1.         COMMODITY PRICE HEDGING POLICY

 

Politique de couverture contre les fluctuations du prix des produits de base

 

 

 

 

Committee RecommendationS

 

That Council:

 

1.      Approve the Commodity Price Hedging Policy, attached as Document 1;

 

2.      Approve the Procurement Strategy for Hydrocarbon Fuels such as Gasoline and Diesel Fuel, attached as Document 2; and

 

3.      Amend the delegation of Authority By-Law 2005-503 to authorize the City Treasurer to award contracts in relation to the commodities defined and in accordance with the Commodity Price Hedging Policy.

 

 

RecommandationS du comité

 

Que Conseil :

 

1.      approuve la politique de couverture contre les fluctuations du prix des produits de base énoncée dans le document 1;

 

2.      approuve la stratégie d’achat d’hydrocarbures (essence et carburant diesel, p. ex.) énoncée dans le document 2; et

 

3.      modifie le Règlement municipal no 2005-503 sur la délégation de pouvoirs, afin d’autoriser le trésorier de la Ville à attribuer des contrats relativement aux produits de base définis et conformément à la politique de couverture contre les fluctuations du prix des produits de base.

 

 

 

Documentation

 

1.   City Treasurer’s report dated 7 November 2008 (ACS2008-CMR-FIN-0045).

 

2.   Extract of Draft Minutes.


Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

7 November 2008/le 7 novembre 2008

 

Submitted by/Soumis par :  Marian Simulik City Treasurer / trésorière municipale  

 

Contact Person/Personne ressource : Gerry Mahoney, Manager Treasury

Financial Services/Services financiers

(613) 580-2424 x 21310, gerry.mahoney@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2008-CMR-FIN-0045

 

 

SUBJECT:

COMMODITY PRICE HEDGING POLICY

 

 

OBJET :

Politique de couverture contre les fluctuations du prix des produits de base

 

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee recommend Council:

 

1.                  Approve the Commodity Price Hedging Policy, attached as Document 1;

 

2.                  Approve the Procurement Strategy for Hydrocarbon Fuels such as Gasoline and Diesel Fuel, attached as Document 2; and

 

3.                  Amend the delegation of Authority By-Law 2005-503 to authorize the City Treasurer to award contracts in relation to the commodities defined and in accordance with the Commodity Price Hedging Policy.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité des services organisationnels et du développement économique recommande au Conseil :

 

1.                  D’approuver la politique de couverture contre les fluctuations du prix des produits de base énoncée dans le document 1;

 

2.                  D’approuver la stratégie d’achat d’hydrocarbures (essence et carburant diesel, p. ex.) énoncée dans le document 2; et

 

3.                  De modifier le Règlement municipal no 2005-503 sur la délégation de pouvoirs, afin d’autoriser le trésorier de la Ville à attribuer des contrats relativement aux produits de base définis et conformément à la politique de couverture contre les fluctuations du prix des produits de base.

 

 

BACKGROUND

 

Ontario Regulation 653/05 under the Municipal Act, 200, S.O.2001,c.25  requires a municipality to adopt a statement of policies and goals relating to the use of financial agreements to hedge commodity prices and costs before adopting a by-law authorizing a commodity price hedging agreement.

 

 

DISCUSSION

 

The proposed policy permits the City to enter into various financial agreements to limit the risk of unfavourable price changes in the underlying commodity being hedged. The primary objective of a commodity hedge agreement is to provide price stability by fixing prices for a specific commodity for a defined future period of delivery.  The policy provides:

 

1.      That approval of Council will be required prior to commencing a hedging program for each commodity;

2.      That hedging arrangements should not normally exceed 85% of the estimated volume of the commodity required for use in any year;

3.      That financial agreements may only be entered into with financial institutions meeting the minimum ratings set out in the Commodity Price Hedging Policy. These ratings are identical to the ratings set by the Province as the minimum rating such institutions must have to enter into other types of financial agreements such as bank loans, interest rate exchange agreements and interest rate bond forward agreements.

 

Financial markets offer a variety of mechanisms to limit the risk of adverse price changes in underlying commodities.  Such mechanisms are widely used by producers, distributors and wholesalers to manage the risk of adverse price changes for a wide variety of goods including agricultural products, energy commodities, natural resources and precious metals.

