Agenda

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Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - July 2, 2024 and July 24, 2024

Speakers/Presentations - The speakers list will be posted online at 8:30 a.m. on September 17, 2024.

Communications/Reports

The Executive Director, Finance Shared Services recommends that:  

1. The General Government Committee approve the apportionment of property taxes in the amounts identified in Appendix A and B, under the columns titled “Apportioned Tax” and “Apportioned Phase-in / Capping.”

This report deals with 4 apportionment applications made by or to the Treasurer pursuant to Section 322 of the City of Toronto Act. Under this section, the Council is authorized to recover unpaid property taxes on land that has been severed and therefore no longer exists by apportioning those outstanding taxes onto the newly-created parcels that arise from the severance. 

The legislation requires that Council make its decision after holding a public meeting, at which applicants and /or property owners may appear or make representations regarding the apportionment application. Council has delegated authority to hear and make final decisions in respect of these matters to the General Government Committee.

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming September 17, 2024, General Government Committee Hearing.

Appendix A and B identify that $7,426 (as of July 22, 2024) in late payment charges (penalty and interest) have been levied and form part of the unpaid taxes that the applicants seek to apportion.

This amount, and late payment charges that will be levied until the applications are decided, will be written off. City Council has granted authority for these write-offs to the Director, Revenue Services. Funding for the write-off of the interest / penalty amount is provided for in the City's Non-Program 2024 Operating Budget under the Tax Penalties Account.

With the exception of the write-off of late payment charges, the apportionment of the unpaid taxes has no financial impact on the City of Toronto and secures the City's revenues.

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

The Executive Director, Finance Shared Services recommends that:  

1. The General Government Committee approve the individual tax appeal applications made pursuant to Section 323 of the City of Toronto Act, 2006, resulting in tax reductions (excluding phase-in / capping amounts) in the amounts identified in Appendix A.

2. The General Government Committee approve the individual tax appeal applications made pursuant to Section 325 of the City of Toronto Act, 2006 resulting in tax reductions (excluding phase-in / capping amounts) in the amounts identified in Appendix B.

3. The General Government Committee approve the individual payment in lieu of taxes appeal applications made pursuant to Section 324 of the City of Toronto Act, 2006, resulting in tax reductions (excluding phase-in / capping amounts) in the amounts identified in Appendix C.

This report deals with tax appeal applications made to the Treasurer pursuant to Sections 323, 324, and 325 of the City of Toronto Act, 2006. Section 323 permits Council to cancel, reduce or refund taxes in cases when, during the year, a property undergoes changes such as when it is destroyed by fire or demolished, becomes exempt from taxation, or is reclassified due to a change in use. Section 324 permits Council to cancel, reduce or refund all or part of a payment in lieu of taxes for properties that are exempt from taxation in the circumstances described in subsection 323 (1) with necessary modifications. Under Section 325 of the City of Toronto Act, 2006, taxpayers can request a cancellation, reduction, or refund of taxes when an error in the assessment roll is identified which results in an overcharge.

The legislation requires Council to make its decision after holding a public meeting at which the applicants and / or property owners may express any concerns. Council has delegated authority to hear and make final decisions in respect of these matters to the General Government Committee.

Staff have mailed Notices of Hearing to affected taxpayers or property owners advising of the General Government Committee's upcoming meeting and consideration of this staff report.

The financial impact of approving the individual tax or payment in lieu of taxes appeal applications (excluding phase-in / capping adjustments), as identified in the attached Appendices A, B and C, is summarized in Table 1 and Table 2 below.

Financial Impacts of Tax and Payment in Lieu of Taxes Appeals

Table 1: Tax Appeals Summary

Table 2: Payment in Lieu of Tax Appeals Summary

For tax cancellation, reduction or refund, funding for the City’s share of $1,205,288 is available in the 2024 Operating Budget for Non-Program.  The education share of $1,027,252 will be recovered from the province / school boards, and the Business Improvement Area (BIA) reduction of $47,340 will be funded from the respective Business Improvement Area provision.

