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AGENDA - Council - 20180508
Council Meeting Agenda Tuesday, May 8, 2018 7 p.m. Council Chambers Aurora Town Hall Public Release May 4, 2018 Town of Aurora Council Meeting Agenda Tuesday, May 8, 2018 7 p.m., Council Chambers 1. Approval of the Agenda Recommended: That the agenda as circulated by Legislative Services be approved. 2. Declarations of Pecuniary Interest and General Nature Thereof 3. Community Presentations 4. Delegations 5. Consent Agenda Items listed under the Consent Agenda are considered routine or no longer require further discussion, and are enacted in one motion. The exception to this rule is that a Member may request for one or more items to be removed from the Consent Agenda for separate discussion and action. Recommended: That the following Consent Agenda Items, C1 to C4 inclusive, be approved: Council Meeting Agenda Tuesday, May 8, 2018 Page 2 of 4 C1. Council Meeting Minutes of April 24, 2018 Recommended: 1. That the Council meeting minutes of April 24, 2018, be adopted as printed and circulated. C2. Council Public Planning Meeting Minutes of April 25, 2018 Recommended: 1. That the Council Public Planning meeting minutes of April 25, 2018, be adopted as printed and circulated. C3. Council Public Planning Meeting Minutes of March 28, 2018 Recommended: 1. That the Council Public Planning meeting minutes of March 28, 2018, be adopted as printed and circulated. C4. Memorandum from Mayor Dawe Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of March 23, 2018 Recommended: 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of March 23, 2018, be received for information. 6. Standing Committee Reports S1. General Committee Meeting Report of May 1, 2018 Recommended: 1. That the General Committee meeting report of May 1, 2018, be received and the recommendations carried by the Committee approved. Council Meeting Agenda Tuesday, May 8, 2018 Page 3 of 4 7. Consideration of Items Requiring Discussion (Regular Agenda) 8. Motions (a) Mayor Dawe Re: Town Park Pathway Naming – Queen’s York Rangers Lane 9. Regional Report York Regional Council Highlights – April 19, 2018 Recommended: That the Regional Report of April 19, 2018, be received for information. 10. New Business 11. Public Service Announcements 12. By-laws Recommended: That the following by-laws be enacted: (a) By-law Number XXXX-18 Being a By-law to appoint Building Inspectors for The Corporation of the Town of Aurora. (b) By-law Number XXXX-18 Being a By-law to exempt Block 26 on Plan 65M- 4467 from Part-Lot Control (Country Wide Homes at Aurora Inc.). (c) By-law Number XXXX-18 Being a By-law to define the Procurement policies and procedures for The Corporation of the Town of Aurora. (General Committee Report No. FS18-007 – Apr. 17/18) Council Meeting Agenda Tuesday, May 8, 2018 Page 4 of 4 13. Closed Session 14. Confirming By-law Recommended: That the following confirming by-law be enacted: By-law Number XXXX-18 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on May 8, 2018. 15. Adjournment Town of Aurora Council Meeting Minutes Council Chambers, Aurora Town Hall Tuesday, April 24, 2018 Attendance Council Members Mayor Dawe in the Chair; Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, and Thompson Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Robin McDougall, Director of Community Services, Techa van Leeuwen, Director of Corporate Services, Dan Elliott, Director of Financial Services, Al Downey, Director of Operations, Marco Ramunno, Director of Planning and Development Services, Stephanie Mackenzie-Smith, Manager of Corporate Communications, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Ishita Soneji, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. A moment of silence was observed in honour of the victims, and their families, first responders and hospital staff, of the recent van attack in Toronto. 1. Approval of the Agenda Moved by Councillor Pirri Seconded by Councillor Kim That the agenda as circulated by Legislative Services be approved. Carried Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 1 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 2 of 14 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 3. Presentations None 4. Delegations None 5. Consent Agenda Council consented to consider Item C1 (sub-items R2, R5, R9 and R10) under Section 6, Consideration of Items Requiring Discussion (Regular Agenda) as R2, R3, R4 and R5, respectively. Moved by Councillor Mrakas Seconded by Councillor Pirri That the following Consent Agenda items, C1 (with the exception of sub-items R2, R5, R9 and R10), to C6 inclusive be approved: C1. General Committee Meeting Report of April 17, 2018 1. That the General Committee meeting report of April 17, 2018, be received and the following recommendations carried by the Committee approved: (C1) CS18-007 – Amendments to the Municipal Elections Act, 1996 1. That Report No. CS18-007 be received for information. Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 2 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 3 of 14 (C3) PDS18-039 – Application for Removal of Holding (H) Provision, Zoning By-law Amendment, Coppervalley Estates Inc., 1756 St. John’s Sideroad East, File Number: ZBA-2015-09 (H), Related File Number: SUB-2015-05 1. That Report No. PDS18-039 be received; and 2. That the Application to remove the Holding (H) Provision (ZBA- 2015-09(H)) from Lots 1 to 22 and 24 to 109 inclusive on the approved Draft Plan of Subdivision (SUB-2015-05) be approved; and 3. That the removal of the holding provision by-law, be presented at a future Council meeting. (C6) Audit Committee Meeting Minutes of March 27, 2018 1. That the Audit Committee meeting minutes of March 27, 2018, be received for information. (R1) OPS18-008 – 100 Vandorf Sideroad – Hallmark Lands Community Park Design 1. That Report No. OPS18-008 be referred to staff for further information. (R3) PDS18-038 – Petch House – Potential Conversion to a Wedding Chapel Use 1. That Report No. PDS18-038 be referred to staff to receive comments from the Heritage Advisory Committee regarding the future of the Petch House. (R4) CMS18-006 – Special Events Corporate Resource Review 1. That Report No. CMS18-006 be received; and 2. That the additional funding for a permanent part-time Special Events Assistant in the amount of $21,000 for the remainder of Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 3 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 4 of 14 2018, to be funded from the Council Contingency Operating Account, be approved. (R6) FS18-009 – 2018 In-Year Capital Budget 1. That Report No. FS18-009 be received; and 2. That the ten capital projects outlined in Attachment #1 be approved having a total budget of $5,978,260, to be funded from the Reserve Funds as outlined in Attachment #1. (R7) PDS18-043 – Award of Contract for Consulting Services – Design for the Reconstruction of Browning Court, Johnson Road, Holman Crescent, and Baldwin Road 1. That Report No. PDS18-043 be received; and 2. That the total approved budget for Capital Project No. 31118 be increased to $276,411, representing an increase of $96,411, to be funded from the Storm Sewer Reserve; and 3. That the Request for Proposal No. 2018-43-PDS-ENG for the provision of consulting services for the design of the reconstruction of Browning Court, Johnson Road, Holman Crescent and Baldwin Road, be awarded to Ainley & Associates Inc. in the amount of $246,934.25, excluding taxes; and 4. That the Mayor and Town Clerk be authorized to execute the necessary agreement, including any and all documents and ancillary agreements required to give effect to same. (R8) PDS18-044 – Award of Tender 2018-09-PDS-ENG – For Road Reconstruction on Kennedy Street West, Temperance Street, Ransom Street and Ransom Court 1. That Report No. PDS18-044 be received; and Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 4 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 5 of 14 2. That the total approved budget for Capital Project Numbers 31109 and 31114 be increased to $2,988,257, representing an increase of $860,991, to be funded from the Water and Road Reserves; and 3. That Tender 2018-09-PDS-ENG for road reconstruction on Kennedy Street West (from George Street to Yonge Street), Temperance Street (from Ransom Street to Kennedy Street West), Ransom Street and Ransom Court, be awarded to Direct Underground Inc. in the amount of $2,656,837, excluding taxes; and 4. That the Mayor and Town Clerk be authorized to execute the necessary agreement, including any and all ancillary agreements required to give effect to same. (R11) PDS18-041 – Award of Tender 2018-41-PDS-ENG – For Restoration of Two (2) Culverts on Yonge Street where Tannery Creek Crosses 1. That Report No. PDS18-041 be received; and 2. That Tender 2018-41-PDS-ENG for the restoration of two (2) culverts on Yonge Street where Tannery Creek crosses, be awarded to R&M Construction in the amount of $136,405.00 excluding taxes; and 3. That the favourable budget variance of $356,403.77 be returned to source; and 4. That the Mayor and Town Clerk be authorized to execute the necessary agreement, including any and all documents and ancillary agreements required to give effect to same. (R12) Accessibility Advisory Committee Meeting Minutes of March 7, 2018 1. That the Accessibility Advisory Committee meeting minutes of March 7, 2018, be received for information. Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 5 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 6 of 14 C2. Council Meeting Minutes of April 10, 2018 1. That the Council meeting minutes of April 10, 2018, be adopted as printed and circulated. C3. Council Closed Session Minutes of April 3, 2018 1. That the Council Closed Session minutes of April 3, 2018, be adopted as printed and circulated. C4. Council Closed Session Public Minutes of April 3, 2018 1. That the Council Closed Session Public minutes of April 3, 2018, be adopted as printed and circulated. C5. Council Closed Session Minutes of April 10, 2018 1. That the Council Closed Session minutes of April 10, 2018, be adopted as printed and circulated. C6. Council Closed Session Public Minutes of April 10, 2018 1. That the Council Closed Session Public minutes of April 10, 2018, be adopted as printed and circulated. Carried 6. Consideration of Items Requiring Discussion (Regular Agenda) R1. Memorandum from Councillor Pirri Re: Federation of Canadian Municipalities (FCM) Report to Council, Meeting of the Board of Directors and Standing Committees, March 5-9, 2018 Moved by Councillor Pirri Seconded by Councillor Thom 1. That the memorandum regarding Federation of Canadian Municipalities (FCM) Report to Council, Meeting of the Board of Directors and Standing Committees, March 5-9, 2018, be received for information. Carried Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 6 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 7 of 14 R2. CS18-008 – Fence By-law Review (Formerly Item C1(R2)) Moved by Councillor Thompson Seconded by Councillor Humfryes 1. That Report No. CS18-008 be received; and 2. That a by-law to amend the Town’s Fence By-law No. 4753-05.P be enacted at a future Council meeting. Carried R3. FS18-007 – Procurement By-law Threshold Changes (Formerly Item C1(R5)) Moved by Councillor Gaertner Seconded by Councillor Humfryes 1. That Report No. FS18-007 be received; and 2. That the procurement process changes outlined in Report No. FS18-007 be approved; and 3. That the necessary updated Procurement By-law be enacted at a future Council meeting. Carried R4. FS18-015 – Information Regarding Accessing Hydro Reserve Funds (Formerly Item C1(R9)) Moved by Councillor Pirri Seconded by Councillor Humfryes 1. That Report No. FS18-015 be received; and 2. That Section 7. of By-law No. 5439-12 be removed and replaced with the following text (Option 3): “That any expenditure or allocation of monies from the principal, or earned interest portions of the Fund as specified in paragraph 5 of this Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 7 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 8 of 14 By-law, shall be made by resolution of Council, as adopted by a vote of two-thirds (2/3) or more majority of those in attendance at the time of the vote. Such vote may only take place at a regularly scheduled meeting, or one which was duly called with at least fifteen calendar days prior notice to all members of Council.”; and 3. That, as applicable, staff be directed to bring forward the necessary draft by-law for adoption to the Council meeting of April 24, 2018. Council consented to vote on the clauses of the motion separately. Moved by Councillor Pirri Seconded by Councillor Humfryes 1. That Report No. FS18-015 be received. Carried Moved by Councillor Pirri Seconded by Councillor Humfryes 2. That Section 7. of By-law No. 5439-12 be removed and replaced with the following text (Option 3): “That any expenditure or allocation of monies from the principal, or earned interest portions of the Fund as specified in paragraph 5 of this By-law, shall be made by resolution of Council, as adopted by a vote of two-thirds (2/3) or more majority of those in attendance at the time of the vote. Such vote may only take place at a regularly scheduled meeting, or one which was duly called with at least fifteen calendar days prior notice to all members of Council.” Defeated Council consented to consider the following option as a replacement to the second clause of the motion. Moved by Councillor Thom Seconded by Councillor Humfryes 2. That Section 7. of By-law No. 5439-12 be removed and replaced with the following text (Option 2): Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 8 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 9 of 14 “That any expenditure or allocation of monies from the principal, or earned interest portions of the Fund as specified in paragraph 5 of this By-law, shall be made by resolution of Council, as adopted by a vote consisting of affirmative votes cast equal to two-thirds (2/3) or more of the membership of Council.” Carried Moved by Councillor Pirri Seconded by Councillor Humfryes 3. That, as applicable, staff be directed to bring forward the necessary draft by-law for adoption to the Council meeting of April 24, 2018. Carried R5. FS18-014 – Capital Close Report as of December 31, 2017 (Formerly Item C1(R10)) Moved by Councillor Gaertner Seconded by Councillor Humfryes 1. That Report No. FS18-014 be received; and 2. That the capital project closures and capital funding adjustments outlined in Attachments #1 and #2 be approved. Carried 7. Notices of Motion None 8. Motions (a) Councillor Abel Re: Business and Community Opportunities – Niagara College – Canadian Food and Wine Institute Motion (a) was moved by Councillor Abel and not seconded; motion failed. Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 9 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 10 of 14 9. Regional Report York Region Council Highlights – March 29, 2018 Moved by Councillor Thom Seconded by Councillor Kim That the Regional Report of March 29, 2018, be received for information. Carried 10. New Business Councillor Pirri expressed concern regarding the condition of the Town of Aurora flags on Wellington Street, and requested staff to inspect the flags and replace as necessary. Councillor Kim inquired about the timeline on the Hallmark Lands community park design project, which will be reviewed by the Parks, Recreation and Cultural Services Advisory Committee, and staff provided a response. Councillor Abel sought clarification on his request to staff to provide information on the economic benefits of the Aurora Armoury and the partnership with Niagara College, and staff provided a response. Councillor Thompson expressed concern regarding the median outside the plaza located at the southeast corner of St. John’s Sideroad and Bayview Avenue, and requested information on the specifications of the project agreement during the approval of the project. Councillor Gaertner referred to a resident’s concern regarding the lack of accessible picnic tables at Town Park and accessibility concerns at the Aurora Farmers’ Market, and staff agreed to investigate the matter. Councillor Gaertner referred to residents’ concerns regarding windrow clearing, and staff noted that a summary report on the winter program, which will review windrow concerns, is forthcoming. Councillor Gaertner inquired about the status of building a washroom in Fleury Park, and staff provided clarification. Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 10 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 11 of 14 Councillor Gaertner inquired about the proposed special meeting of Council regarding the Zoning By-law and Stable Neighborhoods, and staff noted that the meeting is scheduled for May 29, 2018. Councillor Mrakas expressed various concerns regarding the ongoing construction of the retirement centre on Murray Street, and staff agreed to investigate the matter. Councillor Mrakas inquired about the report on the feasibility of a gymnasium at the Stronach Aurora Recreation Complex, and staff noted that the report will be brought to the June meeting of the Parks, Recreation and Cultural Services Advisory Committee. Councillor Mrakas inquired about the report on options to alleviate southbound congestion on Industrial Parkway North between Scanlon Court and Wellington Street East, and staff agreed to investigate. 11. Public Service Announcements Councillor Mrakas extended his appreciation to Nancy Black, Executive Director of the Aurora Sports Hall of Fame (ASHOF) who will be stepping down from her position, for her efforts during her tenure with ASHOF. Council Gaertner extended a reminder that the annual Clean-Up Day will be held on Saturday, April 28, 2018, starting at 8 a.m., including a barbecue at noon, and residents may register on the Town’s website. Councillor Thompson extended a reminder that the 2018 Run or Walk for Southlake will be held on Sunday, April 29, 2018, and he encouraged everyone to register or support Team Aurora. Councillor Abel noted that Neighborhood Network is holding its Spring Tree Planting event on Saturday, April 28, 2018, at the Vines Place. Councillor Abel noted that the Giant Indoor Garage Sale will be held at the Aurora Seniors’ Centre on Sunday, April 29, 2018, from 8:30 a.m. to 3 p.m. Councillor Abel extended wishes to Her Majesty The Queen on her 92nd birthday. Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 11 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 12 of 14 Councillor Mrakas noted that the Temple of Fame opening night reception will be held at 22 Church Street on Wednesday, April 25, 2018, at 5:30 p.m. Councillor Humfryes extended a reminder that Saturday, May 5, 2018, will be the opening day of the Aurora Farmers’ Market and Artisan Fair. She noted that the official grand opening of the Market will take place on Saturday, May 26, 2018. Councillor Humfryes relayed the compliments she received from residents on the winter operations staff for their prompt efforts in attending to resident concerns during extreme weather conditions. Councillor Thom extended wishes to the Duke and Duchess of Cambridge on the birth of their third child. Councillor Kim extended a reminder that the Movie in the SARC—Paddington 2— will be presented at the Stronach Aurora Recreation Complex on Saturday, April 28, 2018. Mayor Dawe advised that nominations for the John West Memorial “Leaders of Tomorrow” Scholarship Award are being accepted until May 1, 2018. Mayor Dawe announced that the spring and summer programs are now open for registration and information is available on the Town’s website. Mayor Dawe extended a reminder that the annual Aurora Art Show and Sale, in association with the Society of York Region Artists, will be held on Saturday, May 5 and Sunday, May 6, 2018, at Town Hall. Mayor Dawe announced that the Town will be celebrating National Youth Week from May 1 to May 7, 2018, and further information regarding the programs, events and opportunities can be found at aurora.ca/youthweek. Mayor Dawe extended a reminder that the Paws at SARC event will be held at the Stronach Aurora Recreation Complex on Saturday, May 12, 2018, from 10 a.m. to 4 p.m. Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 12 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 13 of 14 12. By-laws Moved by Councillor Thom Seconded by Councillor Humfryes That the following by-laws be enacted: (a) By-law Number 6065-18 Being a By-law to declare as surplus and sell municipal lands (95 Eric T. Smith Way). (b) By-law Number 6066-18 Being a By-law to amend Municipal Waterworks Distribution By-law Number 3305-91, as amended. (c) By-law Number 6067-18 Being a By-law to amend By-law Number 6000-17, as amended, to remove a Holding “(H)” Symbol (Coppervalley Estates Inc.). (e) By-law Number 6069-18 Being a By-law to establish a Compliance Audit Committee for compliance audit applications received during the 2018 to 2022 Term of Council. Carried Moved by Councillor Thom Seconded by Councillor Pirri That the following by-law be enacted: (d) By-law Number 6068-18 Being a By-law to govern the proceedings of Council and Committee meetings of the Town of Aurora. Carried Moved by Councillor Mrakas Seconded by Councillor Pirri That the following by-law be enacted, as amended to replace Section 7 with Option 2 of Report No. FS18-015: (f) By-law Number 6070-18 Being a By-law to amend By-law Number 5439-12, to establish the Aurora Hydro Sale Investment Reserve Fund. Carried Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 13 of 14 Council Meeting Minutes Tuesday, April 24, 2018 Page 14 of 14 13. Closed Session None 14. Confirming By-law Moved by Councillor Thom Seconded by Councillor Kim That the following confirming by-law be enacted: By-law Number 6071-18 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on April 24, 2018. Carried 15. Adjournment Moved by Councillor Kim Seconded by Councillor Gaertner That the meeting be adjourned at 8:50 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 Item C1 Page 14 of 14 Town of Aurora Council Public Planning Meeting Minutes Council Chambers, Aurora Town Hall Wednesday, April 25, 2018 Attendance Council Members Mayor Dawe in the Chair; Councillors Abel (departed 7:54 p.m.), Gaertner, Humfryes, Kim, Mrakas, and Thompson Members Absent Councillors Pirri and Thom Other Attendees Marco Ramunno, Director of Planning and Development Services, Caitlin Graup, Planner, Michael de Rond, Town Clerk, and Linda Bottos, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. 1.Approval of the Agenda Moved by Councillor Kim Seconded by Councillor Abel That the agenda as circulated by Legislative Services be approved. Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. Council Meeting Agenda Tuesday, May 8, 2018 Item C2 Page 1 of 4 Council Public Planning Meeting Minutes Wednesday, April 25, 2018 Page 2 of 4 3. Planning Applications Mayor Dawe outlined the procedures that would be followed in the conduct of the public meeting. The Town Clerk confirmed that the appropriate notice had been given in accordance with the relevant provisions of the Planning Act. 1. PDS18-048 – Applications for Draft Plan of Subdivision and Zoning By- law Amendment, Shimvest Investments Ltd., Prato Estates Inc., and Preserve Homes Corp., 323 River Ridge Boulevard Block 156, Plan 65M-4485; Block 231, Plan 65M-3971; and Block 164, Plan 65M-3946, File Numbers: SUB-2017-04 and ZBA-2017-09 Planning Staff Mr. Ramunno noted that the original submission was considered by Council at the Public Planning meeting of January 24, 2018, and the applicant has now submitted a revised proposal for consideration. Consultant Mr. Don Given, of Malone Given Parsons Ltd., presented an overview of the revised applications and additional information provided to Council, including background and context regarding ownership, proposed changes to the plan, subject site and surrounding neighbourhood densities, existing residential, conceptual buildings, and trail connections. Public Comments Aurora residents, including Amandine Boudreau, Katherine Geer, Greg Hambly, Alkesh Patel, and Jianzhong Qiao provided the following comments: • Concerns regarding: • Previously expressed concerns were not addressed respecting number of proposed homes, flow of flora and fauna, and zoning exceptions • Protection, movement and possible displacement of established wildlife • Impact, view, and fit of homes on Lots 1, 2, and 3 within community • Proposed home sizes and location, lot configuration Council Meeting Agenda Tuesday, May 8, 2018 Item C2 Page 2 of 4 Council Public Planning Meeting Minutes Wednesday, April 25, 2018 Page 3 of 4 • Wildlife access to stormwater pond • Man-made path/access may not be used by wildlife • Number of zoning exception requests • Increased traffic, noise, pollution, and debris during construction • Safety of children • Loss of green space • Decreased property value • Non-receipt of first notice of public meeting • Questions regarding: • Possibility of relocating or reconfiguring the lots to provide unobstructed access of wildlife to stormwater pond • Possibility of purchasing all or part of Lot 4 as parkland to provide wildlife access • Opportunity for compromise and communication with developer to discuss other viable options • Consideration of street design, unsafe use of roundabout, traffic control • Size of vista opening and expectations for wildlife movement across streets and walkways to access the wildlife park • Consideration of hotline or contact person to manage residents’ concerns during construction • Compensation for current residents related to loss of green space at back of property Consultant Mr. Given addressed the concerns and questions regarding the protection of wildlife in the area, parkland, zoning exceptions, and the wildlife park. Planning Staff Mr. Ramunno addressed the concerns regarding exception zones, stormwater management pond, wildlife park, vista block and access, and establishment of a construction hotline to manage the concerns of residents. Council Meeting Agenda Tuesday, May 8, 2018 Item C2 Page 3 of 4 Council Public Planning Meeting Minutes Wednesday, April 25, 2018 Page 4 of 4 Moved by Councillor Thompson Seconded by Councillor Abel 1. That Report No. PDS18-048 be received; and 2. That comments presented at the Public Planning meeting be addressed by Planning and Development Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. On a recorded vote the motion Carried Yeas: 5 Nays: 1 Voting Yeas: Councillors Humfryes, Kim, Mrakas, Thompson, and Mayor Dawe Voting Nays: Councillor Gaertner Absent: Councillors Abel, Pirri, and Thom 4. Confirming By-law Moved by Councillor Kim Seconded by Councillor Humfryes That the following confirming by-law be enacted: 6072-18 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting on April 25, 2018. Carried 5. Adjournment Moved by Councillor Thompson Seconded by Councillor Humfryes That the meeting be adjourned at 8:24 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 Item C2 Page 4 of 4 Town of Aurora Council Public Planning Meeting Minutes Council Chambers, Aurora Town Hall Wednesday, March 28, 2018 Attendance Council Members Mayor Dawe in the Chair; Councillors Gaertner, Humfryes (arrived 7:07 p.m.), Kim, Mrakas, Pirri, Thom, and Thompson Members Absent Councillor Abel Other Attendees Marco Ramunno, Director of Planning and Development Services, Caitlin Graup, Planner, Lawrence Kuk, Senior Planner, Michael de Rond, Town Clerk, and Linda Bottos, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. 1. Approval of the Agenda Moved by Councillor Mrakas Seconded by Councillor Gaertner That the agenda as circulated by Legislative Services be approved. Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. Council Meeting Agenda Tuesday, May 8, 2018 Item C3 Page 1 of 6 Council Public Planning Meeting Minutes Wednesday, March 28, 2018 Page 2 of 6 3. Planning Applications Mayor Dawe outlined the procedures that would be followed in the conduct of the public meeting. The Town Clerk confirmed that the appropriate notice had been given in accordance with the relevant provisions of the Planning Act. 1. PDS18-034 – Application for Draft Plan of Subdivision, Aurora Bayview Southeast Development Inc., Stronach South Wellington Lands, File Number: SUB-2018-01 Planning Staff Mr. Lawrence Kuk, Senior Planner, presented an overview of the application and staff report respecting the proposed Draft Plan of Subdivision, including three main components: to establish the detailed boundaries of the natural heritage system on and adjacent to the subject lands; to establish the municipal spine road network through the subject lands and connection to the surrounding existing road network; and to create ten blocks within the Draft Plan, including nine blocks of future development and one natural heritage system. Consultant Mr. Andrew Gerth, representing the Stronach Group, provided background to the project and noted that the Plan defines boundaries for future development with a goal to create the developable blocks and framework for growth across the site. Mr. Bruce Hall, of The Planning Partnership, presented an overview of the application including the evolving vision, future development framework, implementation process, future development blocks, and technical studies. Public Comments Aurora residents, including J-P Bernier, Shawn Brand, David Brisley, Klaus Wehrenberg, and Anna Wynne, provided the following comments: • Concerns regarding: • Town Trails Master Plan not mentioned in report; should be considered in overall framework prior to subdividing blocks and design; should include Council Meeting Agenda Tuesday, May 8, 2018 Item C3 Page 2 of 6 Council Public Planning Meeting Minutes Wednesday, March 28, 2018 Page 3 of 6 non-vehicular traffic network; opportunity to create off-road corridor to Eco-Park • Height of future buildings and potential obstructed view from existing homes • Development phasing and measures to minimize noise and dust pollution • Questions regarding: • Plans for existing horse farm (Adena Springs) • Plans for Stone Road crossing over water course in heritage site that is to be maintained • Plans for Bayview Avenue road improvement re increased traffic • Land division and block size • Project time frame • Existing laneway and tree removal • Potential for development of southern area of Oak Ridges Moraine Consultant Mr. Hall, along with Mr. Templar Tsang-Trinaistich of Delta Urban Inc., addressed the concerns and questions regarding the proposed integrated trail system and long-term connections to the Town’s trail network and Eco-Park, existing horse farm, Stone Road bridge crossing over water course in heritage site, increased traffic and Bayview Avenue road improvement outlook, lot fabric and block size, project phasing and time frame, removal of the house opposite Stone Road to accommodate road construction, proposed tree removal and replacement, and potential for development in the settlement area of the Oak Ridges Moraine to the south. Moved by Councillor Pirri Seconded by Councillor Kim 1. That Report No. PDS18-034 be received; and 2. That comments presented at the Public Planning meeting be addressed by Planning and Development Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. Carried Council Meeting Agenda Tuesday, May 8, 2018 Item C3 Page 3 of 6 Council Public Planning Meeting Minutes Wednesday, March 28, 2018 Page 4 of 6 2. PDS18-032 – Application for Zoning By-law Amendment, Bara Group (Aurora) Ltd., 15086, 15094, and 15106 Yonge Street, Part of Lots 1 and 2, Registered Plan 9, and Lots 51 and 52, Registered Plan 246, File Number: ZBA-2017-04 Planning Staff Ms. Caitlin Graup, Planner, presented background and an overview of the application and staff report respecting the proposal to amend the current ‘PDS1’ and ‘R7’ zones to a ‘Promenade Downtown Shoulder – Central Commercial (PDS1) – Exception Zone’ with site specific provisions to permit the development of two multi-storey, stacked townhouse buildings with a total of 59 units and associated underground parking. Staff noted that a revised site plan and perspectives have been submitted in response to some of the preliminary comments received at a previous Public Planning meeting. Consultant Mr. David Charazenko, of Stantec’s Urban Places group, noted that a revision process had taken place to address many of the comments and concerns received from Council, staff and the public at the September 2017 public meeting. Mr. Thomas Nemeskeri, of RAW Design, presented a brief overview of the revised concept including aspects of the site location, perspectives, landscape plan, floor plan, cross section, and grading. Public Comments Aurora residents, including Barry Bridgeford, Sarah Cross, Mark Denotter, and Klaus Wehrenberg, provided the following comments: • Concerns regarding: • Lack of public space along Yonge Street • Proportion of affordable units • Pedestrian mews; preference for passageway to Temperance Street • Air conditioning units and noise suppression • Questions regarding: • Driveway access and provisions for snow removal Council Meeting Agenda Tuesday, May 8, 2018 Item C3 Page 4 of 6 Council Public Planning Meeting Minutes Wednesday, March 28, 2018 Page 5 of 6 • Accessibility from parking spaces to units • Number of storeys, building height and grading • Fencing at back of property and access to parkette from rear of Temperance Street properties • Height restriction and shadowing Consultant Mr. Charazenko and Mr. Nemeskeri addressed the questions and concerns regarding building height and grade, public space, affordable units, pedestrian mews, access, snow removal, accessibility, fencing, noise mitigation, and shadowing. Main motion Moved by Councillor Gaertner Seconded by Councillor Thompson 1. That Report No. PDS18-032 be received; and 2. That comments presented at the Public Planning meeting be addressed by Planning and Development Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. Amendment Moved by Councillor Thom Seconded by Councillor Mrakas That the main motion be amended by adding the following clause: That the final site plan, architectural design and building materials reflect and complement the heritage character of Yonge Street and surrounding historic neighbourhoods. Carried Main motion as amended Moved by Councillor Gaertner Seconded by Councillor Thompson 1. That Report No. PDS18-032 be received; and Council Meeting Agenda Tuesday, May 8, 2018 Item C3 Page 5 of 6 Council Public Planning Meeting Minutes Wednesday, March 28, 2018 Page 6 of 6 2. That the final site plan, architectural design and building materials reflect and complement the heritage character of Yonge Street and surrounding historic neighbourhoods; and 3. That comments presented at the Public Planning meeting be addressed by Planning and Development Services in a comprehensive report outlining recommendations and options at a future General Committee meeting. On a recorded vote the main motion as amended Carried Yeas: 7 Nays: 1 Voting Yeas: Councillors Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe Voting Nays: Councillor Gaertner Absent: Councillor Abel 4. Confirming By-law Moved by Councillor Pirri Seconded by Councillor Kim That the following confirming by-law be enacted: 6060-18 Being a By-law to Confirm Actions by Council Resulting from a Council Public Planning Meeting on March 28, 2018. Carried 5. Adjournment Moved by Councillor Thom Seconded by Councillor Humfryes That the meeting be adjourned at 9:22 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 Item C3 Page 6 of 6 Memorandum Date: May 8, 2018 To: Members of Council From: Mayor Geoffrey Dawe Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of March 23, 2018 Recommendation That Council: Receive the correspondence for information Endorse the recommendations Provide direction 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Phone: 905-727-3123 ext. 4746 Email: mayor@aurora.ca www.aurora.ca Town of Aurora Office of the Mayor Council Meeting Agenda Tuesday, May 8, 2018 Item C4 Page 1 of 4 Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON, L3Y 4X1 E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca Announcements: The board received a number of handouts at the meeting: i)Lake Simcoe Living Magazine ii)Lake Simcoe Watershed Report Card 2018 iii)2017 Lake Simcoe Subwatershed Plans Implementation Report Presentations: a)Floods of 2017 Manager, Engineering, Tom Hogenbirk, provided a presentation regarding the 2017 flood activity in the Lake Simcoe watershed, noting that 2017 was fairly normal year with an early thaw and then the return of winter. There were some major rainfall events that saw Lake Simcoe levels somewhat elevated. He noted that by early May, the Lake Simcoe watershed had exceeded highest rainfall ever measured for same period, and June saw another major amount of rainfall. As the year went on, events became more severe, a symptom of climate change. To view this presentation, please click this link: Floods of 2017 in the Lake Simcoe Watershed b)Asset Management Planning General Manager, Corporate & Financial Services, Mark Critch, provided a presentation on the development of LSRCA’s asset management plan, noting that the 2016-2020 Strategic Plan identified this under operational excellence to quantify existing assets and guide sustainable replacement of corporate assets over the next ten years. He noted that Ontario Regulation No. 588/17 is driving change and requiring municipalities to have some components of an asset management plan in place for January 1, 2019, and while conservation authorities are not governed by this regulation, developing an asset management policy and plan is good business practice and will help provide greater certainty in long-term funding for LSRCA’s municipal partners. GM Critch explained that previously, LSRCA’s managed its assets in a more reactive way (i.e. fixing assets as they broke) and the shift to an asset management plan will allow the LSRCA to be more proactive through increased collaboration across departments, a better understanding of the condition of assets, and regular updates for the Board of Directors. He advised of a funding opportunity of up to $50,000 through the Federation of Canadian Municipalities (FCM) that, if granted, would allow for expert municipal and/or external assistance in developing levels of service and knowledge transfer in the area of building condition assessments. Among other conditions of the funding, LSRCA would be expected to contribute a minimum of 20%, which is already allocated in the proposed 2018 budget. He noted that this funding would greatly assist in improving the quality of the asset management plan and significantly accelerate the completion of the project. To view this presentation, please click this link: LSRCA's Asset Management Planning Board Meeting Highlights March 23, 2018 Council Meeting Agenda Tuesday, May 8, 2018 Item C4 Page 2 of 4 LSRCA Board of Directors Meeting Highlights – March 23, 2018 Page 2 of 3 Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON, L3Y 4X1 E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca Deputations: The Board received two deputations regarding Item No. 2, Maple Lake Estates Inc. (represented by DG Group) Permit Application and Proposed Land Transfer. Mr. Jack Gibbons spoke about the North Gwillimbury Forest and urged Board members to reject the staff report recommendations regarding the Maple Lake Estates permit application, and Ms. June Davies spoke about her lost hope in the governmental system and urged Board members to think differently and shift decision making to members of the community. Correspondence and Staff Reports: Correspondence The Board received the following pieces of correspondence: a)Town of Georgina letter of February 9, 2018 to LSRCA regarding Maple Lake Estates Development; b)LSRCA letter of February 21, 2018 to Town of Georgina in response to February 9th letter; c)Aird & Berlis (Leo Longo) letter of February 20, 2018 to LSRCA regarding Maple Lake Estates Section 28 Application; d)LSRCA letter of March 16, 2018 to Aird & Berlis (Leo Longo) in response to February 20th letter; e)Ministry of Natural Resources and Forestry letter of February 28, 2018 to LSRCA in response to LSRCA’s letter of regarding the closure of the Ontario Tree Seed Plant. f)Township of Ramara letter of February 28, 2018 to LSRCA regarding payment of 2017 levy. Maple Lake Estates Inc. (represented by DG Group) Permit Application and Proposed Land Transfer The Board approved Staff Report No. 10-18-BOD, prepared by Rob Baldwin, General Manager, Planning & Development, which sought approval on a permit application for the Maple Lake Estates development in the Town of Georgina, a file that has a long and complex planning history. The permit application was approved on the condition that the developer transfers more than double the amount of land adjacent to the development into public ownership. A letter explaining the Board’s decision was prepared for members of the public. This letter is available through this link: Open Letter regarding Maple Lake Estates Monitoring Report – 2017 Planning and Development Applications The Board received Staff Report No. 11-18-BOD, prepared by Beverley Booth, Manager, Regulations, and Charles Burgess, Manager, Planning, which provided the Board with a summary of 2017 planning and development applications. 2018 Conservation Awards Program The Board approved Staff Report No. 12-18-BOD, prepared by Kristen Yemm, Manager, Communications, which outlined LSRCA’s Annual Conservation Awards Program and recommended a date of Tuesday, October 16th to hold the Awards evening. Nominations are open now through June 15th and can be made through the following link: LSRCA Conservation Awards 2018. For more information, please contact Joanne Doyley, Communications Specialist, @ 905-895-1281 ext 298 or j.doyley@lsrca.on.ca Council Meeting Agenda Tuesday, May 8, 2018 Item C4 Page 3 of 4 LSRCA Board of Directors Meeting Highlights – March 23, 2018 Page 3 of 3 Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON, L3Y 4X1 E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca York Region Phosphorus Removal Demonstration Project Partnership: Request for Proposals – Stormwater Management Pond Retrofits The Board approved Staff Report No. 13-17-BOD, prepared by Steve Auger, Manager, Urban Restoration, which recommended that AECOM be retained to undertake the Engineering and Environmental Assessment Design, Permitting and Implementation Services for the Stormwater Management Pond Retrofits. For more information or to see the full agenda package, please click the link below for LSRCA’s Board of Directors’ webpage: LSRCA Board Meetings Council Meeting Agenda Tuesday, May 8, 2018 Item C4 Page 4 of 4 Town of Aurora General Committee Meeting Report Council Chambers, Aurora Town Hall Tuesday, May 1, 2018 Attendance Council Members Councillor Mrakas in the Chair; Councillors Abel, Gaertner, Humfryes, Kim, Pirri, Thom, Thompson, and Mayor Dawe Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Robin McDougall, Director of Community Services, Techa van Leeuwen, Director of Corporate Services, Dan Elliott, Director of Financial Services, Al Downey, Director of Operations, Marco Ramunno, Director of Planning and Development Services, Stephanie Mackenzie-Smith, Manager of Corporate Communications, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Linda Bottos, Council/Committee Secretary The Chair called the meeting to order at 7:02 p.m. General Committee consented to waive the Procedure By-law to forego a health break during the meeting. 1. Approval of the Agenda General Committee approved the agenda as circulated by Legislative Services, with the following addition: • Notice of Motion (a) Mayor Dawe; Re: Town Park Pathway Naming – Queen’s York Rangers Lane Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 1 of 8 General Committee Meeting Report Tuesday, May 1, 2018 Page 2 of 8 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 3. Presentations (a) Mike Walters, Lake Simcoe Region Conservation Authority Re: Flood Preparation Mr. Walters, Chief Administrative Officer of Lake Simcoe Region Conservation Authority (LSRCA), presented an overview of LSRCA’s response to the impacts of climate change, including mitigation and adaptation through reducing the risk of flooding and water risk management programs involving floodplain management, flood forecasting and warning, and stormwater management/urban restoration. General Committee received the presentation for information. 