 

The City has traditionally managed the purchase of certain products which are subject to frequent and sudden price changes through a variety of methods including locking-in a fixed price for a specific commodity for an extended period of time and entering into long term supply contracts which limit annual increases to specific inflationary indices or escalation formula which are common to specific products or services. The commodities involved typically include electricity, natural gas and diesel fuel. These strategies have met the City’s requirements and although they continue to be viable options in specific applications, are subject to conditions prevailing for the specific commodity at any point in time.  In times of relatively scarce supply and likely increasing prices, a supplier may be reluctant to lock-in a long-term price in volatile conditions.    

 

There is a wide variety of financial tools available to hedge the price risk of specific commodities. Each mechanism offers advantages and disadvantages. 

 

One frequently used financial mechanism is a “swap” arrangement whereby the City would effectively pay a fixed price for a commodity such as diesel fuel, for a specific quantity for a set period of time.  The City continues to purchase diesel fuel from its preferred supplier and the supplier remains responsible to make delivery as required under its contract.  Under a swap transaction the City would:

 

·        Enter into a contract with a supplier to provide a commodity for delivery as required and the City would pay the current market price prevailing at the time of delivery.

 

·        Enter into a swap agreement with a financial institution which would require the City to pay a fixed price for an agreed volume for a specified period of time which would match as closely as possible the City’s requirements for the commodity.

 

·        By entering into the swap agreement, the financial institution would pay the City a floating price corresponding to the price for the commodity prevailing at the time deliveries are made by the supplier.

 

·        The floating price received by the City would offset the floating price paid by the City to the supplier, leaving the City with effectively paying a fixed price for the commodity.

 

The details of a specific swap arrangement for a specific commodity may be somewhat more complex than the above description.  For example settlement of the floating price from a financial institution is usually based on an average of the prices during the month and the actual quantity delivered from the supplier may vary from the quantity set in the swap. 

 

Another arrangement would allow the City to protect against prices for a commodity moving above a specific price (the strike price) for a period of time.  Under this arrangement called a “call option”, the City would continue to pay its supplier the market or floating price but would receive compensation from the bank if prices rise above a pre-set price.  Again the floating price is calculated as the monthly average of the daily settlement price for a commodity for a specific quantity.  The City would receive a payment for any month during which the average price exceeds the specific agreed price.  If the average price is less than the agreed price then the bank would not make any payment.  The City would pay a fee called a premium, for having this option contract.

 

Procurement Strategy for Hydrocarbon Fuels

 

In conjunction with the Commodity Price Hedging Policy, a proposed strategy to hedge the price of diesel fuel and gasoline is described in the attached Document 2.  The City purchases 45 million liters of diesel fuel annually.  The price of diesel fuel and gasoline has fluctuated enormously in the past 12 months from a high of 1.26969 (August 2008) to a low of 0.8667 (October 2007). The ability to lock-in a fixed price is essential to managing the cost of fuel in a fixed budget environment.  The objectives and process set out in Document 2 reflect existing practices but also provide the ability to take advantage of hedging the price of fuel through financial agreements if there is a benefit to such an arrangement when a price is being fixed.  Council approval is requested to permit the hedging of hydrocarbon fuels through supply contracts or financial agreements.

 

The proposed Commodity Price Hedging Policy will not replace existing supply strategies but will provide alternatives to limit the risk of unfavourable price changes in the underlying commodity.  On 22 October 2008 Council approved a report (ACS2008-BTS-RPM-0041) concerning energy management and investment strategy, which contained a number of measures to manage the price volatility of electricity and natural gas.  The proposed Commodity Price Hedging Policy does not change any of the measures described in that report but offers additional options to manage the risk of unfavourable price changes through various financial products and agreements.  For other commodities such as diesel fuel, suppliers are reluctant to provide long term price commitments for future deliveries and the proposed policy would allow the City to consider other mechanisms to manage this price risk.  

 

 

CONSULTATION

 

The proposed policy is an administrative matter and the public consultation process is not applicable.

