Agenda

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Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - March 26, 2024

Speakers/Presentations - The speakers list will be posted online at 8:30 a.m. on May 1, 2024.

Communications/Reports

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

1. The General Government Committee in accordance with Section 71-11.1C of the Toronto Municipal Code Chapter 71, Financial Control, where the current request exceeds the allowable threshold of $500,000 net of all taxes and charges grant authority for the Fire Chief and General Manager, Toronto Fire Services to negotiate and to amend Blanket Contract Number 47021976 with MSA Safety Sales LLC, by revising the total Blanket Contract target value by $4,367,320 net of all taxes and charges ($4,444,185 net of Harmonized Sales Tax Recoveries), revising the current contract value from $7,452,960, net of all applicable taxes and charges, ($7,584,132, net of Harmonized Sales Tax Recoveries) to $11,820,280 net of all applicable taxes and charges, ($12,028,316 net of Harmonized Sales Tax Recoveries).

The purpose of this report is to request authority to amend Blanket Contract 47021976 issued to MSA Safety Sales LLC, formerly known as MSA Canada - Mine Safety Appliances Company, for the supply of Self-contained breathing apparatus and related components and repair parts.

In 2014, the City entered a blanket contract with MSA Safety Sales LLC, for the non-exclusive supply of self-contained breathing apparatus, high pressure breathing air cylinders, integrated breathing air components for aerial apparatus, replacement components, and replacement maintenance parts as required by Toronto Fire Services. The term of the agreement is 15 years and is set to expire on July 31, 2029, however additional funds are required to ensure the continued use of the contract.

The original estimated value of this blanket contract was exceeded as a result of the COVID-19 pandemic and long-term use of this equipment. The 15-year term of the contract was based on the mandated lifespan of the carbon fiber wrapped high pressure breathing air cylinders, and the 15-year warranty terms offered by the manufacturer.

The total value of the Blanket Contract Amendment being requested is $4,367,320 net of all applicable taxes and charges, ($4,444,185 net of Harmonized Sales Tax Recoveries), revising the overall contract value from $7,452,960, net of all applicable taxes and charges, ($7,584,132, net of Harmonized Sales Tax Recoveries) to $11,820,280 net of all applicable taxes and charges, ($12,028,316 net of Harmonized Sales Tax Recoveries).

The total value of the requested amendment to Blanket Contract Number 47021976 is $4,367,320 net of all applicable taxes ($4,444,185 net of Harmonized Sales Tax Recoveries), revising the current contract value from $7,452,960, net of all applicable taxes and charges, ($7,584,132, net of Harmonized Sales Tax Recoveries) to $11,820,280 net of all applicable taxes and charges, ($12,028,316 net of Harmonized Sales Tax Recoveries).

Funding is available in the 2024 Approved Operating Budget for Toronto Fire Services. Funding for the remaining years will be included in the respective year's Division's Operating Base Budget Submissions from 2025-2029. Funding details are summarized below in Table 1.

Table 1: Financial Impact Summary

Cost Centres: FR0024, FR0046; Cost Elements: 2120, 2590, and 2710

This contract is required to meet the city’s legislated health and safety obligations.

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

The Chief Communications Officer 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 Bylaw), grant authority to amend contract 47023252 issued to Toronto Star for the placement of legal and statutory notices. Increase the contract value by $971,000 excluding all applicable taxes and charges ($988,090 net of Harmonized Sales Tax recoveries), revising the contract value from $1,283,247 excluding all applicable taxes ($1,305,832 net of Harmonized Sales Tax recoveries) to $2,254,247 excluding applicable taxes ($2,293,922 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend Blanket Contract Number 47023252 with the Toronto Star Newspapers Limited for the printing of the City's Statutory Advertising.

This contractual arrangement is imperative for the City, as Provincial statutes mandate the placement of legal or statutory notices in daily English-language newspapers with home delivery. It is essential to note that no alternative bids from other publications were received during the procurement process.

Strategic Public and Employee Communications is responsible for overseeing advertising placements on behalf of various and manages the payments for these advertisements.

Currently valued at $1,283,247 excluding all applicable taxes, the contract has reached an expenditure of 99.99 percent as of April 11, 2024. Given that there are two (2) years remaining on the contract, an adjustment to its value is deemed necessary. 

The total value of the Blanket Contract Amendment being requested is for an additional $971,000 excluding all applicable taxes and charges ($988,090 net of Harmonized Sales Tax recoveries), revising the contract value from $1,283,247 excluding all applicable taxes ($1,305,832 net of Harmonized Sales Tax recoveries) to $2,254,247 excluding applicable taxes ($2,293,922 net of Harmonized Sales Tax recoveries).

The total value of the contract amendment identified in this report is $971,000 excluding all applicable taxes and charges ($988,090 net of Harmonized Sales Tax recoveries).  This will increase the current purchase order value from $1,283,247 excluding all applicable taxes and charges ($1,305,832 net of Harmonized Sales Tax recoveries) to $2,254,247 excluding all applicable taxes ($2,293,922 net of Harmonized Sales Tax recoveries).

Funding for 2024 is available in the participating Divisions' 2024 Approved Operating Budgets and will be included in the participating Divisions' Operating Base Budget for 2025. Any funding that is required in addition to the base budget will be included in that required Division's 2025 Operating Budget Submission. Additional funding details follow in Table 1.

Table 1: Financial Impact Summary

The total value of the contract is an approximate only and should not be interpreted as indicating either the maximum or the minimum. Ads are booked on an as-needed basis.

Costs incurred are for statutory advertising resulting from privately initiated development applications and are cost-recoverable from the applicant.

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 71-11.1. C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grants authority to amend the Purchase Order Number 6051143 with GHD Limited for providing Professional Services for Construction Contract Administration in the amount of $3,332,252 net of all applicable taxes and charges ($3,390,900 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $1,541,111 net of all applicable taxes and charges ($1,568,235 net of Harmonized Sales Tax recoveries) to $4,873,363 net of all applicable taxes and charges ($4,959,135 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend Purchase Order Number 6051143 issued to GHD Limited to provide Construction Contract Administration Services for the D Building Phase 2 Upgrades Project at the Ashbridges Bay Treatment Plant awarded under Request for Proposal 9117-17-7281.

The amendment is required for additional construction contract administration services resulting from scope additions, changes approved in the design phase and an extension to the construction duration.

The total value of the Purchase Order Amendment being requested is $3,332,252 net of all applicable taxes and charges ($3,390,900 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $1,541,111 net of all applicable taxes and charges ($1,568,235 net of Harmonized Sales Tax recoveries) to $4,873,363 net of all applicable taxes and charges ($4,959,135 net of Harmonized Sales Tax recoveries).

The total value of the Purchase Order amendment is $3,332,252 net of all applicable taxes and charges ($3,390,900 net of Harmonized Sales Tax recoveries). This will increase the Purchase Order value from $1,541,111 net of all applicable taxes and charges ($1,568,235 net of Harmonized Sales Tax recoveries) to $4,873,363 net of all applicable taxes and charges ($4,959,135 net of Harmonized Sales Tax recoveries).