4. Delegations None 5. Consent Agenda Item C2 was removed from the Consent Agenda for separate discussion under Section 6, Consideration of Items Requiring Discussion (Regular Agenda), as Item R8. General Committee recommends: That the following Consent Agenda Items—C1, C3, and C4—be approved: C1. CMS18-011 – Child Care Services Agreement 1. That Report No. CMS18-011 be received; and Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 2 of 8 General Committee Meeting Report Tuesday, May 1, 2018 Page 3 of 8 2. That the Director of Community Services be authorized to execute the Child Care Services Agreement with the Regional Municipality of York, including any and all documents and ancillary agreements required to give effect to same; and 3. That the Director of Community Services be delegated authority to renew and execute the Child Care Services Agreement on an annual basis. C3. Finance Advisory Committee Meeting Minutes of March 28, 2018 1. That the Finance Advisory Committee meeting minutes of March 28, 2018, be received for information. C4. Heritage Advisory Committee Meeting Minutes of April 9, 2018 1. That the Heritage Advisory Committee meeting minutes of April 9, 2018, be received for information. Carried 6. Consideration of Items Requiring Discussion (Regular Agenda) R1. OPS18-009 – Joint Operations Centre Additional Works General Committee recommends: 1. That Report No. OPS18-009 be received; and 2. That this report satisfies the requirement for release of conditional approval for capital works at the Joint Operations Centre. Carried R2. CAO18-005 – 2018-2021 Communications and Community Engagement Strategy Ms. Stephanie Mackenzie-Smith, Manager, Corporate Communications, presented aspects of the draft 2018-2021 Communications and Community Engagement Strategy, including the mission, vision, guiding principles, research and highlights, Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 3 of 8 General Committee Meeting Report Tuesday, May 1, 2018 Page 4 of 8 demographics, community engagement and barriers to participation, objectives, and success measures. General Committee recommends: 1. That Report No. CAO18-005 be received; and 2. That the attached Town of Aurora 2018-2021 Communications and Community Engagement Strategy be endorsed. Carried R3. OPS18-005 – Naming of Parks General Committee consented to vote on each clause of the main motion as amended separately. General Committee recommends: 1. That Report No. OPS18-005 be received; and 2. That the selection of names for seven (7) Town of Aurora parks be approved as presented; and 3. That Location 4 – Mattamy Phase 4 Parkette (Forest Grove Court – New Parks in 2C Development Area Map) be reserved for a future fundraising event; and 4. That Location 1 – Brentwood (Ballymore) Parkette (Woodland Hills Boulevard – New Parks in Aurora Map) be reserved for a future fundraising event. Carried as amended R4. CMS18-013 – Aurora Historical Society – Request for Funding General Committee recommends: 1. That Report No. CMS18-013 be received; and Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 4 of 8 General Committee Meeting Report Tuesday, May 1, 2018 Page 5 of 8 2. That a grant to the Aurora Historical Society (AHS) for the storage of historical artifacts, in the amount of $2,722.84 for 2018 to be funded from the Council Contingency Operating Account, be approved. Carried R5. PDS18-047 – Award of Tender 2018-22-PDS-ENG – For Roadway Rehabilitation on Gilbert Drive, Jarvis Avenue, Archerhill Court, Westview Drive and McClellan Way General Committee recommends: 1. That Report No. PDS18-047 be received; and 2. That the total approved budget for Capital Project No. 31140 be increased to $716,592.00, representing an increase of $75,014.00 to be funded from the Roads Repair and Replacement Reserve; and 3. That Tender 2018-22-PDS-ENG, Capital Project No. 31140, for Roadway Rehabilitation on Gilbert Drive, Jarvis Avenue, Archerhill Court, Westview Drive and McClellan Way (from Bathurst Street to Spence Drive) be awarded to Forest Contractors Ltd. in the amount of $627,895.60 excluding taxes; and 4. That the Mayor and Town Clerk be authorized to execute the necessary Agreement, including any and all documents and ancillary agreements required to give effect to same. Carried R6. PDS18-051 – Award of Contract for Consulting Services – Design for the Reconstruction of Adair Drive, Bailey Crescent, Davidson Road and Harriman Road General Committee recommends: 1. That Report No. PDS18-051 be received; and 2. That the budget for Capital Project No. 31119 be increased to $217,879 with additional funding of $77,879 provided from the Storm Sewer Reserve Fund; and Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 5 of 8 General Committee Meeting Report Tuesday, May 1, 2018 Page 6 of 8 3. That the Request for Proposal No. 2018-45-PDS-ENG for the provision of consulting services for the design of the reconstruction of Adair Drive, Bailey Crescent, Davidson Road and Harriman Road be awarded to AECOM Canada Ltd. in the amount of $214,110.00, excluding taxes; and 4. That the Mayor and Town Clerk be authorized to execute the necessary agreement, including any and all documents and ancillary agreements required to give effect to same. Carried R7. Summary of Committee Recommendations Report No. 2018-05 General Committee recommends: 1. That Summary of Committee Recommendations Report No. 2018-05 be received; and 2. That the Committee recommendations contained within this report be approved. Carried R8. PDS18-036 – Brookland Avenue Reconstruction – Managing Construction Disruption and Improved Communications (Formerly Item C2) General Committee recommends: 1. That Report No. PDS18-036 be received for information. Carried 7. Notices of Motion (a) Mayor Dawe Re: Town Park Pathway Naming – Queen’s York Rangers Lane Whereas the Aurora Armoury located at the corner of Larmont Street and Mosley Street was built in 1874 as a drill shed for the Queen’s York Rangers; and Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 6 of 8 General Committee Meeting Report Tuesday, May 1, 2018 Page 7 of 8 Whereas at the time of its closure as a National Defence Facility in 2012, it was the longest-serving active Armoury in Canada; and Whereas the Aurora Armoury has been an important gathering place and community hub in our Town’s history; and Whereas the Aurora Armoury is currently undergoing renovations to become the new home of the Canadian Food and Wine Institute (Niagara College); and Whereas although the restoration of the Aurora Armoury and the attraction of a post-secondary facility has been identified as one of the priorities for the community and Council to revitalize the downtown core, it is also important to honour the valued history associated with the Aurora Armoury and the Queen’s York Rangers; 1. Now Therefore Be It Hereby Resolved That staff investigate naming the east/west pathway in Town Park, between Wells Street and Larmont Street, as “Queen’s York Rangers Lane”; and 2. Be It Further Resolved That the Aurora Armoury be given the honorary address “1 Queen’s York Rangers Lane” for historical and commemorative purposes only, and that staff arrange for an address plaque to be placed on the building reflecting the honorary address. 8. New Business Mayor Dawe advised that Victim Services of York Region is holding its annual Lip Sync Battle charity event at King Valley Golf Club on Thursday, May 10, 2018. Councillor Thompson reported that the Run or Walk for Southlake fundraising event held on Sunday, April 29, 2018, was a great success having raised almost $175,000. He extended congratulations to the Town of East Gwillimbury for raising more than $13,000 and winning the Mayor’s Challenge. Councillor Thompson also extended appreciation to those members of staff and Council who participated in the event. Councillor Mrakas inquired about whether a permit is required to display garage sale signage. Staff agreed to investigate and provide a response. Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 7 of 8 General Committee Meeting Report Tuesday, May 1, 2018 Page 8 of 8 9. Closed Session None 10. Adjournment The meeting was adjourned at 9:21 p.m. _________________________________ _________________________________ Tom Mrakas, Councillor Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 Item S1 Page 8 of 8 Motion for Which Notice Has Been Given (May 1, 2018) Mayor Geoffrey Dawe Date: May 8, 2018 To: Members of Council From: Mayor Dawe Re: Town Park Pathway Naming – Queen’s York Rangers Lane Whereas the Aurora Armoury located at the corner of Larmont Street and Mosley Street was built in 1874 as a drill shed for the Queen’s York Rangers; and Whereas at the time of its closure as a National Defence Facility in 2012, it was the longest-serving active Armoury in Canada; and Whereas the Aurora Armoury has been an important gathering place and community hub in our Town’s history; and Whereas the Aurora Armoury is currently undergoing renovations to become the new home of the Canadian Food and Wine Institute (Niagara College); and Whereas although the restoration of the Aurora Armoury and the attraction of a post- secondary facility has been identified as one of the priorities for the community and Council to revitalize the downtown core, it is also important to honour the valued history associated with the Aurora Armoury and the Queen’s York Rangers; 1. Now Therefore Be It Hereby Resolved That staff investigate naming the east/west pathway in Town Park, between Wells Street and Larmont Street, as “Queen’s York Rangers Lane”; and 2. Be It Further Resolved That the Aurora Armoury be given the honorary address “1 Queen’s York Rangers Lane” for historical and commemorative purposes only, and that staff arrange for an address plaque to be placed on the building reflecting the honorary address. Council Meeting Agenda Tuesday, May 8, 2018 Motion (a) Page 1 of 1 Memorandum Date: May 8, 2018 To: Members of Council From: Mayor Geoffrey Dawe Re: York Regional Council Highlights of April 19, 2018 Recommendation That Council: Receive the correspondence for information Endorse the recommendations Provide direction 100 John West Way Box 1000 Aurora, Ontario L4G 6J1 Phone: 905-727-3123 ext. 4746 Email: mayor@aurora.ca www.aurora.ca Town of Aurora Office of the Mayor Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 1 of 11 Friday, April 20, 2018 York Regional Council Highlights - Thursday, April 19, 2018 Tribute to Humboldt Broncos York Region Chairman Wayne Emmerson and members of York Regional Council paid tribute to the victims, the survivors and families of the recent Humboldt Broncos bus collision. Prior to Committee of the Whole on April 12, Regional Council joined Regional staff and participated in #jerseyday to observe a moment of silence. As a small measure of solidarity for the grieving families, friends and loved ones affected by this tragedy, York Region’s flags were lowered to half-mast. Laura Mirabella named Commissioner of Finance and York Regional Treasurer York Regional Council appointed Laura Mirabella as York Region’s new Commissioner of Finance and Regional Treasurer, effective June 20, 2018. Ms. Mirabella has more than 25 years of municipal, provincial and private-sector experience. She joins York Region from the City of Vaughan where she most recently held the position of Chief Financial Officer and City Treasurer. She holds a Chartered Professional Accounting designation from Chartered Professional Accountants of Ontario. Paul Freeman hired as York Region’s new Chief Planner Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 2 of 11 Paul Freeman has been hired as York Region’s new Chief Planner, effective April 12, 2018. Prior to joining York Region in 2016 as Director of Long Range Planning, Mr. Freeman held various planning and development roles at the Town of Richmond Hill. He has a Graduate Diploma in Public Administration with distinction from the University of Western Ontario and a Bachelor of Applied Arts degree from Ryerson University in urban and regional planning. Keeping seniors healthier, longer; York Region’s Seniors Strategy completes first year of implementation The Regional Municipality of York continues to support the health and well-being of the Region’s aging population while providing an affordable, accessible place to live for all residents through the completion of the first year of the York Region Seniors Strategy. Approved in 2016, numerous actions that fall within the four result areas of the strategy were completed or initiated in 2017. Highlights include: 1.Balancing the needs of seniors with all residents through new housing eligibility models that help low income residents access affordable housing options, as well as introducing a low income transit pass with eligibility based on income. By applying an ability to pay principle to these programs the Region can respond to the increase in demand for services, programs and infrastructure in a fiscally sustainable way. 2.Keeping seniors healthier, longer by investing in programs and services to help them stay in place as they age, such as participating in the Central Local Health Integration Network (CLHIN) collaborative tables that help align regional priorities for seniors with the CLHIN service priorities. As well, the Region’s Community Paramedicine Team partnered with Markham Stouffville Hospital’s Hospital to Home program that works to keep seniors out of the hospital by bringing services directly into their homes. 3.Supporting age-friendly, complete communities through appropriate and accessible options for housing, transportation and support services. Regional and municipal staff held a workshop to explore collaborative efforts to support a senior-friendly community and planning is underway with the Region and the City of Markham to support the development of the Unionville Seniors Hub. Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 3 of 11 4.Connecting seniors and caregivers to the right programs and services at the right times by ensuring they know what supports and services are available to them and who to ask for help when needed. Successful continued implementation of the strategy requires alignment, collaboration and partnership with local municipal initiatives to effectively serve and support seniors. Moving forward, the Region’s actions, advocacy and work with partners will help to ensure seniors are able to age in place for longer in the future. Updates received for $2.2 billion in capital roads projects planned over the next decade With $328 million budgeted for 2018 growth and maintenance projects, York Region will continue to build and maintain a faster and more efficient transportation network that works to enhance the traveller experience. This funding is in addition to $365 million already being invested in the rapid transit network. York Regional Council received updates on 2017 road and transit accomplishments, as well as projects planned in 2018. The 10-Year Roads and Transit Capital Program plans will balance the $2.2-billion investment between Growth and State of Good Repair. 2017 Greening Achievements report highlights benefits of green infrastructure York Regional Council received an update on the 2017 Greening Strategy report which demonstrates the value of green infrastructure such as tree planting and managing our forests. Green spaces, including trees and shrubs, play an important role in our community’s health. In 2017, York Region surpassed its targets to preserve and enhance green spaces. These achievements include: • Planting more than 85,000 trees, exceeding our target of planting 70,000 trees and shrubs • Achieving Petal Certification with six of seven Living Building Challenge petals for the Bill Fisch Forest and Stewardship Education Centre • Collaborating with Evergreen Foundation and York Region school boards on greening pilot projects and designing outdoor learning spaces • Engaging residents at more than 250 environmental outreach events Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 4 of 11 • Continued pledge as a monarch butterfly-friendly Region York Region has a canopy cover of 31 per cent. Every tree planted in York Region moves us closer to the goal of 35 per cent canopy cover by 2031. The Region will continue to work with partners and local cities and towns to protect and preserve environmental lands and increase canopy cover. York Region Fights the Bite against Vector-borne diseases The Regional Municipality of York will begin its 2018 vector-borne disease program this May to limit the impact of West Nile virus, Lyme disease and Zika virus activity throughout the Region. Vector-Borne diseases are transmitted to humans through the bite of an infected mosquito or tick. Ontario Public Health units deliver disease management strategies in accordance with the Health Protection and Promotion Act and the Ontario Public Health Standards. In 2016-2017, there were more cases of Lyme disease reported in York Region compared to previous years. This is attributed to higher temperatures, precipitation, climate change and expanded risk areas throughout the Region. Prevention is the best defense against West Nile virus, Lyme disease and Zika virus. If you plan on heading outdoors this summer, follow these tips to fight the bite: Cover up with light-coloured, long-sleeved shirts and long pants • Clean up standing water around your home where mosquitoes like to breed (flower pots, old tires, tin cans, pool covers) • Use an insect repellent containing DEET or icaridin • Check yourself and your children for ticks •Remove attached ticks as quickly as possible For more information on vector-borne diseases, contact York Region Health Connection at 1-800-361-5653 or TTY 1-866-252-9933. More information is available at york.ca/westnile and york.ca/lymedisease York Region Paramedic Services continue to deliver excellence in health care and service Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 5 of 11 York Regional Council received the 2017 Paramedic Response Time Performance Results. York Region Paramedics Services continues to deliver a high level of service to residents in the Region by meeting and exceeding approved response time targets. York Region established a response time performance plan in September 2012 in accordance with requirements under the Ambulance Act, Regulation 257/00. Paramedic response time reliability is used to gauge high levels of service delivery. York Regional Council amended the response time targets based on the patient’s condition using the Canadian Triage Acuity Scale (CTAS). CTAS is a five-level assessment tool used in hospital Emergency Departments to determine the severity of a patient’s condition. The CTAS scale is from one (resuscitation needed) to five (non-urgent). Despite higher than predicted call volumes, Paramedic Services has outperformed in all response time targets, thanks to operational efficiencies and revised operational procedures with hospitals, resulting in lessened off-load delays. Further improvements in response time performance may be realized with modernization of key provincial dispatch systems. York Region hospitals benefit from multi-year funding commitment York Region continues to help our hospitals grow and improve services to residents through its multi-year commitment to providing $342 million in funding until 2031. Annual funding amounts are adjusted for hospital performance and assessment growth, and divided among four local hospitals: Mackenzie Richmond Hill Hospital, Markham Stouffville Hospital, Southlake Regional Health Centre and Mackenzie Vaughan Hospital. 2018 funding amounts for the four hospitals include: • Mackenzie Vaughan Hospital: $6,603,922 • Markham Stouffville Hospital: $3,977,029 • Southlake Regional Health Centre: $2,098,581 • Mackenzie Richmond Hill Hospital: $1,995,852 Development activity summary 2017 Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 6 of 11 York Regional Council received a report outlining development review and approval activities for 2017. Development activity in York Region remained strong over the past five years with Official Plan Amendment approvals up 48 per cent and site plan approvals up 59 per cent. Last year, 238 development applications were submitted with Development Charges (DC’s) generating close to $380 million. This figure is up 11 per cent from the previous year. These fees are collected in accordance with Regional Bylaw No. 2010-15 are used to fund York Region’s growth-related capital construction programs. 2017 applications included: • 40 Official Plan Amendment (OPA) applications • 67 subdivision or condominium applications with conditions of approval • An additional 60 subdivision or condominium applications with clearance of residential units for registration • 70 site plan application approvals • 46 engineering approvals Overall development trends in York Region include a decrease in applications for single-detached homes (down from 50 per cent to 40 per cent) and an increase in condominium and apartment applications. Activity remains heavily concentrated in York Region’s Centres and Corridors. Development applications are forecasted to remain strong in York Region through 2018. York Region Official Plan Monitoring Report York Regional Council received the 2018 Official Plan monitoring report outlining progress made towards fulfilling the goals of the Regional Official Plan and demonstrating progress toward the creation of complete communities. Highlights include: • Sustainable Natural Environment: Over 600 hectares of land have been protected since 2009 • Healthy Communities: Since 2009 the number of Housing York units has reached 6,774 units Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 7 of 11 • Economic Vitality: The live/work ratio increased from 55.4 per cent in 2001 to 57.6 per cent in 2016 • An Urbanized Region: York Region is on track to meet 2031 population and employment forecasts • Agricultural and Rural Areas: Annual gross farm receipts increased 28 per cent from 2001 to 2016 • Servicing our Population: In addition of the opening of TTC line 1 Spadina subway extension, overall transit use is up in York Region with less reliance on the car The York Region Official Plan is part of the Region’s Vision for the future. In addition to guiding York Region’s Strategic Plan it outlines growth management policies on city building, complete communities, agriculture and rural areas as well as on infrastructure and service provisions. Speed limits reduced on several York Region Roads York Regional Council approved lowering speed limits on several Regional roads. Speed limits are monitored and reviewed regularly to balance traffic flow with safety. As the Region continues to grow, traffic flow is increasingly interrupted by various factors such as traffic volume and traffic signals that may require motorists to come to a complete stop. These factors highlight the importance of reducing travel speeds in relation to a motorist’s ability to safely stop. York Region announces partnership with the University of Toronto to prepare for the impacts of technology on transportation York Regional Council approved a multi-year partnership with the University of Toronto’s iCity Centre for Automated and Transformative Transportation Systems (iCity-CATTS) as part of a coordinated action plan to prepare The Regional Municipality of York for the impacts of technology on transportation. This study also supports the work the Region already initiated to prepare for changes in transportation technology as well as initiatives in the approved 2016 Transportation Master Plan. The University of Toronto is the first to study how ‘smart’ transportation technologies such as automated vehicles and e-sharing will affect people’s transportation choices, how businesses provide transportation as a service, and how cities should plan for those changes to achieve the best results for society. Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 8 of 11 Helping communities stay safe and healthy worldwide through the donation of decommissioned ambulances York Regional Council approved the donation of one decommissioned ambulance to Caribbean North Charities Foundation, supporting the efforts of the Princess Margaret Hospital in the Commonwealth of Dominica, providing much-needed help to those suffering from the devastation of Hurricane Maria. The donation of this decommissioned ambulance is in alignment with Council's approved donation guidelines. Donation guidelines allow for decommissioned ambulances to be given to not-for-profit, community and international humanitarian organizations that are aligned with the services supported by York Region. These organizations must adhere to general guidelines outlined within the Community Investment Strategy, not be affiliated with political or religious organizations and support the Human Rights Code. Previously, donation guidelines were set to allow for a maximum of 25 per cent of decommissioned surplus vehicles to be donated in a calendar year as long as the value of the vehicles is not more than $25,000. Regional Council approved updating the donation guidelines to allow for up to two ambulance donations per year and to review the previous 12 months' requests to allow for a broader range of consideration. The updated donation guidelines allow York Region to assist more not-for-profit, community and international humanitarian organizations and ultimately more people. York Region celebrates National Paramedic Services Week York Region paramedics play an integral role in our community, keeping residents safe and acting as one of the first healthcare professional individuals encounter when receiving emergent care. In recognition of their contributions and to increase awareness of the invaluable role they play in the overall health and well-being of the community, York Regional Council and the Regional Municipality of York celebrates National Paramedic Services Week May 27 to June 2, 2018. Paramedic Services Week celebrates passion, expertise and dedication of paramedics, emergency medical dispatchers and all of those people who support them. The annual event also raises awareness of safety issues, injury prevention and what to do in the event of an emergency. Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 9 of 11 This year’s theme, “Paramedics: Health. Community. You”, support’s York Region’s priority of creating safe, healthy communities for all residents and recognizes the role paramedics play within the community. During National Paramedic Services Week, York Region will participate in various events to allow the public to interact with paramedics through demonstrations, tours and education sessions as well as celebrate the success of our brave front-line responders. National Public Works Week: May 20 to 26, 2018 York Region’s Public Works employees help to educate the public on the importance of public works to their daily lives: planning, building, managing and operating at the heart of their local communities to improve everyday quality of life. To recognize their contributions and increase awareness of public works, The Regional Municipality of York celebrates May 20 to 26, as National Public Works Week. This year’s theme is “The Power of Public Works.” During the Week, York Region will host its annual Family Fun Day and charity barbecue on Saturday, May 26 from 10 a.m. to 3 p.m. at York Region’s Transit Operations, Maintenance and Storage Facility at 55 Orlando Drive in the Town of Richmond Hill. Proceeds from the charity barbecue will go to 360°kids. Next regular meeting of York Regional Council York Regional Council will meet on Thursday, May 17 at 9 a.m. in the York Region Administrative Centre Council Chambers, located at 17250 Yonge Street in the Town of Newmarket. The Regional Municipality of York consists of nine local cities and towns, and provides a variety of programs and services to 1.2 million residents and 51,000 businesses with 620,000 employees. More information about the Region’s key service areas is available at york.ca/regionalservices. - 30 - Compiled by: Barbara Schnier, Communications Specialist, The Regional Municipality of York Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 10 of 11 Phone: 1-877-464-9675, ext. 71237, Cell: 905-505-5775 Email: barbara.schnier@york.ca Facebook Twitter LinkedIn YouTube Instagram Pinterest Website Copyright © 2018 The Regional Municipality of York, All rights reserved. unsubscribe from this list update subscription preferences Council Meeting Agenda Tuesday, May 8, 2018 Regional Report Page 11 of 11 The Corporation of the Town of Aurora By-law Number XXXX-18 Being a By-law to appoint Building Inspectors for The Corporation of the Town of Aurora. Whereas subsection 3(1) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended (the “Act”), states that the council of each municipality is responsible for the enforcement of the Act, except where otherwise provided by the Act; And w hereas subsection 3(2) of the Act states that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act in the areas in which the municipality has jurisdiction; And whereas the Council of the Town deems it necessary and expedient to appoint Building Inspectors for the Town for the purpose of the enforcement of the Act and the regulations thereunder; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1.The individuals identified on Schedule “A” of this By-law be and are hereby appointed as Building Inspectors. 2.The individuals identified on Schedule “B” of this By-law be and are hereby appointed as building inspectors for the purpose of Fire Protection matters, as identified in Ontario Regulation 332/12 (Building Code), as amended. 3.By-law Number 6046-18 be and is hereby repealed. Enacted by Town of Aurora Council this 8th day of May, 2018. ___________________________________ Geoffrey Dawe, Mayor ___________________________________ Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 By-law (a) Page 1 of 3 By-law Number XXXX-18 Page 2 of 3 Schedule “A” Building Inspectors Yancy Ambing Jacek Baldyga Domenic Barranca Robin Del Favero Momtahana Hossain William Jean Steve Loncar Kyle Purcell Terence Wong Council Meeting Agenda Tuesday, May 8, 2018 By-law (a) Page 2 of 3 By-law Number XXXX-18 Page 3 of 3 Schedule “B” Fire Protection John McDonald Eric Sadler Ryan Schell Shane Stein Tim Tustin Alexandra Zaykin Council Meeting Agenda Tuesday, May 8, 2018 By-law (a) Page 3 of 3 The Corporation of the Town of Aurora By-law Number XXXX-18 Being a By-law to exempt Block 26 on Plan 65M-4467 from Part-Lot Control (Country Wide Homes at Aurora Inc.). Whereas subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”), provides that the council of a local municipality may by by-law provide that the part- lot control provisions in subsection 50(5) of the Act, does not apply to the land that is within a registered plan of subdivision as is designated in the by-law; And w hereas the Council of The Corporation of the Town of Aurora deems it necessary and expedient to enact a by-law to exempt Block 26 on Plan 65M-4467 from those provisions of the Act dealing with part-lot control; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. Subsection 50(5) of the Act shall not apply to the following lands, all situated in the Town of Aurora, Regional Municipality of York: Block 26 on Plan 65M-4467. 2. A copy of this By-law shall be registered in the appropriate Land Registry Office on title to the lands set out herein. 3. This By-law shall come into full force and effect upon final passage hereof, shall remain in force and effect for a period of two (2) years from the date of its passing, and shall expire on the 8th day of May, 2020. Enacted by Town of Aurora Council this 8th day of May, 2018. ___________________________________ Geoffrey Dawe, Mayor ___________________________________ Michael De Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 By-law (b) Page 1 of 1 By-law Number XXXX-18 Page 1 The Corporation of the Town of Aurora By-law Number XXXX-18 Being a By-law to define the Procurement policies and procedures for The Corporation of the Town of Aurora. Whereas paragraph 3 of subsection 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a municipality shall adopt and maintain policies with respect to its Procurement of goods and services; And whereas on July 11, 2017, The Corporation of the Town of Aurora (the “Town”) passed a by-law regarding its Procurement of goods and services, being By-law Number 5997-17; And whereas it is deemed necessary to adopt a policy by by-law with respect to the Town’s Procurement of goods and services to replace By-law Number 5997-17; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: Table of Contents Part 1: Principles, Definitions, Application, and Authority ........................................3 1. Purposes, Goals, and Objectives of this By-law ..................................................3 2. Procurement Principles and Practices .................................................................3 3. Definitions of this By-law .......................................................................................4 4. Application ............................................................................................................11 5. Responsibilities ....................................................................................................12 6. Authority................................................................................................................13 7. Restrictions and Exceptions ...............................................................................14 Part 2: Procurement Approval and Methods ............................................................16 8. Prescribed Council Approval ..............................................................................16 9. Bid Review Committee (BRC) and Bid Irregularities .........................................16 10. Procurement Process...........................................................................................17 11. Pre-Qualification ...................................................................................................18 12. Standard Procurement Methods .........................................................................19 13. Alternative Procurement Methods ......................................................................22 Part 3: Post-Award Requirements and Performance ...............................................28 14. Contract Execution ...............................................................................................28 15. Contractor Performance ......................................................................................28 16. Contract Termination ...........................................................................................29 Part 4: Specific Bid and Procurement Issues ...........................................................29 17. Contingencies and Scope Changes ....................................................................29 18. Cancellation of Solicitation ..................................................................................29 19. Access to Information ..........................................................................................30 Part 5: Personal Property ...........................................................................................30 20. Disposal of Personal Property ............................................................................30 Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 1 of 41 By-law Number XXXX-18 Page 2 Part 6: Miscellaneous Considerations and General Items.......................................31 21. Tie Bids Received .................................................................................................31 22. No Local Preference .............................................................................................32 23. Environmental Considerations ............................................................................32 24. Accessibility Considerations ...............................................................................32 25. Black-Out Period...................................................................................................33 26. Lobbying ...............................................................................................................33 27. Information Reports to Council ...........................................................................33 28. Retention of Records ...........................................................................................33 29. By-law Review .......................................................................................................33 30. Repeal, Precedence, and Transition ...................................................................33 31. Short Title ..............................................................................................................34 32. In Force..................................................................................................................34 Schedule “B”...............................................................................................................36 Schedule “C”...............................................................................................................38 Schedule “D”...............................................................................................................40 Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 2 of 41 By-law Number XXXX-18 Page 3 Part 1: Principles, Definitions, Application, and Authority 1. Purposes, Goals, and Objectives of this By-law The purposes, goals, and objectives of this by-law, and of each of the methods of Procurement Authorized herein, are: (a) to encourage competition among Bidders, Proponents, and Contractors; (b) to ensure that Bidders, Proponents, and Contractors are accountable to the Town and the public; (c) to provide the highest level of government service at the least possible cost; (d) to ensure fairness and objectivity toward and amongst Bidders during the Procurement process; (e) to ensure openness, accountability and transparency while protecting the financial best interests of the Town; (f) to obtain the best value for the Town when procuring Goods, Services, and Construction; (g) to avoid conflicts between the interests of the Town and those of the Town’s employees and elected officials; (h) to ensure compliance with international/interprovincial trade treaties or agreements, as amended; (i) to reduce waste, harmful emissions, and substances, and to increase the development and awareness of environmentally responsible Procurement and/or other best green Procurement practices available when developing the Bid Document for Goods, Services, and Construction; and (j) to incorporate, where applicable, the requirements of the Accessibility for Ontarians with Disabilities Act, 2005, as amended (“AODA”) in Procurement activities of the Town as well as any requirements contained in other legislation (either provincial or federal) which may impact the Procurement activities of the Town. 2. Procurement Principles and Practices Procurement affects and is affected by the public sector organization as a whole, and the community it serves, whether at the local, provincial, or national level. Therefore, the Town has adopted the Public Procurement Principles and Practices, as follows: Accountability: Taking ownership and being responsible to stakeholders for the Town’s actions. This value is essential to preserve the public trust and protect the public interest. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 3 of 41 By-law Number XXXX-18 Page 4 Ethics: Acting in a manner true to the values listed herein. Acting ethically is essential to preserve the public’s trust. Impartiality: Unbiased decision-making and action. This value is essential to ensure fairness for the public good. Professionalism: Upholding high standards of job performance and ethical behavior. This value is essential to balance diverse public interests. Service: Obligation to assist stakeholders. This value is essential to support the public good. Transparency: Easily accessible and understandable policies and processes. This value is essential to demonstrate responsible use of public funds. 3. Definitions of this By-law 3.1 In this by-law, the following words have the following meanings: (a)“Authority” or “Authorized”means the legal right to conduct the tasks outlined in this by-law as may be directed by Council and/or delegated to the CAO or a Department Head pursuant to this by-law or by resolution of Council. Authorized Purchases are those that have prior approval of Council either through resolution or through the Department or capital budget, and which have been procured in accordance with the provisions of this by-law; (b)“Award”, “Awarded” or “Acceptance”means authorization to proceed with the Purchase for Goods, Services, or Construction from a selected Bidder (c)“Bid”means a Tender, Proposal, or Quotation submitted in response to a Solicitation from the Town; (d)“Bid Bond”means a monetary or financial Bond by which a third party (the surety) accepts liability and guarantees that: (i) the Bidder will not withdraw the Bid, (ii) the Bidder will furnish other Bonds as required, and (iii) if the contract is Awarded to the bonded (insured) Bidder, the Bidder will accept the Contract as Bid, or else the surety will pay a specific amount; (e)“Bid Deposit”means a sum of money, a negotiable instrument, a cheque, another acceptable cash alternative (such as an irrevocable Letter of Credit), or a guarantee that the Bidder will enter into a Contract with the Town if the Bid is accepted. The form and type of Bid Deposit will be specified in the Bid Document; (f)“Bid Document”means the Town’s Solicitation document which may be in the form of an Informal Request for Quotation (IRFQ) , Request for Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 4 of 41 By-law Number XXXX-18 Page 5 Quotation (RFQ), Request for Tender (RFT), Request for Proposal (RFP), Request for Pre-Qualification (RFPQ), or Sale; (g)“Bid Review Committee” or “BRC” means a committee constituted to review Irregularities and other issues pertaining to Bids as required; (h)“Bidder”means the individual or legal entity submitting a Bid. For clarity, in this by-law only, the word “Bidder” shall also include “Proponent”, “Respondent” and “Offeror”. The definition shall also include any principal, director, or officer of that Bidder bidding directly for Town Contracts or indirectly through another legal entity; (i)“Bidding System” means the Town’s online web-based solution for issuing Solicitations and/or receiving online Bid submissions and posting Bid results; (j)“Blackout Period”means the period of time from the posting of the Bid by the Town up to and including the date the Award is made; (k)“Bond”means a form of financial protection against damages; a binding agreement executed by a Contractor/Bidder and a third party (surety) to guarantee the performance of certain obligations or duties to the Town; (l)“CAO”means the Chief Administrative Officer of the Town, or his/her designate; (m)“Chief Building Official”or “CBO” means the Chief Building Official of the Town, or his/her designate; (n)“Compliant Bidder”means a Bidder whose Bid does not vary from the specifications and terms set out in the Bid Document, including meeting all mandatory requirements set out therein; (o)“Conflict of Interest”means a situation where a personal or business interest of a Council member, officer, or employee of the Town may be in conflict with the best interests of the Town, and includes a situation where: (i) a Council member, officer, or employee of the Town (or a family member thereof) may receive a direct or indirect pecuniary personal gain, benefit, advantage or privilege, from any individual or business (or any person related to such business) that wishes to provide or provides Goods, Services, or Construction to the Town; or (ii) a Council member, officer, or employee of the Town (or a family member thereof) that has a direct or indirect pecuniary interest in any business that wishes to provide or provides Goods, Services or Construction to the Town; (p)“Construction”means the process of utilizing labour to build, alter, repair, improve or demolish any structure, building or public improvement and includes any associated preparation, investigation, and supply of materials and equipment, but generally does not apply to routine maintenance, repair or operations of existing Real Property; Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 5 of 41 By-law Number XXXX-18 Page 6 (q)“Consulting Services”means Services of an advisory or professional nature required to support policy development, decision making , administration, or management of a business or public entity, generally provided by individuals or organizations who possess specific knowledge, technical skills or unique abilities not available in-house; (r)“Contract”means the agreement in writing governing the performance of the work which has been executed by the Town and the selected Bidder following Acceptance by the Town of the selected Bidder’s Bid. Generally, the term “Contract” shall also mean an obligation, such as an accepted offer, between competent parties upon a legal consideration to do or abstain from doing some act; (s)“Contractor”means the selected Bidder to whom the Contract is Awarded and whom is undertaking the execution of the work under the terms of the Contract. Also, an individual or business having a Contract with the Town to furnish Goods, Services, or Construction for an agreed upon price. For clarity, in this by-law only, “Contractor” shall also include “Vendor”; (t)“Co-operative Purchasing”means: (i) the action taken when two or more entities combine their requirements to obtain advantages of volume Purchases including administrative savings and other benefits; and (ii) a variety of arrangements whereby two or more public Procurement entities Purchase from the same Vendor(s) or Contractor(s) using a single Solicitation; (u)“Council”means the Council of The Corporation of the Town of Aurora; (v)“Department”means a department of the Town; (w)“Department Head”means a Director, or his/her designate, of the Town who is responsible for a Department, and shall include the CAO with respect to his/her direct responsibilities for a Department; (x) “Election Period” means the period of time in the year of a