For payment in lieu of tax cancellation, reduction or refund, funding for the City’s share of $55,177 is fully provided for in the 2024 Operating Budget for Non-Program. The education share of $42,487 will be recovered from the province / school boards. Payment in lieu of tax properties are not liable to pay Business Improvement Area charges and hence, no Business Improvement Area reduction is required.

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

The Executive Director, Finance Shared Services recommends that:     

1. City Council receive this report for information.

This report provides information on the status of payments in lieu of taxes (PILTs) requested from federal, provincial and municipal properties, and identifies payments in lieu of tax receivables from all levels of government that remain outstanding as at July 31, 2024 for the taxation year ending December 31, 2023. The status of outstanding payments in lieu of taxes is reported to Council annually in accordance with a recommendation from the Auditor General in 2015.

Payments in lieu of taxes are voluntary payments made to the City of Toronto by the federal, provincial and municipal governments and agencies to compensate the City for municipal services it delivers to their properties. In most cases, government agencies pay the full amount of payments in lieu of taxes that the City requests. There may, however, be payments in lieu of tax receivables that the Controller has determined are unlikely to be paid. In these cases, the City of Toronto Municipal Code Chapter 71 (Financial Control) provides authority to the Controller, in consultation with the City Solicitor, to adjust for accounting purposes any outstanding receivables in respect of payments in lieu of taxes.

Through this delegated authority, the Controller, in consultation with the City Solicitor, has authorized adjustments to federal, provincial, and municipal payments in lieu of tax receivable accounts totaling $4,314,397 in August 2024 to reflect that these amounts are unlikely to be paid. The amounts approved for adjustments will not have a negative financial impact for the City since these amounts have been included in the City's 2024 Non-Program Operating Budget.

The payments in lieu of tax amounts noted within this report in Table 1 have been fully provided for in the City's 2024 Non-Program Operating Budget. As such, there will be no impact on the current year's budget.

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

The General Manager, Parks, Forestry and Recreation, the Chief and General Manager, Toronto Paramedic Services, Fire Chief and General Manager, Toronto Fire Services, and the Chief Purchasing 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 General Manager, Parks, Forestry and Recreation to amend Blanket Contract Number 47022996 by increasing the total Blanket Contract value by $115,924 net of all applicable taxes and charges ($117,964 net of Harmonized Sales Tax recoveries) revising the current blanket contract value from $261,238 ($265,836 net of Harmonized Sales Tax recoveries) to the new Target of $377,162 net of all applicable taxes and charges ($383,800 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) grant authority to enter into the necessary amending agreement on terms and conditions satisfactory to the Chief and General Manager, Toronto Paramedics Services to amend Blanket Contract Number 47022997 by increasing the total Blanket Contract value by $50,000 net of all applicable taxes and charges ($50,880, net of Harmonized Sales Tax recoveries) revising the Blanket Contract value from $637,082 ($648,295 net of Harmonized Sales Tax recoveries) to $687,082 net of all applicable taxes and charges ($699,175 net of Harmonized Sales Tax recoveries).

3. 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 Fire Chief and General Manager, Toronto Fire Services to amend Blanket Contract Number 47022999 by increasing the total Blanket Contract value by $100,000 net of all taxes and charges ($101,760 net of Harmonized Sales Tax recoveries) revising the Blanket Contract value from $614,267 ($625,078 net of Harmonized Sales Tax recoveries) to $714,267 net of all applicable taxes and charges ($726,838 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend Blanket Contract Numbers 47022996 for Parks, Forestry, and Recreation, 47022997 for Toronto Paramedic Services and 47022999 for Toronto Fire Services with Acklands Grainger Inc., for the non-exclusive supply and delivery of industrial supplies, equipment and services awarded under Request for Proposal Doc2056216916.