Funding for this Purchase Order amendment is included in the 2024-2033 Approved Capital Budget and Capital Plan for Toronto Water Division.

Funding details are summarized in Table 1 below (net of Harmonized Sales Tax recoveries):

Projected Cash Flow of Purchase Order amendment for delivering Professional Services for Construction Contract Administration for Contract 23ECS-MI-03AB.

Table 1: Purchase Order Amendment 6051143

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

The Acting General Manager, Parks Forestry and Recreation, 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 By-Law) grant authority to amend Purchase Order Number 6038702 with MacLennan Jaunkalns Miller Architects Ltd., for the design, preparation of tender documents and contract administration for the new Ethennonnhawahstihnen' Community Centre by increasing the value by $347,770 net of all applicable taxes and charges ($353,891 net of Harmonized Sales Tax Recoveries), from $4,217,581 net of all applicable taxes and charges ($4,291,810 net of Harmonized Sales Tax Recoveries) to $4,565,351 net of all applicable taxes and charges ($4,645,701 net of Harmonized Sales Tax Recoveries), as per the original terms and conditions set out in Request for Proposal Number 9118-13-5070, and extend the Purchase Order delivery date from March 26, 2020 to July 31, 2024.

The purpose of this report is to request authority to amend Purchase Order Number 6038702 with MacLennan Jaunkalns Miller Architects Ltd., as a result of Request for Proposal Number 9118-13-5070 for the provision of complete architectural services for the design, preparation of tender documents and contract administration for the new Ethennonnhawahstihnen' Community Centre (formerly known as the Bessarion Community Center).

This Purchase Order amendment is requested to compensate the vendor due to extended project duration. The cause of the extended duration is at issue in litigation between the City and the general contractor for the project, however, adverse weather, issues arising from the COVID-19 pandemic and subcontractor performance appear to have contributed to the extended duration.

The total value of the Purchase Order amendment being requested is $347,770, net of all applicable taxes and charges ($353,891 net of Harmonized Sales Tax Recoveries), revising the current Purchase Order value from $4,217,581 net of all applicable taxes and charges ($4,291,810 net of Harmonized Sales Tax Recoveries) to $4,565,351 net of all applicable taxes and charges ($4,645,701 net of Harmonized Sales Tax Recoveries).

The Purchase Order amendment request included in this report will increase the total value of architectural services by an additional $347,770 net of all applicable taxes and charges ($353,891 net of Harmonized Sales Tax Recoveries). This will increase the current Purchase Order value from $4,217,581 net of all applicable taxes and charges ($4,291,810 net of Harmonized Sales Tax Recoveries) to $4,565,351 net of all applicable taxes and charges ($4,645,701 net of Harmonized Sales Tax Recoveries).

Funding for this purchase order amendment is included in Council Approved 2024 Capital Budget and 2025-2033 Capital Plan for Parks, Forestry and Recreation as summarized in Table 1 below (net of Harmonized Sales Tax Recoveries).

Table 1: Financial Impact Summary

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

The Acting General Manager, Parks, Forestry and Recreation 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 By-law) grant authority to enter into the necessary amending agreement on terms and conditions satisfactory to the Acting General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor, to increase the value and term of Purchase Order Number 6044203 with Concept Naval Experts Maritimes Inc., for the provision of additional design and construction support services for the delivery of a new Toronto ferry or ferries, including associated shore-side support services for infrastructure by an additional amount of $1,302,500 net of applicable taxes and charges ($1,325,424 net of Harmonized Sales Tax recoveries), increasing the current Purchase Order Value from $4,540,721 net of applicable taxes and charges ($4,620,638 net of Harmonized Sales Tax recoveries) to $5,843,221 net of all applicable taxes and charges ($5,946,062 net of Harmonized Sales Tax recoveries), and extending the contract term from December 31, 2025 to March 31, 2027.

The purpose of this report is to request authority to amend Purchase Order Number 6044203 with Concept Naval Experts Maritimes Inc., for the provision of Total Design and Construction Support Services for the Construction of a New City of Toronto Marine Services Passenger and Vehicle Vessel and associated shore-side support services for infrastructure work. 

The purchase order amendment is requested to provide additional design and construction support services for the delivery of a new Toronto ferry or ferries, as part of the City's Ferry Replacement Project. These additional design and construction support services are required to advance modifications to the electric version of the design for the passenger vessel, as well as shore-side infrastructure required to support full electrification of both vessels.

The total value of the purchase order amendment being requested is $1,302,500 net of applicable taxes and charges ($1,325,424 net of Harmonized Sales Tax recoveries), revising the current purchase order from $4,540,721 net of all applicable taxes and charges ($4,620,638 net of Harmonized Sales Tax recoveries) to $5,843,221 net of all applicable taxes and charges ($5,946,062 net of Harmonized Sales Tax recoveries), and to extend the contract term from December 31, 2025 to March 31, 2027 for the completion of the contract.

The total value of the purchase order amendment identified in this report is $1,302,500 net of all applicable taxes and charges ($1,325,424 net of Harmonized Sales Tax recoveries). This will increase the current purchase order value from $4,540,721 net of all applicable taxes and charges ($4,620,638 net of Harmonized Sales Tax recoveries) to $5,843,221 net of all applicable taxes and charges ($5,946,062 net of Harmonized Sales Tax recoveries).

Funding is included in Parks, Forestry and Recreation's 2024 Capital Budget and 2025-2033 Capital Plan as summarized in Table 1 below:

Table 1: Financial Impact Summary

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

The General Manager, Economic Development and Culture 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 By-Law), grant authority to amend Purchase Order Number 6052316 issued to CSL Group Limited to complete the construction of bump-outs along Spadina Avenue in the Forest Hill Village Business Improvement Area, by increasing the value by $38,711 net of all taxes and charges ($39,392 net of Harmonized Sales Tax recoveries), revising the current purchase order value from $981,624 to $1,020,335 net of all taxes ($1,038,293 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend Purchase Order Number 6052316 issued to CSL Group Limited, for the provision of all labour, materials and equipment necessary for the supply, manufacture, delivery, assembly, and installation of all elements required to construct several permanent bump-outs at street intersections along Spadina Avenue in the Forest Hill Village Business Improvement Area.

The recommended amendment is required for additional work required to address unforeseen site conditions and coordination issues related to the project.  The construction site for this project is located in an older section of Forest Hill Village Business Improvement Area. Upon excavation, it was discovered that neither the underground utility records nor locates were completely accurate. The contractor encountered unknown utilities, broken pipes, buried concrete and old gas lines. To proceed safely, meet project milestones and complete the project on time, the option to hydrovac was proposed as a solution and the most effective method to protect the underground utilities and safely and efficiently remove and dispose of debris. 

The total purchase order amendment being requested is for an additional amount of $38,711 net of all taxes and charges ($39,392 net of Harmonized Sales Tax recoveries), revising the overall purchase order value from $981,624 to $1,020,335 net of all taxes and charges ($1,038,293 net of Harmonized Sales Tax recoveries).

The amendment to Purchase Order Number 6052316 for an additional amount of $38,711 net of all taxes and charges ($39,392 net of Harmonized Sales Tax recoveries), adjusts the current contract value from $981,624 to $1,020,335 net of all taxes ($1,038,292 net of Harmonized Sales Tax recoveries).

