AGENDA

ADMINISTRATIVE AND CORPORATE SERVICES COMMITTEE

PUBLIC SESSION
Monday, December 10, 2007
7:00 p.m.      

1.            Memorials and Prayer. 

2.         Roll Call and Apologies.

3.         Approval of the Agenda

4.         Declarations of Interest. 

5.            Approval and Signing of the Minutes of the Regular Meeting held November 7, 2007 for PUBLIC SESSION.   p.1-p.8

6.            Presentations: 

7.            Delegations: 

a)             David Hine, Chair of Boundary Committee, Blessed Sacrament Catholic School, regarding modifications to the Blessed Sacrament Catholic School boundaries.   p.9 

b)             Zack Babuji, representing Father Henry Carr Catholic Secondary School, regarding the air-conditioning at Father Henry Carr new site.  p.10 

c)             John Romano, CSAC Chair of St. Augustine Catholic School, regarding safety and open classrooms at the school.   p.11  
 

            d)         Bill Chandler, representing the CSAC of St. Agatha Catholic School, regarding the need for a new school.    p.12 

e)            Maria Sequeira, CSAC Chair of Notre Dame Catholic Secondary School, regarding the Long Term Accommodation Plan.   p.13 

8.         Trustee Matters: 

a)            From Trustee Del Grande regarding the establishment of a Working Committee to make recommendations on the matter of Primary Class Size and Enrolment Pressures Grant. 

Whereas the Ministry of Education has provided funding for increased classroom space through the Primary Class Size Cap and Enrolment Pressures Grant. 

Whereas the Board has identified potential school projects for Primary Class Size and Enrolment Pressures Grant 

Whereas the cost estimates for almost all potential projects are above the Ministry Cost Construction Benchmarks and the Board at this time will not be able to complete all projects as desired. 

Whereas considerations such as future all day Kindergarten will have an impact on facilities. 

Whereas there may be some cost avoidance models at various schools which may warrant enhanced upgrades or replacement. 

Whereas considerations regarding growth and prohibitive to repair grant allocations need to be considered 

Be it resolved that the Board institute a working committee consisting of Trustees and Facilities staff to make recommendations and strategy approaches in the matter of allocating Primary Class Size and Enrolment Pressures Grant across the system. The working committee will report back to Board by March 2007 on recommended feasible capital projects to considered and/or immediately pursued. 

            b)         From Trustee Carroll, regarding replacement staff. 

                        Whereas the Board, in approving its 2006/07 budget, directed that replacement staff be retained from the casual and long term occasional lists, and, 

Whereas, except for the subject of French language instructions, qualified teachers are available, and,  

Whereas there are fully qualified staff to fill in for Principal and Vice-Principal and Superintendent positions, 

It is moved that only non-retired teachers be retained for the purpose of filling in for teacher vacancies of whatever length, and, further 

It is moved that in the event of vacancies occurring in the Vice-Principal, Principal and Superintendent ranks that these positions be filled by the reassignment of internal personnel with the appropriate qualifications, further,  

It is moved that this Board recognizes the role of Principals and Vice-Principals and that a request of qualified staff to fill in for vacancies in these positions is a reflection of the importance the Board places on the proper functioning of individual schools and the qualifications of staff.               

c)             From Trustee LeBlanc-Miller regarding Request for a liquor permit for Our Lady of Perpetual Help Catholic School for Thursday, February 21, 2008.   p.14 

            That the Board waive the permit policy and allow Our Lady of Perpetual Help Catholic School to obtain a liquor permit for their annual Trivia Night competition on Thursday, February 21, 2008 in the school gym. 

d)         From Trustee Piccininni, regarding Request for a liquor permit for St. Jude Catholic School, for Wednesday, December 19, 2007.   p.15 

            That the Board waive the permit policy and allow staff at St. Jude Catholic School to obtain a liquor permit for their staff on Wednesday, December 19, 2007.    

            e)         From Trustee Del Grande regarding Purchasing Policy. 

