Item - 2013.GM20.12

Tracking Status

  • City Council adopted this item on April 3, 2013 with amendments.
  • This item was considered by Government Management Committee on February 25, 2013 and was adopted with amendments. It will be considered by City Council on April 3, 2013.

GM20.12 - Award - Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and Seasonal Food Services at the Concession Building at Nathan Phillips Square

Decision Type:
ACTION
Status:
Amended
Ward:
27 - Toronto Centre-Rosedale

City Council Decision

City Council on April 3 and 4, 2013, adopted the following:

 

1          City Council authorize the City to enter into a licence agreement with Angus Inc., operating as Hero Certified Burgers, being the highest scoring proponent meeting the requirements of RFP No. 0613-12-0125, for the operation of a Year-Round Food Service Concession at Nathan Phillips Square Concession Building, for a five (5) year term with the City having the option to offer to extend for two (2) additional successive five (5) year terms, substantially on the terms set out in Appendix "A1" and Confidential Attachment 1 to the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management and such other terms as may be acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the City to enter into a licence agreement with Cashew and Clive Catering Corporation, being the highest scoring proponent meeting the requirements of RFP No. 0613-12-0125, for the operation of a Seasonal Food Service Concession at Nathan Phillips Square Concession Building, for seasonal periods during a five (5) year term, with the City having the option to offer to extend for two (2) additional successive five (5) year terms, substantially on the terms set out in Appendix "A2" and Confidential Attachment 1 to the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, and such other terms as may be acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

3.         City Council authorize the Chief Corporate Officer or his or her designate to administer and manage the licence agreements, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

 

4.          City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management following execution of the licence agreements with both Hero Certified Burgers and Cashew and Clive.

 

Confidential Attachment 1 to the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to a proposed or pending acquisition or sale of land for municipal or local board purposes.  Confidential Attachment 1 will be made public following the execution of the licence agreements with both Hero Certified Burgers and Cashew and Clive.

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes

Background Information (Committee)

(January 31, 2013) Report and Appendices A1, A2, B1 and B2 from the Chief Corporate Officer and the Director, Purchasing and Materials Management, on Award - Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and Seasonal Food Services at the Concession Building at Nathan Phillips Square
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-56125.pdf
(January 31, 2013) Confidential Attachment 1 on Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and a Seasonal Food Service Concession at Nathan Phillips Square

Communications (City Council)

(April 2, 2013) Submission from Councillor Wong-Tam - articles headed "Freshii wants to run a Nathan Phillips Square restaurant so much so that it will donate the profits" and "Hero burgers aren't super enough for city hall: Toronto snubs chain's bid to operate Nathan Phillips eatery". (CC.New.GM20.12.1)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-35483.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Deputy Mayor Doug Holyday (Carried)

That City Council delete the Recommendations of the Government Management Committee and adopt instead the recommendations contained in the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management:

 

1.          City Council authorize the City to enter into a licence agreement with Angus Inc., operating as Hero Certified Burgers, being the highest scoring proponent meeting the requirements of RFP No. 0613-12-0125, for the operation of a Year-Round Food Service Concession at Nathan Phillips Square Concession Building, for a five (5) year term with the City having the option to offer to extend for two (2) additional successive five (5) year terms, substantially on the terms set out in Appendix "A1" and Confidential Attachment 1, and such other terms as may be acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the City to enter into a licence agreement with Cashew and Clive Catering Corporation, being the highest scoring proponent meeting the requirements of RFP No. 0613-12-0125, for the operation of a Seasonal Food Service Concession at Nathan Phillips Square Concession Building, for seasonal periods during a five (5) year term, with the City having the option to offer to extend for two (2) additional successive five (5) year terms, substantially on the terms set out in Appendix "A2" and Confidential Attachment 1, and such other terms as may be acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

3.         City Council authorize the Chief Corporate Officer or his or her designate to administer and manage the licence agreements, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

 

4.         City Council authorize the public release of the confidential information contained in Confidential Attachment 1 of this report following execution of the licence agreements with both Hero Certified Burgers and Cashew and Clive.