 

 

FINANCIAL IMPLICATIONS

 

The proposed Commodity Price Hedging Policy will allow the City to consider a variety of financial agreements to manage the risk of adverse price changes for a variety of commodities required by the City.  The primary objective of a commodity price hedge agreement is to provide price stability by fixing prices for a specific commodity for a defined future period of delivery thus reducing the impact of sudden unanticipated price increases.

 

 

SUPPORTING DOCUMENTATION

 

Document 1 – Commodity Price Hedging Policy

Document 2 - Procurement Strategy for Hydrocarbon Fuels

 

 

DISPOSITION

 

Following consideration at Corporate Services and Economic Development Committee, this report will be forwarded to Council for its consideration.

 


Document 1

COMMODITY Price HEDGING - Corporate Policy

Approved By

CoUNCIL

Approval Date

 

Section

     

Effective Date

 

Subsection

     

Revision Date

 

 

Policy Statement:

 

The City of Ottawa may enter into various commodity price hedging agreements to fix, directly or indirectly, or enable the municipality to fix the price or range of prices to be paid by the municipality for the future delivery of some or all of the commodity or the future cost to the municipality of an equivalent quantity of the commodity.

 

Purpose:

 

Price instability of some commodities required by the City can lead to budgeting challenges and increase financial risk. The primary objective for the City’s commodity price hedging policy is to reduce financial risk by providing price stability and protection against the affects of adverse market conditions.

 

Application:

 

This policy applies to all Financial Agreements that are entered into by the City for the purpose of fixing future prices through commodity price hedging, as well as to those employees responsible for the control, management, or purchasing of hedging agreements.

 

Policy Requirements:

 

Statutory Requirements

 

A commodity price hedging agreement may only be undertaken if the agreement is in compliance with the Ontario Regulation 653/05. Requirements include the following:

 

a) The Financial Agreement must fix, directly or indirectly, or enable the municipality to fix the price or range of prices to be paid by the municipality for the future delivery of some or all of the commodity or the future cost to the municipality of an equivalent quantity of the commodity.

 

b) The City may enter into a Financial Agreement only for the future delivery of some or all of a commodity or the future cost of an equivalent quantity of a commodity. A financial agreement shall not be entered into for the purpose of speculative investing; and

 

c) The City is prohibited from selling or disposing of the Financial Agreement or an interest in the Agreement. An exception to this requirement exists if there is a sale or change of use of real property to which the Agreement applies or the City ceases an activity for which the commodity was being acquired.

 

Limit Financial Risk Exposure
 

The Commodity Price Hedging Program is a mechanism for managing financial risk by establishing a level of certainty for future prices for specific commodities, however, there are risks inherent with using these instruments. These risks include and should be mitigated as follows:

 

a) Demand risk is where in the City may use less of the commodity than the forecasted requirement leading to the possibility of excess hedging.

 

b) Market risk is where in there may be opportunity lost if the price of the commodity falls below the hedged purchase price. There are some financial agreements which the City may enter into which will allow the City to benefit from price movements within a range of prices while protecting the City against price increases above an agreed limit. In such agreements if the current market price falls below the lower price or “floor”, then the City would be responsible for paying the price differential below the “floor” price. 

 

The financial loss on the hedge contract from a price drop may be offset by purchasing the commodity in the spot market at the lower favourable price. Conversely, if the price of the commodity increases, the City would realize a net gain on the hedge.

 

c) Competitive price risk is where a competitive price hedge agreement may not be available in the market or available only at an undesirable price. This may occur during volatile market conditions or when there is uncertainty on the future supply of a commodity. As part of its analysis, staff will monitor the market and will consider other options including the use of fixed price contracts and/or purchasing on the “spot market”.

 

Commodity price hedging shall be undertaken in a manner to limit the risk of adverse prices changes and potential changes in demand by managing the term of hedging agreements and the proportion of the commodity to be hedged.

 

§         Term of Hedging Contracts

 

The term of a hedging contract will be chosen to balance price stability with the flexibility to adjust to changing market conditions and demand for the commodity within the City. Consideration will be given to demand cycles, price volatility, and comparable industry purchasing practices when establishing the term of a financial agreement.

 

Notwithstanding, it will be the City’s practice to only enter into a hedging program for a maximum term of six years. Should market conditions and City requirements warrant longer terms, a commodity hedging agreement may be entered into for terms longer than six years as may be approved by the City Treasurer.