An amendment to contract number 47022996 for Parks, Forestry and Recreation is required for the provision of industrial fasteners, tools, and equipment. This amendment is necessary as the contract is forecasted to be overspent due to unforeseen various state of good repairs required for parks maintenance and construction.

An amendment to contract number 47022997 for Toronto Paramedic Services is required due to increased spending and cost escalation in the existing programming as Ministry of Health base funding has increased over the past few years.

An amendment to contract number 47022999 for Toronto Fire Services is required to allow the Division's Heavy Urban Search and Rescue Team to purchase Structural Collapse Safety Helmets replacing the 15-year-old helmets which have reached their end-of-life cycle. The new helmets will comply with the Technical Rescue Certification under National Fire Protection Association 1951 - 2020. This specific personal protective equipment was not included in the Division's original estimates when the Request for Proposal was issued.

For Parks, Forestry, and Recreation, the total value of the requested amendment for contract number 47022996 is $115,924 net of all applicable taxes and charges ($117,964 net of Harmonized Sales Tax recoveries), revising the current blanket contract value from $261,238 to $377,162 net of all applicable taxes and charges ($383,800, net of Harmonized Sales Tax recoveries).

For Toronto Paramedic Services, the total value of the requested amendment for contract number 47022997 is $50,000 net of all applicable taxes and charges ($50,880 net of Harmonized Sales Tax recoveries) revising the current blanket contract value from $637,082 to $687,082 net of all applicable taxes and charges ($699,175 net of Harmonized Sales Tax recoveries).

For Toronto Fire Services, the total value of the requested amendment for contract number 47022999 is $100,000 net of all applicable taxes and charges ($101,760, net of Harmonized Sales Tax recoveries) revising the current blanket contract value from $614,267 to the new target value of $714,267 net of all applicable taxes and charges ($726,838 net of Harmonized Sales Tax recoveries).

The total value of three Blanket Contract amendments identified in this report is $265,924 net of all applicable taxes and charges ($270,604 net of Harmonized Sales Tax recoveries).

Funding for the requested amendments to the contract numbers 470222996, 47022997 and 47022999 have been included in the 2024 Operating Budgets of Parks, Forestry and Recreation, Toronto Paramedic Services and Toronto Fire Services. Additional funding details are provided in Table 1.

Table 1: Financial Impacts of requested contract amendment

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, Toronto Water, 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 Purchase Order Number 6052120 issued to Black & McDonald Limited for additional bypass pumping, project management and sub-contractor costs associated with the current delay for this project by increasing the overall value by $3,889,568 net of all applicable taxes and charges ($3,958,024 net of Harmonized Sales Tax recoveries) revising the current Purchase Order value from $9,707,509 net of all applicable taxes and charges ($9,878,361 net of Harmonized Sales Tax recoveries) to $13,597,077 net of all applicable taxes and charges ($13,836,385 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to amend Purchase Order Number 6052120 issued to Black & McDonald Limited to provide continued construction services for the Rehabilitation and Upgrade of Seven (7) Group 5 Sewage Pumping Stations (SPS) at Various Locations Throughout the City of Toronto awarded as a result of Request for Tender 273-2016.

The amendment is required due to the lack of progress by the initial contractor in undertaking the work and the process of having the construction contract assigned and assumed by a new contractor (Black & McDonald Limited), significantly delayed the project. As a result, additional bypass pumping, project management, and sub-contractor costs are associated with the delay.

The total value of the Purchase Order Amendment being requested is $3,889,568 net of all applicable taxes and charges ($3,958,024 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $9,707,509 net of all applicable taxes and charges ($9,878,361 net of Harmonized Sales Tax recoveries) to $13,597,077 net of all applicable taxes and charges ($13,836,385 net of Harmonized Sales Tax recoveries).

The total value of the Purchase Order Amendment identified in this report is $3,889,568 net of all applicable taxes and charges ($3,958,024 net of Harmonized Sales Tax recoveries).

