Bylaw to delegate authority
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-747-8785 or municipalenforcement@waterloo.ca
Bylaw number: 2018 - 034
Last passed by council: June 25, 2018
A bylaw to delegate authority to execute documents
- Schedule "A" - Chief administration officer
- Schedule "B" - Corporate services documents
- Schedule "C" - Planning and building
- Schedule "D"- Engineering, utilities, easements
- Schedule "E" - Community services
- Schedule "F" - Information management and technological services
- Schedule "G" - Finance
- Schedule "H" - Procurement of goods and services
- Schedule "I" - City Clerk
- Schedule "J" - Fire rescue services
- Schedule "K" - Grants
- Schedule "L" - Museum
Therefore the Municipal Council of the Corporation of the City of Waterloo enacts as follows:
1. The documents described in the Schedules to this Bylaw are hereby authorized and the authority to approve and to execute such documents is hereby delegated to the municipal staff persons identified in respect of each document in the Schedules without the necessity of obtaining Council approval for the execution of such documents. Any documents executed in accordance with this Bylaw and its Schedules shall be binding upon the Corporation to the same extent as if the documents had been individually approved by Council and executed on behalf of the Corporation.
2. Where any document has been executed in compliance with this Bylaw, the City Clerk may affix the seal of the Corporation to such document.
3. The authority delegated to staff to execute any document pursuant to this Bylaw is subject to any terms, conditions, pre-requisites, or other requirements expressed in the Schedules which pertain to each such document, and documents shall only be executed by the municipal staff if:
(a) The staff person executing the document is the staff person identified in the applicable Schedule as the person or a member of the class of persons authorized to execute the documents; and,
(b) Any terms, conditions, pre-requisites or other requirements expressed in the Schedules which pertain to the document have been fully and completely satisfied prior to execution.
4. Except as otherwise set out in this Bylaw, the execution of agreements or other documents renewing, extending or amending agreements or documents executed pursuant to this Bylaw is authorized pursuant to the same provision of this Bylaw, including the terms, conditions, pre-requisites or other requirements, under which execution of the original agreement or document was authorized.
5(a) Unless otherwise stated in this Bylaw, where the term “financial commitment” is used in this Bylaw it includes the value of both monetary and in-kind services provided.
(b) Unless stated to be “per fiscal year”, “financial commitment” when referred to in this Bylaw is calculated based on the sum of all financial commitments throughout the term of the Agreement and any renewals or extensions.
(c) “Financial commitment” does not include the value of any costs or expenses that are recoverable as part of the Agreement to be executed.
6. For purposes of this Bylaw, the following terms shall have the meanings set out below:
a) “Affiliation Policy” – means the Community, Culture and Recreation Services Affiliation Policy of the City, approved December 13, 2010, as amended from time to time, or any successor thereof;
b) “City” – means the Corporation of the City of Waterloo;
c) “CAO” – means the Chief Administrative Officer of the City;
d) “CFO” – means the Chief Financial Officer of the City;
e) “Fees & Charges Bylaw” – means the Fees & Charges Bylaw (Bylaw No. 2017-057) of the City, as amended from time to time, or any successor thereof;
f) “Facility Rental Discount Policy” – means Policy M-001, Facility Rental Discount Policy, of the City, as amended from time to time, or any successor thereof;
g) “Financial Policy” – means Policy FC-002, Financial Requests Outside of the Budget Process, of the City, as amended from time to time, or any successor thereof;
h) “Grant Policy” – means Policy FC-004, Grant Policy, of the City, as amended from time to time, or any successor thereof;
i) “Museum Bylaw” – means the Bylaw to Facilitate Ownership, Operation and Management of the City of Waterloo Museum (Bylaw No. 2016-002) of the City, as amended from time to time, or any successor thereof;
j) “Purchasing Bylaw” – means the Purchasing Bylaw (Bylaw No. 2015-071) of the City, as amended from time to time, or any successor thereof;
k) “Sponsorship and Advertising Policy” – means Policy A-016, Sponsorship and Advertising Policy, of the City, as amended from time to time, or any successor thereof;
7. An original copy of any document executed pursuant to this Bylaw shall be forthwith deposited with the City Clerk for safekeeping immediately following its execution.
8. Nothing in this Bylaw shall be interpreted to invalidate any document executed by any City Official where such execution was performed in accordance with any other Bylaw, Rule of Law, or applicable statutory authority.