Funding for these construction services is available in the 2024 Economic Development and Culture Capital Budget, in the following account:

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

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 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grant authority to amend Purchase Order 6052413 issued to AECOM Canada Ltd., to provide additional professional engineering services associated with construction contract administration for the Disinfection and Electrical Upgrades Project at the Highland Creek Treatment Plant by increasing the value by $691,800 net of all applicable taxes and charges ($703,976 net of Harmonized Sales Tax recoveries), from $1,643,077 net of all applicable taxes and charges ($1,671,995 net of Harmonized Sales Tax recoveries) to $2,334,877 net of all applicable taxes and charges ($2,375,971 net of Harmonized Sales Tax recoveries), and extend the delivery date from December 30, 2024 to June 27, 2025.

The purpose of this report is to request authority to amend Purchase Order Number 6052413 issued to AECOM Canada Ltd., to provide continued construction contract administration services for the Disinfection and Electrical Upgrades Project at the Highland Creek Treatment Plant, awarded under Request for Proposal 9117-16-7107.

The amendment is required due to unforeseen site conditions encountered during construction resulting in an extension to the construction completion date.

The total value of the Purchase Order Amendment being requested is $691,800 net of all applicable taxes and charges ($703,976 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $1,643,077 net of all applicable taxes and charges (1,671,995 net of Harmonized Sales Tax recoveries) to $2,334,877 net of all applicable taxes and charges ($2,375,971 net of Harmonized Sales Tax recoveries). 

The total value of the Purchase Order Amendment is $703,976 net of Harmonized Sales Tax recoveries. This will increase the Purchase Order value from $1,643,077 net of all applicable taxes and charges ($1,671,995 net of Harmonized Sales Tax recoveries) to $2,334,877, net of all applicable taxes and charges ($2,375,971 net of Harmonized Sales Tax recoveries)

Funding for this Purchase Order Amendment is included in the Toronto Water Approved 2024 Capital Budget and 2025-2033 Capital Plan under WSB Element CWW036-10. Funding details are summarized in Table 1 (net of Harmonized Sales Tax recoveries) below:

Table 1: Financial Impact Summary of Purchase Order 6052413 Amendment

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 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order 6052563 with Drainstar Contracting Limited, for construction services for 675mm Sanitary Sewer and River Stabilization at 1240 Sheppard Avenue East by increasing the value by $600,000 net of all applicable taxes and charges ($610,560 net of Harmonized Sales Tax recoveries), from $21,481,849 net of all applicable taxes and charges ($21,859,930 net of Harmonized Sales Tax recoveries) to $22,081,849 net of all applicable taxes and charges ($22,470,490  net of Harmonized Sales Tax recoveries).

This report requests authority to amend Purchase Order Number 6052563, awarded under Ariba Document Number 2950051301, issued to Drainstar Contracting Limited, for construction services for the 675 milimetre Sanitary Sewer and River Stabilization project at 1240 Sheppard Avenue East.

The total value of the Purchase Order Amendment being requested is $600,000 net of all applicable taxes and charges ($610,560 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $21,481,849 net of all applicable taxes and charges ($21,859,930 net of Harmonized Sales Tax recoveries) to $22,081,849 net of all applicable taxes and charges ($22,470,490 net of Harmonized Sales Tax recoveries).

The requested amendment is for additional construction services required to complete this construction project. The amendment also includes a contingency allowance of $100,000 net of all applicable taxes and charges ($101,760 net of Harmonized Sales Tax recoveries) should any unknown additional work be required during construction.

The total value of the Purchase Order Amendment identified in this report is $600,000 net of all taxes and charges ($610,560 net of Harmonized Sales Tax Recoveries).

Funding is included in Toronto Water's Approved 2024 Capital Budget and 2025-2033 Approved Capital Plan. Funding details with forecasted expenditures (net of Harmonized Sales Tax recoveries) are summarized in Table 1:

Table 1: Financial Impact Summary of Purchase Order Number 6052563

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

The Chief People Officer and the Chief Procurement Officer recommend that:

1. The General Government Committee authorizes the Chief People Officer and Chief Procurement Officer to:

a. Extend the following purchase orders and blanket contracts for two years as follows:

1. Purchase Order 6049525 -- Extend to July 31, 2026

2. Purchase Order 6049821 -- Extend to July 31, 2026

3. Purchase Order 6049527 -- Extend to July 31, 2026

4. Purchase Order 6049522 -- Extend to July 31, 2026

5. Purchase Order 6049520 -- Extend to July 31, 2026

6. Purchase Order 6050000 -- Extend to July 31, 2026

7. Blanket Contract 47022405 -- Extend to July 31, 2026

8. Blanket Contract 47022479 -- Extend to July 31, 2026

9. Blanket Contract 47022406 -- Extend to July 31, 2026

10. Blanket Contract 47022404 -- Extend to July 31, 2026

11. Blanket Contract 47022403 -- Extend to July 31, 2026

12. Blanket Contract 47022534 -- Extend to July 31, 2026

13. Purchase Order 6050391 -- Extend to December 31, 2026

14. Purchase Order 6050387 -- Extend to December 31, 2026

15. Purchase Order 6050392 -- Extend to December 31, 2026

16. Purchase Order 6050388 -- Extend to December 31, 2026

17. Blanket Contract 47022839 -- Extend to December 31, 2026

18. Blanket Contract 47022837 -- Extend to December 31, 2026

19. Blanket Contract 47022838 -- Extend to December 31, 2026

20. Blanket Contract 47022836 -- Extend to December 31, 2026

b. Extend the legal agreement for each Vendor for the Corporate Learning Services Providers for two years as mentioned above with a yearly pricing increase of 2 percent or the Consumer Price Index, whichever is less, under the same terms and conditions as the existing agreement, and in a form satisfactory to the City Solicitor.

The purpose of this report is to request City Council authority to provide a two (2) year extension to Various Purchase Orders and Blanket Contracts issued to Various Vendors for the Corporate Learning Services Providers beyond the original 5-year term. This will allow People and Equity and divisions to complete the work already started and to continue to provide Learning Service Providers access, while People and Equity conducts further needs analysis for corporate learning needs for future procurement of new services. No additional dollar value is being requested.

On August 1, 2019, purchase orders and blanket contracts were executed for Request for Proposal Number 9155-18-7093 for a variety of learning series, such as those related to employee engagement, improving customer service, leadership development, improving communication, project management and equity and diversity. 

The vendors provide learning for the courses for the Toronto Public Service program as well as for the Intact Team Training program through purchase orders and blanket contracts (attached). Divisions access the Learning Services Providers services through the blanket contracts and the Intact Team Training program. The purchase orders are used by People and Equity to procure corporate level in-person and Virtual Instructor Led Training for the Toronto Public Service.

Through the Intact Team Training program, divisions such as Toronto Paramedics Services access the blanket contract to provide Human Rights training to all new recruits. Access to the blanket contract reduces the need for the division to acquire three quotes and provides consistency to the learning provided as all recruits receive the same training from the same provider at a cost that was vetted through the Request for Proposal process.