Funding is available in the 2024 Capital Budget and 2025 - 2033 Capital Plan for Toronto Water. Funding details are summarized in Table 1 below.

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 information as presented in the Financial Impact Section.

The Acting Director, Accounting Services, 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 No. 6054910 issued to Deloitte LLP to increase the value by $1,600,000 net of all applicable taxes and charges ($1,628,160 net of Harmonized Sales Tax recoveries) revising the current purchase order value from $400,000 net of all applicable taxes and charges ($407,040 net of Harmonized Sales Tax recoveries) to $2,000,000 net of all applicable taxes and charges ($2,035,200 net of Harmonized Sales Tax recoveries).

The purpose of this report is to request the authority to amend Purchase Order Number 6054910 issued to Deloitte LLP for commodity tax recovery and tax advisory services.

In 2023, the City entered into a Customer-Supplier Agreement for Payment Recovery Services with Deloitte LLP pursuant to Master Agreement OECM-2019-347-02 between Deloitte LLP and Ontario Education Collaborative Marketplace. Under the contract with the City, Deloitte LLP is entitled to receive a commission fee of fifteen percent (15%) of the total tax recoveries that it earns for the City. 

As a result of the tax recoveries earned to date that are significantly greater than our historical experience, the commission payable to Deloitte LLP has exceeded the current purchase order value. Therefore, an amendment is being requested to facilitate payment for the excess commissions earned to date and also for the commissions that are expected to be earned over the remaining contract term, which expires on February 28, 2025.

The total value of the purchase order amendment being requested is $1,600,000 net of all applicable taxes and charges ($1,628,160 net of Harmonized Sales Tax Recoveries), revising the current purchase order value from $400,000, net of all applicable taxes and charges ($407,040 net of Harmonized Sales Tax Recoveries) to $2,000,000 net of all applicable taxes and charges ($2,035,200 net of Harmonized Sales Tax Recoveries).

The commission fees payable to Deloitte LLP are funded directly from the tax recovery revenues earned by the City for the services being provided under this contract.

The current purchase order value of $400,000 net of all applicable taxes and charges was determined based on estimated total recoveries of $2,666,667 over the duration of the contract ($2,666,667 x 15%). The total estimated recoveries were based on actuals achieved from historical contracts for similar services.

The City has earned approximately $7.5 million in tax recoveries to date from the services rendered by Deloitte LLP under this contract and, as a result, has commissions payable to Deloitte LLP of approximately $1.1 million ($7,500,000 x 15% = $1,125,000). The tax recoveries were claimed on the City's Goods and Services Tax / Harmonized Sales Tax return for the December 2023 reporting period and were received in full from the Canada Revenue Agency (CRA) on May 2, 2024. A summary of the total tax recoveries earned to date is provided under Attachment 1.

The amendment being requested in this report will increase the total value of the current purchase order by an additional $1,600,000 net of all applicable taxes and charges ($1,628,160 net of Harmonized Sales Tax recoveries) for the excess commissions earned to date beyond the original purchase order value (i.e., $1,125,000 - $400,000 = $725,000), and also for additional commissions that may be earned by Deloitte LLP over the remaining contract term, which expires on February 28, 2025.  This will revise the current purchase order value from $400,000 net of all applicable taxes and charges ($407,040 net of Harmonized Sales Tax recoveries) to $2,000,000 net of all applicable taxes and charges ($2,035,200 net of Harmonized Sales Tax recoveries).

The commission fees payable to Deloitte LLP in 2024 will be fully funded by the 2024 tax recovery revenues earned as a result of the services provided by Deloitte LLP in accordance with this contract. The commission fees payable in 2025 will be funded by the expected 2025 tax recovery revenues. There are no budget implications to the additional commission fees payable.

