Agenda

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Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - January 8, 2024

Speakers/Presentations - The speakers list will be posted online at 8:30 a.m. on February 13, 2024.

Communications/Reports

The General Government Committee will hear an overview presentation by the Executive Director, Corporate Real Estate Management.

The Executive Director, Corporate Real Estate Management, the General Manager, Seniors Services and Long-Term Care, and the Chief Procurement Officer, Purchasing and Materials Management recommend that:

1. The General Government Committee, in accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), grants authority to the Executive Director, Corporate Real Estate Management, to amend contract number 47023917 by increasing its value by $3,735,000, net of all taxes and charges ($3,800,736 net of Harmonized Sales Tax recoveries) from $9,230,655 to $12,965,655 net of all taxes and charges ($13,193,851 net of Harmonized Sales Tax recoveries).

2. The General Government Committee, in accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), grants authority to the General Manager, Seniors Services and Long-Term Care to amend contract number 47023914 by increasing its value by $1,500,000, net of all taxes and charges ($1,526,400 net of Harmonized Sales Tax recoveries) increasing the contract value from $3,234,589 to $4,734,589, net of all taxes and charges ($4,817,918 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend blanket contracts 47023917 for Corporate Real Estate Management ("CREM") and 47023914 for Seniors Services and Long-Term Care ("SSLTC") with Ainsworth Inc. This amendment is required to ensure the continuity of critical Heating, Ventilation, and Air Conditioning ("HVAC") maintenance and repair services at various properties across the City. The request is to increase the current target value of two (2) blanket contracts by a total of $5,235,000 net of all taxes and charges ($5,327,136 net of Harmonized Sales Tax recoveries). 

The contract was awarded in 2021 as part of a Negotiated Request for Proposal Document Number 2738470765.

Higher than expected demand for Heating, Ventilation, and Air Conditioning system repairs and equipment replacement resulting from the age of the existing Heating, Ventilation, and Air Conditioning systems, coupled with the significant price inflation of manufactured Heating, Ventilation, and Air Conditioning parts, equipment, and supplies since 2021, are key factors driving this request for additional contract value for both Corporate Real Estate Management and Seniors Services and Long-Term Care. Specific to Seniors Services and Long-Term Care, long-term care homes are subject to updated legislation requiring critical building systems to be maintained and operational, resulting in additional maintenance and repair work, and equipment replacement. As a result of the aforementioned reasons, an amendment is requested to ensure service continuity for the duration of the contract term.

General Government Committee approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing 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, or 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 71-11.1.

The total value of the contract amendments identified in this report is $5,327,136 net of Harmonized Sales Tax recoveries. This revises the Corporate Real Estate Management contract value from $9,393,115 net of Harmonized Sales Tax recoveries to $13,193,851 net of Harmonized Sales Tax recoveries and the Seniors Services and Long-Term Care contract value from $3,291,518 net of Harmonized Sales Tax recoveries to $4,817,918 net of Harmonized Sales Tax recoveries.

Funding for the requested amendment to the contract is included in the 2024 Staff Prepared Operating Budget submissions of Corporate Real Estate Management and Seniors Services and Long-Term Care, and detailed in Table 1 below.

The Chief Financial Officer and Treasurer has been advised of the financial impacts associated with this amendment to be considered along with other priorities in future budget processes.

The Executive Director, Corporate Real Estate Management and the Chief Procurement Officer, recommend that:  

1. The General Government Committee grant authority to the Executor Director, Corporate Real Estate Management to amend Blanket Contract Number 47024584 with The West Egg Group Security Services Inc., by increasing the total Blanket Contract target value by $1,599,632 net of all taxes and charges ($1,627,786 net of Harmonized Sales Tax Recoveries), revising the current Blanket Contract value from $5,335,086 to $6,934,718 net of all taxes and charges ($7,056,769 net of Harmonized Sales Tax Recoveries).

The purpose of this report is to request authority to amend Blanket Contract Number 47024584, issued to The West Egg Group Security Services Inc., for security guard services at Union Station.

The amendment is required due to the additional security requirements as a result of the increased space through the Union Station Revitalization Program, the City's commitments to meet a pre-determined level of security outlined in its agreements with the head leasee, and a multi-pronged approach to better respond to vulnerable people.

