C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 120 Disposition versions

1993-12-17

120. Subject to any contrary provision of this Act, the executive committee may enter into any contract on behalf of the Community.

1969, c. 84, s. 111; 1971, c. 90, s. 7; 1971, c. 91, s. 2; 1974, c. 82, s. 9; 1977, c. 80, s. 8; 1984, c. 32, s. 40; 1985, c. 31, s. 10; 1993, c. 68, s. 21.

1985-06-20

120. (1)  The executive committee may award any contract for professional services regardless of the amount, and any other contract involving an expenditure of less than $50 000.

However, where it involves an expenditure of more than $5 000 but less than $50 000, no insurance contract or contract for the performance of work or the supply of equipment or materials or the providing of services other than professional services may be awarded except after a call for tenders by way of written invitation, as the case may be, to at least two contractors, suppliers or insurers.

For the purposes of the second paragraph, a contract for the supply of equipment includes a contract for the lease of equipment with an option to purchase.

(2)  The executive committee may, after a call for public tenders by advertisement in a newspaper circulated in the territory of the Community, award a contract contemplated in the second and third paragraphs of subsection 1 involving an expenditure of not less than $50 000.

The time limit for the receipt of tenders shall not be less than eight days.

Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenders and their respective prices must be mentioned aloud at the opening of the tenders.

The executive committee shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time. If, however, to comply with the conditions for the making of a Government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the executive committee may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

If there is only one tenderer, the executive committee shall not award such a contract without the approval of the Council if the amount exceeds $500 000.

(3)  The executive committee may, in the case of irresistible force which might endanger the life or health of the population or seriously damage the equipment of the Community, order such expenditure as it considers necessary, and grant the necessary contract to remedy the situation upon the written request of its chairman or the director general.

(4)  The executive committee may award, without calling for tenders, any contract for carrying out work for the removal, shifting or reconstruction of conduits or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids, provided that the contract is awarded to the owner of such conduits or installations or to a public utility undertaking at a price generally required for work of that kind by an undertaking which generally carries out such work, or that it is awarded to a municipality.

(4.1)  The executive committee may award, without calling for tenders, any contract for the supply of software or for the maintenance of computer or telecommunications systems provided that the contract is awarded to an undertaking which generally carries out such work and at a price generally required for work of that kind by such an undertaking.

(5)  The executive committee shall make to the Council, at each regular meeting, a report on any contract awarded by it since the last regular meeting under this section.

Where a contract is awarded under subsection 3, the report of the executive committee must be made at the first regular or special meeting that follows.

(6)  The Council may make a by-law to determine the contents and the modalities of presentation of a report prescribed under subsection 5.

1969, c. 84, s. 111; 1971, c. 90, s. 7; 1971, c. 91, s. 2; 1974, c. 82, s. 9; 1977, c. 80, s. 8; 1984, c. 32, s. 40; 1985, c. 31, s. 10.

1984-06-20

120. (1)  The executive committee may award any contract for professional services regardless of the amount, and any other contract involving an expenditure of less than $50 000.

However, where it involves an expenditure of more than $5 000 but less than $50 000, no insurance contract or contract for the performance of work or the supply of equipment or materials or the providing of services other than professional services may be awarded except after a call for tenders by way of written invitation, as the case may be, to at least two contractors, suppliers or insurers.

For the purposes of the second paragraph, a contract for the supply of equipment includes a contract for the lease of equipment with an option to purchase.

(2)  The executive committee may, after a call for public tenders by advertisement in a newspaper circulated in the territory of the Community, award a contract contemplated in the second and third paragraphs of subsection 1 involving an expenditure of not less than $50 000.

The time limit for the receipt of tenders shall not be less than eight days.

Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

All temders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenders and their respective prices must be mentioned aloud at the opening of the tenders.

The executive committee shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time. If, however, to comply with the conditions for the making of a Government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the executive committee may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

If there is only one tenderer, the executive committee shall not award such a contract without the approval of the Council if the amount exceeds $500 000.

(3)  The executive committee may, in the case of irresistible force which might endanger the life or health of the population or seriously damage the equipment of the Community, order such expenditure as it considers necessary, and grant the necessary contract to remedy the situation upon the written request of its chairman or the director general.

(4)  The executive committee may award, without calling for tenders, any contract for carrying out work for the removal, shifting or reconstruction of conduits or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids, required by the extension of the metro, sewer work or work relating to water purification plants, provided that the contract is awarded to an undertaking which generally carries out such work, and is awarded at a price generally required for work of this kind by such an undertaking, that it is awarded to the owner of such conduits or installations at a price generally required for work of this kind by an undertaking which generally carries out such work, or that it is awarded to a municipality.

(5)  The executive committee shall make to the Council, at each regular meeting, a report on any contract awarded by it since the last regular meeting under this section.

Where a contract is awarded under subsection 3, the report of the executive committee must be made at the first regular or special meeting that follows.

(6)  The Council may make a by-law to determine the contents and the modalities of presentation of a report prescribed under subsection 5.

1969, c. 84, s. 111; 1971, c. 90, s. 7; 1971, c. 91, s. 2; 1974, c. 82, s. 9; 1977, c. 80, s. 8; 1984, c. 32, s. 40.

0001-01-01

120. Subject to section 32, every contract for the performance of work or the supply of equipment or materials or the providing of services other than professional services shall be awarded by the executive committee after a call for public tenders by advertisement in a French-language daily newspaper and in an English-language daily newspaper circulating in the territory of the Community. The delay for the receipt of tenders shall not be less than eight days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

The executive committee shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the executive committee may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the executive committee shall not grant such a contract without the approval of the Council, if the amount exceeds $500,000.

However, the executive committee may award, without calling for tenders, any contract for carrying out work for the removal, shifting or reconstruction of conduits or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids, required by the extension of the metro, sewer work or work relating to water purification plants, provided that the contract is awarded to an undertaking which generally carries out such work, and is awarded at a price generally required for work of this kind by such an undertaking, that it is awarded to the owner of such conduits or installations at a price generally required for work of this kind by an undertaking which generally carries out such work, or that it is awarded to a municipality.

1969, c. 84, s. 111; 1971, c. 90, s. 7; 1971, c. 91, s. 2; 1974, c. 82, s. 9; 1977, c. 80, s. 8.