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 195-8.4 of Toronto Municipal Code Chapter 195 (Purchasing By-Law), grants authority to the Chief Engineer and Executive Director to award Request for Tender Doc4377242742, Contract Number 23ECS-MI-02FS, for the construction of Local Storm Collectors West and other improvements of the Fairbank Silverthorn Basement Flooding Protection Program project, in the amount of $65,939,065 net of all applicable taxes and charges ($67,099,593 net of Harmonized Sales Tax recoveries) to Drainstar Contracting Ltd., having submitted the lowest complaint bid and meeting the specifications in conformance with the Tender requirements.

2. The General Government Committee, in accordance with Section 195-8.4 of Toronto Municipal Code Chapter 195 (Purchasing By-Law), grants authority to the Chief Engineer and Executive Director to award Request for Tender Doc4377242742, Contract Number 23ECS-MI-03FS, for the construction of Local Storm Collectors East and other improvements of the Fairbank Silverthorn Basement Flooding Protection Program project, in the amount of $89,101,279 net of all applicable taxes and charges ($90,669,462 net of Harmonized Sales Tax recoveries) to GIP Paving Inc., having submitted the lowest complaint bid and meeting the specifications in conformance with the Tender requirements.

3. The General Government Committee, in accordance with Section 71-11.1.C of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grants authority to amend Purchase Order Number 6052519 with CH2M Hill Canada Ltd., for providing Professional Engineering Services during Construction for three construction contracts of the Fairbank Silverthorn Basement Flooding Protection Program Project in the amount of $10,500,000 net of all applicable taxes and charges ($10,684,800 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $14,971,781 net of all applicable taxes and charges ($15,235,285 net of Harmonized Sales Tax recoveries) to $25,471,781 net of all applicable taxes and charges ($25,920,085 net of Harmonized Sales Tax recoveries).

The purpose of this report is to advise of the results of the Request for Tender Doc4377242742 which includes two construction contracts, Contract Number 23ECS-MI-02FS and Contract Number 23ECS-MI-03FS, for the construction of new storm collectors and other improvements in the Basement Flooding Protection Program Study Area 3, also referred to as the Fairbank Silverthorn Project. The report recommends entering into agreements with (1) Drainstar Contracting Ltd., in the amount of $65,939,065 net of all applicable taxes and charges ($67,099,593 net of Harmonized Sales Tax recoveries), for the construction of Contract Number 23ECS-MI-02FS - Local Storm Collectors West, and (2) GIP Paving Inc., in the amount of $89,101,279 net of all applicable taxes and charges ($90,669,462 net of Harmonized Sales Tax recoveries), for the construction of Contract Number 23ECS-MI03FS - Local Storm Collectors East. Pursuant to the Request for Tender document the contract award value includes contingency.  

This report also requests authority to amend Purchase Order Number 6052519 issued to CH2M Hill Canada Ltd., referred to as CH2M Hill, under Request for Proposal number 9117-18-7185 to provide Engineering Services during Construction for the Fairbank Silverthorn Project in the amount of $10,500,000 net of all applicable taxes and charges ($10,684,800 net of Harmonized Sales Tax recoveries). This amendment will increase the current purchase order value from $14,971,781 net of all applicable taxes and charges ($15,235,285 net of Harmonized Sales Tax recoveries) to $25,471,781 net of all applicable taxes and charges ($25,920,085 net of Harmonized Sales Tax recoveries). This purchase order amendment is necessary for additional project management, contract administration, site inspection and engineering services during the construction of three major contracts for the Fairbank Silverthorn Project.

Award of Contract Number 23ECS-MI-02FS

The total value to award Contract Number 23ECS-MI-02FS for the construction of Local Storm Collectors West and other improvements of the Fairbank Silverthorn Basement Flooding Protection Program project is $65,939,065 net of all applicable taxes and charges. The total cost to the City including contingency is $67,099,593 net of Harmonized Sales Tax recoveries.

Funding for this contract award is included in the 2024 Capital Budgets and 2025 - 2033 Capital Plans for Toronto Water and Transportation Services. Funding details with forecasted expenditures are provided in Table 1 below.