A corporate learning needs assessment will be completed in 2025 prior to going to market with a Request for Proposal in 2026.

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.

This report is requesting a non-competitive term extension to competitive contracts, which requires no additional dollar value to be added. Specifically, there is no incremental financial impact beyond the dollar amounts that have been previously approved for these Purchase Orders and Blanket contracts' original terms. Due to COVID-19 impacts and changes to operational working models and training needs, these Purchase Orders and Blanket contracts have not used up their approved funding. The remaining unspent amounts for all the Purchase Orders and Blanket contracts by the end of their original terms have already been included in 2024 Operating Budget and will be included in 2025-2026 Operating Budget submissions for relevant Divisions under cost element 4310 (Training / Development External) to fund the extension requested in this report as needed/applicable.

Annual pricing increases applicable (2 percent or Consumer Price Index, whichever is less) to the extension will not result in any incremental financial impact because they will be accommodated within the remaining unspent funds referred above.

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

The Children's Services General Manager and 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 By-Law), authorize the execution of a non-competitive contract with Yummy Catering Services Inc., to supply, deliver and develop nutritious menus and supply and deliver associated prepared lunches and snacks to various City of Toronto Early Learning and Child Care Centres, as required by Children's Services, commencing from the date of award for up to an 11 month period, for the total amount of $1,000,000 net of all taxes and applicable charges ($1,017,600 net of Harmonized Sales Tax Recoveries).

The purpose of this report is to request authority to enter a non-competitive contract with Yummy Catering Services Inc. for the non-exclusive supply and delivery of prepared foods to various City of Toronto Child Care Centres. The contract will commence from the date of award for 11 months, for the total amount of $1,000,000 net of all taxes and applicable charges ($1,017,600 net of Harmonized Sales Tax Recoveries).

Children Service's was pursuing the possibility of awarding a contract through Kinetic GPO Request for Standing Offer (RFSO) Number 23-03 but due to unforeseen issues unfortunately the Supplier was unable to move forward with a proposal at this time.

Children's Services, Toronto Early Learning and Child Care Services is currently working with Purchasing and Materials Management on Sourcing Project Number WS4480682013 to award a contract through the competitive bid process. The Evaluation Team has been formed and the solicitation documents are currently being finalized for publishing. It is not expected that a contract will be awarded before the current Blanket Contract Number 47022169 expires on April 30, 2024.

Toronto Early Learning and Child Care Services requires this non-competitive process to bridge the current contract for approximately 11 months. This will maintain the continuity of service to support operational requirements and uninterrupted lunches and snack to the children. Children's Services is working with Purchasing and Materials Management to ensure a new contract will be in place by April 1, 2025.

The current vendor, Yummy Catering Services Inc. has committed to honor pricing in accordance with the terms and conditions set out in Request for Proposal Number 0613-18-0154 until a new contract is awarded by April 1, 2025.

The total potential contract award is $1,000,000 net of all applicable taxes and charges and $1,130,000 including all applicable taxes and charges. The total potential cost to the City including optional periods is $1,017,600 net of Harmonized Sales Tax Recoveries.

Funding in the amount of $740,073 net of Harmonized Sales Tax Recoveries has been included in the approved 2024 Operating Budget for Children's Services. Funding in the amount of $277,527 net of Harmonized Sales Tax Recoveries for the balance of the contract period to March 31, 2025 will be included in the 2025 Operating Budget Submission for Children's Services.

Table1: Financial Impact Summary

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, Parks Forestry and Recreation and the Chief Procurement Officer recommend that:

1. The General Government Committee, in accordance with Section 195-8.4 (D) of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), grant authority to award and enter into an agreement with Aquicon Construction Co. Ltd., being the lowest bidder meeting the specifications of Request for Tender Number Doc4254143011 for the supply and delivery of all labour, materials, equipment, and supervision required to complete the new Davisville Aquatic Community Centre Net Zero Building, in the amount of $59,446,468 net of all applicable taxes and charges ($60,492,726 net of Harmonized Sales Tax recoveries) and in accordance with the Request for Tender requirements.

The purpose of this report is to advise of the results of Request for Tender Doc4254143011, Contract Number 23-PFR-045 for the supply of all materials, equipment, labour, and supervision necessary for the construction of the new Davisville Community Aquatic Centre Net Zero Building and to request authority award the contract to Aquicon Construction Co. Ltd., in the amount of $59,446,468 net of all applicable taxes and charges ($60,492,726 net of Harmonized Sales Tax recoveries) all in accordance with the terms, conditions and specifications contained in the Request for Tender documents.

Construction is expected to commence in the third quarter of 2024 and is projected to be completed in the first quarter of 2027. The project will include the following scope of work:

- general construction work such as staging, foundation, site serving, mechanical and  electrical system, roofing and exterior cladding

- removal of existing retaining walls and utilities

- sidewalk occupancy for the duration of the construction.

The total potential contract award identified in this report is $67,174,509 net of all applicable taxes and charges. The total potential cost to the City is $60,492,726 net of Harmonized Sales Tax recoveries. 

The consultant's pre-tender construction estimate for this contract is $36,000,000 net of all applicable taxes and charges ($36,633,600 net of Harmonized Sales Tax recoveries).

The increased project costs are a result of an updated design requirement to meet Toronto Green Standards for Greenhouse Gas Net-Zero Emissions and a number of other factors, including inflation and market changes in a number of areas of the construction market (mostly tied to the ongoing impact on supply chains, scarcity of materials, and risk adverse costing) and changes to material quantities and scope of work resulting from vendor inquiries during the procurement process.

Funding is available in the 2024 Capital Budget and 2025-2033 Capital Plan for Parks, Forestry and Recreation as summarized in Table 1 below.

Table 1: Financial Impact Summary

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

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

1. City Council authorize the General Manager, Fleet Services Division to amend the Legal Agreement and Blanket Contract Number 47022515 with Joe Johnson Equipment for the supply and delivery of labour, materials, and equipment necessary to provide overflow warranty and non-warranty Original Equipment Manufacturer authorized parts and services for Labrie, Vactor, Elgin, Trackless, and any other equipment for which Joe Johnson Equipment is the authorized dealer, to extend the target date by one (1) year from November 1, 2024 to October 31, 2025, with the option to renew the contract for four (4) additional (1) one year periods, at the sole discretion of the City, and increase the total target value by $2,743,207 net of Harmonized Sales Tax and all applicable charges, ($2,791,488 net of Harmonized Sales Tax recoveries), revising the current Blanket Contract value from $1,761,067 to $4,504,274 net of all taxes and charges, based on the following conditions:

a. The agreement will be based on the condition that Joe Johnson Equipment continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Labrie, Vactor, Elgin, Trackless, and other equipment; and,

b. On other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek authority from City Council to amend non-competitive Blanket Contract 47022515 with Joe Johnson Equipment to extend the contract validity and date by an additional 5 year term and increase the budget by $2,743,207 net of Harmonized Sales Tax ($2,791,488 net of Harmonized Sales Tax Recoveries). The term extension will revise the maximum duration from five (5) years to ten (10) years, where all optional extension years are exhausted. This blanket contract value increase will revise the target value from $1,761,067 to $4,504,274, net of Harmonized Sales Tax ($5,089,830 including all taxes and charges, $4,583,099 net of Harmonized Sales Tax Recoveries).