1.         Under Regulation 18: An Introduction of a sole source authorization declaration form 

2.         Under Regulation 18: Replace "The Executive Superintendent of Planning and Facilities" with "Deputy Director of Planning and Facilities"  

3.         Tendering is only required if greater than $50,000. All tenders will be advertised on the Board website under a new     section entitled tender Calls. This section of the website will show tenders that have been called including RFPs and also show recently closed tenders for the last 30 days.  

4.         The Chairman of the Administrative & Corporate Affairs Committee or the Director of Education can request a tender be brought forward to the Board for consideration or approval. 

5.         All tenders, RFQs, RFPs will contain the clause "subject to the approval of the Board of Trustees" 

6.         Trustee Monthly Information Package will contain all active tenders and pending tenders. 

7.         Staff to bring forward a Purchase by Negotiation Sub Policy as part of the Purchasing/Tender Policy 

                        8.         All relevant policies will be attached to all tenders 

9.         In the interest of open competition, policy to be amended to allow retendering if less than 3 qualified responses are returned.  

10.       There will be a quarterly report on tender and provider evaluations completed by staff 

11.       Policy to be amended so that a value 5% over, where the low bidder is not recommended or there is no budget 

12.       Policy will include the following exceptions: training and day to day expenses 

                        13.       All new or refreshed technology purchases will be put out as an RFP 

14.       RE Thresholds: In addition contract values of over $1M will be brought forward to the Board of Trustees 

9.         Unfinished Business:

10.       Matters recommended by Sub-Committees requiring Committee approval. 

11.          Matters referred/deferred to this Committee by the Board and other Committees. 

a)         Report regarding Response to Trustee Matter regarding Enrolment Issues at St. Basil-the-Great College.  (Deferred by the Committee at its meeting held November 7, 2007).     p.16-p.27 

                        Receive. 

b)             Report regarding Revision of Purchasing Policy F.P.01.  (Deferred by the Committee at its meeting held November 7, 2007).   p.28-p.71 

1.            That policy F.P. 01, Purchasing be rescinded. 

2.            That policy B.M. 05 Change Orders be rescinded. 

3.            That a revised policy, F.P. 01, Purchasing be approved as follows: 

                        Policy:

The Board shall purchase goods and services through a process consistent with the Mission and Vision statements of the Board and with the following objectives:

(i)         to provide a high level of service to all areas of the Board;

(ii)        to provide fair, competitive and transparent business practices for vendors and ensure equal treatment without preference; 

(iii)             to endeavour to obtain all goods and services at the lowest total end-user cost considering price, quality, function and delivery in an efficient, effective manner while maintaining the controls necessary for the expenditure of public funds;

(iv)             to encourage the acquisition of environmentally friendly products and the reduction of the impact of the Board’s activities upon the environment.

                        The Board delegates to the Director of Education, the authority to approve the award of all contracts where the budget, project or report has been approved by the Board with the exception of new school construction, major school additions, contracts which have exceeded the approved budget and Partnership Development opportunities.   

                                    Regulations: 

1.            This policy, regulations and procedures applies to any employee or elected official who is involved in the acquisition of goods and /or services on behalf of the Board. 

2.            All supervisory personnel are responsible for ensuring their immediate staff are properly informed of and comply with this policy, its regulations and procedures. 

3.             All purchasing activities will be carried out in accordance with all applicable Board policies and procedures and any other statutory acts or regulations. 

4.            Personal purchases on behalf of an employee, elected official or family member, the requirement for which is not for the Board or any of its purposes, are not permitted.

5.            Purchases made without an authorized purchase order/purchase card will be considered an obligation of the person making the purchase and not an obligation of the Board. 

6.            Employees and elected officials shall not use their authority, influence or office for personal gain or to advance the interest of any particular party and shall seek to uphold and enhance the integrity of all Board business operations. 

