Item - 2022.MM42.46

Tracking Status

MM42.46 - Aligning City Procurement with Federal Sanctions - by Mayor John Tory, seconded by Councillor Mike Layton

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on April 6 and 7, 2022 adopted the following:

 

1. City Council amend Chapter 195, Purchasing to incorporate Sanctions into the Supplier Code of Conduct, as follows:

 

a. amend 195-2.1. Definitions to add: "SANCTIONS - Economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the Federal Government of Canada."; and

 

b. amend 195-13.12. Disqualification of suppliers for non-compliance to add the underlined text:

 

A. Suppliers shall be required to certify compliance with the Supplier Code of Conduct as set out in Article 13 of this chapter with their bid and verify compliance prior to award. Any contravention of the Supplier Code of Conduct by a supplier, including any failure to disclose potential conflicts of interest or unfair advantages, and failure to disclose Sanctions imposed by the Federal Government of Canada, may be grounds for the Chief Procurement Officer to disqualify a supplier from being awarded a contract.

 

B. The Chief Procurement Officer, in consultation with the City Solicitor, may also disqualify any supplier who may otherwise have an unfair advantage or conflict of interest that cannot be resolved in relation to any procurement.

 

C. A contravention of the Supplier Code of Conduct may also be grounds for the division head to terminate any contract awarded to that supplier and require the return of any advance payments.

 

c. add a new section 195-13.15. Sanctions as follows:

 

A. A supplier shall disclose if they, an Affiliated Person or if anyone who has an ownership interest in the supplier have been Sanctioned by the Federal Government of Canada.

 

B. A supplier shall be deemed ineligible for an award while the Sanctions are in place against the named supplier or individual, an Affiliated Person or anyone who has an ownership interest in the supplier, unless otherwise approved by Council.

Background Information (City Council)

Motions (City Council)

Motion to Introduce Motion without Notice moved by Mayor John Tory (Carried)

That Mayor John Tory be permitted to add to the agenda of today's meeting an urgent Motion without Notice concerning:

 

Aligning City Procurement with Federal Sanctions

 

Reason for Urgency:

 

This Motion is urgent as the City must take actions to support the Ukrainian people and ensure we are not contributing to Russia's aggression in any way.


Motion to Adopt Item (Carried)

Vote (Adopt Item) Apr-07-2022 6:40 PM

Result: Carried Majority Required - MM42.46 - Adopt the Item
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, 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, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Shelley Carroll, Denzil Minnan-Wong, James Pasternak, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council