regular municipal election starting from nomination day and ending on the day that is fixed for the beginning of the next term of Council, as such days may be defined in the Municipal Elections Act, 1996, S.O. 1996, c. 32, as amended; (y)“Electronic Bidding”means a method of issuing Solicitations and/or receiving written Bids on the Bidding System where the process of issuing and/or receiving Bids online is considered appropriate and valid; (z)“Emergency Purchase”means an event or circumstance where the immediate Purchase for Goods or Services, or the entering into of a Construction Contract, is essential or necessary in accordance with subsection 13.4 of this by-law. An Emergency Purchase shall also include any other expenditure that is necessary to respond to or effectively manage any emergency of the Town or as required under the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended; Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 6 of 41 By-law Number XXXX-18 Page 7 (aa)“Evaluation Committee”means a component of the Request for Proposal process, whereby a committee of three or more staff, is established to conduct Proposal evaluations, interviews, and demonstrations, during Proposal evaluations for Goods, Services,or Construction; (bb)“Financing Lease”means a lease which allows for the provision of Goods, Services, or Construction if the lease may or will require payment by the Town of financing, interest, bonuses, premiums, or other charges or costs for the Goods, Services or Construction in compliance with: (i) O. Reg. 653/05, as amended, made under the Municipal Act, 2001, S.O. 2001, c. 25, as amended, or any successor to such regulation; and (ii) Town Administration Procedure No. 60, or any successor thereto; (cc)“Formal” means a form of response to a Solicitation or submission of a Bid that requires the response or Bid to be submitted inside of a sealed envelope or package, and may be done through Electronic Bidding; (dd)“Goods”means moveable property including: (i) the costs of installing, operating, maintaining, or manufacturing such moveable property; and (ii) raw materials, products, supplies, 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 Construction Contract; (ee)“High Value Purchase” or “HVP” means a Purchase of Goods, Services or Construction which is not included as part of an existing Contract and is not available out of the Town’s inventory. HVP’s shall be in accordance with the limits stated in Schedule “D” - Bid Thresholds of this by-law; (ff)“Informal”means a form of response to a Solicitation or submission of a Bid that does not require the response or Bid submission to be submitted inside of a sealed envelope or package, and may be done through email or Electronic Bidding; (gg)“Irregularity”means a defect in a Bid or Proposal, or a deviation between the requirements of a Solicitation and the information provided in a Bid or Proposal. Schedule “B” - Bid Irregularities of this by-law establishes the action that will be taken if a Bid Irregularity exists in relation to a Bid submitted in response to an Informal Request for Quotation (IRFQ), Request for Quotation (RFQ), Request for Tender (RFT), Request for Pre- Qualification (RFPQ), or Sale. For the purposes of this definition, an Irregularity in a Proposal submitted in response to a Request for Proposal (RFP) are specifically addressed separately under Schedule “C”-Proposal Irregularities of this by-law, which establishes the action that will be taken if a Proposal Irregularity exists; (hh)“Labour and Material Bond”means a bond that assures payments, as required to all persons supplying labour or material for the completion of work under the Contract; (ii)“Letter of Credit”means a document issued by a Canadian Schedule I or II bank authorizing the bearer to draw a specified amount from that bank or its agent; a letter or similar statement extending credit up to a Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 7 of 41 By-law Number XXXX-18 Page 8 given amount at a Canadian Schedule I or II bank for a person who has paid or guaranteed that amount to the issuing bank; (jj)“Litigation”means any formal dispute between the Town and any other party, adverse in interest, including third party and cross claims, where a legal proceeding has been commenced for an injunction, a mandatory order, a declaration, the recovery of money, or an arbitration proceeding; (kk)“Local Board”means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any statute with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; (ll)“Low Value Purchase” or “LVP”means a Purchase of Goods, Services, or Construction which is not included as part of an existing Contract and is not available out of the Town’s inventory. LVPs shall not exceed the amount stated in Schedule “D” - Bid Thresholds of this by-law; (mm)“Mid Value Purchase” or “MVP” means a Purchase of Goods, Services or Construction which is not included as part of an existing Contract and is not available out of the Town’s inventory. MVP’s shall not exceed the amount stated in Schedule “D” Bid Thresholds of this by-law; (nn)“Multi-Step Bid Call”means a method of source selection involving at least two competitive Procurement steps; (oo)“Offeror”means an individual or legal entity that makes an offer in response to a Sale of Personal Property; (pp)“Performance Security”means monetary or financial security by which a third party accepts liability and guarantees that a Bidder selected for Award of a Contract will complete the work required under the Contract; this security can take the form of a Bond, certified cheque, cash, or Letter of Credit as directed by the Bid Document. The Performance Security protects the Town from loss due to the Bidder’s inability to complete the Contract as agreed by financially securing the fulfillment of Contract requirements; (qq)“Personal Property”means tangible or intangible property, other than Real Property, and includes moveable property subject to ownership, with exchange value; (rr)“Piggyback”means a form of intergovernmental Co-operative Purchasing in which the Town can extend the pricing and terms of a Contract established by another governmental entity to enter into a similar Contract with the provider of the Goods, Service, or Construction, where it is in the best interests of the Town to do so; (ss)“Procurement”means: (i) purchasing, renting, leasing or otherwise acquiring any Goods, Services, or Construction, and includes all functions that pertain to such acquisition, including the description of requirements, preparation, Solicitation, selection, and Award of Contract and all phases Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 8 of 41 By-law Number XXXX-18 Page 9 of Contract administration; and (ii) the combined functions of purchasing, inventory control, traffic and transportation, receiving, inspection, storekeeping, salvage and disposal operations with respect to Goods, Services, and Construction; (tt)“Procurement Services Division” means the division or section of a Town Department that is responsible for the Procurement of Goods, Services, and Construction for the Town; (uu)“Procurement Manager”means the Procurement Manager for the Town, or his/her designate; (vv)“Proponent”means the individual or legal entity who submits a response to a Request for Proposal (RFP); (ww)“Proposal”means a document submitted by a Proponent in response to a Request for Proposal (RFP) to be used as the basis for negotiation or for entering into a Contract; (xx)“Purchase”means the act and function of responsibility for the Procurement for Goods, Services, or Construction; (yy)“Purchase Order”means the Town’s written order to a Contractor/Vendor formally stating all terms and conditions for the Purchase of Goods, Services, or Construction or a written Acceptance of an offer received in accordance with this by-law; (zz)“Purchasing Card” or “P-Card”means a payment method whereby employees of the Town are Authorized by the CAO and/or Department Head to deal directly with Contractors for LVPs or as otherwise specified by the Procurement Manager, using a Town credit card issued by a chartered bank or major credit card provider. The Purchasing Card is to be used in accordance with the Town’s Purchasing Card Program Policies and Procedures, as amended; (aaa)“Quotation”means a document submitted by a Bidder in response to a Request for Quotation (RFQ) or Informal Request for Quotation (IRFQ), to be used as the basis for entering into a Contract; (bbb)“Real Property” means land and its permanently affixed buildings or structures, and includes any property which is not Personal Property; (ccc)“Request for Expressions of Interest” or “RFEI”means a non-binding Procurement method whereby the Town makes a request to the marketplace for the purposes of compiling a list of individuals or legal entities who may be interested in providing Goods, Services, or Construction to the Town; (ddd)“Request for Information” or “RFI”means a non-binding Procurement method whereby the Town states its need for input from interested parties for a possible upcoming Solicitation. A Procurement practice used to obtain comments, feedback or reactions from potential Contractors prior to the issuing of a Solicitation; Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 9 of 41 By-law Number XXXX-18 Page 10 (eee)“Request for Pre-Qualification” or “RFPQ”means a request for the submission of pre-qualification Bid Documents relating to, among other information that may be requested by the Town, experience, financial strength, and personnel who may, from time to time, qualify to supply Goods, Services, or Construction to the Town, but which generally does not create any contractual obligation between the Respondent submitting the pre-qualification submission and the Town, but which may be a pre- condition to further Procurement Contracts with the Town; (fff)“Request for Proposal” or “RFP”means the document used to solicit Proposals from Proponents for Goods, Services, or Construction or as may be required in accordance with the thresholds stated in Schedule “D” - Bid Thresholds of this by-law. For further clarification, price is usually not the primary evaluation factor in these Proposals. An RFP may provide for negotiation of all terms, including price, prior to Contract Award; (ggg)“Request for Quotation” or “RFQ” and the associated Informal Request for Quotation or “IRFQ”means a request by the Town for prices for the provisions for Goods, Services, or Construction up to the threshold amount stated in Schedule “D” - Bid Thresholds of this by-law; (hhh)“Request for Tender” or “RFT”means a Request for Tenders for the provision of Goods, Services or Construction to the Town or as may be required in accordance with the thresholds stated in Schedule “D” - Bid Thresholds of this by-law; (iii)“Respondent”means the individual or legal entity submitting a response to a Request for Pre-Qualification, Request for Expressions of Interest, or Request for Information; (jjj)“Responsible Bidder”means a Bidder whose reputation, past performance, and business and financial capabilities are such that the Bidder would be deemed by the Town to be capable of satisfying the Town’s needs for a specific Contract. A Bidder, as the context requires, that is fully capable to meet all the requirements of the Solicitation or other process and subsequent Contract. Such Bidder shall possess the full capability, including financial and technical, satisfactory past performance, including a satisfactory Town’s Contractor performance evaluation (where applicable) to perform as contractually required and shall be able to fully document the ability to provide good faith performance; (kkk)“Sale”means the act of selling Town Personal Property or Real Property that is no longer needed by the Town and is designated for disposal; (lll)“Service” or “Services”means (i) the furnishing of labour, time or effort by a Contractor, which may involve the delivery or supply of products; (ii) a Contract for labour to perform a Service to meet a specific requirement; or (iii) any professional or general Service work performed which does not result in the delivery of Goods or materials, and which includes Consulting Services (mmm)“Single Source”means a method of Procurement used after soliciting and negotiating with only one Contractor where there is more than one Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 10 of 41 By-law Number XXXX-18 Page 11 potential source available for the Procurement of the Goods, Services, or Construction; (nnn)“Sole Source”means a method of Procurement used where there is only one source or Contractor able to meet the requirements of the Procurement; (ooo)“Solicitation”means an invitation for Bids or Proposals; (ppp)“Tender”means a document submitted by a Bidder in response to a Request for Tender (RFT), to be used as the basis for entering into a Contract; (qqq)“Town”means The Corporation of the Town of Aurora; (rrr)“Town Solicitor” means the solicitor of the Town or his/her designate; (sss)“Treasurer”means the Treasurer of the Town as appointed by the Council or his/her designate; (ttt)“Undertaking to Provide a Bond or Letter of Credit”means a pledge or guarantee by an insurance company, bank, corporation, entity, or individual on behalf of the Bidder through which the surety protects against default or failure of the principal to satisfy the obligations of a Contract; (uuu)“Unsolicited Bid/Proposal”means a Bid or Proposal submitted by a Bidder in the absence of a Solicitation from the Town, which may be submitted in response to a perceived need but not in response to a Solicitation; (vvv)“Vendor”means a supplier/seller of Goods, Services or Construction. 3.2 To establish the definition of any other Procurement terms not herein included, reference may be made to the latest edition of the Institute for Public Procurement (NIGP) Public Procurement Dictionary of Terms and the Purchasing Management Association of Canada (PMAC) Dictionary of Purchasing Terms. 4. Application 4.1 This by-law shall apply to all Departments of the Town. For clarity, this by-law does not apply to Purchases of Central York Fire Services, the Aurora Public Library Board or any municipal services corporation established by the Town. 4.2 No Purchase of Goods, Services, or Construction or Sale of Personal Property shall be Authorized unless it is in compliance with this by-law. 4.3 No Purchase of Goods, Services or Construction shall be Authorized unless sufficient approved budget funding is available within the Town’s operating or capital budgets, except for Purchases made in accordance with the Emergency Purchases provisions of section 13.4 of this by-law. 4.4 This by-law does not apply to the lease, use, Purchase, disposal, or Sale of Real Property or to any matter to which Town Administration Procedure No. 55- Real Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 11 of 41 By-law Number XXXX-18 Page 12 Estate Sales, Purchases, and Leases, as amended or any successor thereto, applies. 5. Responsibilities 5.1 Department Heads shall be responsible for: (a) all Procurement activity in their Department within the prescribed limits of this by-law, including recommendation of Award and preparing the necessary report to Council if required; (b) ensuring that all provisions of this by-law are complied with within their Department; (c) ensuring that all Procurement activities and decisions within their Department are Authorized by this by-law and are carried out within the financial and other limits set out in Schedule “D” - Bid Thresholds; (d) ensuring that no Procurement activity or decision in their Department is contrary to this by-law and informing the CAO, in consultation with the Procurement Manager and Town Solicitor, when serious and material non- compliance has occurred; (e) monitoring all contract expenditures and ensuring that financial limitations have been complied with; (f) ensuring that all required documentation (e.g., WSIB clearance, insurance certificate, executed Contract, Town Purchase Order) has been received prior to commencement of any work or supply; (g) ensuring that all accounts are approved and processed for payment within the times set out in a Contract (provided a Contractor has met all conditions of the applicable Contract); (h) ensuring that all Goods, Services, or Construction contracted for have been received as per the terms of the Contract; (i) ensuring that all Awards are subject to the identification and availability of sufficient approved budget funding in appropriate accounts, and that the required funding for future years of a Contract can reasonably be expected to be made available in the current or future yearly budgets based on historical spending on similar Contracts; and (j) ensuring that Contracts are monitored and documented in compliance with the Contractor performance procedures contained in this by-law to ensure that performance is in accordance with the requirements of the Contract, and notifying the Procurement Manager if action is to be taken to correct the performance of a Contractor where it falls below the standard required by the applicable Contract, including the completion of a Contractor performance report. 5.2 The Procurement Manager shall be responsible for: Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 12 of 41 By-law Number XXXX-18 Page 13 (a) providing Procurement advice and services to each Department, the CAO, and Council for the purposes of fulfilling the Procurement needs of the Town; (b) for Purchases other than Low Value Purchases and Mid Value Purchases, ensuring that all required documentation (e.g., WSIB clearance, insurance certificate, executed Contract) has been received prior to the issuance of the Purchase Order; (c) all aspects of the Solicitation process, other than Low Value Purchases and Mid Value Purchases, and ensuring compliance to the terms and conditions of Bid Documents; (d) ensuring compliance by Town staff with this by-law and reporting non- compliance to the appropriate Department Head, Manager of Human Resources, Town Solicitor, and/or CAO as deemed appropriate in the circumstances; (e) developing appropriate processes or procedures to ensure that the provisions of this by-law are met and to ensure the proper functioning of Procurement for the Town; (f) the standardization of Goods and Services where appropriate and possible, in collaboration with the Department(s); (g) participating in Co-operative Purchasing with other levels of government, municipalities, boards, agencies, commissions, or private sector entities where it is in the best interests of the Town; and (h) developing and delivering appropriate training for staff involved in the Procurement processes. 6. Authority 6.1 The CAO has the Authority to: (a) instruct Department Heads not to Award Contracts, notwithstanding their Authority to do so under this by-law, and instead to submit recommendations for Contract Award to Council for approval; in addition, the CAO may provide additional restrictions concerning Procurement where such action is considered necessary and in the best interest of the Town; (b) Award Contracts during the time that regular Council meetings are suspended, during a period of Council recess in excess of thirty (30) days, or during the Election Period, as a result of a Solicitation that normally requires Council approval, provided that a report is submitted to Council (as soon as reasonably possible) setting out the details of any Contract Awarded pursuant to this Authority; (c) Award Contracts for an Emergency Purchase, in accordance with section 13.4 of this by-law; Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 13 of 41 By-law Number XXXX-18 Page 14 (d) delegate spending, commitment, approval and Award Authorities to staff in compliance with this by-law and all applicable Town policies; and (e) Award and execute Contracts in accordance with the financial and other limits set out in Schedule “D” - Bid Thresholds. 6.2 The Department Head has the Authority to: (a) delegate its spending, commitment, approval, Award and execution of Contracts Authorities to its staff in compliance with this by-law and all applicable Town policies; and (b) recommend, Award and execute Contracts in accordance with the financial and other limits set out in Schedule “D” - Bid Thresholds. 6.3 The Procurement Manager has the Authority to: (a) Award Contracts and issue or amend Purchase Orders in compliance with this by-law as recommended by the CAO, Department Head, or those to whom such Authority has been delegated; (b) cancel, extend or amend any Procurement Solicitation as they deem appropriate, in consultation with the Department Head; (c) approve the method of the disposal of Personal Property which has been declared surplus by a Department Head; (d) proceed to the next lowest Compliant and Responsible Bidder or the next highest evaluated Compliant and Responsible Proponent for the Award of a Contract, where a Bid has been approved in accordance with this by- law, and Awarded to the selected Bidder and the selected Bidder fails to enter into a Contract, and providing the requirements remain unchanged and the new Contract is within budget. Prior to such new Award, the Procurement Manager shall obtain approval from the responsible Department Head; and (e) determine that a Bidder is not a Responsible Bidder and disqualify such Bidder from the consideration of Award, both in accordance with this by- law. 7. Restrictions and Exceptions 7.1 The acquisition methods and Purchase Order requirements described in this by- law are not required for the Purchase or payment of those items listed in Schedule “A” – Exceptions, or as otherwise listed in this by-law. For clarity, all other requirements and limitations of this by-law apply. 7.2 No Purchase, Contract or Purchase Order for Goods, Services,or Construction may be divided into two or more parts to avoid the application of the provisions of this by-law. For determining the method of Procurement as set out in Schedule “D” - Bid Thresholds, the expected total spend which includes the term and possible extension years for the same or similar Goods or Services within a Department shall be the reference for determining compliance with the financial and other limits set out in Schedule “D” – Bid Thresholds. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 14 of 41 By-law Number XXXX-18 Page 15 7.3 Where the total term of a Contract exceeds seven (7) years, approval of the proposed total term must be obtained from Council prior to the issuance of the Solicitation. For purposes of this section, the total term includes the aggregate of the base term, plus all renewal, extension and option years. 