 

§         Proportion of Commodity to Be Hedged

 

While any proportion of the total or maximum City demand for a commodity can be hedged, any risk of over hedging can be avoided by selecting a proportion that is less than the forecast demand. The measurement of forecasted demand will be specific to the City’s requirements.

 

In addition, by limiting the amount of a commodity to be hedged to an amount less than the full requirements for any year, the City will be able to take advantage of any favourable price changes for the unhedged quantity. 

 

The statutory limitations on the sale of Financial Agreements require that the City must exercise caution in order to retain flexibility to respond to demand uncertainty. This policy provides that the amount of a commodity to be hedged be less than 85% of the forecast demand for any year. Where the forecast demand has a high level of uncertainty, hedging a smaller proportion of the demand is appropriate.  Conversely, when demand can be forecast with some degree of certainty, the City may hedge greater amounts as may be approved under delegated authority of the City Treasurer. 

 

d) Credit risk or “counterparty risk” exists in the event that the commodity price has risen and the counterparty cannot fulfill the terms of the agreement. Agreements are usually with counter parties such as large financial institutions but may be with another entity such as a large supplier. Although default is considered a remote risk, risk control measures will be undertaken prior to entering into a Financial Agreement.  The City will enter into Financial Agreements to hedge a commodity price with financial institutions with a minimum rating of A1 from Moody’s Investor Services, or A+ from Standard and Poor’s or A (high) from Dominion Bond Rating Services.  The risks of fixing a price for a commodity for a longer period with a supplier are mitigated by the fact that the City will only make payments for commodities received, thus if product are not delivered the City will not be responsible for making payments. However the prices paid to replace product not delivered will be current market prices.

 

The following risk control measures are to be applied in a manner so as to limit financial risk exposure:

 

o       limiting the City ’s exposure to a counterparty based on credit ratings and on the degree of regulatory oversight and regulatory capital;

o       the use of standardized agreements; and

o       ongoing monitoring with respect to the agreements.

 

Risk may also be mitigated through participation in a third party pool based program or by placing Financial Agreements with multiple counterparties.

 

Partnership Agreements with other Public Sector Partners

 

Under some circumstances it may be beneficial for the City to enter into partnership agreements where it is anticipated that a financial benefit can be achieved. Partners shall be within the public sector and may include municipalities, universities, school boards and hospitals, or buying groups organized by municipal organizations such as the Ottawa Carleton Energy Purchasing Group (OCEPG).

 

In the latter case, the “buying group” may act as an agent for the City, including purchasing larger quantities of a commodity on more favourable terms than buying the commodity on its own.

 

In principle, a partnership or agency arrangement is an acceptable practice where the benefits can be clearly delineated. Partnership or agency agreements will be considered an option under the terms of this policy.

 

Commodity Price Hedging Contract Acquisition

Hedging contracts will be acquired on a competitive basis. Staff of the City may solicit proposals from financial institutions to provide hedging arrangements or where desired, may use the futures market to acquire hedging contracts.  The City may enter into a financial agreement with one or more institutions where apportioning the total of the agreement is expected to provide reduced costs and/or it is desirable to diversify the counterparty risk to more than one financial institution.

 

Requirements for Outside Advice

City staff will be expected to have sufficient knowledge to prudently evaluate standard Financial Agreements or related contracts. However, should in their opinion the appropriate level of knowledge not exist, or as otherwise directed, outside financial and/or legal advice will be obtained.

 

Authorized Commodities for Price Hedging Purposes

 

The definition of commodity provided in the definitions section of this policy mirrors that of the applicable legislation. However, for the purposes of this Policy, commodities that may be hedged are as follows:

o       electricity;

o       hydrocarbon fuels such as gasoline, diesel fuel, and natural gas;

o       other commodities used by the City , as determined by Council.

 


Reporting Requirements

 

In addition to information requested by Council or that the City Treasurer considers appropriate, the City Treasurer, together with the Deputy City Manager(s) of the operating department(s) engaged in commodity purchase agreement(s), shall submit on an annual basis to Council a detailed report on all subsisting Financial Agreements. The report will contain the following information and documents:

 

o       A statement about the status of the agreements during the period of the report, including a comparison of the expected and actual results of using the agreements;

o       A statement indicating whether all of the agreements entered during the period of the report are consistent with the City ’s statement of policies and goals relating to the use of Financial Agreements to address commodity pricing and costs; and

o       A statement of transactions with financial institutions.