Table 1 - Financial Impact Summary of Contract Number 23ECS-MI-02FS Award (net of Harmonized Sales Tax Recoveries)

Award of Contract Number 23ECS-MI-03FS

The total value to award Contract Number 23ECS-MI-03FS for the construction of Local Storm Collectors East and other improvements of the Fairbank Silverthorn Basement Flooding Protection Program project is $89,101,279 net of all applicable taxes and charges. The total cost to the City including contingency is $90,669,462 net of Harmonized Sales Tax recoveries.

Funding for this contract award is included in the 2024 Capital Budgets and 2025 - 2033 Capital Plans for Toronto Water and Transportation Services. Funding details with forecasted expenditures are provided in Table 2 below.

Table 2 - Financial Impact Summary of Contract Number 23ECS-MI-03FS Award (net of Harmonized Sales Tax Recoveries)

Purchase Order Amendment for Purchase Order Number 6052519

The total value of the Purchase Order amendment is $10,500,000 net of all applicable taxes and charges ($10,684,800 net of Harmonized Sales Tax recoveries). The amendment will increase the purchase order value from $14,971,781 net of all applicable taxes and charges ($15,235,285 net of Harmonized Sales Tax recoveries) to $25,471,781 net of all applicable taxes and charges ($25,920,085 net of Harmonized Sales Tax recoveries).

Funding for this Purchase Order amendment is included in the 2024 Capital Budgets and 2025 - 2033 Capital Plans for Toronto Water and Transportation Services. Funding details with forecasted expenditures are provided in Table 3 below.

Table 3 - Financial Impact Summary for Amendment of Purchase Order 6052519 (net of Harmonized Sales Tax Recoveries)

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 195-8.4A of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), grant authority to the Chief Engineer and Executive Director, Engineering and Construction Services to enter into an agreement with Stantec Consulting Ltd., being the highest overall scoring Supplier meeting the requirements of Ariba Document Number 4476450575 to provide Owner's Engineer and Technical Advisor services for Gardiner Section 4, for a total amount of $29,757,736.10 net of all applicable taxes ($30,281,472.26 net of Harmonized Sales Tax recoveries), all in accordance with the terms and conditions as set out in the Request for Proposal and any other terms and conditions satisfactory to the Chief Engineer and Executive Director of Engineering and Construction Services and in a form satisfactory to the City Solicitor.

The purpose of this report is to advise of the results of Request for Proposals Ariba Document Number 4476450575 and RFP-24ECS‑BE‑01GA, for Owner's Engineer and Technical Advisory services for the rehabilitation of the F.G. Gardiner Expressway from Grand Magazine Street to York Street ("Gardiner Section 4") and request the authority to enter into an agreement with Stantec Consulting Ltd. in the amount of $24,757,736.10 net of all taxes and charges ($25,193,472.26 net of Harmonized Sales Tax recoveries). An additional $5,000,000, for contingency allowance, net of all taxes and charges, ($5,088,000 net of Harmonized Sales Tax recoveries) will be available to the Chief Engineer and Executive Director, Engineering and Construction Services for the project as may be required.

The F.G. Gardiner Expressway has been in service for over 60 years and with the effects of weathering, salt, and increasing traffic loads, is approaching the end of its original design life. To address this state-of-good-repair challenge, a Strategic Rehabilitation Plan, consisting of six complex projects, was adopted by City Council in December 2016. Section 1 construction work was completed in 2021. Section 2 construction work is currently underway between Dufferin Street and Strachan Avenue.

The subject of this report is the selection of the Owner's Engineer and Technical Advisor for Gardiner Section 4, to rehabilitate the elevated section of the Expressway between Grand Magazine Street and York Street.

