4.12 No Local Preference/Non-DiscriminationThe <strong>Town</strong> will endeavour to achieve Best Value in its commercial transactions. As aconsequence the <strong>Town</strong> will not practice local preference in awarding purchases. This willallow the <strong>Town</strong> to comply with the Discriminatory Business Practices Act, R.S.O. 1990, c.D-12.4.13 Conflict <strong>of</strong> InterestNo elected <strong>of</strong>ficial, appointed <strong>of</strong>ficer or employee <strong>of</strong> the <strong>Town</strong> involved in thesupply chain-related activities shall have any pecuniary interest either direct orindirect in any competitive bid or contract for the supply <strong>of</strong> goods or services to the<strong>Town</strong>, unless such pecuniary interest is disclosed by the contractor, bidder orperson submitting a quotation, as the case may be, or unless such pecuniaryinterest would be exempt under the Municipal Conflict <strong>of</strong> Interest Act.For the purposes <strong>of</strong> this section, an elected <strong>of</strong>ficial, appointed <strong>of</strong>ficer or employee<strong>of</strong> the <strong>Town</strong> involved in the supply chain-related activities has an indirect pecuniaryinterest if the person is a partner <strong>of</strong> a person or is in the employment <strong>of</strong> a person orbody that has entered into a tender, proposal, quotation or contract with the <strong>Town</strong>.For the purposes <strong>of</strong> this section, the pecuniary interest in a tender, proposal,quotation or contract <strong>of</strong> a parent or spouse or any child <strong>of</strong> an elected <strong>of</strong>ficial,appointed <strong>of</strong>ficer or employee <strong>of</strong> the <strong>Town</strong> shall, if known to the person, bedeemed to be also the pecuniary interest <strong>of</strong> the elected <strong>of</strong>ficial, appointed <strong>of</strong>ficer oremployee <strong>of</strong> the <strong>Town</strong> involved in the supply chain-related activities.All consultants (e.g.: architects, engineers, etc.) retained by <strong>Town</strong> shall discloseany potential conflict <strong>of</strong> interest to the <strong>Town</strong> prior to accepting an assignment.4.14 Lobbying RestrictionsVendors, their staff members, or anyone involved in preparing Bids shall notengage in any form <strong>of</strong> political or other lobbying whatsoever or seek to influencethe outcome <strong>of</strong> the purchasing process or subsequent Award. This restrictionextends to all <strong>of</strong> the <strong>Town</strong>’s elected <strong>of</strong>ficials, appointed <strong>of</strong>ficers or employees.The <strong>Town</strong> may reject any Bid by any vendor that engages in such lobbying, withoutfurther consideration, and may terminate that vendor’s right to continue in thepurchasing process.During a Bid Request process, all communications shall be made through<strong>Purchasing</strong> Services. No vendor or person acting on behalf <strong>of</strong> a vendor or group<strong>of</strong> vendors, shall contact any elected <strong>of</strong>ficial, appointed <strong>of</strong>ficer or employee <strong>of</strong> the<strong>Town</strong> to attempt to seek information or to influence the Award.4.15 Access to InformationThe disclosure <strong>of</strong> information received relevant to the issue <strong>of</strong> bid solicitations orthe award <strong>of</strong> contracts emanating from bid solicitations shall only be made by theappropriate <strong>of</strong>ficers in accordance with the provisions <strong>of</strong> the Municipal Freedom <strong>of</strong>Information and Protection <strong>of</strong> Privacy Act, R.S.O. 1990, as amended.All records and information pertaining to tenders, proposals and other sealed bids,which reveal a trade secret or scientific, technical, commercial, financial or otherlabour relations information, supplied in confidence implicitly or explicitly, shallremain confidential if the disclosure could reasonably be expected to:a) prejudice significantly the competitive position or interferesignificantly with the contractual or other negotiations <strong>of</strong> a person,group <strong>of</strong> persons, or organizations;THE CORPORATION OF THE TOWN OF INNISFIL Page 12 <strong>of</strong> 28POLICY CP.19-07-05
) result in similar information no longer being supplied to the <strong>Town</strong>where it is in the public interest that similar information continue to beso supplied;c) result in undue loss or gain to any person, group, committee orfinancial institution or agency; ord) result in information whose disclosure could reasonably be expectedto be injurious to the financial and other interests <strong>of</strong> the <strong>Town</strong>.4.16 Compliance and Continuous ImprovementAll individuals involved in purchasing or other supply chain-related activities must complywith this Code <strong>of</strong> Ethics and the laws <strong>of</strong> Canada and Ontario.Participate in pr<strong>of</strong>essional development programs so that one’s purchasingknowledge and performance are continuously enhancedCooperate with trade, industrial and pr<strong>of</strong>essional associations and withgovernmental and private agencies for the purpose <strong>of</strong> promoting and developingsound business methodsCounsel and cooperate with other pr<strong>of</strong>essionals and promote a spirit <strong>of</strong> unity and akeen interest in pr<strong>of</strong>essional growth among themBuyers are encouraged to participate in continuing open discussions <strong>of</strong> ethicalprinciples with their colleagues and with others.4.17 ContingenciesIn the event that a contract or solicitation makes explicit provision or allowance for thehappening <strong>of</strong> any contingency, the Director or CAO may authorize disbursement <strong>of</strong> thecontingency funds provided that the contingency funds are required to complete work setout in the original contract.4.18 Persons with DisabilitiesIn acquiring goods and services for the municipality, municipal staff shall consider andhave regard to disability accessibility issues as they may reasonable pertain to suchacquisitions <strong>of</strong> goods and services, and shall comply with the requirements <strong>of</strong> the <strong>Town</strong>’sAccessibility Plan.4.19 Green ProcurementIn acquiring goods and services for the municipality, municipal staff shall considerwhether it is feasible to incorporate environmental considerations into solicitations forgoods and services. <strong>Purchasing</strong> Staff shall keep apprised <strong>of</strong> best purchasing practicesfor responsible environmental procurement, and shall bring same to the attention <strong>of</strong>operating departments wherever the same are applicable.4.20 Legal ClaimsNo tender, proposal or quotation will be accepted from any company inclusive <strong>of</strong> itssubcontractor(s), which has a claim or has instituted a legal proceeding against the<strong>Town</strong> or against whom the <strong>Town</strong> has a claim or instituted a legal proceeding with respectto any previous contract, without prior approval by Council.4.21 CollusionCollusion will not be tolerated and bids will be rejected without further consideration ifcollusion is suspected or present. The following applies to any Call for Bid documentand shall be abided by all bidders.The Proponent warrants that their tender has not been prepared with any consultation,communication, contract, arrangement or understanding with any competitor other than:THE CORPORATION OF THE TOWN OF INNISFIL Page 13 <strong>of</strong> 28POLICY CP.19-07-05