The total value of the amendment being requested is $1,599,632 net of all applicable taxes and charges ($1,627,786 net of Harmonized Sales Tax Recoveries), revising the overall contract value from $5,335,086 to $6,934,718 net of all taxes and charges ($7,056,769 net of Harmonized Sales Tax Recoveries).

General Government Committee approval is required in accordance with Section 71-11.1C of the Toronto Municipal Code Chapter 71 (Financial Control By-law), where the current request exceeds the allowable threshold of $500,000 net of all taxes and charges

The total value of the requested amendment to Blanket Contract Number 47024584 is $1,599,632, net of all taxes, and charges ($1,627,786 net of Harmonized Sales Tax Recoveries) will increase the contract value from $5,335,086 net of all taxes and charges ($5,428,984 net of Harmonized Sales Tax Recoveries) to $6,934,718, net of all taxes and charges ($7,056,769 net of Harmonized Sales Tax Recoveries). 

Funding for the requested amendment is included in the 2024 Staff Prepared Operating Budget for Corporate Real Estate Management to be considered by Council through the 2024 Budget process. A summary of the financial impact is shown in Table 1 below. Figures reflect net of Harmonized Sales Tax Recoveries.

Table 1: Financial Impact Summary (net of Harmonized Sales Tax Recoveries)

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information as identified in the Financial Impact section.

The Executive Director, Finance Shared Services and the Chief Procurement Officer recommend that:

1. The General Government Committee grant authority to the Executive Director, Finance Shared Services to amend Blanket Contract Number 47023537 with Mercer (Canada) Ltd by increasing the total Blanket Contract target value by $650,000 net of all applicable taxes and charges ($661,440 net of Harmonized Sales Tax recoveries), from $1,590,031 net of all applicable taxes and charges ($1,618,015 net of Harmonized Sales Tax recoveries) to $2,240,031 net of all applicable taxes and charges ($2,279,456 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend Blanket Contract Number 47023537 issued to Mercer (Canada) Ltd., for the provision of subject matter expertise during collective bargaining, review of underwriting methodologies, dependent verification exercise, future marketing of benefit programs, as well as auditing of the benefit carriers on behalf of the City.

The blanket contract amendment is necessary to cover outstanding 2023 invoices to conclude the dependent verification project and to fund the required benefits initiatives in 2024.

The total value of the amendment being requested for Blanket Contract Number 47023537 is $650,000 net of all applicable taxes and charges ($661,440 net of Harmonized Sales Tax recoveries), increasing the total Blanket Contract value from $1,590,031 net of all applicable taxes and charges ($1,618,015 net of Harmonized Sales Tax recoveries) to $2,240,031 net of all applicable taxes and charges ($2,279,456 net of Harmonized Sales Tax recoveries).

General Government Committee approval is required in accordance with Section 71-11.1C of the Toronto Municipal Code Chapter 71 (Financial Control By-law), where the current request exceeds the allowable threshold of $500,000 net of all taxes and charges.

The total potential contract amendment identified in this report is $650,000 net of all applicable taxes and charges ($661,440 net Harmonized Sales Tax recoveries). Funding details are summarized in Table 1.

Of this total increase request of $650,000 net of all applicable taxes and charges ($661,440 net Harmonized Sales Tax recoveries), funding for the amount of $250,000 net of all applicable taxes and charges ($254,400 net of Harmonized Sales Tax recoveries) to cover outstanding 2023 invoices to conclude the dependent verification project was already included in the 2023 Council approved Non-Program Operating Budget under cost centre NP2093. Funding for the amount of $400,000 net of all taxes and charges ($407,040 net of Harmonized Sales Tax recoveries) has been included in the 2024 Staff Prepared Operating Budgets for Non-Program and for the Pension, Payroll and Employee Benefits Division (PPEB) as detailed in Table 1.

Table 1 - Breakdown of recommended Purchase Order amendment request  

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the

financial implications as identified in the financial impact information.

The Executive Director, Transit Expansion Division and the Chief Procurement Officer recommend that:  

1. The General Government Committee, in accordance with section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), authorize the amendment of Purchase Order Number 6052646 with HDR Corporation for Professional Consulting Engineering Services for the Eglinton East LRT Transit Project Assessment Process (TPAP) Environmental Assessment and 10 Percent Functional Design by an additional amount of $1,820,370 net of all taxes and charges ($1,852,409 net of Harmonized Sales Tax recoveries), revising the current purchase order value from $2,456,761 net of all taxes and charges ($2,500,000 net of Harmonized Sales Tax recoveries) to $4,277,131 net of all taxes and charges ($4,352,409 net of Harmonized Sales Tax recoveries) and extend the delivery date from March 1, 2024 to November 30, 2024.