9. Where any document is required or authorized to be executed by the Mayor and City Clerk pursuant to this Bylaw, the arrangements for executing the document shall be managed through the Office of the City Clerk. Persons requesting the execution of documents by the Mayor and City Clerk shall provide such evidence, in the format prescribed from time to time by the City Clerk, demonstrating compliance with any terms, conditions, pre-requisites or other requirements expressed in the Schedules.
10. Bylaw 2015-070 is hereby repealed.
11. This bylaw shall come into force and effect on the date of its final passing.
Enacted December 11, 2017.
1.0 Schedule "A"
Chief Administration Officer | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites, or other conditions which must be satisfied prior to execution |
1 | All contracts not exceeding $75,000.00 | Chief Administrative Officer pursuant to Bylaw No. 2014-076 | Within approved budget or otherwise in compliance with the Financial Policy and subject to Council direction (if any). |
2 | All documents that a Commissioner, Director, Manager or other employee is authorized to execute. | Chief Administrative Officer – provided that if two people must sign, CAO can sign for only one of them. | Chief Administrative Officer has authority subject to same compliance rules required by the document. |
3 | All Lease Agreements | Chief Administrative Officer | Within the Restricted Act period pursuant to Section 275 of the Municipal Act, 2001, as amended. |
2.0 Schedule "B"
Corporate service documents | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions Which must be satisfied prior to execution |
1 | Documents required to finalize insurance settlements. | City Clerk | Any cost must be within insurance deductible levels. Form of documents to be approved by City Solicitor or designate. |
2 | City Insurance Agreements and amendment of existing City Insurance Agreements (other than insurance contracts with Human Resources benefit carriers) | City Clerk | Required in order to accommodate changes in assets of municipality. Award of new contracts to be in accordance with City Purchasing Bylaw. Form of agreement to be approved by City Solicitor or designate. |
3 | Agreements with benefit carriers and amendment agreements to existing insurance contracts with benefit carriers. | Director of Human Resources | Must be required in order to implement a change in benefits covered by an existing contract with a carrier where the change is incidental to a collective agreement or other employment agreement which has been specifically approved by Council. Award of new contracts to be in accordance with the Purchasing Bylaw. Form of agreements to be approved by City Solicitor or designate. |
4 | Electronic signature for Land Registry documents (electronic registration) for fee simple land acquisitions and dispositions. | City Solicitor or Law Clerk. | For fee simple transactions, transaction must have been authorized by Council. It will also include the execution of other documents required to be registered in the course of a transaction approved by Council which are necessarily incidental thereto. This does not include acquisitions that are for road widenings or that are the result of planning and development approvals under the Planning Act, including decisions of the Committee of Adjustment. |
5 | Electronic signature for Land Registry documents (electronic registration) for fee simple land acquisitions and dispositions that are the result of a planning approval. | City Solicitor or Law Clerk | Authorization from the Director of Planning or Economic Development or a Commissioner, satisfactory to the City Solicitor. This includes acquisitions that are for road widenings or that are the result of planning and development approvals under the Planning Act, including decisions of the Committee of Adjustment. |
6 | Electronic signature for Land Registry documents (electronic registration) for registration (and deletion) of City-issued work orders (including Property Standards Orders) | City Solicitor or Law Clerk | Authorization from the Manager of Licensing & Standards, Community Services |
7 | Electronic signature for Land Registry documents (electronic registration) for registration (and deletion) of Notices of Lien in favour of the City | City Solicitor or Law Clerk | Director of Financial Planning & Purchasing |
8 |
Electronic signature for Land Registry documents (electronic registration) for: (i) Acquisition of easements and encroachments by the City; (ii) Granting of easements or encroachments by the City; or (iii) Release of easements, pursuant to a Planning Act approval, or to or from:
|
City Solicitor or Law Clerk |
Authorization from the Director of Planning, Director of Engineering or Director of Economic Development or a Commissioner, satisfactory to the City Solicitor. Any acquisition by the City must be in accordance with the Purchasing Bylaw, and within the approved budget or otherwise in compliance with the Financial Policy. For registration of orders, covenants, rights, and other agreements or documents relating to the acquisition or granting of easements or encroachments, which are required in order to protect interests of municipality or comply with any statutory requirements, determination by City Solicitor that such registration is required. For release of orders, covenants, rights and other agreements or other documents, relating to easements, which are in favour of the Municipality written confirmation from responsible Commissioner, to the satisfaction of the City Solicitor, that same may be released. All documents to be in form approved by City Solicitor. |
