Item - 2022.CC47.4

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

Delegated Authority for Procurement-Related Activities

1. In addition to the authority currently delegated by Municipal Code Chapter 195, Purchasing, City Council delegate authority to the City Manager to approve any non-competitive contract in an amount not to exceed $3 million, in accordance with the exceptions set out in Chapter 195, section 195-7.1 for non-competitive contracts, and under the condition that Council has provided funds in the operating or capital budget for that purpose.

2. In addition to the authority currently delegated by Municipal Code Chapter 71, Financial Control, City Council delegate authority to the City Manager to approve any over-expenditures of a commitment in an amount not to exceed $3 million provided that:

a. City Council has provided funds in the Operating or Capital Budget for that purpose or donated funds are provided pursuant to Chapter 71, Financial Control; and

b. sufficient funds remain in the capital project or program's total Operating Budget.

3. In addition to the authority currently delegated by Municipal Code Chapter 195, Purchasing, City Council delegate authority to the Bid Award Panel to award any operating contracts that are up to 10 years (inclusive of any option years) provided that the pre-conditions to an award by the Bid Award Panel as set out in section 195-8.2 A and B are met.

Capital and Operating Budget Adjustments

4. In addition to authority currently delegated by Municipal Code Chapter 71, Financial Control, City Council delegate authority to the Chief Financial Officer and Treasurer to approve the following budget adjustments, provided that sufficient budgets and funds are available to reallocate:

a. budgets between capital projects or sub-projects in an amount of not more than $5 million; and

b. operating budgets in an amount of not more than $1 million, including associated changes to service levels and complement.

5. City Council delegate authority to the City Manager and the Chief Financial Officer and Treasurer to amend the Shelter, Support and Housing Administration 2022 Approved Operating Budget by an amount up to $30 million, should it be required to respond to urgent demands for increased shelter capacity including in response to COVID-19 and/or increased refugee claimant arrivals with reimbursement to be sought from the federal and provincial governments.

Intergovernmental and Third Party Funding Opportunities/Agreements

6. City Council delegate authority to the Chief Financial Officer and Treasurer to amend the Approved 2022 Operating and Capital Budgets for City Programs to receive new time-sensitive provincial and/or federal funding to be used in 2022 and to adjust associated budgets, service levels and complement in order to commence spending and reflect any necessary changes in an amount that may exceed the value identified in Part 2 above, including but not limited to any funding associated with response to and recovery from COVID-19.

7. City Council authorize the City Manager in consultation with the Chief Financial Officer and Treasurer to take actions as required to preserve the City's ability to secure intergovernmental or other third party funding opportunities that may arise, including entering into any necessary agreements with other orders of government or third parties to receive such funding.

8. In addition to the authority delegated by City Council in Item CD24.7 adopted by City Council on December 5, 6, 7 and 8, 2017, City Council delegate authority to the General Manager, Shelter, Support and Housing Administration to enter into new or amend existing agreements, other than leases or other property transaction documents for which delegated authority has been granted to Corporate Real Estate Management, to open/relocate and operate shelter, shelter hotel and 24-hour respite sites to respond to urgent and unanticipated needs, including entering into any agreements or contracts for related support services, on terms and conditions satisfactory to the General Manager, Shelter, Support and Housing Administration and the Deputy City Manager, Community and Social Services, and in a form satisfactory to the City Solicitor, providing there is available and sufficient funding to the satisfaction of the Chief Financial Officer and Treasurer.

9. City Council delegate authority to the City Manager to negotiate and execute Construction Agreements and Construction Management Agreements to negotiate, enter and execute fundraising and collaboration agreements, and to negotiate and enter into sponsorship agreements when the City wishes to sponsor an event or program aligned with City priorities, providing there are no additional net financial impacts to the City.

10. City Council delegate authority to the City Manager to waive permit fees under Municipal Code Chapter 441, Fees and Charges for non-profit organizations undertaking programming or activities aligned with City priorities including but not limited to the Reconciliation Action Plan, food banks, public health services such as vaccination clinics, or other social service or emergency needs as required.