7.            In accordance with the Education Act, no teacher, supervisory officer or other employee of the Board may promote or sell goods or services for compensation to any to any board, provincial school or teachers’ college, or pupil enrolled therein except as permitted by the Act. 

8.             All goods and services are to be acquired through a publicly advertised competitive bidding process whenever possible in order to obtain maximum value from the expenditure of public funds.  

9.             Any arrangements which might prevent fair competition shall be avoided, in order to ensure open competition among qualified bidders.  

10.          Lobbying during a competitive procurement call is prohibited. An official point of contact shall be named and communication with any one other than the official point of contact from the time of issuance, up to and including the time of award, is prohibited. 

11.          Any vendor/proponent who violates the lobbying prohibition will be subject to disqualification from the current or future procurements at the Board’s discretion.    

12.          Awards will be given to the lowest bidder except where the best interests of the Board are served by accepting other than the lowest price. 

13.          Where an emergency situation exits, the approval requirements of the Purchasing Policy shall not apply, and administration shall take immediate necessary remedial action.  

14.       Where feasible, the Board may participate in cooperative purchasing with other school boards and public agencies. 

15.          Contracts for all goods and services will be limited to a maximum term of five years and renewals will be subject to a public competitive bidding process whenever possible. 

16.          Contract or purchases shall not be divided to avoid the requirements of this policy, its regulations or procedures and the annual or total project cost shall be considered. 

17.          Contracts for the acquisition of products and services on behalf of the Board, regardless of the amount or term, must be reviewed centrally prior to execution. 

18.          For purposes of Partnership Development, the Board retains the right to source and accept unique proposals that are deemed to be in the Board’s interests. 

19.              The Director of Education or delegate shall be responsible for the processing and acquisition of:  
 

i)                    employee fringe benefits contracts,

ii)                  professional services,

iii)                land acquisition and disposal, and insurance.  

The Executive Superintendent of Planning and Facilities or delegate, shall be responsible for the processing, acquisition supervision, and installation of approved projects as follows:  

i)          capital construction projects (new schools and additions),

ii)             trade work performed by Board personnel,

iii)           minor building renovations and repairs,

iv)           plant emergency repairs and replacements.  

The Materials Management Department shall be responsible for the processing of all other tenders, contracts and purchases.  

20.       The Senior Manager of Materials Management Department shall be responsible for operating a centralized purchasing system for the purchase and supply of all other materials, equipment and services required by the Board. 

21.       The Materials Management Department shall be consulted on all major purchases and have general oversight of the procurement process and procedure.  In addition to any conflict of interest policy applicable to employees, the Code of Purchasing Ethics established by the Purchasing Management Association of Canada shall apply to all staff involved in the procurement process.  

22.       To ensure the timely delivery and to avoid unnecessary delays in the occupancy of an educational facility, change orders which develop as a result of unforeseen conditions or jurisdictional requirements will be approved as follows:

·       A contingency allowance of 5% of the tendered contract amount shall be approved as the budget for mandatory change orders at the time of award of contract.

·       A mandatory change order within the contingency allowance will be approved by the Director of Education

·       Optional change orders shall be approved by a standing committee of the Board prior to commencement of work to be done.

·       A change order in excess of the contingency allowance shall be approved by a standing committee of the Board prior to commencement of work to be done.

·        A change order will be required for all new school construction projects, major additions, major renovations and major site development. 

23.       The Purchasing/Materials Evaluation and Approval Committee will review tenders, proposals and quotations before issue. 

24.       A Purchasing Procedures Manual shall provide direction to those individuals who have been delegated to purchase or approve the purchase of goods or services on behalf of the Board.  