7.4 Notwithstanding section 7.3, in respect of a Contract which was executed prior to this by-law coming into effect, and such Contract is proposed for an extension in which the total term will exceed seven (7) years, approval of Council must be obtained prior to renewing or extending the Contract. For purposes of this section, the total term includes the aggregate of past and present terms, plus all renewal, extension and option years proposed. 7.5 Notwithstanding sections 7.3 and 7.4, where the annual Purchase requirement for the Department is less than the Low Value Purchase limit set out in Schedule “D” - Bid Thresholds, no limit to the duration of a Contract or Contractor relationship applies. 7.6 No Town employee or Council member, shall personally obtain any Real or Personal Property of the Town that has been declared surplus unless it is obtained through a public process. 7.7 No Town employee or Council member shall Purchase on behalf of the Town any Goods, Services or Construction, except in accordance with this by-law. 7.8 Employees of the Town that may become involved in a Procurement process shall declare any Conflict of Interest they may have to the Procurement Manager and the Department Head as soon as they become aware of such conflict, and such persons shall not participate further in the Procurement process to which the Conflict of Interest relates. 7.9 All Procurement undertaken by the Town shall be undertaken in accordance with this by-law, the Corporate Policies and Procedures of the Town,and in accordance with the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended. 7.10 The Town may only enter into a Financing Lease in accordance with the Town’s policies related thereto. 7.11 The Town may use any privilege clause contained in the Town’s Bid Documents for consideration of the Acceptance or rejection of any Bid received by the Town pursuant to this by-law. 7.12 During the consideration of Award of Contracts, or during consideration to determine whether a Bidder is a Responsible Bidder, without limiting any other provisions of this by-law, the Town may consider, among other items: previously completed Contractor evaluations, past performance, performance evaluation reports, information received in response to enquiries made by the Town of third parties, previous claims involving the Bidder or resulting from activities of the Bidder, previous Litigation matters, financial disputes and defaults on contracts. If a Bidder is determined to not be a Responsible Bidder, the Procurement Manager has the right to disqualify such a Bidder from consideration for Award. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 15 of 41 By-law Number XXXX-18 Page 16 7.13 In addition to section 7.12, where the Procurement Manager, in consultation with the relevant Department Head and the Town Solicitor, is of the opinion that an Award to a Bidder would undermine the business reputation of the Town or undermine the public’s confidence in the integrity of the Town’s Procurement process as a result of the Town having knowledge or information of such Bidder’s criminal activity, bid-rigging, anti-competitive practices, or other activities that are meant to undermine the Procurement process (whether at the Town or elsewhere), the Procurement Manager may then determine that such Bidder is not a Responsible Bidder and disqualify such Bidder from consideration for Award. Part 2: Procurement Approval and Methods 8. Prescribed Council Approval 8.1 Save and except for the circumstances in section 6 of this by-law, setting out additional and alternative Authority, the following Awards are subject to Council approval: (a) any Award having a total price to the Town that is higher than the Council- approved operating budget or capital budget for such Award, and the necessary budget adjustments cannot be made, except for Purchases made in accordance with the Emergency Purchases provisions of section 13.4 of this by-law; (b) any Contract requiring approval from the Local Planning Appeal Tribunal; (c) any Contract required by statute to be made by Council; (d) any Contract prescribed by a court order; (e) any Award where Council has requested final approval to Award; and (f) as otherwise requested to obtain approval from Council by the CAO. 9. Bid Review Committee (BRC) and Bid Irregularities 9.1 There shall be a Bid Review Committee, composed of, at a minimum, the following members of Town staff: (a) the Procurement Manager or designate; and (b) a lawyer from the Legal Services Division, or designate. Furthermore, if deemed to be required by the above members of the BRC, a representative from the Department requesting the Procurement and/or any other party deemed appropriate by the BRC, may be added to the BRC. 9.2 In the event that a Bid contains an Irregularity that cannot be resolved by the Procurement Services Division, or where there is a challenge to the Procurement process by a Bidder, the Bid at issue shall be referred to the BRC. The BRC shall review any such Bid or challenge and take the action prescribed in Schedule “B” - Bid Irregularities or Schedule “C” - Proposal Irregularities, as appropriate. The decision of the BRC shall be final. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 16 of 41 By-law Number XXXX-18 Page 17 10. Procurement Process 10.1 Where applicable, each of the Procurement methods set out in this by-law shall be undertaken in compliance with the following: (a) the scope of the Goods, Services or Construction shall be clearly and extensively defined by the Bid Document, which are detailed and not brand specific, and which allow Bidders to provide alternatives in the event an equal or better product or method is available; (b) the Bid Document shall be, to the extent possible, standardized using common forms and processes; (c) the Bid Document may set out reasonable mandatory Bidder qualifications or other requirements which are in the best interest of the Town, but which do not violate any provisions of any trade treaties to which the Town is bound; (d) subject to the methods and thresholds set out in Schedule “D” – Bid Thresholds, if applicable, the Solicitation shall be advertised using the Bidding System to ensure the most comprehensive and competitive response reasonably possible to the Solicitation. At the discretion of the Procurement Manager, additional advertising, or promotion may be undertaken for the Solicitation; (e) Contractors or potential Bidders shall not be requested to expend time, money or effort on design or in developing specifications or otherwise to help define a requirement for a Procurement beyond the normal level of Service expected from Contractors. When such Services are required: (i) the Procurement Services Division must be advised prior to any such services; (ii) the Contractor or potential Bidder will be considered a consultant to the Town and will not be permitted to make an offer for the supply of the Goods, Services or Construction, unless the CAO determines that it is in the best interests of the Town to permit such consultant to respond; (iii) a fee may be paid to such consultant; and (iv) the detailed specification shall become the property of the Town of Aurora; (f) all Bids received by the Town shall be kept together in a secure place until the closing date and time; (g) all Bids shall be evaluated using an open, fair, and transparent process as may be possible under the circumstances of a particular Solicitation; (h) for Proposals, the evaluation criteria, and evaluation rating shall be identified in the Request for Proposal document and shall be evaluated by the Evaluation Committee, based on that criteria and rating, unless Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 17 of 41 By-law Number XXXX-18 Page 18 superseded by an Addendum, using a standardized form of evaluation record; (i) all Bid Documents shall clearly set out the requirements for the price element of the Bid, specifying whether the Bid price is submitted on a unit price or subtotal or total price basis and whether it is net of any taxes; in addition, a Bid Document may include provisions for early payment discounts, premiums, financing charges, administrative costs, cost of living or other escalations, contingencies or other deductions or additions and how any contract extras shall be dealt with; (j) Bid records shall be filed and maintained in accordance with any applicable record retention by-law and/or policy of the Town, as may be amended; (k) Bids shall be Awarded based on the terms and conditions specified in the Town’s Bid Documents and in accordance with this by-law; (l) all Bidders shall, where required by this by-law, be required to comply with the Contract preparation and execution requirements of section 14 of this by-law if they are Awarded the Contract; (m) Contracts shall be monitored and documented by the Department Head in accordance with section 15 of this by-law, to ensure that performance is in accordance with the requirements of the Contract and steps shall be taken to correct the performance of a Contractor where it falls below the standard required by the Contract; (n) all Contracts, once Awarded and executed by the Town, are public documents, save and except for detailed pricing submissions (but excluding the totals as set out in the pricing document of the Bid Documents) and personal information protected under the Municipal Freedom of Information and Protection of Privacy Act. No Bidder may insert conditions to exempt their Contract from such public disclosure or accessibility; (o) Department Heads are responsible for LVP’s and MVP’s, and to ensure that prior to any Award, the selected Bidder is not in Litigation or have unresolved claims with the Town, and that the Bidder is a Responsible Bidder; (p) for Bids only (excluding Proposals) and in consultation with the relevant Department Head, prior to Award the Procurement Manager may release some or all of the Bidders who have been determined not to be the lowest Compliant Bidder, together with their securities held by the Town (including Bid Deposits, Labour and Material Bonds, and Performance Security); and (q) Awards over $50,000 require a Contract to be executed which has been prepared or reviewed by the Legal Services Division of the Town. 11. Pre-Qualification 11.1 Request for Pre-Qualification (RFPQ) Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 18 of 41 By-law Number XXXX-18 Page 19 (a) The Procurement Manager may conduct a RFPQ for the purpose of selecting qualified Bidders to respond to a subsequent Solicitation. (b) When a RFPQ is issued, a pre-qualification Bid Document shall be provided to potential Bidders setting out the criteria for pre-qualification. (c) The Town may use any information provided by a Bidder in response to a RFPQ in the evaluation of a subsequent related Bid and/or select a limited number of Bidders to be qualified to Bid on the subsequent related Solicitation. (d) Advertisement of the RFPQ shall be based on the estimated Contract value, in accordance with Schedule “D” - Bid Thresholds of this by-law. (e) The selection of Bidders following a RFPQ shall not create any contractual obligation between the Town and a pre-qualified Bidder and does not oblige the Town to issue any subsequent Solicitation. (f) Pre-qualification under a RFPQ may be a specific pre-condition to any other Procurement method utilized by the Town, in which case the Town may restrict participation in a subsequent related Solicitation to only those RFPQ Respondents who meet the requirements established in the RFPQ or the selected limited number of Bidders that are deemed to be most qualified to Bid on the subsequent related Solicitation, and choose to advertise a subsequent Solicitation to only those parties. 12. Standard Procurement Methods Unless any other section or exception of this by-law applies, the method of Procurement for Goods, Services, or Construction shall be in accordance with the methods described in this section as determined by the Procurement Manager. All Procurement methods noted in this section shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds. 12.1 Request for Expressions of Interest (RFEI) / Request for Information (RFI) (a) The Procurement Manager may conduct a RFEI or a RFI for the purpose of determining the availability of any Goods, Services or Construction, or for the purpose of developing a subsequent Solicitation or budget estimate. (b) The Solicitation for a RFEI or RFI shall be advertised in accordance with Schedule “D” – Bid Thresholds. (c) The receipt of a submission by a Respondent in response to a RFEI or a RFI does not create any contractual obligation on the part of the Town. 12.2 Low Value Purchase (LVP) (a) LVPs are to be used for the Procurement of Goods, Services, or Construction not covered by a term Contract or co-operative Contract, having an estimated total cost within the applicable threshold set out in Schedule “D” - Bid Thresholds. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 19 of 41 By-law Number XXXX-18 Page 20 (b) The Department Head may appoint individuals and assign a limit of spending Authority to make LVPs. Such Purchases are at the discretion of the Department Head, who shall ensure that they are made at fair value. (c) Competition or advertisement are not required to make a LVP, but can be made and handled by any Department or the Procurement Manager. (d) LVPs may be made without the need for a Purchase Order, and may be paid through an Authorized invoice or by a Purchasing Card if accepted by the Vendor. (e) A Contractor subject to a LVP shall be required to comply with the Contractor performance requirements set out in section 15 of this by-law. 12.3 Mid Value Purchases (MVP) (a) MVPs, through the use of an IRFQ are to be used for the Procurement of Goods, Services or Construction not covered by any existing Contract having an estimated total price within or below the applicable threshold set out in Schedule “D” – Bid Thresholds. (b) An IRFQ is to be used, and may be issued by a Department Head,or staff person with sufficient delegated financial approval Authority, on an invitational basis and/or advertised opportunity. (c) Any Irregularities in a Bid responding to a RFQ shall be dealt with in accordance with Schedule “B” - Bid Irregularities and in compliance with the procedures stated in this by-law. (d) Three (3) written Quotations in the form of the IRFQ, must be obtained prior to selecting lowest priced Compliant Bidder and Awarding a Purchase. Where three (3) Quotations are unable to be obtained, the Procurement Manager must be consulted for assistance. (e) No Purchase Order is required, however an Award letter must be issued by the Department Head to the Contractor prior to the commencement of any work or supply. (f) The three (3) written Quotations must be attached to the approved invoice for payment. (g) A Contractor subject to a MVP shall be required to comply with the contractor performance requirements set out in section 15 of this by-law. 12.4 Request for Quotation (RFQ) (a) RFQs are to be used for the Procurement of Goods, Services, or Construction having an estimated total cost within or below the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) The Solicitation for a RFQ shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified RFQ, only the selected pre-qualified Bidders shall be notified about the Solicitation. (c) Any Irregularities in a Bid responding to a RFQ shall be dealt with in accordance with Schedule “B” - Bid Irregularities and in compliance with Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 20 of 41 By-law Number XXXX-18 Page 21 the procedures stated in this by-law. 12.5 Request for Tender (RFT) (a) RFTs are to be used for any dollar value for the Procurement of Goods, Services, or Construction, and a RFT shall be used for the Procurement of Goods, Services, or Construction having an estimated total cost within the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) A RFT may be used where all of the following criteria apply: (i) two or more sources are considered capable of supplying the Goods, Services or Construction; (ii) the Goods, Services, or Construction is adequately defined to permit the evaluation of Bids against clearly stated criteria and/or specifications; and (iii) the market conditions are such that Bids can be submitted on a competitive pricing basis. (c) The Solicitation for a RFT shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified RFT, only the selected pre-qualified Bidders shall be notified about the Solicitation and be eligible to submit a Bid. (d) Any Irregularities in a Bid responding to an RFT shall be dealt with in accordance with Schedule “B” - Bid Irregularities and in compliance with the procedures stated in this by-law. 12.6 Request for Proposal (RFP) (a) RFPs are to be used for any dollar value for the Procurement of Goods, Services, or Construction, and a RFP shall be used for the Procurement of Goods, Services, or Construction having an estimated total cost within the applicable threshold set out in Schedule “D” - Bid Thresholds. (b) The goal of a RFP is to implement an effective, objective, fair, open, transparent, accountable and efficient process for obtaining unique Proposals designed to meet broad outcomes to a complex problem or need for which there is no clear or single solution, and to select a Proposal that best meets the requirements specified in the competition, based on qualitative, technical and pricing considerations. (c) A RFP may provide for negotiation of all terms, including price, prior to Award. The scope of negotiability may be restricted in a RFP. A RFP may include the provision for the negotiation of best and final offers, and may be a single or multi-step process. Any such negotiation shall be conducted by the Procurement Services Division in consultation with the Department Head. (d) A RFP may be used where any of the following criteria apply: (i) the selection of the Proponent depends more upon the Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 21 of 41 By-law Number XXXX-18 Page 22 effectiveness of the proposed solution than the price alone; (ii) it is expected that negotiation with one or more Proponents may be required with respect to any aspect of the Contract; or (iii) the precise Goods, Services, or Construction, or the specifications are not known or are not definable and it is expected that the Proponent will further define them, or for which a variety of solutions to the requirement are likely to exist. (e) The Solicitation for a RFP shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified RFP, only the selected pre-qualified Proponents shall be notified about the Solicitation. (f) Any Irregularities in a Bid responding to a RFP shall be dealt with in accordance with Schedule “C” - Proposal Irregularities and in compliance with the procedures stated in this by-law. 13. Alternative Procurement Methods 13.1 Multi-Step Bid Call (a) A Multi-Step Bid Call is a Solicitation consisting of at least two stages. The specific process being implemented will be set out in the Bid Documents and established by the Procurement Manager. Generally, it will consist of the following two steps: (i) Step 1: a request for a technical Bid is made followed by evaluations and discussion, without considering any prices, and the selection of Compliant Bidders and Responsible Bidders whose technical requirements are considered most acceptable; and (ii) Step 2: the review of sealed Bid prices from only those Bidders whose technical requirements have been rated acceptable in Step 1. (b) A Multi-Step Bid Call shall be advertised in accordance with Schedule “D” – Bid Thresholds. In the case of a pre-qualified Multi-Step Bid Call, only the selected pre-qualified Respondents shall be notified about the Solicitation. 