Chris will forward the list to Deanna for consideration, with a final draft to be submitted at the September 2014 meeting for further discussion by the committee. Committee members hope that these fruit trees might be acceptable to be planted on city boulevards.

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Page 3 of 3

Chris said the City would have to change their policy banning planting of new boulevard trees (due to impingement on hydro lines and heaving of sidewalks due to roots). He said this may be possible if the arborist approves of these trees (including Thornless honey locust) for boulevard planting.

5. Next Meeting/Adjourn

The next meeting will be on Wednesday, September 10, 2014 at 6 p.m.

Moved by Jack Hellinga Seconded by Beth Palma

:

That with no further business to discuss, the meeting be adjourned at 7:30 p.m. CARRIED.

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City of Port Colborne RECElVED

SEP 1 & 2014 CANAL DA VS ADVISORY COMMITTEE MEETING CORPORATE SERVICES

Wednesday, July 16, 2014 - 6:30 p.m. DEPARTMENT Third Floor Committee Room, City Hall

Attendance: Barbara Gaverluk; Gary Gaverluk; Gina Murdoch; Stephen Corr; Allaina Kane; Councillor Desmarais; Michelle Cuthbert-ldzenga; Erno Rossi; Donna Taylor; Michelle Mason; Stephanie Powell-Baswick; Sue Brown; Claudia Brema; Harry Hakim; Mayor Badawey; Paul Peyton; Regrets: Betty Kone; Ben McDermott; James Sherk; Sandy Pilot; Jennifer Bowman Absent: Councillor Bodner; Councillor Elliott; Mountain Bike Race Representative

1) Welcome and Amendments to the Agenda

Meeting was called to order at 6:37 p.m. by Mayor Vance Badawey

2) Approval of Minutes - June 18, 2014

Moved by Claudia Brema Seconded by Sue Brown THAT the minutes from June 18, 2014 be accepted as presented. CARRIED.

3) Business Arising from Minutes

Nil.

4) Correspondence received since June 18, 2014 Meeting

Nil.

5) Staff Reports

• Budget

Allaina reported that all expenses and projected revenues to date are on-budget.

• Sponsorship

Sandy Pilot provided the following written report: (Attached) - $145, 000 to date in funding for Canal Days with another $10,000 to $15,000

projected before the event kicks-off. - Had a successful Press Release/Sponsor of the Year Event 2014 at Roselawn

on July ih Reward packages will be ready for distribution on Friday, July 251

h. All packages not delivered will be available at reception. Invitations to the Opening Ceremonies at the Museum have been emailed

Page 1of7

323

- All members of the Canal Days Committee will be receiving hospitality Lounge passes. If Committee Members have any additional information or questions to email or call Sandy.

• Entertainment- Market Square Allaina reported that the Johnstones will be opening before Ill Scarlet and secured in time to be included in the brochure.

Currently the only activity in Market Square Sunday is a non-denominational service from 1030am to 1 pm in afternoon. Working with St. James St. Brendan to ensure services are not affected. They are also working with the production company regarding equipment use.

Committee members discussed other options, however, after discussion it was decided that Market Square would go black on Sunday afternoon. It was also noted there is no budget for additional entertainment; current cost is approximately $5,000 over initial budget.

Also reported that the Ultimate Air Dogs Canada is an annual contract and can be reviewed by Committee. The costs for this venue and event are in the range of $8,000 in total ($5,000 performance fee plus amenities and logistic support for the air dogs'

- -- -------performance-:-)-------------------- -- -------

Councillor Desmarais recommended that consideration should be made to expand Patio on West on Sunday that may include entertainment if Canal Days plans to go black on Sundays in the Market Square.

Update on chairs in Market Square: A report back from the SEAT committee; Canal Days Committee was informed that chairs can be placed on Catherine Street where a fence running parallel to the parking fence is located. People with chairs will be directed to sit in that area and allow them to be away from the heavily populated areas, this area is also well-lit for safety and pedestrian flow with strong police presence.

• Vessels Allaina reported that all vessels have been confirmed. The Canadian Coast Guard will have the Private Robertson along with The Cotter, Liana's Ransom & Empire Sandy.