The scope of work for the Owner's Engineer and Technical Advisor for Gardiner Section 4 includes Planning, Preliminary Design, 30 percent Detail Design, Design-Build Procurement, Contract Administration, Inspection, Testing, Post Construction and Warranty services. The Owner's Engineer and Technical Advisor services are anticipated to commence following award and be completed in 2030. It is noted that the assignment will include specific analysis of the planned work and development of measures that can be incorporated into the Design-Build procurement to address congestion and community impacts.  These measures will, in part, be based on lessons learned from both Gardiner Section 1 and Gardiner Section 2 contracts.

The Owner's Engineer and Technical Advisor provides specialized knowledge and oversight to ensure that the project meets technical standards and specifications. The Owner's Engineer and Technical Advisor will play crucial roles in ensuring that the Gardiner Section 4 project is completed efficiently, safely, and to the required standards. Their involvement is required to manage the complexity of the project and contributes to its overall success.

The total value of the award for Request for Proposal RFP-24ECS-BE-01GA to Stantec Consulting Ltd., including a contingency amount of $5,000,000, is $29,757,736.10 net of all applicable taxes ($30,281,472.26 net of Harmonized Sales Tax recoveries).

Funding is available within the 2024 - 2033 Capital Budget and Plan for Transportation Services, as summarized in Table 1 below (net of Harmonized Sales Tax recoveries).

Table 1: Financial Impact Summary

On November 26, 2023, the Province of Ontario and City of Toronto announced a New Deal to help achieve long-term financial stability and sustainability for the City, which includes the upload of the F.G. Gardiner Expressway and Don Valley Parkway to the Province subject to a third-party due diligence assessment.

As part of the New Deal, a Transfer Payment Agreement has been established, under which the Province commits to fund the City’s stated operating and capital budget requirements for the duration of the due diligence process, covering 2024 and 2025. Upon completion of the upload process and the assets being formally transferred, the Province will assume full responsibility for the ongoing costs and funding associated with these assets in subsequent years.

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

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

1. The General Government Committee grant authority to revise Purchase Order Number 6055650 issued Aquicon Construction Co. Ltd., for the supply of all materials, equipment, labour, and supervision necessary for the construction of the new Davisville Community Aquatic Centre Net Zero Building to include the omitted contingency value in the amount of $6,057,789 net of all applicable taxes and charges ($6,164,406 net of Harmonized Sales Tax Recoveries), from $59,446,468 net of all applicable taxes and charges ($60,492,726 net of Harmonized Sales Tax Recoveries) to$65,504,257 net of all applicable taxes and charges ($66,657,132 net of Harmonized Sales Tax Recoveries).

At its meeting on May 1, 2024, General Government Committee approved the contract award to Aquicon Construction Co. Ltd., for the supply of all materials, equipment, labour, and supervision necessary for the construction of the new Davisville Community Aquatic Centre Net Zero Building.

This report provides clarification to Purchase Order Number 6055650 issued to Aquicon Construction Co. Ltd., and corrects the contract recommendation to include the contingency amount, which was omitted from Item 2024.GG12.11.

By incorporating the total value of the contingency amount of $6,057,789 net of all applicable taxes and charges ($6,164,406 net of Harmonized Sales Tax Recoveries), the revised purchase order amount is $65,504,257 net of all applicable taxes and charges ($66,657,132 net of Harmonized Sales Tax Recoveries). This updates the previous value of $59,446,468 net of all applicable taxes and charges ($60,492,726 net of Harmonized Sales Tax Recoveries), ensuring the contract total reflect the accurate amount as required by the Request for Tender.

A revision to the purchase order value is required to include the contingency amount which was omitted in the contract recommendation in Item 2024.GG12.11. This will increase the total value of the purchase order by $6,057,789 net of all applicable taxes and charges ($6,164,406 net of Harmonized Sales Tax Recoveries), from $59,446,468 net of all applicable taxes and charges ($60,492,726 net of Harmonized Sales Tax Recoveries) to $65,504,257 net of all applicable taxes and charges ($66,657,132 net of Harmonized Sales Tax Recoveries).

