Item - 2021.GL23.13
Tracking Status
- City Council adopted this item on June 8 and 9, 2021 with amendments.
- This item was considered by General Government and Licensing Committee on May 27, 2021. It is being forwarded to City Council without recommendations. It will be considered by City Council on June 8 and 9, 2021.
GL23.13 - Amendment to the Non-Competitive Blanket Contract Number 47023034 for the Provision of Portable Washrooms and Sinks in City of Toronto Parks
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on June 8 and 9, 2021, adopted the following:
1. City Council, in accordance with Section 71-11.1C of City of Toronto Municipal Code Chapter 71, Financial Control, authorize an amendment to Blanket Contract Number 47023034 with Nature's Call continually to rent up to 50 chemical portable toilets and sinks for parks with encampments for a one (1) year period from June 18, 2021 to June 17, 2022, with an option to renew the contract for an additional one (1) year period, in the amount of $2,877,437 net of Harmonized Sales Tax ($2,928,080 net of Harmonized Sales Tax recoveries), increasing the current contract value from $591,643.48 to $3,469,080.48 net of Harmonized Sales Tax.
2. City Council direct the General Manager, Parks, Forestry and Recreation, in collaboration with the Chief Procurement Officer, to ensure that portable washrooms and sinks installed in the City of Toronto's parks meet Crime Prevention Through Environmental Design principles and are fully accessible to all residents, including those living with disabilities.
City Council Decision Advice and Other Information
City Council considered Items CC34.1 and GL23.13 together.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2021/gl/bgrd/backgroundfile-166853.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2021/cc/comm/communicationfile-132625.pdf
Motions (City Council)
That:
1. City Council direct the General Manager, Parks, Forestry and Recreation and the Chief Procurement Officer to report to the General Government and Licensing Committee prior to the renewal for the second year of the contract, to seek authority for the renewal, if a second year is required.
That Councillor Filion be permitted to withdraw his motion 1.
Vote (Withdraw a Motion) Jun-08-2021 4:01 PM
| Result: Carried | Majority Required - GL23.13 - Filion - Withdraw motion 1 |
|---|---|
| Total members that voted Yes: 14 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mike Layton, Josh Matlow, James Pasternak, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam |
| Total members that voted No: 12 | Members that voted No are Shelley Carroll, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Nick Mantas, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Jaye Robinson, Michael Thompson, John Tory |
| Total members that were Absent: 0 | Members that were absent are |
That City Council adopt the following recommendation in the report (May 12, 2021) from the General Manager, Parks, Forestry and Recreation and the Chief Purchasing Officer:
1. City Council, in accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control) grant authority to amend Blanket Contract Number 47023034 with Nature's Call continually to rent up to 50 chemical portable toilets and sinks for parks with encampments for a one (1) year period from June 18, 2021 to June 17, 2022 with an option to renew the contract for an additional one (1) year period, in the amount of $2,877,437 net of HST ($2,928,080 net of HST recoveries), increasing the current contract value from $591,643.48 to $3,469,080.48, net of Harmonized Sales Tax.
Vote (Amend Item) Jun-08-2021 3:55 PM
| Result: Carried | Majority Required - GL23.13 - Ainslie - motion 2 |
|---|---|
| Total members that voted Yes: 19 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Gary Crawford, Joe Cressy, Paula Fletcher, Mark Grimes, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 7 | Members that voted No are Mike Colle, John Filion, Michael Ford, Stephen Holyday, Cynthia Lai, Denzil Minnan-Wong, Jaye Robinson |
| Total members that were Absent: 0 | Members that were absent are |
That City Council direct the General Manager, Parks Forestry and Recreation, in collaboration with the Chief Purchasing Officer, to ensure that portable washrooms and sinks installed in City of Toronto Parks meet Crime Prevention Through Environmental Design principles and be fully accessible to all residents, including those living with disabilities.
Vote (Amend Item) Jun-08-2021 4:09 PM
| Result: Carried | Majority Required - GL23.13 - Wong-Tam - motion 3 |
|---|---|
| Total members that voted Yes: 26 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 0 | Members that were absent are |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 2 by Councillor Ainslie.
Vote (Reconsider Vote) Jun-08-2021 4:08 PM
| Result: Lost | Two-Thirds Required - GL23.13 - McKelvie - motion 4 - Reconsider the vote on motion 2 |
|---|---|
| Total members that voted Yes: 12 | Members that voted Yes are Ana Bailão, Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, John Tory |
| Total members that voted No: 14 | Members that voted No are Paul Ainslie, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Paula Fletcher, Mike Layton, Nick Mantas, Josh Matlow, Gord Perks, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam |
| Total members that were Absent: 0 | Members that were absent are |
Councillor Holyday, on a Point of Order, stated that he thought the motion by Councillor Filion was material to the Item and should be voted on first as it seeks City Council authority for the second year of the contract.