13.2 Unsolicited Bid/Proposal (a) An Unsolicited Bid/Proposal received by the Town may be reviewed by the relevant Department Head and the Procurement Manager. (b) Any Procurement activity resulting from the receipt of an Unsolicited Bid/Proposal shall comply with all provisions of this by-law. 13.3 Negotiation (a) Negotiation may be used in conjunction with any other Procurement methods set out in this by-law for the Procurement of Goods, Services, or Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 22 of 41 By-law Number XXXX-18 Page 23 Construction, or for the Sale of Personal Property, or for the development of any Contract, when any of the following criteria apply: (i) the Goods, Services, or Construction are deemed necessary by the CAO or Department Head as a result of an Emergency Purchase which would not reasonably permit the use of any other prescribed Procurement method; (ii) due to abnormal market conditions, the Goods, Services, or Construction required are in short supply; (iii) where there is a Single Source or Sole Source of the Goods, Services, or Construction which would be acceptable, permitted under this by-law, and is cost effective; (iv) where only one Proposal/Bid is received and it exceeds the amount budgeted for the Procurement, if appropriate under the circumstances; (v) after the Request for Proposal process closed, if appropriate under the circumstances, to clarify any terms of the Proposal and any resulting Contract; (vi) with the highest evaluated Compliant and Responsible Bidder to a Request for Proposal; however, if a negotiated agreement cannot be reached, the Town may proceed to negotiate with the next highest evaluated Compliant and Responsible Bidder; (vii) where, for security or confidentiality reasons, it is in the best interest of the Town; (viii) with the highest Offeror in response to a Sale of Personal Property; or (ix) when Authorized by Council to do so. (b) The Award of any negotiated Contract shall comply with the Contract execution provisions contained in section 14 and the Contractor performance provisions contained in section 15 of this by-law. 13.4 Emergency Purchases (a) In the case of an emergency declared pursuant to the Town’s Municipal Emergency Management Program and Emergency Response Plan, or a situation or circumstance in response to which the CAO or other Authorized person convenes some or all of the members of the Municipal Emergency Control Group, but for which a formal declaration of an emergency is not made, but for which emergency intervention is approved, Purchases for the containment and managing of the emergency situation shall be Authorized as set out in such Program and Plan, and the Treasurer shall prepare the required accountability and financial reports for Council for information following the termination of the emergency. During such emergency, this by-law shall serve only as a reference for those officials in authority during such emergency, and Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 23 of 41 By-law Number XXXX-18 Page 24 otherwise is suspended for all Purchases directly or indirectly related to addressing and managing such emergency. The Procurement objective in such an emergency shall be to address the emergency as quickly and safely as possible so as to protect human life, essential municipal services, and property, while minimizing costs to the Town. All other routine Procurement activities of the Town during such emergency but unrelated to the addressing and management of the emergency remain subject to this by-law. (b) In the event of an emergency that does not fall into paragraph (a) of this section, an Emergency Purchase may be made when an event occurs or a circumstance is discovered that is determined by the Department Head or the Chief Building Official to be an imminent and significant threat to, or which has already significantly affected or threatened any of the following: (i) public health; (ii) the maintenance of essential Town services; (iii) the safety or welfare of persons or of public property; or (iv) the security of the Town’s interests; and the occurrence requires the immediate Procurement of Goods, Services, or Construction, and time does not permit for competitive Bids or obtaining independent Quotations. (c) Emergency Purchases made under paragraphs (a) and (b) above shall only be to the extent necessary to mitigate the immediate threat, risk or to temporarily contain the situation or circumstance, and restore services. Longer term projects or work for replacement of lost significant infrastructure must follow the provisions of this by-law. (d) The following process shall be conducted for any Emergency Purchases pursuant to paragraph (b) of this section: (i) Where it is estimated that the expenditure is within the Authority of the Department Head or Chief Building Official as stated in Schedule “D” - Bid Thresholds of this by-law, the Department Head or Chief Building Official shall secure any Goods, Services, or Construction required in an efficient, expeditious manner that is in the best interest of the Town. (ii) Where it is estimated that the expenditure exceeds the Authority of the Department Head or Chief Building Official as stated in Schedule “D” - Bid Thresholds of this by-law, where possible and reasonably practical in the circumstances, the approval of the Procurement Manager, followed by the approval of the CAO, shall be required. The Department Head or Chief Building Official shall secure any Goods, Services, or Construction required in an efficient, expeditious manner that is in the best interest of the Town. (e) Where the total of Emergency Purchases under paragraphs (a) and (b) above in response to a single event exceed the reporting threshold set out Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 24 of 41 By-law Number XXXX-18 Page 25 in Schedule D – Bid Thresholds, an information report shall be submitted by the Treasurer, CAO, Department Head or Chief Building Official to Council, as soon as reasonably possible, which shall include the following information: (i) a description of the circumstance; (ii) how the circumstance qualifies as an emergency under this by-law; (iii) actions taken and the reasons therefore; and (iv) the costs incurred under this section. 13.5 Sole Source Purchases (a) A Sole Source Purchase may be utilized for the Procurement of Goods, Services, or Construction without the competitive Procurement process when there is only one source that is able to meet the requirements of the Procurement, which may be due to their unique ability or skill, possession of proprietary technology, copyright, patent or other intellectual property. (b) The Procurement Manager shall require satisfactory justification from the requesting Department Head explaining the reasons for the Sole Source Purchase and how it meets the criteria for such set out in paragraph (a) above. Where the Procurement Manager is not satisfied the proposed Sole Source Purchase meets the criteria set out in paragraph (a) above, the Procurement Manager shall set out the reasons in writing for denying the Sole Source Procurement request. The Department Head, upon receiving the Procurement Manager’s written reasons, may seek a meeting with the CAO and the Procurement Manager to review the matter. (c) Sole Source Purchases shall be in compliance with Schedule “D” - Bid Thresholds of this by-law. (d) Sole Source Purchases shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds of this by-law. (e) Sole Source Purchases shall be required to comply with the Contract execution requirements of section 14 and the Contractor performance requirements of section 15 of this by-law. (f) A quarterly report of all Sole Source Purchases not requiring Council approval, excluding LVPs, shall be prepared by the Procurement Manager and reported to Council. 13.6 Single Source Purchases (a) Single Source purchasing may be conducted for the Procurementof Goods, Services, or Construction without the competitive Procurement process, when any of the following circumstances apply: (i) for reasons of standardization, warranty, function or service, such as technical qualifications; Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 25 of 41 By-law Number XXXX-18 Page 26 (ii) where compatibility with an existing product, equipment, facility or services is a paramount consideration; (iii) where a Good is Purchased for testing or trial use, or for resale; (iv) where due to a Contract termination, expiry, or other reason, a Good or Service is Purchased for a short interim period to meet immediate recurring business requirements, during which period a Procurement process is initiated for the longer term supply of such Good or Service; (v) the Town has a rental contract and an offer to buy-out the equipment or extend the rental contract may be beneficial to the Town; (vi) for matters involving security, police matters, or confidential or privileged issues where the disclosure of such matters through an open Solicitation process could reasonably be expected to compromise confidential or privileged information, interfere with the Town’s ability to maintain security or order or to protect human, animal or plant life or health, cause economic disruption, or otherwise be contrary to the public interest; (vii) a Contract is to be Awarded under a Co-operative Purchase or a Piggyback arrangement; (viii) in the absence of any Bids in response to a Solicitation for Bids made in accordance with this by-law; (ix) in an Emergency Purchase situation pursuant to section 13.4 of this by-law; or (x) notwithstanding anything in this by-law, where a Purchase is determined by Council to be fair and reasonable and is made from a non-profit corporation for the purpose of achieving Town objectives. (b) The Procurement Manager shall require satisfactory written justification from the requesting Department Head explaining the reasons for the Single Source Purchase and how it meets the criteria for such set out in (a) above. Where the Procurement Manager is not satisfied the proposed Single Source Purchase meets the criteria set out in (a) above, the Procurement Manager shall set out the reasons in writing for denying the Single Source Procurement request. The Department Head, upon receiving the Procurement Manager’s written reasons, may seek a meeting with the CAO and the Procurement Manager to review the matter. (c) Single Source Purchases shall be in compliance with Schedule “D” - Bid Thresholds of this by-law. (d) Single Source Purchases shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 26 of 41 By-law Number XXXX-18 Page 27 (e) Single Source Purchases shall be required to comply with the Contract execution requirements of section 14 and the Contractor performance requirements of section 15 of this by-law. (f) A quarterly report of all Single Source Purchases not requiring Council approval, excluding LVP’s, shall be prepared by the Procurement Manager and reported to Council. 13.7 Co-operative Purchasing and Piggyback (a) The Town may participate with other government agencies or public authorities in Co-operative Purchasing where it is in the best interests of the Town to do so. The Town is not required to adhere to the advertising requirements under this by-law and does not need to conduct its own competition when engaged in Co-operative Purchasing, unless it is the lead agency for the Procurement. The policies and procedures regarding the Solicitation and Procurement process of the government agencies or public authorities calling the Co-operative Purchasing Bid on behalf of the participants shall be the applicable policies and procedures for that particular Bid. (b) The Town may Piggyback by accepting the results of a competitive Procurement process of another government agency or public authority where the provisions of the original Solicitation allow for such Piggyback, or when the Vendor is willing to do so, and it is believed by the Procurement Manager that it is in the best interest of the Town to do so. The Town is not required to adhere to the advertising requirements under this by-law and does not need to conduct its own competition when engaged in a Piggyback Purchase. (c) Notwithstanding paragraphs (a) and (b) above, Co-operative Purchasing and Piggyback Purchases shall comply with the reporting and approval requirements set out in Schedule “D” - Bid Thresholds. 13.8 “No Cost” Procurement (a) “No Cost” Procurement occurs where the Town does not bear any cost (expense or capital expenditure). This type of Procurement activity includes revenue generating opportunities and cost pass-through to a third party for a particular project. (b) Revenue generating opportunities shall be acquired by the Town using the same Procurement methods and approval requirements according to the dollar amount thresholds in Schedule “D” – Bid Thresholds for Procurement that has a cost to the Town, which shall be determined based on an actual value (if available) or reasonable estimate of the value/expected revenue of the “No Cost” Procurement. Where the opportunity is reasonably expected to continue for more than two years, a three year estimated revenue shall be used in evaluating the thresholds in Schedule “D” – Bid Thresholds for Procurement. (c) Cost pass-through to a third party where the third party is covering less than one hundred percent (100%) of the total costs for a particular project shall be acquired by the Town using the same Procurement methods and Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 27 of 41 By-law Number XXXX-18 Page 28 approval requirements according to the dollar amount thresholds in Schedule “D” – Bid Thresholds for Procurement that has a cost to the Town, which shall be determined based on an actual value (if available) or reasonable estimate of the value/expected revenue of the “No Cost” Procurement. Full cost coverage by a third party is dealt with in Schedule “A” – Exceptions to this by-law. Part 3: Post-Award Requirements and Performance 14. Contract Execution 14.1 Prior to the commencement of the provision of Goods, Services, or Construction, the selected Bidder shall be required to: (a) execute a Contract; or (b) acquire a Purchase Order or Award letter from the Town, depending on the type and dollar amount threshold of the Procurement as set out in Schedule “D” –Bid Thresholds of this by-law. Where applicable for LVPs, Town staff may utilize P- Cards for the acquisition and payment for Goods and Services. 14.2 A selected Bidder shall be required to submit any and all such documents, certificates, and securities as a condition precedent to, and for the performance of, a Contract, at the discretion of the Procurement Manager.(For LVP’s and MVP’s, at the discretion of the Department Head.) Such items may include, without limiting the generality of the foregoing: a Bond, other security for damages in the form of a negotiable instrument, insurance certificates, a certificate of clearance from the Workplace Safety and Insurance Board (WSIB), the Contractor’s Health & Safety policy, confirmation of compliance with the AODA, and a project schedule. 15. Contractor Performance 15.1 The Department Head shall be responsible for monitoring the performance of Contractors, and may, if appropriate, conduct an interim performance evaluation. The Department Head shall document evidence related to persisting problems in performance, and advise the Contractor in writing. Such problems may include, but are not limited to failure to meet Contract specifications, performance, invoicing conditions, health and safety requirements, environmental protections, or any other Town requirements set by Contract. 15.2 Upon completion of a Contract or the supply of Goods, Services, or Construction for the Town by a Contractor, a written performance evaluation of the Contractor shall be completed by the relevant Department Head, and the evaluation shall be retained by the Procurement Services Division. The Department Head is responsible to ensure the Contractor receives a copy of its performance evaluation. A copy of the evaluation and supporting documentation may be made available to persons requesting Town references for a future Contract and also may be reviewed and may form part of the criteria when considering the Town’s future Award of Contracts. 15.3 In a case where an interim performance evaluation is done prior to the completion of a Contract or the supply of Goods, Services, or Construction, and where the interim evaluation has determined the Contractor performance to be unsatisfactory for any reason, a Department Head may request an interim evaluation meeting with a Contractor to discuss any deficiencies and to establish a time for their rectification. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 28 of 41 By-law Number XXXX-18 Page 29 15.4 A Contractor deemed, in the sole opinions of the relevant Town staff and the Procurement Manager, to have poor or unsatisfactory performance of a Contract may: (a) be refused the Award of a future Contract for a specified period of time; or (b) be placed on a probationary period for a specified period of time. A probationary period may specify additional requirements as determined by the Procurement Manager, including the requirement of additional Contract Performance Security or interim performance evaluations to ensure that the terms of a future Contract are strictly adhered to. 16. Contract Termination 16.1 With the approval of the Town Solicitor, the Department Head whose Department executed the Contract may terminate the Contract in accordance with the terms of the Contract. The CAO may terminate any Contract, including Contracts authorized by Council. The Procurement Manager shall be notified immediately of any such termination. Part 4: Specific Bid and Procurement Issues 17. Contingencies and Scope Changes 17.1 Subject to sufficient approved budget funding, where any Purchase of Goods, Services, or Construction has been Authorized under this by-law, the relevant Department Head may Authorize an increase to the Award for additional Goods, Services or Construction for unknown/unexpected conditions or circumstances affecting such work, provided that such additional costs shall not exceed twenty percent (20%) of the original Award amount, and provided that the additional funds are required to complete the specifications and work set out in the original Contract or scope of work. 17.2 Subject to sufficient approved budget funding, where any Purchase of Goods, Services or Construction has been Authorized under this by-law, in consultation with the Department Head, the CAO may Authorize an increase to the Award for additional Goods, Services or Construction for unknown/unexpected conditions or circumstances affecting such work. 17.3 Subject to sufficient approved budget funding, where any Purchase of Goods, Services or Construction has been Authorized under this by-law, in consultation with the Department Head, the CAO may Authorize an increase to the Award for additional Goods, Services or Construction to increase the scope of work deemed necessary to complete the Town’s objectives, but which work was not set out in the original Contract 18. Cancellation of Solicitation 18.1 The Procurement Manager may cancel any Solicitation where: (a) no Bids were received in response to the Solicitation or none of the received Bids were from a Compliant and Responsible Bidder; Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 29 of 41 By-law Number XXXX-18 Page 30 (b) the prices contained in all the Bids in response to the Solicitation exceed the approved funding amount for the project or Purchase, and there is a cancellation request from the Department Head who initiated the Solicitation; (c) a material change in the scope of work or specifications is required and a new Solicitation should be issued according to the Procurement Manager; (d) none of the Bids received adequately address the purpose or intent of the Solicitation or the goal or need of the Town that was to be addressed through the Solicitation; (e) the Goods, Services, or Construction to be provided by the Solicitation are no longer required by the Town; or (f) in the opinion of the Procurement Manager, the integrity of the Solicitation has been compromised or the Procurement process was materially flawed. 19. Access to Information 19.1 The disclosure of information received pursuant to any Procurement process, Solicitation, or the Award of a Contract shall be made in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, as amended. 19.2 Evaluation score sheets of individual Town staff evaluators for each Bidder or Proponent shall remain confidential. Members of Council may not be part of any Bid evaluation process. Part 5: Personal Property 20. Disposal of Personal Property 20.1 Personal Property of the Town, such as furniture, vehicles, equipment, stocks of all supplies, and other Goods and materials, which are no longer used by the Town or which have become obsolete, worn out, or incapable of being used, shall be identified as surplus by the applicable Department Head. Any disposal or Sale of such surplus items shall be in accordance with the provisions of this by-law where applicable. The terms of such disposal or Sale shall be documented. 20.2 Personal Property shall be disposed of using the following process: (a) The Department Head shall first offer surplus Personal Property to other Departments. (b) Should any Personal Property remain available after the provisions of paragraph (a) have been carried out, the Department Head shall dispose of such items by one of following methods, which method is selected by the Procurement Manager according to the potential for the highest monetary return for the Personal Property and the resources available to engage such a process: Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 30 of 41 By-law Number XXXX-18 Page 31 (i) Sale: A Sale Solicitation shall be issued and advertised on an Electronic Bidding System, daily newspaper, or through the York Purchasing Cooperative. Offers shall be received by facsimile, electronically, or by sealed Bid, as determined by the Procurement Manager; (ii) Public auction: The Procurement Manager shall arrange for the Personal Property to be sold at a public auction, either a digital auction site or a selected reputable live auction establishment. A minimum bid may or may not be set and shall be determined by the Procurement Manager with input from other Town staff as appropriate; or (iii) Sale or return/trade-in to a Vendor: Sale or trade-in of the Personal Property directly to a Vendor or Contractor in the applicable line of business. (c) Any Personal Property still available after the provisions of paragraphs (a) and (b) have been carried out shall be disposed of by one of the following methods: (i) The Procurement Manager shall notify community and/or non-profit agencies, as applicable, of the Town’s intent of disposal and negotiate such disposal with any groups or individuals that indicate interest in a manner that is in the best interest of the Town; or (ii) Any other reasonable manner, including disposal as waste, at the discretion of the Procurement Manager. (d) Where an item or a group of similar items has been declared surplus and has a value of less than two hundred dollars ($200.00), all as determined by the Procurement Manager, the Department Head responsible for such item(s) may dispose of such item(s) in a manner alternative to, and not in accordance with, the methods set out under paragraphs (a), (b), and (c), at the discretion of the applicable Department Head. 20.3 No Town staff member, Council member, or Local Board member shall personally obtain any Personal Property that has been declared surplus unless it has been obtained in accordance with any applicable provisions of this by-law. Part 6: Miscellaneous Considerations and General Items 21. Tie Bids Received 21.1 In the case of tie between two Compliant and Responsible Bidders and where multiple Awards are not possible, the Town shall determine the winning Bid from the two tied Bids by a coin toss conducted by the Procurement Manager. 21.2 In the case of a tie between three or more Compliant and Responsible Bidders and where multiple Awards are not possible, the Town shall determine the winning Bid from the group of tied Bids by a random lottery draw conducted by the Procurement Manager. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 31 of 41 By-law Number XXXX-18 Page 32 22. No Local Preference 22.1 The Town will endeavour to achieve the best value in its transactions. The Town will not be bound to Purchase Goods or Services based upon Canadian content, nor shall the Town practice local preference in Awarding Contracts, unless specifically required to do so by a higher level government body.All Procurement processes are to be conducted so as not to unduly exclude local Vendors while at the same time maintaining the duty to conduct a fair competition and adhere to the generally accepted legal principles applicable to Procurement, and all prevailing Provincial, Federal or International trade treaties or agreements to which the Town is bound. 23. Environmental Considerations 23.1 For the purposes of this section: “Environmentally Preferred” means Goods and Services that have a lesser impact on human health and the environment when compared with competing products or Services. This comparison may consider raw material acquisition, production, recycled content, manufacturing, waste management, packaging, distribution, re-use, operation, maintenance or disposal. An environmentally preferred Good or Service will meet the criteria of a recognized third party certification program, where such a specification exists for that product class. “Third Party Environmental Certification” means an independent organization that licenses and certifies products that meet environmental standards developed by that organization. The certification programs most frequently used to certify environmentally preferred products are provided in the Town’s Green Procurement Policy. 