9 | Discharges of mortgages (electronic registration). | Discharges of mortgages (electronic registration). | Written confirmation from City Treasurer that monies owing have been satisfied. |
10 | Agreements of purchase and sale of land. | City Solicitor | Unless authorized by council, prior Agreements of this nature must contain a “true condition precedent” requiring Council approval before agreement becomes effective. All Agreements of this nature to be in form approved by City Solicitor or designate. |
11 | Temporary Licences and Temporary Leases of City owned Property. | City Solicitor or Director of Engineering or Director of Facilities and Fleet | In the case of contracts involving the leasing or use of property owned by the City, the agreement is for a year or less or on a month to month basis. Form of agreement to be approved by City Solicitor or designate. |
12 | Documents required to settle any litigation brought by or against the City, other than insurable matters or the insured portion of any partially uninsured claim. | City Solicitor | Approval of the applicable Commissioner with jurisdiction over the subject matter of the litigation. Any costs in respect of the proposed settlement must be within the approved budget of the applicable Commissioner in respect of the project or matter or otherwise in compliance with the Financial Policy. Any settlement over $100,000.00 must be approved by Council unless prior authority granted in the specific matter. |
13 | Documents required to file or prosecute litigation brought on behalf of the City. | City Solicitor |
Commencement of litigation will require the approval of the applicable Commissioner, Chief Administrative Officer, or Council. Despite the foregoing, litigation in routine collection matters may be commenced upon the request of the applicable Director of the applicable Department or Division to which the account is owed. Prosecutions and law enforcement proceedings shall be in the discretion of the City Solicitor or designate. In urgent or emergency circumstances, the City Solicitor shall have the option to unilaterally commence any proceeding where the protection of the City’s interest requires the commencement of a proceeding and it is impractical under the circumstances to obtain approval from the applicable Commissioner, the Chief Administrative Officer, or Council. Other documents required in the prosecution or continuation of proceedings as required in the discretion of the City Solicitor, according to normal practices and usual authority to solicitors acting in litigious matters. |
14 | Consents to Applications for Title Absolute or First Registration | City Solicitor | Determination by City Solicitor or designate that City’s interest will not be adversely affected. |
15 | Undertaking, Statutory Declarations, Affidavits and other documents required in connection with real estate or other transactions. | City Solicitor | Transaction must have been authorized by Council unless it is for acquisition of lands pursuant to planning and development approvals under the Planning Act, including decisions of the Committee of Adjustment. |
16 | Consent to the transfer, mortgage or sale of part of an employment lands parcel. | City Solicitor |
Written confirmation by the Commissioner of Community Services, the Director of Economic Development and the City Solicitor that the transfer, mortgage, charge, financing agreement or sale are part of a scheme to develop a building on employment lands on which all construction has been completed in accordance with covenants in favour of the City and that: 1. The Transfer is for the purpose of effecting a severance and is from the registered owner to the same registered owner. 2. The mortgage, charge or other financing is for the construction of a building on the land, or 3. The sale is of a completed building having a ground floor area of at least 10 percent of the area of the land being conveyed or such other ground floor area determined by Council policy. |
3.0 Schedule "C"
Integrated planning and public works - planning and building | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions Which must be satisfied prior to execution |
1 | Site Plan Agreement | Director of Planning Approvals | Subject to Bylaw No. 2013-124 |
2 | Agreements related to Condominium Applications | Director of Planning Approvals | According to Bylaw No. 2014-086 |
3 | Agreements or documents relating to Applications or Decisions of the Committee of Adjustment | Director of Planning Approvals or designate | Bylaw No. 2014-087 |
4 | Agreements or documents relating to Applications or Decisions of the Committee of Adjustment | Director of Growth Management | Report IPPW-2011- 058 |
5 | Demolition Control Permits for residential properties. | Chief Building Official | According to Bylaw No. 2013-014 |
6 | Conditional Building Permit Agreements, Limiting Distance Agreements | Chief Building Official | Form of Agreement to be approved by the City Solicitor or designate. |
4.0 Schedule "D"