The contract is for the supply and delivery of labour, materials, and equipment necessary to provide overflow warranty and non-warranty Original Equipment Manufacturer authorized parts and services for Labrie, Vactor, Elgin, Trackless, and any other Original Equipment Manufacturer for which Joe Johnson Equipment is an authorized parts and service dealer. The parts and specialized services cannot be obtained through the competitive procurement process as Joe Johnson Equipment is the only authorized dealer in the Greater Toronto Area.

This equipment is required to ensure the continued delivery of critical services across the City of Toronto, specifically to support and maintain water infrastructure for Toronto Water Operations and to support haulage operations for Solid Waste Management. Access to Original Equipment Manufacturer parts and specialized services for warranty / non warranty repair and maintenance is vital to ensuring that units are safe, reliable and available when required.

Additionally, completing preventative maintenance services in line with Original Equipment Manufacturer recommended standards and specifications supports Fleet Services’ ongoing work to advance fleet availability and reliability by optimizing fleet performance and equipment health and safety. A better return on investment is also expected, with well maintained vehicles having a lengthy lifespan, and yielding greater returns at the end of their life cycle. 

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 (5) year commitment 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 potential cost to the City identified in this report is $2,743,207 net of Harmonized Sales Tax ($2,791,488 net of Harmonized Sales Tax Recoveries).

Funding for the first option year in the amount of $64,455 net of Harmonized Sales Tax Recoveries is included in the 2024 Approved Operating Budget for Fleet Services Division.

Should the City choose to exercise its option to renew for an additional five (5) separate one (1)-year periods, then appropriate funding, if needed, will be included in the 2025 -2029 annual Operating Budget Submissions for Fleet Services Division. Funding details are provided in the tables below.

Table 1: Financial Impact Summary by Contract Year, Net of Harmonized Sales Tax Recoveries

Table 2: Financial Impact Summary by Budget Year

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

The Chief Technology Officer and the Chief Procurement Officer recommends that:

1. City Council authorize the Chief Technology Officer to:

a. Amend contract 47022610 with Rogers Communications Canada Inc., for the amount of $890,000.00 net of all applicable taxes ($905,664.00 net of Harmonized Sales Tax Recoveries) until July 31, 2024, to coincide with the Government of Ontario's Vendor of Record term.

b. Amend contract 47022792 with Telus Communications Inc., for the amount of $215,000.00 net of all applicable taxes ($218,784.00 net of Harmonized Sales Tax Recoveries) until July 31, 2024, to coincide with the term on the Government of Ontario's Vendor of Record term.

2. City Council authorize the Chief Technology Officer to:
 

a. Negotiate and execute a non-competitive contract with Rogers Communications Canada Inc., for the amount of $3,600,000 net of all applicable taxes ($3,663,360.00 net of Harmonized Sales Tax Recoveries) for an initial term of five (5) months from August 1 to December 31, 2024 with the option, at the sole discretion of the City, to extend the Agreement for one (1) additional option term of six (6) months for a total potential value of $7,150,000.00 net of all applicable taxes ($7,275,840.00 net of Harmonized Sales Tax Recoveries) to June 30, 2025;

b. Negotiate and execute a non-competitive contract with Telus Communications Inc., for the amount of $1,000,000.00 net of all applicable taxes ($1,017,600.00 net of Harmonized Sales Tax Recoveries) for an initial term of five (5) months from August 1 to December 31, 2024 with the option, at the sole discretion of the City, to extend the Agreement for one (1) additional option term of six (6) months for a total potential value of $2,300,000.00 net of all applicable taxes ($2,340,480.00 net of Harmonized Sales Tax Recoveries) to June 30, 2025;

c. Negotiate and execute a non-competitive contract with Bell Mobility Inc., for the amount of $500,000.00 net of all applicable taxes ($508,800.00 net of Harmonized Sales Tax Recoveries) for an initial term of five (5) months from August 1 to December 31, 2024 with the option, at the sole discretion of the City, to extend the Agreement for one (1) additional option term of six (6) months for a total potential value of $1,000,000.00 net of all applicable taxes ($1,017,600.00 net of Harmonized Sales Tax Recoveries) to June 30, 2025;

d. Negotiate and execute a non-competitive contract with Baka Communications $500,000.00 net of all applicable taxes ($508,800.00 net of Harmonized Sales Tax Recoveries) for an initial term of five (5) months from August 1 to December 31, 2024 with the option, at the sole discretion of the City, to extend the Agreement for one (1) additional option term of six (6) months for a total potential value of $1,000,000.00 net of all applicable taxes ($1,017,600.00 net of Harmonized Sales Tax Recoveries) to June 30, 2025; and

e. Negotiate and execute a non-competitive contract with Paging Network of Canada (PageNet) for the amount of $500,000.00 net of all applicable taxes ($508,800.00 net of Harmonized Sales Tax Recoveries) for an initial term of five (5) months from August 1 to December 31, 2024 with the option, at the sole discretion of the City, to extend the Agreement for one (1) additional option term of six (6) months for a total potential value of $1,000,000.00 net of all applicable taxes ($1,017,600.00 net of Harmonized Sales Tax Recoveries) to June 30, 2025.

Since 2020, the City of Toronto has utilized the Province of Ontario's Vendor of Record to procure paging and mobile devices, accessories, and services for City staff. The Province recently extended this contract until July 31, 2024, while a new Vendor of Record is negotiated.

This report seeks spend authority for the Province's July 31, 2024, extension (through two purchase order amendments) and five (5) additional non-competitive bridge contracts that include six (6) month contingency extensions with existing Vendor of Record vendors until the City of Toronto can adopt the new Vendor of Record later this year.

The total amount of the recommended contract amendments and awards included in this report is $13,555,000 net of all applicable taxes ($13,793,568 net of Harmonized Sales Tax Recoveries).

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 (5) 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 amount of the recommended contract amendments and awards, including the contingency, is $13,555,000 net of all applicable taxes ($13,793,568 net of Harmonized Sales Tax recoveries).

Table 1 - Financial Impact of Recommended Contract Amendments and Awards
(Net of Harmonized Sales Tax Recoveries)

Funding for 2024 is available within the Approved 2024 Operating Budgets of participating Divisions. 2025 funding will be addressed within future 2025 Operating Budget submissions.

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

The General Manager, Toronto Shelter and Support Services; Executive Director, Corporate Real Estate Management; and the Chief Procurement Officer recommend that:

1. City Council authorize the General Manager, Toronto Shelter and Support Services, in consultation with Purchasing and Materials Management, in accordance with Section 195-8.5 of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), to negotiate and execute the following new non-competitive contracts on terms and conditions satisfactory to the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor contingent on funding in the 2024 budget:

a. Non-competitive contract with 2361173 Ontario Inc operating as Sunray Group Hotels for catering for a one (1) year period, with the option to renew for four (4) separate one (1) year periods, in the total amount (including all option years) of $20,000,000 CAD net of Harmonized Sales Tax ($20,352,000 CAD net of Harmonized Sales Tax recoveries).

b. Non-competitive contract with 2656601 Ontario Inc operating as Toronto Plaza Hotel for catering for a one (1) year period, with the option to renew for four (4) separate one (1) year periods, in the total amount (including all option years) of $25,000,000 CAD net of Harmonized Sales Tax ($25,440,000 CAD net of Harmonized Sales Tax recoveries).