 

Approvals

 

Approval by Council will be required prior to commencing a hedging program for each commodity. Approval may be sought concurrently with the initial purchase of a commodity or at some point during the term of a commodity purchase contract. The subsequent Financial Agreements must be approved by the City Treasurer or their delegate.

 

Delegation of Authority

 

The City Treasurer will have the overall responsibility for the commodity price hedging program which involve Financial Agreements and will have responsibility for directing/implementing the activities of the commodity price hedging program as well as the Officers and staff of the City acting in compliance with this policy shall have the necessary authority to carry out the responsibilities identified within the policy.

 

Notwithstanding, the City may delegate specific authority to an “agent” of the City as within “Partnership Agreements with other Public Sector Partners “ within this Policy. The authority delegated will be strictly governed by the terms of an agency contract that will be approved by Council.

 

Responsibilities

 

All officers and employees responsible for commodity price hedging agreements will follow the standard of care identified in this policy. No person shall be permitted to engage in a commodity price hedging activity using Financial Agreements except as provided for under the terms of this policy.

 

The City Treasurer  will be responsible for all activities undertaken, and shall establish a system of controls to regulate the activities of staff and exercise control over those staff including:

 

o       Establishing delegation of authority to persons responsible for commodity price hedging activities.

o       Reviewing and recommending the financial and business aspects of any Financial Agreements to be utilized in hedging a commodity price;

o       The signing and execution of documents on behalf of the City and perform all other related acts with respect to Financial Agreements; and

o       Ensuring that all reporting requirements identified within this Policy are met.

 

Deputy City Managers (DCM’s) are responsible for determining an overall Commodity Hedging Strategy for commodities under their control and custody. Notwithstanding the strategy adopted, it is their responsibility to determine the forecasted demand for the commodity.

 

Legislative & Administrative Authorities

 

The Municipal Act, 2001, S.O. 2001, c.25

The Municipal Act, 2001, Ontario Regulation 653/05 – Debt-Related Financial   Instruments and financial agreements.

 

Definitions

 

Agent means an individual or organization acting on behalf of the City  to provide advice on price hedging strategy and/or to execute agreements and transaction.

 

City means the City of Ottawa.

 

Commodity means, whether in the original or processed state, an agricultural product, a forest product, a product of the sea, a mineral, a metal, a hydrocarbon fuel, electricity, a precious stone or other gem and other physical goods but does not include chattel paper, a document of title, an instrument, money or securities.

 

Commodity Price Hedging Agreement is a financial instrument to fix the cost and/or manage the financial risk associated with the purchase of a commodity.

 

Counter party means a party to a contract which, for the purposes of this policy, is usually a financial institution or other entity that is offering the hedging/financial agreement to the City.

 

Financial Agreement means a commodity price hedging agreement including swaps and call option contracts.

 

Futures Market means an exchange where commodity price hedging agreements or “futures contracts” may be purchased or sold.

 

Hedge means, in the context of this policy, the purchase of a commitment to acquire a specified quantity of a commodity, at a specific price, at some future point in time.

 

Ottawa Carleton Energy Purchasing Group (OCEPG) is composed of a 17 member organization from the area’s municipal, university, school boards and hospital sectors. This purchasing consortium has been in existence for 20 years and is involved in natural gas purchases.

 

Over the Counter (OTC) refers to a financial instrument used to hedge the price of a commodity which is entered into with a financial institution and includes terms and conditions which are specific and are not publicly traded through an exchange or otherwise.

 

Inquiries

 

For additional information contact:

 

Gerry Mahoney

Manager Treasury, Finance Services


Document 2

 

Procurement Strategy for Hydrocarbon Fuels

Such as Gasoline and Diesel Fuel 

 

The City of Ottawa’s objectives for procuring gasoline and diesel fuel are linked to the City’s business objectives of value for money, and its price risk tolerance which attempts to provide cost certainty for the Transit and Fleet clients during each budget cycle.