Integrated planning and public works - Engineering, utilities, and easements | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions Which must be satisfied prior to execution |
1 | Encroachment agreements. | City Solicitor |
Upon the written recommendation of the Director of Engineering or Director of Water Services. Form of Agreement to be approved by City Solicitor or designate. |
2 | Licence agreement for the use of sidewalks for sidewalk cafes or sidewalk sales. | City Solicitor |
Upon the written recommendation of the Director of Engineering, or Director of Transportation. Form of licence agreement to be approved by City Solicitor or designate. |
3 | Permission to Enter/Access Agreements | Director of Engineering |
Where entry is onto City land, approval of the Director of Engineering. Form of Agreement to be approved by City Solicitor or designate. |
4 | Regulatory approval documents with Province of Ontario or its agencies (including Ministry of the Environment, Ministry of Transportation, and the Grand River Conservation Authority) and with the Government of Canada or its agencies related to engineering matters | Director of Engineering | Form of documents to be approved by City Solicitor or designate. |
5 | Teranet releases of subdivision agreements, condominium agreements and development agreement. | City Solicitor or Law Clerk |
Upon the written recommendation of the Director of Planning Approvals including either of the following statements: (i) That the agreement has not been declared in default and all public services have been accepted for maintenance purposes; or, (ii) That the agreement has not been declared in default and the developer has deposited sufficient funds with the City to provide for public services not completed but required by the agreement. Form of document to be approved by City Solicitor or designate. |
6 | Sewage service rate rebate agreements and sewer surcharge agreements. | City Solicitor or Commissioner of Integrated Planning & Public Works | Upon the written recommendation of the Commissioner of Integrated Planning & Public Works, including a statement that the rebate is being determined in accordance with the provisions of the regulating bylaw. |
7 | Storm sewer maintenance agreements. | Director of Engineering or Director of Water Services | Form of Agreement to be approved by City Solicitor or designate, provided there is compliance with the Purchasing Bylaw. |
8 | Special Servicing Agreements (where total value of the proposed servicing works does not exceed $150,000) – no financial commitment by City | Director of Engineering or Director of Water Services |
There must be a formal written request from a developer or property owner to voluntarily extend or upgrade existing municipal services in the right of way to his or her property. Subject to approval of the Director of Engineering or Director of Water Services. Form of Agreement to be approved by City Solicitor or designate. |
5.0 Schedule "E"
Community Services | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions Which must be satisfied prior to execution |
1 | Agreements & Documents (including, without limitation, rental, licensing and leasing Agreements) relating to Facility Rentals, Cemetery Services and Donor or Fundraising Agreements, not exceeding financial commitment by City of more than $100,000.00 per fiscal year. | Commissioner of Community Services or designate |
Subject to Bylaw No. 09-087, within approved budget or otherwise in compliance with the Financial Policy and in accordance with Purchasing Bylaw Agreements including a facility rental discount must also be in accordance with the Facility Rental Discount Policy or the Fees and Charges Bylaw, as may be applicable |
2 |
All Sponsorship Agreements
|
|
|
3 | Sponsorship Agreements not satisfying the provisions of the Sponsorship and Advertising Policy | Mayor and City Clerk |
Council approval required *during the months of July and August, the Mayor and CAO jointly may approve, subject to legal, financial and departmental approval Form of agreement to be approved by City Solicitor or designate |
4 | Agreements with the Ministry of Transportation of Ontario (MTO), and related documents, providing for sharing of MTO database information (ownership, etc.) with the City for Bylaw enforcement purposes | Director of Municipal Enforcement, Commissioner of Community Services or Deputy City Clerk | Form of Agreement to be approved by City Solicitor or designate |
5 | Service Agreements (Affiliation Agreements) between City and community and/or sports organizations or groups, not exceeding financial commitment by City of $100,000 per fiscal year | Commissioner of Community Services AND Director of Community Programming and Outreach Services |
Agreement must be in accordance with City policies (including the Affiliation Policy) and the Purchasing Bylaw. Financial commitment by City within approved budget or otherwise in compliance with the Financial Policy Form of Agreement to be approved by Commissioner of Community Services, and City Solicitor or designate |
6 |
Facility Use Agreements between City and School Board (for use by City of indoor or outdoor School Board facilities), not exceeding financial commitment by City of $25,000 per fiscal year NOTE: use of City facilities by the School Board is included in item 1 |