Councillor Colle, on a Point of Order, stated that Councillor Filion's motion 1 was redundant as Councillor Ainslie's motion 2 had carried.
Councillor Filion, on a Point of Order, stated that his motion was redundant as Councillor Ainslie's motion 2 had carried.
Councillor Perks, on a Point of Order, stated that he would like to get advice from the City Clerk on the effect of Councillor Filion's motion 1 before voting on it, as it was moved before the staff recommendations were before Council. Councillor Perks further stated that Councillor Filion's remarks on his motion gave the impression of a one year contract however Council just voted on a two year contact and Councillor Filion's motion sets to reduce it and would like to get the City Clerk's advice.
The City Clerk advised Council that motion 2 by Councillor Ainslie is for a two year contract, one year plus an option to renew one additional year which is at the discretion of staff. The City Clerk further advised that if Councillor Filion's motion 1 is adopted, it will require staff to report to Committee before opting into the second year of the contract.
Councillor Filion, on a Point of Order, stated that he understands that regardless of what happens to his motion 1, motion 2 by Councillor Ainslie still stands.
The City Clerk advised Council that both motions can stand and if Councillor Filion's motion 1 is adopted, it in effect will amend Council's decision on motion 2 by Councillor Ainslie. The City Clerk further advised that the motions were voted on in this order as the Item was without recommendation from Committee and Councillor Filion's motion cannot be treated as an amendment as there were no motions on the floor. The City Clerk also advised that if Councillor Filion's motion is adopted it will place a condition on the exercise of the discretion contained in Councillor Ainslie's motion and if Councillor Filion's motion fails, there is no limit on the exercise of that discretion.
Mayor Tory, on a Point of Order, stated that he would like to vote on Councillor Filion's motion 1 as he would like staff to report back to Committee if they wish to exercise the second year of the contract.
Councillor Carroll, on a Point of Order, asked the Speaker to rule if it is in order for a Councillor to move a motion requesting a progress report at the midpoint of the contract if Council votes on approving the contract.
Councillor Holyday, on a Point of Order, stated he would like to reconsider the vote on motion 2 by Councillor Ainslie in consideration of the fact that Councillor Filion's motion has been withdrawn.
Councillor Fletcher, on a Point of Order, stated that her understanding is that the Item was forwarded without recommendations and if Council reconsiders the vote on motion 2 by Councillor Ainslie and the revote on motion 2 fails, then there would be no contract.
Councillor Holyday, on a Point of Order, asked the Speaker for a ruling on whether Council could give direction to change the washroom format to accessible washrooms as the contract contains a pricing structure.
Councillor Wong-Tam, on a Point of Order, stated that staff had provided her with information that they have made provisions for all accessible washrooms.
GL23.13 - Amendment to the Non-Competitive Blanket Contract Number 47023034 for the Provision of Portable Washrooms and Sinks in City of Toronto Parks
- Decision Type:
- ACTION
- Status:
- Without Recs
- Wards:
- All
Committee Recommendations
The General Government and Licensing Committee forwards the item to City Council without recommendation.
Origin
Summary
This report is to request the authority from the General Government and Licencing Committee to amend and increase the non-competitive Blanket Contract Number 47023034 with Nature's Call in the amount of $2,877,437 net of Harmonized Sales Tax ($2,928,080 net of Harmonized Sales Tax recoveries). This amendment will increase the total target value of the contract from $591,643.48 to a maximum of $3,469,080.48 net of Harmonized Sales Tax, and extend the contract validity date for a period one (1) year from June 18, 2021 to June 17, 2022 with the option to extend for an additional one (1) year period. This contract amendment will ensure the continuity of essential portable washrooms and sinks at high-needs park locations within the City of Toronto.
The General Government and Licensing Committee approval is required in accordance with Municipal Code Chapter 71, Financial Control, Section 71-11.1 as the value of the amendment exceeds the threshold of $500,000.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/gl/bgrd/backgroundfile-166853.pdf
Motions
That the General Government and Licensing Committee request the General Manager, Parks, Forestry and Recreation and the Chief Procurement Officer to bring forward a request to authorize the renewal for the second year on the contract to the General Government and Licensing Committee for approval if an extension of the contract is required.
Vote (Adopt Item as Amended) May-27-2021
| Result: Lost (tie) | Majority Required - Adopt the Item as amended |
|---|---|
| Total members that voted Yes: 3 | Members that voted Yes are Paul Ainslie (Chair), John Filion, Nick Mantas |
| Total members that voted No: 3 | Members that voted No are Stephen Holyday, Josh Matlow, Frances Nunziata |
| Total members that were Absent: 0 | Members that were absent are |