The purpose of this report is to request authority to amend Purchase Order Number 6052646 issued to HDR Corporation for Professional Consulting Engineering Services for the Eglinton East Light Rail Transit (EELRT) Transit Project Assessment Process (TPAP) Environmental Assessment (EA) and 10 Percent Functional Design, awarded under Request for Proposal Doc 2991705152.

This second amendment is being requested to respond to City Council direction under EX33.2 and EX10.17 to advance the Eglinton East Light Rail Transit,  Transit Project Assessment Process and 10 percent design for a distinct service concept, instead of a through-service concept, with an at-grade connection at Kennedy Station for the Eglinton East Light Rail Transit from Kennedy Station to Malvern Town Centre, and the Sheppard Avenue segment from Neilson Road to McCowan Road, amongst other matters. This amendment will enable HDR to continue to refine and deliver a refined functional 10 percent design that responds to and allows the City to maintain the opportunity to economically protect for the integrated Eglinton East Light Rail Transit Scarborough Subway Extension interface designs as well as in other major projects and additionally consider and implement new and evolving public realm, roadway and transit design standards, and current industry best practices throughout the alignment.

The amendment also accounts for additional and ongoing project management and coordination expenses as a result of the extended contract, in-person stakeholder engagement and consultation efforts required in 2024, and the further detailed assessment of certain preliminarily identified cultural heritage resources along the Eglinton East Light Rail Transit alignment.

An extension to the contract from March 1, 2024, to November 30, 2024, is required to allow the above noted tasks to be completed. The total value of the Purchase Order Amendment being requested is $1,820,370 net of all taxes and charges ($1,852,409 net of Harmonized Sales Tax recoveries), revising the current purchase order value from $2,456,761 net of all taxes and charges ($2,500,000 net of Harmonized Sales Tax recoveries) to $4,277,131 net of all taxes and charges ($4,352,409 net of Harmonized Sales Tax recoveries).

General Government Committee approval is required in accordance with Section 71-11.1C of the Toronto Municipal Code Chapter 71 (Financial Control By-law), where the current request exceeds the threshold of $500,000 net of all taxes and charges.

The total value of the Purchase Order amendment is $1,820,370 net of all taxes and charges. The cost to the City is $1,852,409 net of Harmonized Sales Tax recovery. This Purchase Order amendment will increase the current purchase order value from $2,456,761 net of all taxes and charges ($2,500,000 net of Harmonized Sales Tax recoveries) to $4,277,131 net of all taxes and charges ($4,352,409 net of Harmonized Sales Tax recoveries).

Funding is included in the Approved 2023 – 2032 Capital Budget and Plan for Transit Expansion Division as summarized in the table below:

Table 1 - Financial Impact Summary

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Acting General Manager, Fleet Services, and the Chief Procurement Officer recommend that:

1. General Government Committee to grant authority to the Acting General Manager, Fleet Services to amend the legal agreement and Blanket Contract Number 47023883 issued to Green Tractors Inc., the authorized dealer of Deere and Company, by increasing the total Blanket Contract target value by $5,362,444 net of all applicable charges ($5,456,823 net of Harmonization Sales Tax recoveries), revising the current Blanket Contract value from $4,105,319 net of all taxes and charges ($4,177,573 net of Harmonization Sales Tax recoveries) to $9,467,763 net of all taxes and charges ($9,634,396 net of Harmonization Sales Tax recoveries).

The purpose of this report is to request authority to amend Blanket Contract Number 47023883 issued to Green Tractors Inc., the authorized dealer for Deere and Company, for the supply and delivery of various pieces of ground maintenance equipment, including mowers and utility vehicles with accessories, attachments, and supplies.

Fleet Services completed a review of the 2024 to 2026 replacement plan and concluded that there will be a funding shortfall. The additional funding will allow Fleet Services to continue supporting the procurement of ground maintenance equipment requisitions on behalf of Parks, Forestry and Recreation, Toronto Water, Exhibition Place, Fleet Services, Solid Waste Management, and Transportation Services to deliver public services. This amendment is to address escalating unit costs, due to supply chain issues resulting from increased raw material costs, component shortages, increased freight costs, to cover electric vehicle premium and State of Goods Repair backlog units.

