Item - 2017.GM20.7

Tracking Status

  • City Council adopted this item on May 24, 2017 with amendments.
  • This item was considered by Government Management Committee on May 1, 2017 and was adopted with amendments. It will be considered by City Council on May 24, 2017.

GM20.7 - Temporary Suspension of Four Seasons Site Development Ltd.

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 24, 25 and 26, 2017, adopted the following:

 

1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, from the date of Council's decision until February 8, 2020.

 

2.  City Council declare any affiliated person of Four Seasons Site Development Ltd., as defined in Chapter 195, to be ineligible to bid on or be awarded City of Toronto tender calls for the same period as set out in Part 1 above as a General Contractor or Sub-Contractor.

 

3.  City Council declare and direct that Four Seasons is ineligible to be awarded the contracts for:

 

a. Tender Call 122-2017, Permanent Repairs to Utility Cuts on Collector/Local Roads, Wards 8, 10, 23 North York District; 

 

b. Tender Call 123-2017, Permanent Repairs to Utility Cuts on  Collector /Local Roads, Wards 24, 33, 34 North York District; and

 

c. any other procurements between May 17, 2017 and City Council's consideration of the matter on May 24, 25 and 26, 2017 in respect of which Four Seasons is low bidder but which have not been awarded.

 

4.  City Council direct that Confidential Attachment 1 to the supplementary report (May 17, 2017) from the City Solicitor, the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Purchasing Official and Director, Purchasing and Material Management remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the supplementary report (May 17, 2017) from the City Solicitor, the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Purchasing Official and Director, Purchasing and Material Management remains confidential in its entirety indefinitely in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on May 25, 2017, to consider confidential information on this Item as it pertains to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation that affects the City of Toronto.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation that affects the City of Toronto

Background Information (Committee)

(April 25, 2017) Report from the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services and the Director, Purchasing and Materials Management on Temporary Suspension of Four Seasons Site Development Ltd.
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-103278.pdf
Attachments 1 - 10
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-103279.pdf
(April 12, 2017) Report from the Director, Purchasing and Materials Management on Temporary Suspension of Four Seasons Site Development Ltd. - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-103044.pdf

Background Information (City Council)

(May 17, 2017) Supplementary report from the City Solicitor, the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Purchasing Official and Director, Purchasing and Materials Manager (GM20.7a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-104005.pdf
Confidential Attachment 1

Communications (Committee)

(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Letter, Executive Summary and Attachment 1 (GM.Supp.GM.20.7.1 Part 1)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69006.pdf
(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Tab Attachments A to Z (GM.Supp.GM20.7.1 Part 2)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69007.pdf
(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Tab Attachments AA to KK (GM.Supp.GM20.7.1 Part 3)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69008.pdf
(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Tab Attachments LL to XX, and 2 (GM.Supp.GM20.7.1 Part 4)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69009.pdf
(March 30, 2017) Submission from Rohit Bansal, Four Seasons Site Development Ltd. (GM.Supp.GM20.7.2 )
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69010.pdf
(April 28, 2017) E-mail from Michelle Genttner, Folly Brewpub (GM.New.GM20.7.3)
(April 30, 2017) E-mail from Erella Ganon (GM.New.GM20.7.4)
(April 30, 2017) E-mail from Paola Giavedoni, The Candy Bar (GM.New.GM20.7.5)
(April 30, 2017) E-mail from Jag Kaur Bhattal (GM.New.GM20.7.6)

Communications (City Council)

(May 2, 2017) E-mail from William Kwan (CC.Main.GM20.7.7)
(April 30, 2017) E-mail from Kim Harris (CC.Main.GM20.7.8)
(April 30, 2017) E-mail from Rachael Frankford (CC.Main.GM20.7.9)
(May 6, 2017) E-mail from Lori Waserman (CC.Main.GM20.7.10)

Motions (City Council)

Report of Committee of the Whole

May 25, 2017 at 10:09 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item GM20.7 headed "Temporary Suspension of Four Seasons Site Development Ltd." No motions were placed in the closed session. Council would conduct the public debate on this Item on Friday, May 26, 2017.


1a - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That City Council adopt the following recommendations contained in the supplementary report (May 17, 2017) from the City Solicitor, the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Purchasing Official and Director, Purchasing and Materials Management [GM20.7a]:

 

1.  City Council declare and direct that, if suspended, Four Seasons is ineligible to be awarded the contracts for:

 

a. Tender Call 122-2017, Permanent Repairs to Utility Cuts on Collector/Local Roads, Wards 8, 10, 23 North York District; 

 

b. Tender Call 123-2017, Permanent Repairs to Utility Cuts on  Collector /Local Roads, Wards 24, 33, 34 North York District; and

 

c. Any other procurements between the date of this report and Council's consideration of the matter on May 24, 25 and 26, 2017 in respect of which Four Seasons is low bidder but which have not been awarded.