23.2 To encourage the Procurement of Environmentally Preferred Goods and Services with due regard to the preservation and enhancement of the natural environment, Bid Documents may require methods resulting in the least damage to the environment, such as those products which have a recognized Third Party Environmental Certification, where practicable and in accordance with the Town’s Green Procurement Policy. 24. Accessibility Considerations 24.1 The Town is committed to giving people with disabilities the same opportunity to access Town Goods and Services and allowing them to benefit from the same Services, in the same place and in a similar way as other customers. Pursuant to the provisions of the AODA and s. 5(1) of O. Reg. 191/11, as amended, the Town shall incorporate accessibility design, criteria, and features when procuring or acquiring Goods, Services, or facilities, except where it is not practicable to do so. Programs, Goods, Services, facilities, etc. should be accessible to persons with disabilities (visible and invisible), including (without limitation): hearing loss, vision loss, physical or mobility related impairments, temporary disabilities, learning, speech, language, cognitive, psychological, psychiatric, intellectual and developmental disabilities, allergies, and multiple chemical sensitivities. 24.2 If it is determined not to be practicable to incorporate accessibility design, criteria, and features when Purchasing Goods, Services, or facilities, the Department Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 32 of 41 By-law Number XXXX-18 Page 33 Head responsible for any such Procurement shall, upon request, provide an explanation. 25. Black-Out Period 25.1 During the Black-Out Period, any communication between Bidders and Council members, Town staff, or Town consultants relating to any Solicitation, pending Award or submitted Bids, other than to Town staff in the Procurement Services Division, or in the case of a MVP, the Department identified contact person, is prohibited. Any such communication in violation of this subsection will entitle the Procurement Manager to disqualify the offending Bidder from consideration for Award. 26. Lobbying 26.1 During the Black-Out Period, no solicitations or lobbying may be made to any Town staff member, Council member, Town consultant, or to the news media by any director, officer, principal, employee, agent, family relation, or other representative of a Bidder (including any other parties that may be involved in a business relationship with the Bidder) with respect to the merits or value of the Bidder’s Bid. Any such communication in violation of this section will entitle the Procurement Manager to disqualify the offending Bidder from consideration for Award. This section does not apply to presentations or delegations expressly requested by Town staff or by Council, whether in the Bid Documents or otherwise. This section does not apply to information provided in the context of a reference check initiated by the Procurement Services Division 27. Information Reports to Council 27.1 The Procurement Manager shall prepare quarterly, a summary information report to Council outlining all Awarded Contracts which exceed $250,000. At a minimum, such report shall include a reference number, the Town Department or Division, the Vendor name, a description of the Contract, the term of the Contract, any renewal or option provisions to the term of the Contract, and the value of the Contract Awarded. 28. Retention of Records 28.1 All documentation related to the Procurements and related processes of this by- law shall be retained in accordance with the Town’s Records Retention By-law, as amended, or its successor. 29. By-law Review 29.1 This by-law shall be monitored and evaluated for effectiveness continuously by the Procurement Manager and shall be comprehensively reviewed upon specific request by the CAO or by Council. 30. Repeal, Precedence, and Transition 30.1 By-law Number 5997-17, as amended, and all schedules thereto, is hereby repealed on the day of this by-law coming into force and effect. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 33 of 41 By-law Number XXXX-18 Page 34 30.2 This by-law shall take precedence in the case of any conflict with any other Town policies or procedures relating to Procurement. 30.3 Notwithstanding section 30.1, for the purposes of transition to this by-law, all Procurement that commenced (being the date that Bid Documents were released to the public in a Solicitation) prior to the effective date of this by-law are subject to the provisions of By-law Number 5997-17 up to and including the Award of the Contract or Purchase Order, save and except for Approval, Reporting and Award thresholds, for which the provisions of such set out in Schedule “D” – Bid Thresholds of this by-law shall apply. 31. Short Title 31.1 This by-law may be referred to as the “Procurement By-law”. 32. In Force 31.1 This by-law shall come into full force and effect on the date of final passage hereof. Enacted by Town of Aurora Council this 8th day of May, 2018. ____________________________________ Geoffrey Dawe, Mayor ____________________________________ Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 34 of 41 By-law Number XXXX-18 Page 35 Schedule 專A尉 Exceptions The Procurement and/or payment of the following items are exempted from the competitive Procurement and Purchase Order requirements of this by-law. Established corporate risk management requirements remain applicable.For payment, in lieu of a Purchase Order number on the invoice, insert the “Procurement Exception # xx”. For payment of an on-site Service, attach the WSIB and insurance documents to the invoice for payment as applicable 1. Conferences, conventions, courses and seminars 2. Magazines, books and periodicals including subscriptions thereto 3. Trade/professional association membership dues/fees, continuing education, or certification processes 4. Facilitators, program hosts or guest speakers for training, education or corporate purposes 5. Staff development, training and workshops including all related equipment resources and supplies 6. Employment expenses reimbursements to employees per the approved policies 7. Payroll, benefit premiums and related remittances 8. Petty cash replacement 9. Bank charges and brokerage fees, except the selection of the Town’s lead bank 10. Ancillary banking or financial Services 11. Debenture, debt and sinking fund payments 12. Remittances of all forms of taxes 13. Charges to and from other governmental bodies (e.g. school boards, federal and provincial ministries/bodies/agencies, Teranet, LSRCA etc.) 14. Purchase or disposition of financial investments in accordance with the Town’s Investment Policy. 15. Grants to agencies in accordance with any applicable Town policies) 16. Payments regarding Real Property (lease payments, Purchases) 17. Committee fees and honorariums 18. Postage and courier Services 19. Utility charges – including water, sewer, electricity, natural gas, telecommunication Services, internet, cable television, maintenance charges, utility relocations, utility construction, and utility acquisition 20. Town sponsored employee Purchase programs 21. Medical evaluations and similar consultations or expenses required by the Town 22. Annual government licences, and certificates, including periodic government inspection fees 23. Annual software licenses renewals or maintenance/support payments when only available from the subject software supplier 24. Claim and litigation settlement payments 25. Newspaper, social media or other media advertising space/presence, except regular “notice board” space 26. Job posting advertising – associations/journals/trade groups 27. Town logo’d promotional materials except clothing 28. Payments for employment and temporary help/employment agencies 29. Events or programs supporting non-profit organizations 30. Legal fees, expert witness/consultant fees, and other court fees/costs 31. Appraiser 32. Special forensic auditor 33. Real estate agent 34. Arbitrator, mediator, and other similar professionals 35. Suppliers and entertainers for special events and programs 36. Goods, Services or construction where one hundred percent (100%) of the total cost is being paid by or reimbursed by a third party. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 35 of 41 By-law Number XXXX-18 Page 36 Schedule 專B尉 Bid Irregularities 将 LVP and MVP For the purposes of this by-law, the following actions shall be taken regarding Bid Irregularities (as defined in this by-law). Item Description Action 1. Late Bid. Automatic rejection. 2. Bid not submitted at location specified in the Solicitation. 3. Bid submitted in other format than specified in the Solicitation. 4. Bid not submitted using required forms. 5. Bid envelope not sealed. 6. Bid not legible. 7. Bid Document not signed in ink with an original signature (if required by Solicitation) or not signed by all Bidders (if Bid is on behalf of a joint-venture). 8. Signature page not provided in the Bid (if specified and required in the Solicitation). 9. Pages requiring completion of information or specification not submitted with the Bid (if specified and required in the Solicitation). 10. Failure to submit a list of subcontractors (if required in the Bid Document). 11. Unit price in the “price schedule” which has been changed but not initialed and the unit price extension/total price is not consistent with the unit price as amended. 12. Pricing page(s) not submitted with the Bid (if specified and required in the Solicitation). 13. Bid Deposit (if requested) not submitted with the Bid. 14. Bid submitted from a Bidder that has not been pre-qualified, where pre-qualification was required in the Solicitation. 15. Bidder did not attend a mandatory site meeting (if required in the Solicitation). 16. Undertaking to Provide a Bond or Letter of Credit, or actual Bond not submitted with the Bid or not original signed copy (if requested). 17. Undertaking to Provide a Bond or Letter of Credit, or actual Bond, submitted on a form or in a format not permitted in accordance with the Bid Document. 18. Bond, Bid Bond, Undertaking to Bond, or Agreement to Bond missing: a corporate seal, proof of authority to bind bonding company, signature of Bidder, or seal and signature of surety (as applicable). 19. Incomplete Bid.Automatic rejection, unless it is stated in the Solicitation that partial Bids are acceptable, and the Bid is complete in respect of the portion of the scope of work or deliverable(s) that is Bid upon. If a unit/item price in a Bid is blank, it shall be interpreted as no charge for that item. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 36 of 41 By-law Number XXXX-18 Page 37 Item Description Action 20. Bid submitted by a Bidder (or by an affiliate, related entity, principal, officer, or director of such Bidder), who is in unresolved Litigation with the Town or is the subject of third party claims involving the Town. Possible rejection. Referred to Bid Review Committee for review, consideration, and determination. Factors to be considered will include, but are not limited to: (a) the severity, materiality, and nexus between the Litigation and the work for which the Bid is submitted; (b) where the Town has been named as plaintiff or defendant pursuant to a subrogated interest, an appropriate arrangement has been made to indemnify the Town; and (c) the Bidder’s performance under previous Contracts with the Town, the Town’s claims history with the Bidder, and an assessment of the overall risk and total price in entering into a Contract with the Bidder. 21. Alterations, additions, deletions or qualifying statements (referred to as a “variation”) made to the Bid Documents or provided with the Bid. Automatic rejection, unless in the opinion of the Bid Review Committee, such variation is considered to be immaterial to the Town. 22. Alternate and/or substitute items Bid in whole or in part that were not requested in the Solicitation. Rejection of any alternative and/or substitute items not requested by the Solicitation. 23. Bids containing minor clerical errors If in the opinion of the Procurement Manager the errors are of a minor nature and are not material to the Bid, they can be waived at the option of the Procurement Manager. Otherwise, the Bid shall be rejected. May be referred to the Bid Review Committee for final determination. 24. Strikeouts, erasures, whiteouts, or overwrites made to the Bid form, not initialed by an Authorized person. Automatic rejection, unless in the opinion of the Procurement Manager, the failure to initial is minor in nature and is not material to the determination of the Bid. Otherwise, the Bid shall be rejected. May be referred to the Bid Review Committee for final determination. 25. Mathematical errors for total price which are not consistent with the unit price or mathematical errors such as tax calculation errors. Bidders shall accept corrections to total Bid price or tax calculation that is made by the Procurement Manager. Unit prices shall always govern. 26. Unit price in the “price schedule” which has been changed but not initialed and the unit price extension/total price is consistent with the unit price as amended. Bid will be accepted unless, in the opinion of the Procurement Manager, the changes to the unit prices create ambiguity and uncertainty – in such case, the Bid shall be rejected. May be referred to the Bid Review Committee for final determination. 27. Bid Deposit (if requested) contains insufficient funds as called for in the Bid Document. Automatic rejection unless insufficient amount is de minimis ($2.00 or less). 28. Other Bid Irregularities Referred to the Bid Review Committee for review, consideration, and determination. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 37 of 41 By-law Number XXXX-18 Page 38 Schedule “C” Bid Irregularities 将 HVP Electronic Bidding For the purpose of this by-law, the following actions shall be taken regarding Bid Irregularities (as defined in this by-law). Item Description Action 1. Bid not submitted as specified in the Solicitation. Automatic rejection. 2. Bid submitted in other format than specified in the Solicitation. 3. Bid not submitted using required forms. 4. Bid not signed with a signature (if required by the Solicitation) or not signed by all parties (if Bid is on behalf of a joint-venture). 5. Signature page not provided in the Bid (if specified and required in the Solicitation). 6. Pages requiring completion of information or specification not submitted with the Bid (if specified and required in the Solicitation). 7. Failure to submit a list of subcontractors (if required in Bid Document). 8. Unit price extension/total price is not consistent with the unit price as amended. 9. Bid Deposit (if requested) not submitted with the Bid. 10. Bid submitted from a Bidder that has not been pre-qualified, where pre-qualification was required in the Solicitation. Bidder did not attend the mandatory site meeting (if required in the Solicitation). 11. Undertaking to Provide a Bond or Letter of Credit, or actual Bond, submitted on a form or in a format not permitted in accordance with the Bid Document. 12. Proposal does not address all components identified in the Bid Document. Missing component will be scored zero. If the component has been identified in the Bid Document as requiring a response for that component but no response is given, then automatic rejection. 13. Bid submitted by a Proponent (or by an affiliate, related entity, principal, officer, or director of such Proponent), who is in unresolved Litigation with the Town or is the subject of third party claims involving the Town. Possible rejection. Referred to Bid Review Committee for review, consideration, and determination. Factors to be considered will include, but are not limited to: (a) the severity, materiality, and nexus between the Litigation and the work for which the Bid is submitted; (b) where the Town has been named as plaintiff or defendant pursuant to a subrogated interest, an appropriate arrangement has been made to indemnify the Town; and (c) the Bidder’s performance under previous Contracts with the Town, the Town’s claims history with the Bidder, and an assessment of the overall risk and total cost in entering into a Contract with the Bidder. 14. Alterations, additions, deletions or qualifying statements (referred to as a “variation”) made to the Bid Documents or provided with the Bid. Automatic rejection, unless in the opinion of the Bid Review Committee, such variation is considered to be immaterial to the Town. 15. Alternate and/or substitute items Bid in whole or in part that were not requested in the Solicitation. Rejection of any alternative and/or substitute items not requested by the Solicitation. 16. Bids containing minor clerical errors.If in the opinion of the Procurement Manager the errors are of a minor nature and are not material to the Bid, they can be waived at the option of the Procurement Manager. Otherwise, the Bid shall be rejected.May be referred to the Bid Review Committee for final determination. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 38 of 41 By-law Number XXXX-18 Page 39 Item Description Action 17. Bid Deposit (if requested) contains insufficient funds as called for in the Bid Document. Automatic rejection unless insufficient amount is de minimis ($2.00 or less). 18. Other Bid Irregularities.Referred to the Bid Review Committee for review, consideration, and determination. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 39 of 41 By-law Number XXXX-18 Page 40 Schedule “D” Bid Thresholds For the purpose of this by-law, the following are the required Procurement methods, approval Authority, reporting requirements, and Contract requirements for the specified amount thresholds. Dollar Thresholds (Excluding Taxes) Method of Procurement Source of Bids (Advertising)Report To Approval/ Award Contract Type 1. Bids and Proposals Any up to $10,000 Low Value Purchase (LVP) Purchases made from the competitive marketplace where possible and practicable. Best value to be obtained. Not applicable Town staff according to approval Authority as delegated by the applicable Department Head not applicable For Consulting Services only: Up to $25,000 $10,000.01 to $25,000 Mid Value Purchase (MVP) Using an Informal Request for Quotation (IRFQ) Obtain three (3) written quotes on IRFQ form, Bidders invited, may select invitees from Bidders found on Bidding System Not applicable Award letter from Town staff according to approval Authority delegated by the applicable Department Head Award letter $25,000.01 to $1,000,000 High Value Purchase (HVP) using Request for Quotation (RFQ), Request for Tender (RFT) -or - Request for Proposal (RFP) Electronic Bid Posting and/or Advertising in such manner as directed by the Procurement Manager Not applicable Town staff according to approval Authority as delegated by the applicable Department Head Purchase Order and Contract (Contract required over $50,000 executed by the applicable Department Head) Over $1,000,000 High Value Purchase (HVP) using Request for Quotation (RFQ), Request for Tender (RFT) -or - Request for Proposal (RFP) Electronic Bid Posting and/or Advertising in such manner as directed by the Procurement Manager Not applicable Chief Administrative Officer Purchase Order and Contract (Contract executed by the CAO) 2. Emergency Purchases Up to $50,000 Not applicable Advertising not required Not applicable Department Head or CBO P-Card or Emergency Purchase Order or other document. $50,000.01 to $100,000 Not applicable Advertising not required Not applicable CAO Emergency Purchase Order Over $100,000 Not applicable Advertising not required Council as soon as reasonably possible by the CAO explaining actions taken and reasons therefore (may be after the emergency is over and after Purchase is Awarded) CAO Emergency Purchase Order and Contract (if emergency situation permits; executed by the CAO) Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 40 of 41 By-law Number XXXX-18 Page 41 Dollar Thresholds (Excluding Taxes) Method of Procurement Source of Bids (Advertising)Report To Approval/ Award Contract Type 3. Sole Source, Single Source & Piggyback $10,000.01 to $100,000.00 Sole Source, Single Source, or Piggyback Advertising not required Not applicable Procurement Manager, as recommended by Department Head Purchase Order and, if over $50,000, Contract executed by CAO Over $100,000.00 Sole Source, Single Source, or Piggyback Advertising not required Council (from the applicable Department Head or designate) Council Purchase Order and Contract (executed by the Mayor and Town Clerk as per Council direction) 4. Determination of Availability of Goods and Services Not applicable Request for Expressions of Interest (RFEI) -or - Request for Information (RFI) Advertising is required in such manner as directed by the Procurement Manager. May be followed by another Procurement method. Not applicable Not applicable Not applicable 5. Pre-Qualification and Multi-Step Bids May be used in conjunction with another Procurement method listed in Schedule “D” – Bid Thresholds Request for Pre- Qualification -or - Multi-Step Bid Call Advertising is required in such manner as directed by the Procurement Manager As specified in related Procurement method As specified in related Procurement method As specified in related Procurement method Methods of Procurement listed in this Schedule are minimum methods only in accordance with sections 11, 12, and 13 of this by-law. Requests for Tender (RFT) and Requests for Proposal (RFP) may be used for any dollar thresholds at the discretion of the Procurement Manager. Council approval to Award may also be sought at the discretion of the applicable Department Head or the CAO. All Contracts that are to be executed and required by this Schedule “D” – Bid Thresholds shall be prepared or reviewed by the Legal Services Division of the Town prior to execution. Council Meeting Agenda Tuesday, May 8, 2018 By-law (c) Page 41 of 41 The Corporation of The Town of Aurora By-law Number XXXX-18 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on May 8, 2018. The Council of the Corporation of The Town of Aurora hereby enacts as follows: 1. That the actions by Council at its Council meeting held on May 8, 2018, in respect of each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. Enacted by Town of Aurora Council this 8th day of May, 2018. ___________________________________ Geoffrey Dawe, Mayor ___________________________________ Michael de Rond, Town Clerk Council Meeting Agenda Tuesday, May 8, 2018 Confirming By-law Page 1 of 1