The total value of the amendment being requested for Blanket Contract Number 47023883 with Green Tractors Inc. is for $5,362,444 net of all applicable taxes and charges ($5,456,823 net of Harmonization Sales Tax recoveries) increasing the contract value from $4,105,319 net of all taxes and charges ($4,177,573 net of Harmonization Sales Tax recoveries) to $9,467,763 net of all taxes and charges ($9,634,396 net of Harmonization Sales Tax recoveries).

General Government Committee approval is required in accordance with Section 71-11.1C of the Toronto Municipal Code Chapter 71 (Financial Control By-law), where the current request exceeds the allowable threshold of $500,000 net of all taxes and charges.

The total potential contract amendment identified in this report is $5,362,444 net of all taxes and charges. The potential cost to the City is $5,456,823 net of Harmonization Sales Tax recoveries.

Funding in the amount of $5,456,823 net of Harmonization Sales Tax recoveries, for the initial term and the optional year, has been included in the 2024-2033 Capital Budget and Plan Submission for Fleet Services Division.

Funding details are summarized in Tables 1 and 2 below as follows:

Table 1: Financial Impact Summary of Recommended Blanket Contract Amendment by Term (net of Harmonization Sales Tax recoveries)

Table 2: Combined Financial Impact by Budget Year (net of HST recoveries)

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information included in the Financial Impact section.

The Acting General Manager, Fleet Services, and the Chief Procurement Officer recommend that:

1. The General Government Committee grant authority to the Acting General Manager, Fleet Services to amend Blanket Contract Number 47023511 with J&J Trailers Manufactures Inc., by increasing the total Blanket Contract target value by $1,935,799 net of all applicable charges ($1,969,870 net of Harmonization Sales Tax recoveries), revising the current Blanket Contract value from $2,175,790 net of all taxes and charges ($2,214,084 net of Harmonization Sales Tax recoveries) to $4,111,589 net of all taxes and charges ($4,183,954 net of Harmonization Sales Tax recoveries).

The purpose of this report is to request authority to amend Blanket Contract Number 47023511 issued to J&J Trailers Manufactures Inc., for the supply and delivery of various trailers of different configurations.

Fleet Services Division completed a review of the 2024 to 2025 replacement plan and concluded that there would be a funding shortfall. The additional funding will allow Fleet Services to continue supporting the procurement of trailers on behalf of Parks, Forestry and Recreation, Toronto Water, Transportation Services and Facilities Management and Real Estate to deliver public services. This amendment is to address replacement plan for 2024 to 2025, State of Goods Repair backlog, and to address increases in raw material cost.

The total value of the amendment being requested for Blanket Contract Number 47023511 is for $1,935,799 net of all applicable taxes and charges ($1,969,870 net of Harmonization Sales Tax recoveries), increasing the contract value from $2,175,790 net of all applicable taxes and charges ($2,214,084 net of Harmonization Sales Tax recoveries) to $4,111,589 net of all applicable taxes and charges ($4,183,954 net of Harmonization Sales Tax recoveries).

General Government Committee approval is required in accordance with Section 71-11.1C of the Toronto Municipal Code Chapter 71 (Financial Control By-law), where the current request exceeds the allowable threshold of $500,000 net of all taxes and charges.

The total potential contract amendment identified in this report is $1,935,799 net of all taxes and charges. The potential cost to the City is $1,969,870  net of Harmonization Sales Tax recoveries. Funding details are summarized in Tables 1 and 2 as follows:

Table 1: Financial Impact Summary of Recommended Blanket Contract Amendment (Net of Harmonization Sales Tax recoveries)

Table 2: Financial Impact Summary of Recommended Blanket Contract Amendment (Net of Harmonization Sales Tax recoveries)

The Chief Financial Officer and Treasurer have reviewed this report and agree with the information included in the Financial Impact section.