Director of Community Programming and Outreach Services | Agreement must be in accordance with City policies and the Purchasing Bylaw Financial commitment by City within approved budget or otherwise in compliance with the Financial Policy Form of Agreement to be approved by City Solicitor or designate |
7 |
Facility Use Agreements between City and community and/or sports organizations or groups for use of facilities leased by City Financial commitment of City not exceeding $25,000 per fiscal year financial commitment of City not exceeding $100,000 per fiscal year |
Director of Community Programming & Outreach Services Commissioner of Community Services or designate |
Agreement must be in accordance with City policies and the Purchasing Bylaw Financial commitment by City within approved budget or otherwise in compliance with the Financial Policy Agreement must be in accordance with City policies and the Purchasing Bylaw Financial commitment by City within approved budget or otherwise in compliance with the Financial Policy Form of Agreement to be approved by Commissioner of Community Services, and City Solicitor or designate |
8 |
*Food Service Agreements & related documents (purchase of food and drinks intended for re-sale to the public)
*NOTE: Agreements for purchase of food goods or services with financial commitment exceeding $100,000 are included under Schedule H |
Director of Community Programming and Community Outreach or designate OR Director of Recreation and Facilities or designate Commissioner of Community Services or designate |
In compliance with Purchasing Bylaw, and within approved budget or otherwise in compliance with the Financial Policy In compliance with Purchasing Bylaw, within Commitment Authority Limit of signing officer and within approved budget or otherwise in compliance with the Financial Policy Form of Agreement to be approved by City Solicitor or designate |
11 | Regulatory approval documents with the Alcohol & Gaming Commission of Ontario | CAO and applicable Commissioner, or their designate(s) | Documents to be approved by City Solicitor or designate |
6.0Schedule "F"
Information management and technology services | |||
---|---|---|---|
Section | Type of Document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions Which must be satisfied prior to execution |
1 | Non-disclosure Agreements for City to obtain information. | Director of Information Management and Technology Services. | Form of Agreement to be approved by City Solicitor or designate. |
2 | Non-disclosure Agreements where City provides information. | Director of Information Management and Technology Services | Form of Agreement to be approved by City Solicitor or designate. |
3 |
*Agreements relating to:
|
Director of Information Management and Technology Services |
Within Director’s approved budget or otherwise in compliance with the Financial Policy and within Commitment Authority Limit of signing officer In accordance with the Purchasing Bylaw For Agreements with City financial commitments of greater than $25,000, approval of Director of Financial Planning & Purchasing and form of agreement to be approved by City Solicitor or designate |
4 | *Software developing Agreements. | Director of Information Management and Technology Services. |
Within Director’s approved budget or otherwise in compliance with the Financial Policy and within Commitment Authority Limit of signing officer In accordance with the Purchasing Bylaw For Agreements with City financial commitments of greater than $25,000, approval of Director of Financial Planning & Purchasing and form of Agreement to be approved by City Solicitor or designate |
5 | Data sharing agreement with another public authority | Director of Information Management and Technology Services. | Form of Agreement to be approved by City Solicitor or designate. |
7.0 Schedule "G"
Finance | |||
---|---|---|---|
Section | Type of Document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions Which must be satisfied prior to execution |
1 | Minutes of settlement and all other agreements relating to assessment appeals and Assessment Review Board decisions | Director of Accounting & Revenue or designate | Form to the satisfaction of Director of Financial Planning & Purchasing or designate and Municipal Property Assessment Corporation (MPAC) |
2 |
Items exempt from Purchasing Bylaw as per Schedule A shall follow thresholds set out in Schedule H of this Bylaw except for the following items when they exceed $100,000
|
Director of Financial Planning & Purchasing or designate | Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer |
3 |
Insurance Releases pertaining to awards of damages, satisfaction of claims, lawsuits, recovery of Insurance proceeds and costs to the City
|
Director and a Commissioner, or their designates, of the appropriate division or department Mayor & City Clerk |
Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer |
4 |
Banking agreements and other agreements for goods and services related to payment processing Bank or Other Charges:
|
Director of Accounting & Revenue or designate
Mayor & City Clerk |
Form to the satisfaction of the Commissioner of Corporate Service, CFO & Treasurer Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer, and City Solicitor |
5 |
Letters of Credit Draws Letters of Credit Releases
|
Director of Engineering or Director of Planning
Manager of Development and Engineering
Director of Engineering |