Action Item: Allaina to set up site meeting for spacing of West Street with Mark Minor (Marina Supervisor) & Paul Peyton (Public Works).

• Marketing Allaina reported that all print marketing is almost finished and currently finalizing the Welland Tribune insert that will be distributed on Thursday, July 24th

Page 2 of 7

324

All radio and television advertisements start on Monday July 21 51. Giant FM (focusing

on Liana's Ransom Cruises); 97.7, 105.7, and 610. Councillor Desmarais provided positive comments about the brochure along with other committee members.

• Transportation Gina reported that all buses coming this year are articulating buses.

• Parking Gina reminded the Committee that road closures will be in effect as of 4:00am Friday morning and that there is one new road closures on Clarence Street (between King St. & Catherine St.). Furthermore, there will be no parking on the West side of King St. from Charlotte to Sugarloaf.

• Vendors Currently booked and in place:

13 community vendors - 30 retail vendors - 23 food vendors

Gina commented that a number of the old vendors are not returning this year. Food courts will be located at Charlotte & West Street and Victoria & West Street. Gina also reported that Frankie Fettuccini had to back out due to a motor vehicle breakdown with his truck.

i. Port Colborne Community Fund 50/50 at Car Show Moved by Sue Brown Seconded by Claudia Brema THAT the Port Colborne Community Fund is permitted to sell their 50/50 tickets at the Car Show. CARRIED

ii. Other/Sanctioned Event Vendors Gina pointed out to the Committee that there have been some discrepancies as to what community groups are paying in vendor fees. For example, the Duck Race was not paying a vendor fee on West Street (Community vendor fee is set at $150). Following some discussion with the organizers they have agreed to pay the $150 fee plus HST.

Gina also mentioned that sanctioned events have not been taking into consideration aspects of the City's vendor application process, such as fees and insurance. It was noted that some latitude has been given to some groups/vendors and that the process does not come across as open and fair resulting in a loss of revenue across festival. Example: The Port Colborne Lions pay for 1 spot on West Street and also set up during the Car Show at HH Knoll Park where they don't pay a fee. The vendor application for community groups outlines that a $150 fee is to be paid for each additional location.

Page 3 of 7

325

It was also decided that both the Car Show and the vendors will sell water (no longer to be exclusive to one party).

Gina also informed the Car Show that the vendor request to increase hydro amps still requires feedback from the festival electrician next week. This hydro need although may be a reasonable request, however it is not a request from a vendor who made application to be on site. This vendor is on site by permission from the Car Show.

Action Item: Community Services to ensure that for 2015 all sanctioned events and community groups are duly informed and must follow the same arrangements and comply with the agreements and regulations that and included in the application forms. Community Groups are to funnel all information through the Events Coordinator responsible for vendors. Communication is to also occur between the Museum & Community Services prior to 2015.

• Volunteers Harry reported that the volunteer gaps have been filled and the only area currently being worked on is with the YMCA for the children's area. A draft schedule should be distributed shortly and further adjustments may be made.

• Other i. Patio on West

--------------------------Allaina reported that-last-year-there-were-minor-issues-with- -Mosaic - Smirnoff brands (Diageo). They were requiring identification from everyone, regardless of age, which seemed to present a nuisance. Committee discussed this at prior meetings and that the Smirnoff tasting booth would move into the patio on West footprint allowing the City to take on this responsibility obtaining identification in accordance with the Municipal alcohol policy & procedures. Since then, Diageo has been sold to Wirtz ... therefore we cannot do what we legally thought we could. Wirtz will now be located at the end of the patio and patrons can have their samples and then make their way into patio. Festival requirements for identification will be in place and security will be following Ontario's regulation to ID anyone who appears under the age of 25. Sample sizes are 3 oz and the 'ice your beer' will be 6 oz samples. Friday & Saturday evening the activation will be at Market Square on the North side of beer serving tent. Smirnoff Ceasar's will be at Patio on West and poured into cups due to glass bottles. Patio on West Volunteers will be serving the Ceasar's this year.