11. City Council delegate authority to the City Manager to negotiate and execute nominal fee licence agreements for terms not longer than one year, with non-profit organizations undertaking programming or activities aligned with City priorities including but not limited to the Reconciliation Action Plan, food banks, public health services such as vaccination clinics, or other social service or emergency needs as required.

Receipt and Expenditure of Donations

12. City Council delegate authority to the City Manager to accept and spend donations which exceed the limit of $50,000 (as per the Donations Policy) only if the receiving Program has the capacity to meet the initial or ongoing costs and obligations associated with the donation and to accept and spend sponsorships which exceed the limit of $500,000 (as per the Sponsorship Policy).

Eco-Roof Incentive Program Applications

13. City Council delegate authority to the Deputy City Manager, Corporate Services and the Chief Financial Officer and Treasurer to approve Eco-Roof Incentive Program applications that exceed funding maximums of $50,000 for cool roof projects and $100,000 for green roof projects up to a maximum of $500,000 in total, providing there is available funding within the Eco-Roof Reserve Fund to meet all grant obligations and operating requirements.

Real Estate and Property Acquisitions/Leases

14. In addition to the authority currently delegated by Municipal Code Chapter 213, Real Property, City Council delegate to the City Manager authority to approve real estate transactions to an upper financial limit of $50 million, where such transaction is for housing, shelter, transit purposes, critical capital infrastructure projects, or another time sensitive proposal, providing there is available funding.

15. In addition to the authority currently delegated by Municipal Code Chapter 213, Real Property, City Council delegate to the Deputy City Manager, Corporate Services, in consultation with the Executive Director, Social Development, Finance and Administration and/or the Division Head responsible for the proposed tenants' programs, authority to approve initial Community Space Tenancy leases with new tenants who do not already occupy space pursuant to the Community Space Tenancy Policy or the Below Market Rent Policy, provided the tenant meets the criteria of the Community Space Tenancy Policy and that any financial implications have been included in the 2022 Council Approved Budgets for the relevant divisions.

16. In addition to the authority currently delegated by Municipal Code Chapter 71, Financial Control, and Chapter 195, Purchasing, City Council delegate authority to the City Manager to amend Purchase Order number 6048942, issued to Buttcon Limited/Atlas Corporation Joint Venture for the construction of the new St. Lawrence Market North Building in the additional amount in an amount not exceeding $5,000,000 (net of all applicable taxes), as a result of changes to the design scope requested by Court Services that were mandated by the Ontario Court of Justice, as identified and adopted in Item 2022.GL22.14.

Pipelines

17. City Council delegate authority to the Deputy City Manager, Infrastructure and Development Services to:

a. instruct the City Solicitor to seek intervenor status and participate as required in applications made to the National Energy Board to abandon decommissioned pipelines, where the Deputy City Manager,  Infrastructure and Development Services, determines that an intervention is needed to protect the City's interests; and

b. enter into agreements and provide consents or directions concerning the abandonment or removal of pipelines underlying City roads.

Applications to the Ontario Energy Board

18. City Council delegate authority to the City Manager to instruct the City Solicitor to seek intervenor status and participate as required in third-party applications to the Ontario Energy Board or to participate in consultations and stakeholder engagements on policy initiatives initiated by the Ontario Energy Board, where the City Manager determines, after consultation with the Chief Financial Officer and Treasurer and any impacted Divisions, that such intervention or participation is needed to protect or advance the City's interests.

Attendance at Hearings on Appeals of Committee of Adjustment

19. City Council direct the City Solicitor to attend hearings on appeals of Committee of Adjustment decisions or to appeal a Committee of Adjustment decision on behalf of the City of Toronto at the request of the Chief Planner and Executive Director, City Planning, or their designate, after consultation with the Ward Councillor and the City Solicitor (with the exception that during the period from August 1, 2022 to the day after Voting Day 2022, inclusive, the delegation shall be to the Chief Planner and Executive Director, City Planning, or their designate, after consultation with the City Solicitor); the delegation shall include the authority to direct appropriate City staff to attend the hearing and for the City Solicitor to retain outside consultants as necessary; and the City Solicitor shall be authorized to take all steps necessary to bring resolution to the matter in consultation with the Chief Planner and Executive Director, City Planning.