 

2.  Council direct that Confidential Attachment 1 remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

Vote (Amend Item (Additional)) May-26-2017 5:42 PM

Result: Carried Majority Required - GM20.7 - Ainslie - motion 1a
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Josh Colle, Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio
Total members that were Absent: 11 Members that were absent are Shelley Carroll, Vincent Crisanti, Glenn De Baeremaeker, Paula Fletcher, Mary Fragedakis, Mark Grimes, Denzil Minnan-Wong, James Pasternak, David Shiner, Michael Thompson, John Tory

Vote (Amend Item (Additional)) May-26-2017 5:43 PM

Result: Carried Majority Required - GM20.7 - Ainslie - motion 1a - REVOTE
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio
Total members that were Absent: 9 Members that were absent are Shelley Carroll, Glenn De Baeremaeker, Mary Fragedakis, Mark Grimes, Denzil Minnan-Wong, James Pasternak, David Shiner, Michael Thompson, John Tory

Motion to Reconsider Vote moved by Councillor Paul Ainslie (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 1a by Councillor Ainslie.


1b - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That City Council amend Government Management Committee Recommendation 1 by deleting the words "for a total period of three (3) years from the date Council approves these recommendations" and inserting the words "from the date of Council's decision until February 8, 2020" so that it now reads as follows:

 

1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, from the date of Council's decision until February 8, 2020.

Vote (Amend Item) May-26-2017 5:44 PM

Result: Carried Majority Required - GM20.7 - Ainslie - motion 1b
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio
Total members that were Absent: 9 Members that were absent are Shelley Carroll, Glenn De Baeremaeker, Mary Fragedakis, Mark Grimes, Denzil Minnan-Wong, James Pasternak, David Shiner, Michael Thompson, John Tory

2 - Motion to Defer Item moved by Councillor Jim Karygiannis (Lost)

That City Council defer consideration of the Item until the City Solicitor has reported on the court case.

Vote (Defer Item) May-26-2017 5:20 PM

Result: Lost Majority Required - GM20.7 - Karygiannis - motion 2 - Defer the item
Total members that voted Yes: 4 Members that voted Yes are Vincent Crisanti, Jim Karygiannis, Norman Kelly, Cesar Palacio
Total members that voted No: 29 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, John Tory
Total members that were Absent: 11 Members that were absent are John Campbell, Shelley Carroll, Glenn De Baeremaeker, Mary Fragedakis, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak, David Shiner, Michael Thompson, Kristyn Wong-Tam

Vote (Defer Item) May-26-2017 5:23 PM

Result: Lost Majority Required - GM20.7 - Karygiannis - motion 2 - Defer the item - REVOTE
Total members that voted Yes: 2 Members that voted Yes are Jim Karygiannis, Norman Kelly
Total members that voted No: 32 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, John Tory
Total members that were Absent: 10 Members that were absent are John Campbell, Shelley Carroll, Glenn De Baeremaeker, Mary Fragedakis, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak, Michael Thompson, Kristyn Wong-Tam

Motion to Reconsider Vote moved by Councillor Sarah Doucette (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on deferral motion 2 by Councillor Karygiannis.


3 - Motion to Amend Item moved by Councillor Cesar Palacio (Redundant)

That City Council amend Government Management Committee Recommendation 1 by deleting the words "three (3) years" and inserting the words "18 months" so that it now reads as follows:

 

1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, for a total period of 18 months from the date Council approves these recommendations.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 3 by Councillor Palacio redundant due to Council's adoption of motion 1b by Councillor Ainslie.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-26-2017 5:46 PM

Result: Carried Majority Required - GM20.7 - Adopt the item as amended
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Shelley Carroll, Glenn De Baeremaeker, Mary Fragedakis, Denzil Minnan-Wong, James Pasternak, David Shiner, Michael Thompson, John Tory

Motion to End Debate moved by Councillor Justin J. Di Ciano (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item GM20.7 and take the vote immediately.


Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege stated that he did not think Councillor Layton's comment was appropriate, and that the contractor in question did work in his Ward and it was well done.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and thanked Councillor Karygiannis for his comments.

GM20.7 - Temporary Suspension of Four Seasons Site Development Ltd.

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Government Management Committee recommends that:

 

1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, for a total period of three (3) years from the date Council approves these recommendations.

 

2.  City Council declare that any affiliated person of Four Seasons Site Development Ltd., as defined in Chapter 195, to be ineligible to bid on or be awarded City of Toronto tender calls for the same period as set out in Recommendation 1 as a General Contractor or Sub-Contractor.

Decision Advice and Other Information

The Government Management Committee recessed its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the security of the property belonging to the City or one of its agencies or corporations.

Origin

(April 25, 2017) Report from the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services and the Director, Purchasing and Materials Management

Summary

This report recommends that City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tenders for a period of three (3) years. 

 

This recommendation is based on having had to terminate Contract 16ECS-TI-11SP Sidewalk Construction and Streetscape Improvements on College Street based on egregious breaches of the contract by Four Seasons; and unsatisfactory performance by Four Seasons on Contract 16ECS-TI-11SP, Tender 144-2016 and Contract 16ECS-TI-18SP, Tender 165-2016, Watermain Replacement and Water Service Upgrades, Minor Arterial Road Resurfacing and Watermain Trench Restoration.