Terms to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer, and City Solicitor Clearance of Agreement Conditions to the satisfaction of the Director of Engineering Clearance of Agreement Conditions to the satisfaction of the Director of Engineering |
6 | Investments | Director of Financial Planning & Purchasing or designate and Commissioner of Corporate Services, CFO & Treasurer | Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer |
7 | Agreements with the Ministry of Transportation of Ontario (MTO), and related documents, providing for sharing of MTO database information (ownership, etc.) with the City for purposes of cost recovery for damage or loss to public infrastructure or property, in accordance with the Fees & Charges Bylaw | Director of Accounting & Revenue or Deputy City Clerk | Form of Agreement or document to be approved by City Solicitor or designate |
8.0 Schedule "H"
Procurement of goods and services | ||||
---|---|---|---|---|
Section |
Commitment *Authority Limit (includes the value of all cumulative contract changes and of any automatic renewal options) CAO is the highest approval level required for contract changes provided amended contract value is within the limits of Council approved budget. If not, Council must approve the contract change) *Authority Limit has the meaning set out in the Purchasing Bylaw |
Staff Positions Authorized to Provide *Commitment Approval *Commitment Approval has the meaning set out in the Purchasing Bylaw |
Staff Positions Authorized to Execute Contracts Supporting Commitment |
Terms, Conditions, PreRequisites or Other Conditions to be Satisfied Prior to Execution |
1 | Purchase of goods and services up to $25,000 | Manager of the appropriate division (Supervisor may approve only in instances where a division does not have a Manager role) | CAO | *Procurement according to Purchasing Bylaw and within approved budget or otherwise in compliance with the Financial Policy. Form of agreement to be approved by City Solicitor |
2 |
Purchase of goods and services greater than $25,000 up to, and including, $100,000
|
Director of the applicable division AND Director of Financial Planning & Purchasing Director of the applicable division AND Director of Financial Planning & Purchasing |
CAO
Mayor and City Clerk |
*Procurement according to Purchasing Bylaw and within approved budget or otherwise in compliance with the Financial Policy Subject to legal, financial and departmental approval.
*Procurement according to Purchasing Bylaw and within approved budget or otherwise in compliance with the Financial Policy Subject to legal, financial and departmental approval. Form of all Agreements to be approved by City Solicitor or designate. For contracts <$100,000 legal approval from the City Solicitor may be waived by the Director of Financial Planning & Purchasing. |
3 | Purchase of goods and services greater than $100,000 up to and including $200,000 | Commissioner of applicable department AND Director of Financial Planning & Purchasing | Mayor and City Clerk |
*Procurement according to Purchasing Bylaw and within approved budget or otherwise in compliance with the Financial Policy Subject to legal, financial and departmental approval. Provided lowest compliant bidder or highest scoring compliant proponent awarded. If not, Council must approve the award. Form of agreement to be approved by City Solicitor or designate. |
4 | Purchase of goods and services greater than $200,000 up to and including $600,000 [except the purchase of Highway Construction Services as defined in the Purchasing Bylaw] and Highway Constructions Services >$200,000 up to and including $1,000,000 | CAO and Director of Financial Planning & Purchasing | Mayor and City Clerk |
*Procurement according to Purchasing Bylaw and within approved budget or otherwise in compliance with the Financial Policy Subject to legal, financial and departmental approval. Provided lowest compliant bidder or highest scoring compliant proponent awarded. If not, Council must approve the award. Form of agreement to be approved by City Solicitor or designate. |
5 | Purchase of goods and services greater than $600,000 [except the purchase of Highway Construction Services, as defined in the Purchasing Bylaw]. Highway Construction Services over $1,000,000 | Council [During the months of July and August, the Mayor and CAO, jointly] | Mayor and City Clerk | *Procurement according to Purchasing Bylaw and within approved budget or otherwise in compliance with the Financial Policy Subject to legal, financial and departmental approval. Form of agreement to be approved by City Solicitor or designate. |
6 | Non-disclosure Agreements where City provides information as part of a procurement (no monetary commitment by City) | n/a | Manager of Procurement | Form of agreement to be approved by City Solicitor or designate. |
7 | Agreements or other documents extending or renewing agreements or documents executed pursuant to Schedule H of this By -law (when a renewal option was included in the original Agreement) | Manager of Procurement |
Within approved budget or otherwise in compliance with the Financial Policy and provided appropriate Commitment Authority Approval has been obtained. Subject to the same terms, conditions, pre - requisites or other requirements, under which execution of the original agreement or document was authorized. |
|
8 |
Agreement or other documents amending agreements executed pursuant to Schedule H of this By -law