Arbitration of Contractual Claims; Payment of Arbitration Award Amounts; and Entering into Settlements of Contractual and Expropriations Act Claims 

20. In addition to the authority currently delegated by Municipal Code Chapter 71, Financial Control and the authority currently delegated to the City Solicitor, in consultation with the responsible operating Division Head, Deputy City Manager or the City Manager, to submit contractual disputes of $500,000 or less to arbitration, City Council delegate authority to the City Solicitor and the responsible operating Division Head, Deputy City Manager or the City Manager to agree to arbitration of contractual disputes, on such terms as are acceptable to the City Solicitor and the responsible operating Division Head, Deputy City Manager, or the City Manager.

21. City Council direct that the authority to agree to arbitration includes the authority to execute agreements regarding the terms under which any arbitration shall be conducted, including appeal rights or that the arbitration award be final and binding, and the authority to discontinue or settle such arbitrations where it is concluded by the City Solicitor and the responsible operating Division Head, Deputy City Manager, or the City Manager that it is reasonable to do so.

22. In addition to the authority currently delegated by Municipal Code Chapter 71, Financial Control and the authority currently delegated to the City Solicitor to settle any legal action for any claim where the amount to be recovered, exclusive of interest or costs, is $500,000 or less, City Council delegate authority to the City Solicitor and the responsible operating Division Head, Deputy City Manager, or the City Manager to settle any contractual disputes on such terms as are acceptable to the City Solicitor and the responsible operating Division Head, Deputy City Manager, or the City Manager.

23. City Council direct that the authority to settle claims contained in Part 22 above include authority to settle claims even where no formal legal action has been commenced and to execute any documents in furtherance thereof.

24. In addition to authority currently delegated by Municipal Code Chapter 71, Financial Control, City Council delegate authority to the Chief Financial Officer and Treasurer, in consultation with the City Manager and operating Division Head or Deputy City Manager, to approve budget adjustments to satisfy any arbitration award or settlement reached pursuant to the authority contained in Parts 21 and 22 above, providing there is available funding.

25. City Council delegate to the City Solicitor, in consultation with appropriate City, Agency, Board and Commission officials, as the case may be, the authority to settle claims under the Expropriations Act, provided that funds have been provided in an operating or capital budget.

Site Plan Applications/Ontario Land Tribunal Appeals

26. Where a Ward Councillor has in writing requested the Chief Planner and Executive Director, City Planning to submit a site plan application to the appropriate Community Council and City Council for approval, City Council re-delegate to the Chief Planner and Executive Director, City Planning, or their designate, the authority to approve such site plan application or, where there is an appeal to the Ontario Land Tribunal of such site plan application, the authority to instruct the City Solicitor on what position to take at the Ontario Land Tribunal.

Agreements with First Nations re: Archeological Assessments

27. Council authorize Division Heads managing required archaeological assessments for City-led projects for which there is a pending or forthcoming request for an agreement regarding First Nations participation to negotiate and enter into an appropriate agreement on terms and conditions acceptable to the Division Head and in a form satisfactory to the City Solicitor.

Application to Ontario Ministry of Labour, Training and Skills Development for Qualification for Service System Managers

28. City Council delegate authority to the City Manager to instruct the General Manager, Toronto Employment and Social Services to submit an application to the Ontario Ministry of Labour, Training and Skills Development’s forthcoming Request for Qualification for Service System Managers for managing the delivery of employment services in the Toronto area, which application may be a joint application with another organization, municipality or municipal service delivery organization, where the City Manager determines, in consultation with the General Manager, Toronto Employment and Social Services, that an application to the Request for Qualification is in the City’s interests.

Time Period and Reporting Back on Exercised Delegated Authorities

29. City Council direct that the delegated authorities in Parts 1 to 28 above be in effect immediately following the end of the City Council meeting on July 20, 2022 until the first scheduled regular City Council meeting of the new term, 2022-2026.

30. City Council direct the City Manager or designate to report to the appropriate standing committee in early 2023 on the exercise of any delegated authority in Parts 1 to 28 above.