The Executive Director, Corporate Real Estate Management, and the Chief Procurement Officer recommend that:

1. The General Government Committee, in accordance with Section 195-8.4A of the Toronto Municipal Code Chapter 195 (Purchasing By-Law) grant authority to the Executive Director, Corporate Real Estate Management, to award and enter into an agreement with Gorbern Mechanical Contractors Limited, being the lowest bidder meeting the specifications of Request for Quotation Doc4273922673, for the supply and delivery of General Plumbing Maintenance, Repair, and Supply Services for Multiple Locations in the City of Toronto, for buildings managed by Corporate Real Estate Management for a fixed period of three (3) years from the date of award, in the total amount of $16,928,693 net of all applicable taxes and charges ($17,226,638 net of Harmonized Sales Tax recoveries), and one (1) additional option year at $5,925,043 net of all applicable taxes and charges ($6,029,323 net of Harmonized Sales Tax recoveries), for a total possible contract value of $22,853,736 net of all applicable taxes and charges ($23,255,961 net of Harmonized Sales Tax recoveries), all in accordance with the terms, conditions, and specifications contained in the Request for Quotation, Ariba, and any applicable City policy.

The purpose of this report is to advise of the results of Request for Quotation Doc4273922673 for the General Plumbing Maintenance, Repair, and Supply Services for Various Locations in the City of Toronto for buildings managed by Corporate Real Estate Management and request authority to enter into an agreement with Gorbern Mechanical Contractors Limited, the lowest compliant bid received for a fixed period of three (3) years from the date of award, in the total amount of $16,928,693 net of all applicable taxes and charges ($17,226,638 net of Harmonized Sales Tax recoveries), and one (1) additional option year at $5,925,043 net of all applicable taxes and charges ($6,029,323 net of Harmonized Sales Tax recoveries), for a total possible contract value of $22,853,736 net of all applicable taxes and charges ($23,255,961 net of Harmonized Sales Tax recoveries), all in accordance with the terms, conditions, and specifications contained in the Request for Quotation, Ariba, and any applicable City policy.

The total potential contract award identified in this report, including all optional purchases, is $22,853,736 net of all applicable taxes and charges and $25,824,721 including all applicable taxes and charges over four (4) years. The total potential cost to the City is $23,255,961 net of Harmonized Sales Tax recoveries.

Funding for this contract is included in the 2024 Staff Prepared Operating Budget for Corporate Real Estate Management. Additional funding will be included in the 2025-2027 Operating Budget Submissions of Corporate Real Estate Management for the remainder of the initial contract term. Should the optional periods be exercised, then additional funding will be included in the 2027-2028 Operating Budget Submissions of Corporate Real Estate Management. Additional funding details follow in Table 1.

Table 1: Financial Impact Summary of Recommended Blanket Contract (Net of Harmonized Sales Tax Recoveries)

The above cost calculations reflect a 5 percent Consumer Price Index adjustment applied to the single-year option term following the base three-year period from the contract award.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information in the Financial Impact Section.

The Chief Financial Officer and Treasurer, the Chief Procurement Officer and the City Solicitor recommend that:

1. City Council authorize the Chief Financial Officer and Treasurer to execute a retainer agreement for a term of five (5) years from April 1, 2024 to March 31, 2029 with each of the following eight (8) law firms on terms and conditions satisfactory to the Chief Financial Officer and Treasurer, in a form satisfactory to the City Solicitor:

a. Boghosian + Allen LLP

b. Borden Ladner Gervais LLP

c. Forbes Chochla LLP

d. Gowlings WLG

e. Hicks Morley Hamilton Stewart Storie LLP

f. Lerners LLP

g. Loopstra Nixon LLP

h. Shibley Righton LLP

2. City Council authorize the Chief Financial Officer and Treasurer to enter into an amending retainer agreement with Clyde & Co. LLP to increase the term of the existing retainer agreement for five (5) years, from April 1, 2024 to March 31, 2029.

The purpose of this report is to advise on the results of the Request for Supplier Qualifications (RFSQ) Number Doc4287042123 for the future eligibility to provide legal services for insurance claim defence to supplement City Legal Services for the contract term of April 1, 2024 to March 31, 2029, and to recommend entering into retainer agreements with the eight (8) qualified law firms.

The estimated costs identified in this report represent external legal fees for insurance claim defence services. The estimated costs do not include claim payments made to settle claims.

As a result of the variable and unpredictable / unforeseen nature of insurance litigation, the volume and expense of legal fees is difficult to forecast. Consequently, the below financial information is projected based on the best estimate taking into consideration the annual cost escalation of fees over the five-year term, and prevailing trend of below-budget actuals over the past six years 2018-2023 (with spending rate of 91 percent budget on average).