 

The City’s procurement strategy for hydrocarbon fuels will include the following key objectives and components:

 

·        Manage the commodity procurement strategy to achieve best overall value to the Corporation as a whole.

 

·        Establish commodity unit rate targets, in conjunction with Finance and user clients that consider both budget considerations and market conditions at time of purchase

 

·        Attempt to deploy either contractual frameworks (typically available through the vendor), or price hedging strategies (typically available through a financial institution) to ensure that needs are met within budget, recognizing that:

o       budgets are typically set far in advance of procurement decisions and commodities such as fuel can be effected quickly by the global economy;

o       some flexibility in the approval process is necessary to ensure demand of these necessary commodities is met;

o       these actions are intended to mitigate potential upward cost volatility;

o       in certain cases, these strategies may actually result in the City paying prices higher than those available outside of the hedging contract, and that the need for cost certainty is at some times equal as a consideration to maximizing lowest cost.

 

·        Attempt to provide cost certainty to City clients when forecasting costs for budgetary purposes, by reducing price volatility, through ongoing analysis of the short and long term market projections in Finance, in conjunction with accurate usage estimates provided by the operating clients.

 

·        Employ a contractual strategy that attempts to set rates in advance, in increments of 25%, 50%, 75% or 100% of estimated needs, for durations of three months or greater in accordance with the guidelines of the Commodity Price Hedging Policy. 

 

·        Authorize the City Treasurer to approve contracts for gasoline and diesel fuel within approved City budget allocations, and to monitor and report on contractual commitments in accordance with approved policy.


            COMMODITY PRICE HEDGING POLICY

Politique de couverture contre les fluctuations du prix des produits de base

ACS2008-CMR-FIN-0045                                city-wide / À l’Échelle de la ville

 

Ms. Marian Simulik, City Treasurer, spoke to a PowerPoint presentation in which she provided an overview of the staff report.  A copy of her presentation is held on file with the City Clerk.

 

Councillor El-Chantiry drew the Committee’s attention to the fact that, in some of the City’s contracts, percentages were identified so that, if commodity prices were to rise or fall, the City could be compensated when the average price exceeded the agreed-upon price.  He asked if the City could enter into some sort of agreement to protect itself against rising commodity prices.  Ms. Simulik confirmed that there was an instrument available to the City, which would provide for a range.  With respect to fuel prices, she explained what was being proposed was for the City to contract with the banks to create a range.  The City would receive a payment for any month during which the average price exceeded the agreed price and if the average price were less than the agreed price, then the City would pay a premium.  She maintained that this type of policy would protect the City in the event of dramatically rising commodity prices. 

 

Responding to a question from Mayor O’Brien with respect to the City of Montreal, the example referenced in her presentation, Ms. Simulik explained that the Province of Quebec oversaw this on the City’s behalf and had been doing so for several years.

 

Councillor Desroches wondered if hedge providing was a fairly competitive sector, in which case the City would have multiple options.  Ms. Simulik responded affirmatively, indicating that all banks were involved in providing this type of financial instrument.  She explained that this would go out for proposal, a number of financial institutions would bid and the bidder with the lowest price would be awarded the contract. 

 

Councillor Desroches felt the timing of the proposal seemed right because commodity prices were low.  However, he noted there was still considerable instability in the system and he wondered if the City would pay a higher premium due to this instability.  Ms. Simulik indicated the City was taking the approach of 25% tranches because it was almost like unit price averaging.  She explained that a portion of it would be done now and, if another 25% was done in three months, then it would be averaged and, whichever way the market was going, the price would be reflected.  Ms. Simulik indicated staff’s concern was to get the City to the budget and make certain that there would be no deficits as a result of wild swings in the price of diesel fuel.

 

Councillor Desroches asked about the City’s current practice and whether it would be in a better position if it locked-in at current prices.  Ms. Simulik explained that the City could lock-in with its current supplier, Sunoco, if it was not locked-in during the preceding month.  She advised that the contractual agreement with Sunoco did not allow going to another fuel company to seek a better price.  However, the agreement did allow the City to have a competitive arrangement with a competitive arrangement with a number of financial institutions to receive a lower price.  She indicated she would be meeting with Mr. Alain Mercier, Director of Transit Services, to talk about fuel needs for 2009 and how staff would be building a hedging strategy for the year ahead.  She noted that the contract with Sunoco was almost at an end and suggested that because of this, staff would not likely lock-in with the current supplier. 