 

Four Seasons’ contract performance was unsatisfactory because it failed to comply with the Terms and Conditions contained in the Contracts and, as a result, received unsatisfactory evaluations from City staff under the City’s Contractor Performance Evaluation Procedure. Four Seasons' actions on these contracts demonstrated inadequate Contract management, unsatisfactory work performance and administration, lack of responsiveness, little effort to minimize disruptions to the public or City operations, and on one of the contracts, a risk to public safety.

 

Based on the above, the Director of Purchasing and Materials Management Division, under the authority delegated by section 195-13.14 of Chapter 195, Purchasing, of the Toronto Municipal Code, suspended Four Seasons from bidding on or being awarded any tenders for a period of six (6) months starting February 9, 2017.  Only City Council may suspend a contractor from Contract awards for unsatisfactory performance for a period of more than six (6) months.

   

This report provides further information on Four Season's contract performance and the Contractor Performance Evaluations it received for the contracts mentioned above to support the recommendation for a three year suspension of Four Seasons Site Development Ltd., and a review of possible alternatives to the proposed length of suspension as requested by Government Management Committee at its meeting of April 3, 2017, while considering item GM19.12 Temporary Suspension of Four Seasons Site Development Ltd.

Background Information

(April 25, 2017) Report from the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services and the Director, Purchasing and Materials Management on Temporary Suspension of Four Seasons Site Development Ltd.
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-103278.pdf
Attachments 1 - 10
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-103279.pdf
(April 12, 2017) Report from the Director, Purchasing and Materials Management on Temporary Suspension of Four Seasons Site Development Ltd. - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-103044.pdf

Communications

(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Letter, Executive Summary and Attachment 1 (GM.Supp.GM.20.7.1 Part 1)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69006.pdf
(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Tab Attachments A to Z (GM.Supp.GM20.7.1 Part 2)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69007.pdf
(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Tab Attachments AA to KK (GM.Supp.GM20.7.1 Part 3)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69008.pdf
(March 30, 2017) Submission from Michael I. Binetti, Affleck, Greene, McMurtry, LLP, on behalf of Four Seasons Site Development - Tab Attachments LL to XX, and 2 (GM.Supp.GM20.7.1 Part 4)
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69009.pdf
(March 30, 2017) Submission from Rohit Bansal, Four Seasons Site Development Ltd. (GM.Supp.GM20.7.2 )
https://www.toronto.ca/legdocs/mmis/2017/gm/comm/communicationfile-69010.pdf
(April 28, 2017) E-mail from Michelle Genttner, Folly Brewpub (GM.New.GM20.7.3)
(April 30, 2017) E-mail from Erella Ganon (GM.New.GM20.7.4)
(April 30, 2017) E-mail from Paola Giavedoni, The Candy Bar (GM.New.GM20.7.5)
(April 30, 2017) E-mail from Jag Kaur Bhattal (GM.New.GM20.7.6)

Speakers

Rohit Bansal, Chief Operating Officer, Four Seasons Site Development Ltd.
Steve Cote, Foreman, Four Seasons Site Development Ltd.
Cheryl Zammit, Project Co-ordinator, Four Seasons Site Development Ltd.
Shane Winsor, Foreman, Four Seasons Site Development Ltd.
Chris Chechek, Four Seasons Site Development Ltd.
Jose Medeiros
Mike Sinopoli, College Promenade Business Improvement Area
Denis Pires, Bairrada Churrasqueira
Julia Rapp, Rapp Optical
Grant MacPherson, Owner, Prairie Boy Bread
Julie Fass, Owner, Ziggy's At Home
Councillor Jim Karygiannis
Councillor Ana Bail„o
Councillor Mike Layton

Motions

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

1:40 p.m. - That the Government Management Committee recess its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the security of the property belonging to the City or one of its agencies or corporations.


2 - Motion to Amend Item moved by Councillor Pam McConnell (Redundant)

That:

 

1.  Recommendation 1 in the report be amended to read as follows:

 

"1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, from the date Council approves these recommendations until February 8, 2019, for a total period of two (2) years, followed by one year probation to February 8, 2020".

 

2.  The following additional recommendation be adopted:

 

2. City Council direct that the following be applied during the probation year:

     a.  Four Seasons be limited to bid on City of Toronto tender calls for contracts worth up to a maximum of $1.5 million;

     b. the appropriate city staff monitor the work performed by Four Seasons during the probation year; and

     c.  if the work done by Four Seasons falls below the City's "meets expectations" performance standard in the Contractor Performance Evaluation tool, then a further one year suspension be imposed.


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

That Recommendation 1 in the report be amended to read as follows:

 

"1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, for a total period of three (3) years from the date Council approves these recommendations."


4 - Motion to Adopt Item as Amended moved by Councillor Paul Ainslie (Carried)
Source: Toronto City Clerk at www.toronto.ca/council