|
Commissioner of applicable CAO, or Mayor & City Clerk |
Subject to the same terms, conditions, prerequisites or other requirements, under which the execution of the original document was authorized. Within approved budget or otherwise in compliance with the Financial Policy and provided appropriate Commitment Authority Approval (where applicable) has been obtained. Subject to the same terms, conditions, prerequisites or other requirements, under which the execution of the original document was authorized. |
9.0 Schedule "I"
City Clerk | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions which must be satisfied prior to execution |
1 | All documents that a Commissioner, Director, Manager or other employee is authorized to execute. | City Clerk – provided that if two people must sign, City Clerk can sign for only one of them. | City Clerk has authority subject to same compliance rules required by the document. |
10.0 Schedule "J"
Community resources - fire rescue services | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions which must be satisfied prior to execution |
1 | Agreements with the Ministry of Transportation of Ontario (MTO), and related documents, providing for sharing of MTO database information (ownership, etc.) with the City for purposes of enforcement of Fees & Charges Bylaw relating to collection of emergency fire services call-out fees | Chief, Fire Rescue Services, Commissioner of Community Services or Deputy City Clerk | Form of Agreement or document to be approved by City Solicitor or designate |
11.0 Schedule "K"
Grants | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions which must be satisfied prior to execution |
1 |
* 1Grant Applications, Agreements & related documents (where City applies for Grants)
Financial reports/summaries, claims submissions and progress reports relating to Grant Agreements:
|
Project Manager and/or Manager Director of Financial Planning and Purchasing or designate Commissioner, CFO & Treasurer, Corporate Services or designate Manager or designate CAO or designate Mayor & City Clerk Financial Analyst or designate |
Approval by applicable Manager and compliance with Grant Policy Approval by applicable Manager and compliance with Grant Policy Approval by applicable Director and compliance with Grant Policy Director approval, within approved budget or otherwise in compliance with the Financial Policy Corporate Management Team approval, within approved budget or otherwise in compliance with the Financial Policy and compliance with Grant Policy Council Approval, within approved budget or otherwise in compliance with the Financial Policy and compliance with Grant Policy For Agreements with financial commitment of more than $100,000 (except Agreements with the Province of Ontario or Government of Canada, or their agencies), form of Agreement to also be approved by City Solicitor or designate. |
2 | Time Sensitive Grant Applications where unreasonable to obtain further authority within time frame and where no binding financial commitment flowing from application or where application is merely an EOI | CAO or designate | At the request of the Director of Financial Planning & Purchasing or designate and in a form to the satisfaction of the City Solicitor or designate, provided that grant application is brought to the appropriate approval body (see #1 above) at the next possible meeting |
3 | Grant Applications, Agreements and related documents relating to Waterloo North Hydro Inc. Save On Energy Program and Union Gas - No financial (monetary) commitment by City | Project Manager,within Facilities & Fleets | In form approved by City Solicitor or designate |
12.0 Schedule "L"
Museum | |||
---|---|---|---|
Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other conditions which must be satisfied prior to execution |
1 | Short Term Rental Agreement (for any portion of the Museum) | Museum Manager/Curator or designate |
Agreement must conform to City bylaws (including the Museum Bylaw) and policies. Form of Agreement to be approved by City Solicitor or designate. |
2 | Agreement or other Document to Receive donations (whether by gift, subscription, grant, bequest or otherwise) of a cultural, historic or artistic nature | Museum Manager/Curator or designate |
Donation must be in accordance with City bylaws (including the Museum Bylaw) and policies. Form of Agreement or Document to be approved by City Solicitor or designate |
3 | Agreement or other Document to acquire (by purchase, borrowing or leasing) personal property of a cultural, historic or artistic nature from an individual or institution | Museum Manager/Curator or designate |
Agreement or other Document must be in accordance with City bylaws (including the Museum Bylaw and Purchasing Bylaw) and policies, within Commitment Authority Limit of signing officer, and within approved budget or otherwise in compliance with the Financial Policy Form of Agreement or other Document to be approved by City Solicitor or designate. |
4 | Agreement or other Document to dispose of personal property of a cultural, historic or artistic nature, or to lend same to an institution | Museum Manager/Curator or designate |
Agreement or other Document must be in accordance with City bylaws (including Museum Bylaw and Purchasing Bylaw) and policies. Form of Agreement or other Document to be approved by City Solicitor or designate. |