Vote (Adopt Item as Amended) Apr-03-2013 7:14 PM

Result: Carried Majority Required - GM20.12 - Holyday - motion 1
Total members that voted Yes: 22 Members that voted Yes are Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 16 Members that voted No are Paul Ainslie, Maria Augimeri, Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Mary Fragedakis, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are Raymond Cho, John Filion, Paula Fletcher, Mark Grimes, Giorgio Mammoliti, Josh Matlow, Denzil Minnan-Wong

2 - Motion to Amend Item moved by Councillor Shelley Carroll (Redundant)

That City Council amend Government Management Committee Recommendation 5 by adding the following words "such report to include a proposal to provide proponents the ability to express an interest in design, building and operating both the year round concession and the future sit-down restaurant" so that the recommendation now reads:

 

5.         City Council direct the Director, Real Estate Services, the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the appropriate staff from Toronto Employment and Social Services to identify strategic partners including culinary teaching institutions to potentially operate a unique Year Round Food Service Concession which will serve food and beverages that will support the City's Collaboration for Competitiveness Strategic Plan to Accelerate Economic Growth and Job Creation in Toronto by facilitating workforce development to ensure equitable opportunities for all residents, an adequate supply of qualified labour to support economic growth and reduce social support service costs to the City and to report back to Government Management Committee, such report to include a proposal to provide proponents the ability to express an interest in design, building and operating both the year round concession and the future sit-down restaurant.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2 by Councillor Carroll redundant due to the adoption of motion 1 by Deputy Mayor Holyday.

GM20.12 - Award - Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and Seasonal Food Services at the Concession Building at Nathan Phillips Square

Decision Type:
ACTION
Status:
Amended
Ward:
27 - Toronto Centre-Rosedale

Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes

Committee Recommendations

The Government Management Committee recommends that:

 

1.         City Council direct the Chief Corporate Officer and the Director of Purchasing and Materials Management Division to cancel the Request for Proposal No. 0613-12-0125 for the Year Round Food Service Concession at Nathan Phillips Square.
  

2.         City Council authorize the City to enter into a licence agreement with Cashew and Clive Catering Corporation, being the highest scoring proponent meeting the requirements of RFP No. 0613-12-0125, for the operation of a Seasonal Food Service Concession at Nathan Phillips Square Concession Building, for seasonal periods during a five (5) year term, with the City having the option to offer to extend for two (2) additional successive five (5) year terms, substantially on the terms set out in Appendix "A2" and Confidential Attachment 1 to the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, and such other terms as may be acceptable to the Chief Corporate Officer,  and in a form acceptable to the City Solicitor.

 

3.         City Council authorize the Chief Corporate Officer or his or her designate to administer and manage the licence agreements, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

 

4.         City Council authorize the public release of the confidential information contained in Confidential Attachment 1 of the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, with the exception of information about the year-round food service concession, following execution of the licence agreement with Cashew and Clive.

 

5.         City Council direct the Director of Real Estate Services, the Chief Corporate Officer, the General Manager of Economic Development and Culture, and the appropriate staff from Toronto Employment and Social Services to identify strategic partners including culinary teaching institutions to potentially operate a unique Year Round Food Service Concession which will serve food and beverages that will support the City's Collaboration for Competitiveness Strategic Plan to Accelerate Economic Growth and Job Creation in Toronto by facilitating workforce development to ensure equitable opportunities for all residents, an adequate supply of qualified labour to support economic growth and reduce social support service costs to the City and to report back to Government Management Committee.

Decision Advice and Other Information

The Government Management Committee recessed its public session and met in closed session to consider confidential information on this item as it relates to a proposed or pending disposition of land by the City or one of its agencies or corporations.