 

Councillor Jellett referenced Ms. Simulik’s suggestion of going out in 25% tranches and he wondered how staff had made the determination as to when would be the best time to do it and what percentage would be appropriate.  Ms. Simulik indicated the intent was to achieve budget certainty.  Having not yet met with Mr. Mercier, she could not give a definitive response.  However, she believed they would want to go out with 50% in order to achieve some measure of security for the budget and then make subsequent decisions based on the markets.  She advised that it would be done in conjunction with analysts in Supply Division, who monitored the fuel market daily.  She added that she would also receive advice form a number of experts and consider Mr. Mercier’s budget objectives. 

 

Responding to a question from Councillor Jellett with respect to the different prices for gasoline and diesel and the impact this would have on the proposed strategy, Ms. Simulik explained that two different tenders would be issued because if split up, there would be more competition and therefore better prices available. 

 

In response to a further question from the Councillor with respect to natural gas and other commodities, Ms. Simulik indicated the intent was to initially deal with gasoline and diesel fuels only but that, should prices begin to fluctuate for other commodities, such as road salt, staff may want to consider using this policy for other commodities as well. 

 

Mayor O’Brien asked whether approving this report would give the Treasurer the necessary authority to enter into agreements.  Ms. Simulik indicated a by-law would needed in order to give her the delegated authority to enter into these agreements.  She advised that a by-law could be drafted and placed on the next Council agenda so that, when this report was approved, the necessary by-law would also be enacted.  

 

Responding to a question from Councillor Deans, Ms. Simulik advised that the contract with Sunoco had expired in mid-2008 and been extended for one year.  Therefore, it would end in mid-2009.  Further, she confirmed that by adopting this policy, the City would not be locking in with Sunoco.

 

Councillor Deans asked whether staff had looked into the possibility of purchasing fuel in partnership with other municipalities in order to increase its purchasing power and achieve better prices.  Ms. Simulik replied that staff had attempted such a consortium with other large users of diesel fuel in the area but that it had not been received with much interest.  However, she indicated staff would continue to investigate this as an option. 

 

Responding to questions from Councillor Deans with respect to having sought professional advice in this matter, Ms. Simulik indicated staff had discussions with other municipalities across Ontario and Québec as well as the banking industry.  Further, staff constantly reviewed experts’ predictions in order to understand the market fluctuations. 

 

Mayor O’Brien noted that the City could implement a hedging agreement even if it was locked into a price with a particular supplier and that a hedging agreement would not prevent the City from dealing with whatever supplier it chose.  He maintained the objective was to achieve budget certainty. 

 

Councillor Wilkinson referenced the Treasurer’s earlier comment with respect to the Québec government doing this for its municipalities and she wondered if the Citify had approach the Province of Ontario to do the same.  Ms. Simulik advised that, through Section 653 of the Municipal Act, the Province of Ontario had given its municipalities direct authority to perform commodity hedging, as long as there was a policy and a basic understanding of the concepts.  Therefore, she believed it was unlikely the Ontario government would want to take this on. 

 

Responding to a follow-up question from the Councillor, Ms. Simulik indicated staff would approach the Province to see if there was interest and she suggested that this be done through Association of Municipalities of Ontario (AMO).

 

Councillor Bloess asked that a report be provided to Council at the end of the year indicating how much the City was over or under with respect to hedging.  Ms. Simulik responded affirmatively. 

 

At this juncture, Committee voted to approve the report recommendations.

 

That the Corporate Services and Economic Development Committee recommend Council:

 

1.         Approve the Commodity Price Hedging Policy, attached as Document 1;

 

2.         Approve the Procurement Strategy for Hydrocarbon Fuels such as Gasoline and Diesel Fuel, attached as Document 2; and

 

3.   Amend the delegation of Authority By-Law 2005-503 to authorize the City Treasurer to award contracts in relation to the commodities defined and in accordance with the Commodity Price Hedging Policy.

 

                        CARRIED