12.              Reports of Officials and Special Committees for ACTION of the Board.  

            a)         Report regarding 2007-08 Revised Budget Estimates Report.    p.72-p.76 

                        That the 2007-08 in-year Revised Budget Expenditures be approved in the amount of $851,504,363 as indicated in the attached Appendix A with an accumulated deficit of $16.7M. 

            b)         Report regarding OCSTA Membership Fees 2007-2008.   p.77-p.80 

                       That the Toronto Catholic District School Board approve TCDSB’s membership in OCSTA and approve payment of the 2007-2008 OCSTA membership invoice in the amount of $172,398. 

c)             Report regarding Cafeteria Services.   p.81-p.90 

1.             That the Board approve the management of cafeteria service fall under the auspices of the Partnership Development Department. 

2.            That the Board approve allocating 30% of commissions from gross cafeteria sales that will be retained in a new central account for system-wide cafeteria infrastructure renewal and replacement.

            d)         Report regarding Snack Vending.    p.91-p.94 

                        That the Board approve all snack vending fall under the auspices of the Partnership Development Department.                      

            e)         Report regarding Annual Calendar of Meetings – 2008.  p.95-p.98                 

                        That the Board approve the following calendar of meetings for the year 2008: 

f)               Report regarding Long Term Accommodation Plan (2007-2017).    p.99-p.143                       

1.         That the Long Term Accommodation Plan (2007-2017), developed under Ministry of Education guidelines be approved.  

2.         That any programming related changes to the LTAP recommendations, as discussed in this report and which may arise in the future, be subject to further reports to the Board.  

3.         That the Long Term Accommodation Plan be reviewed annually to reflect changes in Ministry of Education Policies. 

4.         That the Chair of the Board meet with the Minister of Education to: 

i)          request additional funding to recognize TCDSB’s actual cost of construction;           

ii)         request that transportation grants be provided on a fair and equitable basis. 

g)        Report regarding St. Patrick Catholic Secondary School Foundation Repairs and ME/DD Renovations (Trustee Ward 11).   p.144-p.145 

1.         That a contract for St. Patrick Exterior Foundation and Interior Renovation to ME/DD Room be awarded to Everstrong Construction Limited meeting Board specifications in the amount of $517,998 plus net GST of $9,945.56 for a total of $527,943.56 

2.         That the estimated surplus in the amount of  $363,002 be retained in Funds 2000/60/388/11 & 12 for further required work.                     

h)         Report regarding Cardinal Newman Catholic Secondary School Change Order #1.    p.146-p.148 

            That Change Order No. 1 for the additional roof replacement work at Cardinal Newman Secondary School, in the amount of  $460,179 plus net GST for a total of $469,014 to Nortex Roofing Ltd., be approved. 

i)          Report regarding St. Roch Catholic School – Window Replacement (Trustee Ward 3).   p.149-p.150 

            That a contract for St. Roch Exterior Window Replacement be awarded to Windspec Inc. meeting Board specifications in the amount of $150,289.00 plus net GST of $2,885.55 for a total of $153,174.54 

j)              Report regarding Enrolment Pressures/Primary Class Size Reduction (Redevelopment Options) – Study Status Report.   p.151-p.162 

1.         That a working committee of trustees and staff be established to consider and assess capital options and system strategies for consideration by the Board by March 2008 in regards to the Enrolment Pressures/Primary Class Size Reduction Capital Program. 

2.            That the Chair of the Board meet with the Minister of Education to request additional funding to cover expenditures related to “forced” municipal jurisdictional approvals. 

3.         That the Chair of the Board meet with the Minister of Education to request additional funding to address the accommodation impact of “full-day kindergarten” with a priority to funding additional classrooms required at these schools.                                   

13.       Reports of Officials and Special Committees for INFORMATION of the Board.

14.       Approval of Matters for which no trustee has requested debate:

15.       Communications:

16.       Inquiries and Miscellaneous: 

N.B.     Private Inquiries must only be related to matters as outlined in the reference to legislation on the inside cover of the Private Agenda. 

17.       Update of Pending List: 

18.       RESOLVE INTO PRIVATE SESSION.