2. City Council authorize the General Manager, Toronto Shelter and Support Services, in consultation with Purchasing and Materials Management, in accordance with Section 195-8.5 of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), to enter into the necessary amending agreements on terms and conditions satisfactory to the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor to increase the value, or increase the value and extend the terms, of the following contracts contingent on funding in the 2024 budget:

a. Non-Competitive Blanket Contract Number 47024284 with Canadian Red Cross Society for lodging services for asylum seekers and refugees by an amount of $30,000,000 CAD net of Harmonized Sales Tax ($30,528,000 CAD net of Harmonized Sales Tax recoveries), increasing the contract value from $30,137,629 CAD net of Harmonized Sales Tax ($30,668,051 CAD net of Harmonized Sales Tax recoveries) to $60,137,629 CAD net of Harmonized Sales Tax ($61,196,051 CAD net of Harmonizes Sales Tax recoveries).

b. Non-Competitive Blanket Contract Number 47025084 with Four Points by Sheraton Vaughan for short-term emergency accommodation for families by an amount of $3,000,000 CAD net of Harmonized Sales Tax ($3,052,800 CAD net of Harmonized Sales Tax recoveries), increasing the contract value from $1,000,000 CAD net of Harmonized Sales Tax ($1,017,600 CAD net of Harmonized Sales Tax recoveries) to $4,000,000 CAD net of Harmonized Sales Tax ($4,070,400 CAD net of Harmonizes Sales Tax recoveries) and extending the term to December 31, 2025.

c. Non-Competitive Blanket Contract Number 47023371 with 2790584 Ontario Inc for catering (multiple sites) by an amount of $5,000,000 CAD net of Harmonized Sales Tax ($5,088,000 CAD net of Harmonized Sales Tax recoveries), increasing the contract value from $8,250,000 CAD net of Harmonized Sales Tax ($8,395,200 CAD net of Harmonized Sales Tax recoveries) to $13,250,000 CAD net of Harmonized Sales Tax ($13,483,200 CAD net of Harmonizes Sales Tax recoveries).

d. Non-Competitive Purchase Order 6055300 with Verint Americas Inc for software licensing by an amount of $150,000 USD net of Harmonized Sales Tax ($152,640 USD net of Harmonized Sales Tax recoveries), increasing the contract value from $74,145 USD net of Harmonized Sales Tax ($75,450 USD net of Harmonized Sales Tax recoveries) to $224,145 USD net of Harmonized Sales Tax ($228,090 USD net of Harmonizes Sales Tax recoveries) and extending the term to January 19, 2026.

e. Competitive Blanket Contract Number 47023737 with Direct Construction Company for minor building repairs by an amount of $500,000 CAD net of Harmonized Sales Tax ($508,800 CAD net of Harmonized Sales Tax recoveries), increasing the contract value from $1,008,762 CAD net of Harmonized Sales Tax ($1,026,516 CAD net of Harmonized Sales Tax recoveries) to $1,508,762 CAD net of Harmonized Sales Tax ($1,535,316 CAD net of Harmonizes Sales Tax recoveries).

f. Competitive Blanket Contract Number 47024677 with 911 Interpreters Inc for real-time over the telephone interpretation by an amount of $700,000 CAD net of Harmonized Sales Tax ($712,320 CAD net of Harmonized Sales Tax recoveries), increasing the contract value from $196,020 CAD net of Harmonized Sales Tax ($199,470 CAD net of Harmonized Sales Tax recoveries) to $896,020 CAD net of Harmonized Sales Tax ($911,790 CAD net of Harmonizes Sales Tax recoveries).

3. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with Purchasing and Materials Management, in accordance with Section 195-8.5 of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), to enter into the necessary amending agreements on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor to increase the value and extend the term, of the following contract contingent on funding in the 2024 budget:

a. Competitive Blanket Contract Number 47025241 with A.S.P. Incorporated for security guard services by an amount of $1,693,932 CAD net of Harmonized Sales Tax ($1,723,745 CAD net of Harmonized Sales Tax recoveries), increasing the contract value from $6,660,190 CAD net of Harmonized Sales Tax ($6,777,409 CAD net of Harmonized Sales Tax recoveries) to $8,354,122 net of Harmonized Sales Tax ($8,501,155 CAD net of Harmonizes Sales Tax recoveries) and extending the term to June 15, 2024.

The purpose of this report is to request authority to enter into two new non-competitive contracts and to amend multiple non-competitive and competitive Blanket Contracts and Purchase Orders. These Blanket Contract and Purchase Order Amendments are necessary due to the ongoing operational expenses that are required to maintain the shelter system, including providing catering services in temporary shelter sites in hotels, short-term emergency accommodation for refugees and families, a centralized intake system, interpretation services, and maintaining a state of good repair. Suspending any of these services would have significant impacts on the City’s ability to operate the shelter system and to adhere to the Toronto Shelter Standards. 

This report requests authority from General Government Committee to enter into two (2) new non-competitive blanket contracts; amend three (3) non-competitive blanket contracts and one (1) non-competitive purchase order; and amend three (3) competitive blanket contracts, all established to support critical services for the shelter system.

The funds for all blanket contracts outlined in this report are non-committed. The funds for the non-competitive purchase order are committed. Where services are being provided in a temporary shelter site located in a hotel, those services can be terminated at no cost to the City if that site closes before the end of the contract.

The total potential amounts for two (2) new non-competitive contracts, and amendments to three (3) non-competitive blanket contracts and three (3) competitive blanket contracts inclusive of all optional terms is $85,893,932 CAD net of Harmonized Sales Tax ($87,405,665 CAD net of Harmonized Sales Tax recoveries), plus one (1) purchase order amendment increase of $150,000 USD net of Harmonized Sales Tax ($152,640 USD net of Harmonized Sales Tax recoveries).

Funding in the amount of $39,951,990 CAD net of Harmonized Sales Tax ($40,655,145 CAD net of Harmonized Sales Tax recoveries) is included in the 2024 Operating and Capital Budgets for Toronto Shelter and Support Services as noted in the tables below. Funding in the amount of $13,146,108 CAD net of Harmonized Sales Tax ($13,377,480 CAD net of Harmonized Sales Tax recoveries) plus $150,000 USD net of Harmonized Sales Tax ($152,640 USD net of Harmonized Sales Tax recoveries) for the 2025 contract terms will be included in the 2025 Operating Budget Submission for Toronto Shelter and Support Services.

Should the City choose to exercise its option to renew applicable contracts for additional terms beyond 2025 and up to July 31, 2029, then appropriate funding, if needed, will be included in the 2026 and future annual Operating Budget Submissions for Toronto Shelter and Support Services. Funding details are provided in the tables below.