The total combined external legal fees for five-year retainer agreements for the nine law firms identified in this report is expected to be $70,796,477 net of all applicable taxes and charges, $80,000,019 including all applicable taxes and charges. The total combined cost to the City is expected to be $72,042,495 net of Harmonized Sales Tax recoveries, as detailed in Table 1.

Funding for 2024 external legal fees in the amount of $13,200,000 net of Harmonized Sales Tax recoveries, of which the 2024 component of this contract is expected to be $9,900,000 net of Harmonized Sales Tax recoveries, has been included in the 2024 Staff Prepared Non-Program Operating Budget under cost centre NP 2530, cost element 4010. Funding to cover each remaining year of all nine retainer agreements will be requested in the Non-Program Operating Budget Submissions for years 2025 through 2029 as required.

Table 1 - Estimated External Legal Fees for 9 Retainer Agreements

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Procurement Officer, Purchasing and Materials Management recommend that:

1. The General Government Committee, in accordance with Section 195-8.4 of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), grant authority to award Request for Tender Doc4279568020, Contract Number 21ECS-MI-02HA, for the Zebra Mussel Control System and Lake Current Monitoring Upgrades at the R.C. Harris Water Treatment Plant, in the amount of $54,920,037 net of all applicable taxes and charges ($55,886,630 net of Harmonized Sales Tax recoveries) to Alberici Constructors Ltd, having submitted the lowest compliant bid and meeting the specifications in conformance with the Tender requirements.

2. The General Government Committee grant authority to amend Purchase Order Number 6051687 with Associated Engineering (Ont.) Ltd., for the provision of Contract Administration Services by increasing the value by $1,714,282 net of all applicable taxes and charges ($1,744,453 net of Harmonized Sales Tax recoveries), from $1,233,217 net of all applicable taxes and charges ($1,254,922 net of Harmonized Sales Tax recoveries) to $2,947,499 net of all applicable taxes and charges ($2,999,375 net of Harmonized Sales Tax recoveries).

3. The General Government Committee grant authority to amend Purchase Order Number 6055224 with Associated Engineering (Ont.) Ltd., for the provision of Post-Construction Services by increasing the value by $19,336 net of all applicable taxes and charges ($19,676 net of Harmonized Sales Tax recoveries), from $63,061 net of all applicable taxes and charges ($64,171 net of Harmonized Sales Tax recoveries) to $82,397 net of all applicable taxes and charges ($83,847 net of Harmonized Sales Tax recoveries).

The purpose of this report is to advise of the results of Request for Tender  Doc4279568020, Contract Number 21ECS-MI-02HA, for the Zebra Mussel Control System and Lake Current Monitoring Upgrades at the R.C. Harris Water Treatment Plant and to request authority to award the contract to Alberici Constructors Limited, in the amount of $54,920,037 net of all applicable taxes and charges ($55,886,630 net of HST recoveries).

Authority is also being requested to amend Purchase Order Number 6051687 with Associated Engineering (Ont.) Ltd., for the provision of Contract Administration Services during construction, in the amount of $1,714,282 net of all applicable taxes and charges ($1,744,453 net of HST recoveries), and to amend Purchase Order Number 6055224 with Associated Engineering (Ont.) Ltd., for the provision of Post-Construction Services, in the amount of $19,336 net of all applicable taxes and charges ($19,676 net of HST recoveries).

The Purchase Order Amendments for Contract Administration Services and Post-Construction Services with Associated Engineering are required due to changes in the project's scope, complexity and duration.

Award for Contract Number 21ECS-MI-02HA

The total value of the contract award for Doc4279568020, Contract Number 21ECS-MI-02HA, for the Zebra Mussel Control System and Lake Current Monitoring Upgrades at the R.C. Harris Water Treatment Plant, is $54,920,037 net of all applicable taxes and charges. The total cost to the City is $55,886,630 including contingency and provisional sums, and net of Harmonized Sales Tax recoveries.

Funding for this contract is available in Toronto Water's 2024 Capital Budget and 2025-2033 Capital Plan included in the 2024 Staff Prepared Budget. Funding details with forecasted expenditures (net of Harmonized Sales Tax recoveries) are summarized.

The Fire Chief and General Manager, Toronto Fire Services and the Chief Procurement Officer recommend that:

1. City Council authorize the Fire Chief and General Manager, Toronto Fire Services to negotiate and execute a non-competitive agreement with A.J. Stone Company Ltd. with an initial term starting on the date of award up to and including January 31, 2025, with the option, in the sole discretion of the Fire Chief and General Manager, Toronto Fire Services to renew the agreement for four (4) additional one (1) year periods, in the total amount (including all Option Years) of $771,586 net of all taxes and charges ($785,166 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Chief Procurement Officer, in a form satisfactory to the City Solicitor.