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6) 2014 Sanctioned Events Reports:

• Museum Michelle commented that everything is in place and ready to go. Stephanie commented that they are working on getting someone from Lower Lakes Towing to the opening ceremonies as they have been their biggest sponsor for past the past 15 years and would like the Mayor to be part of the recognition. Stephanie also commented that they are working on getting Chris Lee to display his surf board collection as an accompaniment to the swim wear and sand castle theme. Stephanie requested that the Canal Days information credentials should have her cell phone number.

• Kite Show Donna informed the Committee that they had a Trailer meet at Long Beach and promoted Canal Days. Gina informed Donna that they will be getting the lights they require for their night fly at a discounted price.

• Car Show Gary informed the Committee that he will be marking the field on August 1st and setting up on the band shell August 2nd. Gary invited everyone to the Canal Days pre-party at the Downtown Cruisers on Thursday July 31st, which is being sponsored by the City and Council.

Gary also noted that the Car Show rep did not get invite to media release, which was also echoed by the Craft Show rep.

• Boat Parade of Lights Committee members were reminded that they will only be doing 1 loop.

• Shorthills Cycling No further updates.

• Craft Show Sue reported that 35 crafters have paid (some occupying double spots). Road-side signs have been posted and she has recieved10 calls for vendors since the signs have gone up. Sue noted that handmade craft is the requirement to be a vendor.

• Lighthouse Tours Erno reported that they have received approval to take people to and from lighthouse via POCOMAR. They have also secured a Pontoon boat that seats 12 people that will be used as backup to POCOMAR. The cost is $15 per person or $25/family - kids are no charge up to 12 years old. All Lighthouse tours will be launched from the Marina.

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327

• YMCA Ben McDermott submitted the following written report:

On Saturday & Sunday (August 2&3) the YMCA will be offering activities at the Vale Health & Wellness Centre:

o Open Swim (free to the community from 1 :00-3:00pm on both days) o Family Inflatable Bouncer Time (free to the community from 1 :00-3:00 pm

on both days) - parents must be present with kids; and o Active Games for Youth (6-12 years old, free to the community from 1 :00-

3:00 pm on both days) - parents much be present with the kids. We are also working on recruiting volunteers to support the Children's Activity Area. Jennifer/Ben have been in communication and will continue to work on this to help fill some of the times that volunteers are still needed for this area.

Stephanie commented that she has an overflow of students (ages 14-16) and will inform them to contact Jennifer for other opportunities during the festival.

• Clarence Street Connection No one from this sanctioned event was present to make a report.

Gina informed the Committee that as a new sanctioned group that came forward this year she recently received information that Eataly is hosting a spaghetti eating contest with support from one of their sponsors TABASCO hot sauce. Gina updated the

-- - -~-----committee-on these types-of events-that although-seem-to be-a-@eed-way-to-j:)remote--------- -----~activity and participation there are liability concerns when hosting these ancillary events. First and foremost they must appear as part of the overall line up of activity/event sanctioned groups are providing. The Municipal insurer has provided some guidance on this matter and the steps organizers should be taking before implementing such activity/event. Further communication with the Clarence Street Connection will be made and every effort will be undertaken to make certain these events can take place. Follow-up with insurance company has been made and these details will be provided to the organizers. Other activities/events include a Chili cook-off as well as entertainment on two separate small stages on Clarence St.

Action Item: Staff to clarify the terms and conditions for all sanctioned events and any ancillary activity/event being undertaken via sanctioned events. There is a responsibility to make certain that sanctioned events and groups coming forward understand the details for activity/event hosting and that liability for all parties

7) New Business

Claudia Brema commented to the Committee that Mr. Snider is very proud about the Media Launch and his recognition.

Gina Murdoch asked Committee Members to consider, when accepting and inviting new groups for next year, monitoring and ensuring that a continuous positive and supportive outlook is maintained.

Page 6 of 7

328

Allaina informed the Committee that new information lanyards will be prepared this year and will be available for pick up staring July 301

h. They will not be personalized each credential will be labeled generically as one of the following: 'Staff'; 'Committee'; 'Sanctioned Events'; and so on.

Action item: Allaina also reached out to the Chair of the Committee to pursue and request that the 17 sections of white fence for the Patio on West being borrowed from the Welland Recreation Canal group provide a donation vs. applying the associated cost ($4 per section).