The target value of all blanket contracts is non-committed and will be expensed at time of commitment to allow the City to continue to pay the vendor. The funds for the non-competitive purchase order are committed. The actual spending against these contracts will be limited to the Approved Toronto Shelter and Support Services Operating Budget.

Costs incurred in providing shelter services to refugees will be submitted to the Federal government for reimbursement through the Interim Housing Assistance Program.

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

1. City Council, in accordance with Section 195-8.5 of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), grant authority to award Request for Tender Doc4328129808, Contract Number 22ECS-MI-01WA, for the Scarborough Pump Station Rehabilitation and New Atmospheric Surge Tank Project at the Scarborough Pumping Station, in the amount of $39,320,590 net of all applicable taxes and charges ($40,012,633 net of Harmonized Sales Tax recoveries) to ASCO Construction (Toronto) Ltd., having submitted the lowest compliant bid and meeting the specifications in conformance with the Tender requirements.

2. City Council authorize the reallocation of project costs and cash flows within Toronto Water's Approved 2024 Capital Budget and 2025-2033 Capital Plan in the total amount of amount of $9,366,641 net of Harmonized Sales Tax recoveries from Scarborough Reservoir Surge Tank project, which is being awarded under budget ($1,679,403 net of Harmonized Sales Tax recoveries), and from Ozonation System Rehab project, which has been delayed to support the award of Doc4328129808 for the Scarborough Pump Station Rehabilitation and New Atmospheric Surge Tank Project at the Scarborough Pumping Station ($7,657,238 net of Harmonized Sales Tax recoveries), as presented in Table 2 of the Financial Impact Statement, with zero Budget impact to Toronto Water.

The purpose of this report is to advise of the results of Request for Tender Doc4328129808, Contract Number 22ECS-MI-01WA, for the Scarborough Pump Station Rehabilitation and New Atmospheric Surge Tank Project at the Scarborough Pumping Station, and to request authority to enter into an agreement with ASCO Construction (Toronto) Ltd., the lowest Supplier meeting the requirements of the solicitation, in the amount of $39,320,590 net of all applicable taxes and charges ($40,012,633 net of Harmonized Sales Tax recoveries) a period of 83 weeks from the date that the written Order to Commence Work is issued by the City, all in accordance with the terms, conditions and specifications contained in the Request for Tender documents. 

Authority is also being requested to reallocate project costs and cash flows within Toronto Water's Approved 2024 Capital Budget and Approved 2025-2033 Capital Plan in the amount of $9,175,158 net of all applicable taxes and charges (9,336,641 net of Harmonized Sales Tax recoveries) from a project that is delayed and no longer forecasted to start in 2024 and a project that will be awarded under budget to support the cost of this contract award.

1) Award for Contract Number 22ECS-MI-01WA

The total value of the contract award for Doc4328129808, Contract number 22ECS-MI-01WA, for the for the Scarborough Pump Station Rehabilitation and New Atmospheric Surge Tank Project at the Scarborough Pumping Station, is $39,320,590 net of all applicable taxes and charges. The total cost to the City is $40,012,633 including contingency and provisional sums and net of Harmonized Sales Tax recoveries.

Funding details with forecasted expenditures (net of Harmonized Sales Tax recoveries) are summarized in Table 1 below under two accounts: CPW060-16 PS Rehab – Phase 2 - Construction, and CPW060-17 Scarborough Reservoir Surge Tank.

Table 1: Financial Impact Summary of Recommended Contract Award

Currently, there is insufficient funding in Toronto Water's Approved 2024 Capital Budget and 2025-2033 Capital Plan to support the award of Doc4328129808. Additional funding is required to accommodate costs that are shown in Table 1 above.

The approval of Recommendation 2 will authorize the reallocation of funding for additional project costs to support the Doc4328129808 as outlined in Table 2 below. The additional costs for the award will be offset from funds available from Scarborough Reservoir Surge Tank Construction project (CPW060-17) and Ozonation System Rehab project (CPW062-15). The Scarborough Reservoir Surge Tank Construction is being awarded underbudget and funds are available to be reallocated to CPW060-16 PS Rehab – Phase 2 - Construction. The Horgan Water Treatment Plant’s Ozonation System Rehab project is delayed and is no longer forecasted to start in 2024, as a result, funds are available for reallocation. Funding for the Ozonation System Rehab project will be reviewed as part of the prioritization of Toronto Water's 2025-2034 Capital Budget and Plan submission. There are no additional costs to the City as a result of the approval of this report.

Table 2: Budget Adjustment Reallocations (net of Harmonized Sales Tax Recoveries)

Subject to approval of the reallocation of funding outlined in Table 2, funding for the award of Doc4328129808 will be included in Toronto Water's approved 2024 Capital Budget and 2025-2033 Capital Plan under account CPW060-16 PS Rehab – Phase 2 - Construction, with forecasted expenditures outlined in Table 1 above.

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 Executive Director, Corporate Real Estate Management, to continue negotiations to acquire the property interests set out in Appendix A (the "Property Requirements") and as illustrated in the draft reference plan set out in Appendix B, and City Council authorize the initiation of expropriation proceedings for the Property Requirements, for the purpose of extending the platform at Spadina Station in order to accommodate two streetcar vehicles as part of the Line 2 Capacity Enhancement Program (the “Project”), if the Executive Director, Corporate Real Estate Management, deems it necessary or appropriate to proceed in that manner.

2. City Council grant authority to serve and publish the Notices of Application for Approval to Expropriate Land for the Property Requirements, to forward to the Ontario Land Tribunal any requests for hearings that are received, to attend the hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for its consideration.

This report seeks authority to initiate expropriation proceedings for permanent and temporary easement interests in part of the property municipally known as 320-326 Bloor Street West. The purpose of extending the platform at Spadina Station is to accommodate two low floor light rail vehicles as part of the Toronto Transit Commission project relating to the Line 2 Capacity Enhancement Program.

This is Stage 1 of the expropriation process. Should City Council adopt the recommendations in this report, staff will serve and publish the Notice of Application for Approval to Expropriate Land on each registered owner. Owners, as defined in the Expropriations Act (the "Act"), will have 30 days to request a hearing into whether the City's proposed taking is fair, sound and reasonably necessary.

Staff will report back to City Council with a Stage 2 report, providing details on property values and other costs, and if a hearing is requested, the report of the Ontario Land Tribunal. The proposed expropriations would only be effected after adoption by City Council, as approving authority, of the Stage 2 report, by registration of an expropriation plan(s), which would then be followed by the service of notices as required by the Act.

Before the City could take possession of the expropriated properties, offers of compensation based on appraisal reports must be served on each registered owner.

The costs to serve and publish the required Notices of Application for Approval to Expropriate Land, together with any costs related to attendance at the hearing(s), if any, will be funded from the 2024-2033 Capital Budget for the Toronto Transit Commission under account CTT157.

Before proceeding with the expropriation, staff will report to City Council through the General Government Committee for approval of the expropriations (the "Stage 2 Report"). The Stage 2 Report will identify the estimated funding requirement and the funding source for the market value of the Property Requirements, as well as any other anticipated costs including disturbance damages, legal and appraisal costs, land transfer tax costs, and all other associated costs stipulated under the Act.