The purpose of this report is to request City Council authority to enter into a new non-competitive contract with A.J. Stone Company Ltd. for the supply and delivery of Fire Fighting Foam, FireBull AB Concentrate. The term of the contract will be from the date of award to January 31, 2025, with the option to renew for four (4) one-year periods, in the total amount of $771,586 net of all taxes and charges ($785,166 net of Harmonized Sales Tax recoveries).

The new contract is required to procure the specific Fire Fighting Foam, which is known as FireBull AB Concentrate, produced by Enforcer One, LLC.  A.J. Stone Company Ltd. is the exclusive Ontario distributor of FireBull AB Concentrate and other related products produced by Enforcer One, LLC.

FireBull AB replaces the previous generation of fire fighting foam, known as FireAde AB, and is GreenScreen Certified.  GreenScreen Certified products are independent non-profit certified, free of Per-and Polyfluoroalkyl Substances (PFAS) and thousands of other chemicals of concern.

FireBull AB fire fighting foam concentrate can be placed into service without having to fully drain and flush the on-board foam tanks on Toronto Fire Services fire apparatus, thereby preventing Toronto Fire Services from incurring the significant costs and out-of-service impacts that would occur if a different, non-compatible fire fighting foam concentrate were to be used, as all existing foam concentrate would have to be removed and flushed from each truck before replacement foam could be used. 

City Council approval is required in accordance with Municipal Code Chapter 195- Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment for each supplier, under Article 7, Section 195-7.3 (D) of the Purchasing By-Law or 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 71-11A.

The total potential contract value identified in this report is $771,586, net of all taxes and charges, $871,893 including all applicable taxes and charges. The total potential cost to the City including the optional periods is $785,166, net of Harmonized Sales Tax Recoveries.

Funding will be included in the 2024 Staff Prepared Operating Budget for Toronto Fire Services. Should the City exercise the optional periods, additional funding, if needed, will be included in the 2025-2029 Operating Budget Submissions for Toronto Fire Services. Funding requirements are provided in Table 1.

Table 1:  Financial Impact Summary of Recommended Contract (Net of HST Recoveries)

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Clerk and the Chief Procurement Officer recommend that:  

1. City Council authorize the City Clerk to enter into a non-competitive agreement with Granicus Canada Holdings ULC for maintenance and support services for the City Clerk's Office AccessPro Case Management System, for a period of two (2) years commencing from January 4, 2024,  in the total potential amount of $49,626.67 net of all applicable taxes and charges ($50,500.10 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the City Clerk and in a form satisfactory to the City Solicitor.

The purpose of this report is to request City Council authority to enter into a non-competitive contract with Granicus Canada Holdings ULC (Granicus) for maintenance and support of the City Clerk's Office Case Management System to process Freedom of Information requests. The contract will be for a period of two (2) years commencing January 4, 2024 in the total amount of $ 49,626.67 net of all applicable taxes and charges ($ 50,500.10 net of Harmonized Sales Tax recoveries). In 2020 The City Clerk’s Office engaged in a capital project to replace the AccessPro Case Management System with a cloud-based solution. The cloud-based solution did not meet the needs of the City Clerk’s Office. We are seeking approval for this procurement to support and maintain Freedom of Information processes.

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 for each supplier, under Article 7, Section 195- 7.3 (D) of the Purchasing By-Law or 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 71-11A.

The total potential contract award identified in this report is $49,626.67 net of all applicable taxes and charges. The total potential cost to the City is $50,500.10 net of Harmonized Sales Tax recoveries.

Funding is included in the 2024 Staff Prepared Operating Budget for City Clerk’s Office and will also be included in the 2025 Operating Budget Submission.

Funding details are shown in Table 1.

Table 1: Financial Impact Summary of Contract (Net of Harmonized Sales Tax Recoveries)

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Executive Director, Corporate Real Estate Management, recommends that: 

1. City Council, as approving authority under the Expropriations Act, approve the expropriation of fee simple interests over part of the property municipally known as 24 Ferrand Drive, as set out in Appendix A and designated as Parts 1, 2, 3 and 4 on Plan 66R-32872 attached as Appendix B, for municipal purposes including for the Housing Now project at 805 Don Mills Road, the realignment of Ferrand Drive, and works ancillary thereto.

