Item - 2017.PW20.4

City Council on April 26, 27 and 28, 2017, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 29, 2017) from the City Solicitor, the General Manager, Solid Waste Management Services, the Chief Purchasing Officer and Director of Purchasing and Materials Management and the Deputy City Manager and Chief Financial Officer.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (March 29, 2017) from the City Solicitor, the General Manager, Solid Waste Management Services, the Chief Purchasing Officer and Director of Purchasing and Materials Management and the Deputy City Manager and Chief Financial Officer.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 2017) from the City Solicitor, the General Manager, Solid Waste Management Services, the Chief Purchasing Officer and Director of Purchasing and Materials Management and the Deputy City Manager and Chief Financial Officer, remain confidential as it relates to litigation or potential litigation and it contains advice or communications that are subject to solicitor-client privilege.

4. City Council authorize the appropriate City staff to execute any documentation necessary to implement City Council's decision.

The following confidential recommendations contained in Confidential Attachment 1 to the report (March 29, 2017) from the City Solicitor, the General Manager, Solid Waste Management Services, the Chief Purchasing Officer and Director of Purchasing and Materials Management and the Deputy City Manager and Chief Financial Officer were adopted by City Council and are now public:

1. City Council approve a settlement of the disputes between Canada Fibers Ltd. (CFL) and the City substantially in accordance with the Minutes of Settlement found in Appendix A to Confidential Attachment 1 to the report (March 29, 2017) from the City Solicitor, the General Manager, Solid Waste Management Services, the Chief Purchasing Officer and Director of Purchasing and Materials Management and the Deputy City Manager and Chief Financial Officer.

2. City Council authorize a net zero amendment of the 2017 Operating Budget for Solid Waste Management Services in order to accommodate the proposed contract amendments by reducing the 2017 contribution to the Waste Management Reserve Fund and increasing the 2017 expenditure budget for contracted services by $7.016 million.

3. City Council, in accordance with Section 71-11.1 C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), amend Contract No. 47017448 with Canada Fibers Ltd. for Single Stream Recyclable Materials (Blue Bin Recyclables) Processing Services, awarded under Request for Proposal (RFP) 9150-11-3066 by an additional amount of $49,335,445 (net of HST recoveries, including two (2) option years), revising the contract value from $185,159,000 (net of HST recoveries, including all option years) to $234,494,445 (net of HST recoveries, including two (2) option years).

4. City Council, in accordance with Section 71-11.1 C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), amend Contract No. 47018726 with Canada Fibers Ltd. for Single Stream Recyclable Materials (Blue Bin Recyclables) Processing Services, awarded under Request for Proposal (RFP) 9150-14-3007 by an additional amount of $48,443,624 (net of HST recoveries, including two (2) option years), revising the contract value from  $167,514,000 (net of HST recoveries, including two (2) option years) to $215,957,624 (net of HST recoveries, including two (2) option years).

5. City Council authorize the General Manager, Solid Waste Management Services to enter into an agreement with 2cg Inc. (or another independent auditor acceptable to both parties) for auditor oversight services not to exceed $1,272,000 (net of HST recoveries) for a period not to go beyond December 31, 2023.

The balance of Confidential Attachment 1 to the report (March 29, 2017) from the City Solicitor, the General Manager, Solid Waste Management Services, the Chief Purchasing Officer and Director of Purchasing and Materials Management and the Deputy City Manager and Chief Financial Officer remains confidential as it relates to litigation or potential litigation and it contains advice or communications that are subject to solicitor-client privilege.