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 (the "Act"), consider the report of the Ontario Land Tribunal attached as Appendix A.

2. City Council authorize and direct the City to pay $200 in costs arising from the hearing to the expropriated owner of 2662 Bloor Street West, in accordance with the Act.

3. City Council, as approving authority under the Expropriations Act, approve the expropriation for the fee simple, permanent and temporary interests in the properties municipally known as 39 Old Mill Road, 2662 Bloor Street West and 21 Old Mill Road, as set out in Appendix C and shown on the Reference Plans attached as Appendix D (the "Property Requirements").

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

5. City Council authorize severally each of the Executive Director, Corporate Real Estate Management, and the Director, Transaction Services, Corporate Real Estate Management,  to prepare, execute and serve Offers of Compensation on all registered owners based on reports appraising the market value of the Property Requirements in accordance with the requirements of the Act.

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

On February 2 and 3, 2022, City Council authorized the initiation of expropriation proceedings for fee simple, permanent and temporary interests in the properties municipally known as 39 Old Mill Road, 2662 Bloor Street West and 21 Old Mill Road shown on the location map and sketch in Appendix A, for the purpose of constructing elevators at Toronto Transit Commission Old Mill Subway Station as part of the Easier Access Phase III Project.

A hearing was held by the Ontario Land Tribunal in respect of the proposed expropriation on September 25, 26, 27, 28 and 29, 2023, and a report was received from the Ontario Land Tribunal on February 27, 2024, concluding that the takings are fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.

To comply with the legislative requirements of the Expropriations Act, the report of the Ontario Land Tribunal, attached as Appendix B, must be considered by City Council before it exercises its discretion to approve the expropriation. If authorized, the Expropriation Plans will be registered and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated properties.

The property requirements are set out in Appendix C and shown on the reference plan attached as Appendix D.

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

Funding to acquire the Property Requirements and the disbursement of all anticipated costs associated with the proposed expropriation is available in the 2024-2033 Approved Capital Budget and Plan for the Toronto Transit Commission under capital project account CTT028-1 Easier Access Phase III.

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

The Chief Procurement Officer recommends that:  

1. City Council direct the Chief Procurement Officer to make the required administrative updates to procurement policies, as set out in this report, that result from City Council adoption of GG8.21 - Amendments to Toronto Municipal Code, Chapter 195, Purchasing, and Review of Open Contracting Global Principles and the Role of an Inspector General.

2. City Council amend the Social Procurement Policy, as set out in Attachment 1 of this report, effective July 1, 2024.

3. City Council amend the Procurement Processes Policy, as set out in Attachment 2 of this report, effective July 1, 2024.

4. City Council direct the Chief Procurement Officer to review the Supplier Suspension Procedure to ensure continued alignment with the amended Procurement Bylaw.

5. City Council direct the Chief Procurement Officer to report back in the first quarter of 2025 with an update on the alignment of the City's procurement policies with TransformTO.

6. City Council amend the definition of Procurement Policies in Municipal Code, Chapter 195, Procurement, effective July 1, 2024, to read: The written policies that are intended to implement this Chapter.

The purpose of this report is to recommend updates to the Purchasing and Materials Management Division's procurement policies to ensure alignment with the amended Toronto Municipal Code Chapter 195, Procurement ("Procurement By-law"), which will take effect on July 1, 2024. This report also responds to a request from City Council to report back on updates required to align the City's procurement policies with the TransformTO Net Zero Strategy.

The Procurement Bylaw was reviewed in 2023. The amendments, adopted by City Council at its meeting on December 13, 14, and 15, 2023, will come into effect on July 1, 2024. To facilitate implementation of the amended Procurement By-law, revisions to procurement policies are also required. Most revisions are considered administrative in nature. This report focuses on the Procurement Processes Policy and the Social Procurement Policy which require more substantial revisions and are being brought to City Council for review and adoption in advance of the July 1, 2024, effective date. The proposed updates to the Procurement Processes Policy include the addition of policy considerations regarding the use of fairness consultants.

A more substantive review, including divisional consultation, will be required to align the City's procurement policies with the TransformTO Net Zero Strategy. This report recommends the Chief Procurement Officer report back in the first quarter of 2025 with required updates. The additional time will provide staff the opportunity to identify how the procurement process can best advance divisional TransformTO objectives and how the Purchasing and Materials Management Division can directly advance TransformTO through the use of procurement.

There are no financial implications arising from the recommendations in this report.

Funding for procurement processes, including engagement of fairness consultants, for the budget year is included in the divisional annual Operating and Capital Budgets and for future years will be requested in the divisional Operating and Capital Budget submissions for the respective future years. Over the period 2004-2023, the City of Toronto has spent approximately $1.95 million on fairness consultant services for 143 procurement processes. The annual spending on fairness consultants fluctuated from $5,373 to $255,846 based on the type and complexity of procurements in any given year.

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

The Interim Controller and Executive Director, Corporate Real Estate Management recommends that:  

1. City Council pass a By-Law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a. enter into a Municipal Capital Facility Agreement between Bridlewood Mall Management Inc., the landlord, which will lease approximately 34,658 square feet at 2900 Warden Avenue (the "Leased Premises") to the City of Toronto, used for social and health services; and

b. exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of:

- the commencement date of the lease;

- the date the Municipal Capital Facility Agreement is entered into; and

- the date the Tax Exemption By-Law is enacted.

2. City Council direct the City Clerk to give written notice of the By-Law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde and le Conseil scolaire catholique MonAvenir.

This report seeks City Council's authority for the adoption of the necessary By-Law to designate a portion of the property owned by 2366829 Ontario Limited leased to the Toronto Employment and Social Services as a Municipal Capital Facility, and to provide an exemption for municipal taxes and education taxes. The Municipal Capital Facility agreement authorized by the By-Law will provide an exemption for unit 225 which is approximately 34,658 square feet at 2900 Warden Avenue. 

The annual property taxes on 34,658 square feet of space (currently taxable) to be occupied by Toronto Employment and Social Services are estimated at $108,587, comprised of a municipal portion of $64,548 and a provincial education portion of $44,039, based on 2023 Current Value Assessment and 2023 tax rates.

As shown in Table 1 below, providing a property tax exemption for the 34,658 square feet of space at 2900 Warden Avenue, Suite 225 will result in a net annual reduction in property tax revenue to the City of approximately $64,548, representing the municipal portion of taxes that are currently payable that will no longer be collected once the Leased Premises are designated as a Municipal Capital Facility. The provincial education portion of property taxes of $44,039 will no longer be required to be remitted to the Province once the exemption for the Leased Premises takes effect.

Table 1: Property Taxes for Toronto Employment and Social Services – 2900 Warden Avenue, Suite 225

Toronto Employment and Social Services’ cost of basic rent on the leased space is funded through an annual budget allocation. Designating the property leased as a Municipal Capital Facility and providing an exemption from taxes will reduce the rental amount paid by Toronto Employment and Social Services. The savings from the designation as a Municipal Capital Facility for the location identified in Table 1 above have been accounted for and included in the 2024 Operating Budget for Toronto Employment and Social Services.

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