2. City Council authorize the City, as the expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

3. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to prepare and serve Offers of Compensation based on a report appraising the market value of the Property Interest in accordance with the requirements of the Expropriations Act. 

4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all claims for compensation payable to the property owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

This report seeks approval from City Council as approving authority under the Expropriations Act (the “Act”), to expropriate the fee simple interest in part of the property municipally known as 24 Ferrand Drive (the “Property Interest”) for the purpose of incorporating the Property Interest into the Housing Now Initiative site at 805 Don Mills Road and facilitating the road realignment of Ferrand Drive.

This report relates to the second stage of the expropriation process. During the first stage and in accordance with the Act, Notices of Application for Approval to Expropriate were served on all applicable "registered owners" who had 30 days to request an inquiry into whether the proposed taking is fair, sound, and reasonably necessary. No requests were received within the 30-day period ending on December 10, 2023, and City Council may now approve the expropriation by this Stage Two report. If authorized, an Expropriation Plan will be registered, and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated Property Interest.

The Property Interest is set out in Appendix A and shown in the reference plan attached as Appendix B.

Confidential Attachment 1 to this report identifies the estimated market value of the required Property Interest to be expropriated.

Funding to acquire the Property Interest and the disbursement of all anticipated costs associated with the proposed expropriation has been included in the 2024-2033 Staff Prepared Capital Budget and Plan for Transportation Services being considered by City Council through the 2024 Budget process.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Executive Director, Corporate Real Estate Management recommends that:

1. City Council authorize the City to enter into an agreement with the owner of 36 Shaftesbury Avenue to acquire a permanent easement over a portion of 36 Shaftesbury Avenue, designated as Part 1 on Reference Plan 66R-33422 shown in Appendix A, on the terms set out in Appendix B, and such other terms and conditions as may be deemed appropriate by the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek Council authority to enter into an agreement (the "Agreement") to acquire a permanent easement over a portion of 36 Shaftesbury Avenue (the "Permanent Easement"), as identified in Appendix A, for the continued operation and maintenance of an existing fire hydrant as part of Toronto Water's infrastructure.

Council authority is required for the proposed acquisition of the Permanent Easement because it involves payment of legal costs in addition to the purchase price, and the absence of carrying out undertaking environmental due diligence as required by the General Conditions set out in the Toronto Municipal Code Chapter 213, Real Property. Given the small area in question, the Permanent Easement presents low environmental risk to the City.

The total cost to the City to enter into the Agreement to acquire the Permanent Easement is $29,514 (net of Harmonized Sales Tax), and is summarized in Table 1 below. Funding is available in the 2024-2033 Staff Prepared Capital Budget and Plan for Toronto Water under Easement Acquisition account (CPW537-05) to be considered by Council through the 2024 Budget process.

Table 1 - Summary of Permanent Easement Acquisition Cost (net of Harmonized Sales Tax)

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial implications as identified in the Financial Impact section.

Councillor Paul Ainslie recommends that:

1. The General Government Committee requests the City Clerk, in conjunction with the Chief Technology Officer and the Chief Information Security Officer, to report back to the General Government Committee on March 26, 2024, regarding options and opportunities to enhance City Technology and protect confidential documents.

As a part of our ongoing commitment to the advancement and security of the city's technological infrastructure, a report outlining options and opportunities to enhance city technology and protect confidential documents would be beneficial.

The scope of the report is to include but is not limited to:

1. Current State Assessment:

- Identification of strengths, weaknesses, opportunities, and threats related to technology and document security.

2. Enhancement Proposals:

 - Recommendations for technology upgrades or advancements that can improve overall efficiency and effectiveness.

  - Strategies for enhancing document security measures, including encryption, access controls, and data integrity.

3. Risk Management:

- Identification and assessment of potential risks related to technology and document security.

- Strategies and protocols for mitigating these risks and responding to potential security breaches.

4.  Compliance and Regulatory Framework:

- An overview of relevant laws and regulations governing technology and document security.

- Ensuring proposed enhancements align with legal requirements and compliance standards.

The city's ongoing efforts to stay at the forefront of technological advancements while prioritizing the security of confidential information is paramount, specifically the current environment.