Moved by Stephanie Powell-Baswick Seconded by Donna Taylor THAT all Staff reports be accepted in block as presented. CARRIED

Moved by Gary Gaverluk Carried by Councillor Desmarais That all Sanctioned Event reports be accepted in block as presented. CARRIED

8) Adjournment

Mayor Badawey expressed his thanks to staff, committee members and all volunteers.

Moved by Erno Rossi Seconded by Donna Taylor THAT the meeting be adjourned at 8:20 pm. CARRIED

Next Meeting: Canal Days 2014 Post-Mortem Wed, September 17, 2014 6:30pm

Page 7 of 7

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330

City of Port Colborne RECEIVE[)

SEP 2 5 20\4 CORPORl\Tt: St.ti 1',. '.f-··

PORT COLBORNE GATEWAY BUSINESS IMPROVEMENT AREA DEPARTMEN 1·

BOARD OF MANAGEMENT

MEETING MINUTES

Date: June 3, 2014

Location: Country Store Kettle & Grill

Attendance: Mark Guilbeault, Cathy Ellah, Kim Danch, Frank Danch, Martin Moskalyk, Chris Bull

1. Call to Order

The meeting was called to order at 7:15 pm

Meeting chaired by Mark Guilbeault

2. Attendance and Confirmation of Quorum:

A quorum was present

3. Declarations of Interest

None declared

4. Confirmation of Agenda Inserted under "Old Business" item A- Letter from Sandy Baird of Windwalker Signs Moved by Martin Moskalyk, seconded by Frank Danch that amended agenda

of September 23, 2014 be confirmed, Carried

5. Adoption of Minutes Moved by Kim Danch, seconded by Martin Moskalyk that the minutes of June 3rd, 2014 meeting be approved as presented, carried

6. a) Treasurers Report - Presented by Kim Danch $2895.27 current balance, with another deposit of $9000 - $10,000 coming in October from City (annual tax levy). Moved by Kim Danch, seconded by Frank Danch to receive the Treasurer's report as presented.

Carried

b) Councillors Report- Presented by Frank Danch

Nothing to report.

7. Old Business a) Letter from Windwalker Signs - Cathy Ellah presented a letter sent from Sandy Baird,

apologizing for the clock/sign not being completed. He cited personal reasons for the delay, and asked that the board consider an extension. Moved by Frank Danch, seconded by Martir Moskalyk that board send a letter of understanding that he will fulfill his contractual obligations, and that the BIA would work with him to get the projects completed. The letter was also to include the caveat that a personal interim inspection would be required. Carried

b) Plaque - Moved by Kim Danch, seconded by Martin Moskalyk that due to unavailability of specific names for plaque, the project would move forward with more general wording recognizing those who died while building canal. Carried

331

c) Clock-See item a, regarding letter from Windwalker Signs

8. New Business

a) Elections - Elections held.

President- Martin Moskalyk nominated by Frank Danch, seconded by Chris Bull. Nomination accepted. Vice President - Chris Bull nominated by Frank Danch, seconded by Kim Danch. Nomination accepted.

Secretary/Treasurer- Kim Danch nominated by Frank Danch, seconded by Chris Bull. Nomination accepted. Director at Large - Mark Guilbeault acclaimed. Director at Large - Ken Martel acclaimed. City Councillor Posiiton - to be determined by Municipal election.

SLATE OF OFFICERS COMMENCING OCTOBER 28, 2014: President: Martin Moskalyk Vice President: Chris Bull Secretary/Treasurer: Kim Danch Directors at Large: Mark Guilbeault and Ken Martel

9. Next Meeting- Next meeting scheduled for November 4th, 2014 at 7:00 p.m. at Country Store Kettle & Grill

10. Adjournment- Moved by Frank Danch, seconded by Kim Danch that meeting be adjourned. Carried.

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Port Colborne Historical & Marine

MUSEUM ... more than a museum!

City of Port Colborne R~CEIVED

SEP 2 9 20\4 CORPORAIE: StR\i l~~ES

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A meeting of the Board of Management of the Port Colbome Historical and Marine Museum was held July 15th, 2014 at 7 pm at the L.R. Wilson Heritage Research Archives.

