Item - 2021.IE25.5

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and enter into a non-competitive agreement with Forests Ontario, for the supply and delivery of 197,045 source-identified native trees and shrubs over a 10-year period (2022-2031) through the Tree Seed Diversity Program, in the amount of $3,329,892 excluding all taxes and charges ($3,388,498 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

The purpose of this report is to request City Council approval for the General Manager, Parks, Forestry and Recreation to negotiate and enter into a non-competitive agreement with Forests Ontario for the supply and delivery of 197,045 native source-identified trees and shrubs over a period of ten years through the Tree Seed Diversity Program. The agreement is in the amount of $3,329,892 excluding all taxes and charges ($3,388,498 net of Harmonized Sales Tax recoveries).

The Tree Seed Diversity Program will secure source-identified native plant material for Urban Forestry's natural area planting programs, including community planting and restoration planting in parks, ravines and Environmentally Significant Areas. Planting source-identified trees and shrubs will improve genetic diversity and support an ecosystem that is more resilient to climate change impacts, an important goal of both the Ravine Strategy and Strategic Forest Management Plan. This 10-year service agreement will include native seed forecasting, seed collection, tracking, monitoring and coordination with an Ontario nursery (or nurseries) to grow this plant material. A minimum contract period of 10 years is required to allow for development of stock forecasting, collection sources and services and to address the variability of species seed production to grow stock from seed to a size suitable for planting, ranging from 3 to 7 years.

The services provided by Forests Ontario cannot be obtained through the competitive procurement process due to the specialized knowledge, capacity and resources required to perform this work which is lacking in the market place. Forests Ontario has over 20 years of experience in the business of planning and managing tree seed collection and propagation of plant material in southern Ontario. Forests Ontario has also successfully provided the City with over 15,000 native source-identified trees since 2009.

City Council approval is required in accordance with Municipal Code Chapter 195 -Purchasing, where the current request exceeds the Chief Procurement Officer's authority of the cumulative five year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law and exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71-Financial Control, section 71-11(A).