Item - 2021.CC32.6
Tracking Status
- City Council adopted this item on May 5 and 6, 2021 without amendments.
CC32.6 - Award of Negotiated Request for Proposal Ariba Document 2305234907 to Various Suppliers for the Provision of Arboricultural Services at various City of Toronto locations
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on May 5 and 6, 2021, adopted the following:
1. City Council authorize the General Manager, Parks, Forestry and Recreation to enter into, and execute, an agreement with:
a. Ontario Line Clearing an Tree Experts Incorporated, for the provision of Forestry Operations, By-law Enforcement, Stumping / Fill and Seed by Ward Hourly, Stumping / Fill and Seed Unit Rate, and Newly Planted Tree Maintenance as defined in the Negotiated Request for Proposal, document number 2305234907, for a period of two (2) years, in the amount of $15,739,869 net all applicable taxes and charges ($17,786,052 including Harmonized Sales Tax nd all applicable charges and $16,016,891 net of Harmonized Sales Tax recoveries), based on the terms and conditions set out in the Negotiated Request for Proposal that are in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor;
b. W.M Weller Tree Service Limited, for the provision of Forestry Operations, By-law Enforcement and Newly Planted Tree Maintenance as defined in the Negotiated Request for Proposal, for a period of two (2) years, in the amount of $13,825,044 net all applicable taxes and charges ($15,622,300 including Harmonized Sales Tax and all applicable charges and $14,068,365 net of Harmonized Sales Tax recoveries) based on the terms and conditions set out in the Negotiated Request for Proposal that are in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor;
c. Davey Tree Expert Company of Canada for the provision of Area Street Tree Maintenance as defined in the Negotiated Request for Proposal, for a period of two (2) years, in the amount of $5,078,851 net all applicable taxes and charges ($5,739,101 including Harmonized Sales Tax and all applicable charges and $5,168,238 net of Harmonized Sales Tax recoveries) based on the terms and conditions set out in the Negotiated Request for Proposal that are in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor;
d. Asplundh Canada ULC for the provision of Forestry Operations as defined in the Negotiated Request for Proposal, for a period of two (2) years, in the amount of $4,905,984 net all applicable taxes and charges ($5,543,762 including HST and all applicable charges and $4,992,329 net of Harmonized Sales Tax recoveries) based on the terms and conditions set out in the Negotiated Request for Proposal that are in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor; and
e. Tree Doctors for the provision of Stumping / Fill and Seed Unit rate as defined in the Negotiated Request for Proposal, for a period of two (2) years, in the amount of $863,241 net all applicable taxes and charges ($975,462 including HST and all applicable charges and $878,434 net of Harmonized Sales Tax recoveries) based on the terms and conditions set out in the Negotiated Request for Proposal that are in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor.
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 6, 2021 to consider confidential information on this Item as it pertains to the receiving of advice that is subject to solicitor-client privilege.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-166407.pdf
(April 16, 2021) Appendix 1 - Fairness Monitor Report
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-166408.pdf
Motions (City Council)
That City Council refer Recommendation 1c. to the City Manager
Recommendation to be referred
c. Davey Tree Expert Company of Canada for the provision of Area Street Tree Maintenance as defined in the NRFP, for a period of two (2) years, in the amount of $5,078,851 net all applicable taxes and charges ($5,739,101 including HST and all applicable charges and $5,168,238 net of HST recoveries) based on the terms and conditions set out in the NRFP that are in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor;
and City Council authorize the City Manager to either enter into the recommended contract or to take alternative action, after the following concurrent actions:
a. discussions with Davey Tree about the Auditor General's Reports (AU8.6 and AU2.4) and expectations about future performance, with reference to their undated letter to members of Toronto City Council emailed April 5, 2021;
b. consultation with the Office of the Lobbyist Registrar regarding potential violations of rules regarding lobbying during a procurement period and appropriate penalties, if any, in relation to their undated letter emailed April 5, 2021; and
c. consultation with the General Manager, Parks, Forestry and Recreation regarding other ways of doing the work assigned to this company, including the possibility of bringing some or all of the work in house.
Vote (Amend Item) May-06-2021 6:31 PM
| Result: Lost | Majority Required - CC32.6 - Filion - motion 1 |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Paul Ainslie, John Filion, Michael Ford, Mike Layton, Anthony Perruzza |
| Total members that voted No: 13 | Members that voted No are Ana Bailão, Mike Colle, Gary Crawford, Stephen Holyday, Cynthia Lai, Nick Mantas, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory |
| Total members that were Absent: 8 | Members that were absent are Brad Bradford, Shelley Carroll, Joe Cressy, Paula Fletcher, Mark Grimes, Josh Matlow, Denzil Minnan-Wong, Kristyn Wong-Tam |
Vote (Adopt Item) May-06-2021 6:32 PM
| Result: Carried | Majority Required - CC32.6 - Adopt the Item |
|---|---|
| Total members that voted Yes: 15 | Members that voted Yes are Paul Ainslie, Ana Bailão, Gary Crawford, Michael Ford, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that voted No: 3 | Members that voted No are Mike Colle, John Filion, Gord Perks |
| Total members that were Absent: 8 | Members that were absent are Brad Bradford, Shelley Carroll, Joe Cressy, Paula Fletcher, Mark Grimes, Josh Matlow, Denzil Minnan-Wong, Kristyn Wong-Tam |
Councillor Holyday, on a Point of Order, stated that, because item CC32.6 deals with an active procurement, City Council may want to protect its rights/interest during the procurement process and that Councillor Filion may have questions of the City Solicitor or the Chief Procurement Officer that should be asked in closed session.
Councillor Filion, on a Point of Order, stated that as long as his motion can be moved in public, that did not require a Closed Session.
Speaker Nunziata further requested the City Solicitor to advise if she had read Councillor Filion's proposed motion and whether it was a public motion. The City Solicitor advised City Council that she was familiar with the motion and that she had some hesitation, but that she did not see a reason for it to be confidential.
Councillor Filion, on Point of Order, stated that if the City Solicitor wished to express something in closed session, City Council should meet in closed session.
Councillor Holyday, on a Point of Order, stated that he believed that there were questions that could reasonably be considered subject to Solicitor-Client privilege or legal advice and that if Councillor Filion wants to ask those questions, City Council should meet in closed session.