Present: Brian Heaslip, Bonnie Johnston, Marcia Turner, Terry Huffman, Jack Roy, Terry

Huffman, Cheryl MacMillan, Dorothy Santarella, John Maloney, Stephanie Powell Baswick,

James van Dillen, Carrie Mcintosh

Regrets: George Sanders, Marge McA voy, Pamela Koudjis, Councillor Dave Elliot

Minutes of Last Meeting

Moved by: John Maloney Seconded by: Cheryl MacMillan To: Approve the Minutes of the Board of Management from June 17th, 2014. Motion Carried.

Business Arising From Minutes: None

Correspondence: Museum Musings summer newsletter has been mailed out. Invitations and newsletters

from various associations were available for viewing.

Curator Report: Stephanie Powell Baswick reported that the ceremony to commemorate the centenary of

the beginning of World War I will be held on Tuesday August 5, 2014. Young Canada Works in Heritage Institutions was contacted and amendments were made

to the original application for an Auxiliary Assistant. The amendments were favourable and we were awarded the student grant. Interviews were conducted and Stephanie Paquette was the successful candidate.

The City cannot receive funds from a lottery. The Duck Race is in question due to this. Further means of raising funds will be looked into.

Moved by: Brian Heaslip Seconded by: Jack Roy To: Enter into a verbal agreement with the Conservation Club to assist them in the sale of tickets which will have 100 % of the duck sale ticket proceeds going to them. Motion Carried.

A maintenance plan draft was given to the Building and Property Chairman. Any revisions or additions would be welcome.

Stephanie presented the Statistical Report for May and June, along with an explanation.

280 King Street, P.O. Box 572, Port Colborne, ON L3K 5X8 I Tel: 905-834-760..J. I Fax: 905-834-6198 I [email protected] 333


MUSEUM ... more than a museum/

The Accession Committee is currently without a Chairman.

Moved by: I ack Roy Seconded by: Brian Heaslip To: Approve Marica Turner as the new Chair of the Accession C01mnittee. Motion Carried.

Auxiliary Report: Stephanie Paquette is our new Auxiliary Assistant student. The students have been working out well. Executive meeting will be held regarding Canal Days. New aprons are planned.

Program Committee Report: Marcia Turner reported that $461.00 was raised at the Pie Social. It was requested that the Carriage Rides at the Grand Old Christmas Festival be increased

from $1.00/person to $2.00/person due to increase in costs to have the Carriage come to the event.

Moved by: B01mie I ohnston Seconded by: I ack Roy To: Approve the increase in rate for Carriage Rides from $1.00/person to $2.00/person. Motion Carried.

Fundraising Committee Report: 3 81 Duck Race tickets are currently handed out to different venues to be sold.

Canal Days T-Shirts are available for $20.00/EA

Building and Property Committee Report: Fire and electrical problems were discussed. The second floor storage of the Carriage House situation was discussed. A plan will be

required before the next Board Meeting.

Finance Committee Report: No report

Membership Committee Report: Bonnie Johnston reported that there are 195 memberships and 5 Life Patrons. $1,3 50.00 in donations. Membership sales required for Canal Days.

Accession Committee Report: Stephanie has been accepting and denying artifacts in absence of a Accession Chairman

and lack of Committee meetings.

280 King Street, P.O. Box 572, Port Col borne, ON L3K 5X8 I Tel: 905-834-7604 I Fax: 905-834-6 l 98 I [email protected] 334


MUSEUM ... more than a museum!

1812/Timber Cabin Committee Report: Brian Heaslip reported on the Beaches Road 1812 Ceremony. Recognition to George Sanders, who sponsored the Cabin move was shown by Brian. (A pen made from a piece of wood from the Cabin) A purchase of bunting for the Timber Cabin was proposed.

Moved by: Brian Heaslip Seconded by: John Maloney To: Approve the purchase of bunting for the Timber Cabin. Motion CatTied.

A fundraising drive was discussed.

New Business: Can Donations still be made towards the Heritage Resource Centre? A donation was made and volunteer Sheila Brockest will be added to the Memorial Wall

at the Museum.

Motion to Adjourn: Cheryl MacMillan

'.1.80 King Street, P.O. Box ST!... Port Colborne, ON L3K 5X8 I Tel: 905-834-7604 I Fax: 905-834-6198 I [email protected] 335

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