Origin

(January 31, 2013) Report from the Chief Corporate Officer and the Director, Purchasing and Materials Management

Summary

The purpose of this report is to provide information on the results of Request for Proposal (RFP) No. 0613-12-0125 for the selection of qualified and experienced food service provider(s) to operate a Year Round Food Service Concession and a Seasonal Food Service Concession located in the newly designed concession building at Nathan Phillips Square.  This report requests authority to enter into separate licence agreements with each of the recommended proponents, Angus Inc. (also referred to in this report as "Hero Certified Burgers") for the Year Round Food Service Concession and Cashew and Clive Catering Corporation (also referred to in this report as "Cashew and Clive") for the Seasonal Food Service Concession, each for a five (5) year term, with the option to extend for two (2) additional successive five (5) year terms, being the highest scoring proponents.

Background Information

(January 31, 2013) Report and Appendices A1, A2, B1 and B2 from the Chief Corporate Officer and the Director, Purchasing and Materials Management, on Award - Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and Seasonal Food Services at the Concession Building at Nathan Phillips Square
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-56125.pdf
(January 31, 2013) Confidential Attachment 1 on Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and a Seasonal Food Service Concession at Nathan Phillips Square

Speakers

Councillor Kristyn Wong-Tam

Motions

1 - Motion to Meet in Closed Session moved by Councillor Paul Ainslie (Carried)

11:50 a.m. - That the Government Management Committee recess its public session to meet in closed session to consider Item GM20.12 “Award - Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and Seasonal Food Services at the Concession Building at Nathan Phillips Square”, as the matter relates to a proposed or pending disposition of land by the City or one of its agencies or corporations.


2 - Motion to Meet in Closed Session moved by Councillor Paul Ainslie (Carried)

1:38 p.m. - That the Government Management Committee recess its public session to meet in closed session to consider Item GM20.12 “Award - Request for Proposal (RFP) No. 0613-12-0125 Operation of Year Round and Seasonal Food Services at the Concession Building at Nathan Phillips Square”, as the matter relates to a proposed or pending disposition of land by the City or one of its agencies or corporations.


3a - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That Recommendations 1 and 4 in the report (January 13, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, be deleted and replaced with the following:

 

"1.        City Council direct the Chief Corporate Officer and the Director of Purchasing and Materials Management Division to cancel the Request for Proposal No. 0613-12-0125 for the Year Round Food Service Concession at Nathan Phillips Square.
  

4.         City Council authorize the public release of the confidential information contained in Confidential Attachment 1 of the report (January 31, 2013) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, with the exception of information about the year-round food service concession, following execution of the licence agreement with Cashew and Clive."

 

Vote (Amend Item) Feb-25-2013

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Paul Ainslie (Chair), Vincent Crisanti, Mary Fragedakis, Pam McConnell
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Doug Ford

3b - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That City Council direct the Director of Real Estate Services, the Chief Corporate Officer, the General Manager of Economic Development and Culture, and the appropriate staff from Toronto Employment and Social Services to identify strategic partners including culinary teaching institutions to potentially operate a unique Year Round Food Service Concession which will serve food and beverages that will support the City's Collaboration for Competitiveness Strategic Plan to Accelerate Economic Growth and Job Creation in Toronto by facilitating workforce development to ensure equitable opportunities for all residents, an adequate supply of qualified labour to support economic growth and reduce social support service costs to the City and to report back to Government Management Committee.

Vote (Amend Item (Additional)) Feb-25-2013

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Paul Ainslie (Chair), Vincent Crisanti, Mary Fragedakis, Pam McConnell
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Doug Ford

4 - Motion to Adopt Item as Amended moved by Councillor Paul Ainslie (Carried)

Vote (Adopt Item as Amended) Feb-25-2013

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Paul Ainslie (Chair), Vincent Crisanti, Mary Fragedakis, Pam McConnell
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Doug Ford
Source: Toronto City Clerk at www.toronto.ca/council