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

1. The General Government Committee, in accordance with Section 195- 8.4 of Toronto Municipal Code Chapter 195 (Purchasing By-Law), grant authority to the Executive Director, Corporate Real Estate Management, and General Manager, Toronto Shelter and Support Services, to enter into an agreement with the following successful suppliers based on the terms and conditions set out in the Negotiated Request for Proposal Document Number 4395356509 and a form satisfactory to the City Solicitor:

a. Alpine Building Maintenance Inc., for the buildings identified in Property Group East and West, as identified in Attachment 1, for three (3) years from the date of award with an option to renew for two (2) additional one (1) year periods. The total amount of the awarded contracts is $48,215,207 net of all applicable charges and taxes ($49,063,794 net of Harmonized Sales Tax recoveries) in accordance with terms and conditions as set out in the Negotiated Request for Proposal and in a form satisfactory to the City Solicitor, and

b. Impact Cleaning Services Ltd., for the buildings identified in Property Group Central, as identified in Attachment 1, for three (3) years from the date of award with an option to renew for two (2) additional one (1) year periods. The total amount of the awarded contract is $34,904,212 net of all applicable charges and taxes ($35,518,526 net of Harmonized Sales Tax recoveries) in accordance with terms and conditions as set out in the Negotiated Request for Proposal and in a form satisfactory to the City Solicitor.

The purpose of this report is to advise on the results of the Negotiated Request for Proposal Document Number 4395356509 for the Supply and Delivery of Custodial Services at Various Locations throughout the City of Toronto and to request authority for the Executive Director, Corporate Real Estate Management and the General Manager, Toronto Shelter and Support Services, to enter into an agreement with the top-ranked suppliers meeting the requirements set out in the Negotiated Request for Proposal, Alpine Building Maintenance Inc., and Impact Cleaning Services, for three (3) years from the date of award, with an option in favour of the City to renew the contract for two (2) additional one (1) year periods.

This Negotiated Request for Proposal was jointly developed as a strategic sourcing initiative by the Purchasing and Materials Management Division, Corporate Real Estate Management and Toronto Shelter and Support Services. The Negotiated Request for Proposal followed industry best practices, focusing on a standardized outcome-based custodial service delivery model that meets City standards, performance levels, and enhances the City's ability to manage supplier performance.

The total value of the contract awards is $83,119,419 net of applicable taxes and charges ($84,582,320 net of Harmonized Sales Tax recoveries). The Negotiated Request for Proposal includes 118 buildings (as outlined in Attachment 1) currently being serviced by third-party supplier contracts inclusive of Civic Centres, Union Station, sites utilized by Toronto Employment Support Services, Toronto Police Service, Toronto Shelter and Support Services, Toronto Public Health, Toronto Water, as well as other City Divisions.

This contract award is within the delegated authority of the General Government Committee pursuant to Toronto Municipal Code Chapter 195 Section 195-8 and pursuant to direction 10 of GM12.21 Council-Directed Follow-Up to Community Development Committee Item CD10.2 - the Social Impact of Lower Wage Jobs, which states "that prior to the awarding of any further cleaning contracts, the Deputy City Manager and Chief Financial Officer bring results of the call for proposals to the Government Management for approval".

The total potential contract award, including all options years and contingency amounts, is $83,119,419 net of applicable taxes and charges ($84,582,320 net of Harmonized Sales Tax recoveries).  

The contracts are expected to commence on October 1, 2024, and the total contract expenditures for 2024 are expected to be $4,081,764 net of applicable taxes and charges ($4,153,604 net of Harmonized Sales Tax recoveries). 

The 2024 Operating Budgets for Corporate Real Estate Management and Toronto Shelter and Support Services include funding for the contract amounts of $3,023,822 and $1,057,942 respectively, for a total of $4,081,764 ($4,153,604 net of Harmonized Sales Tax recoveries). Budget will be requested in the 2025 - 2029 Operating Budget submissions for Corporate Real Estate Management and Toronto Shelter and Support Services for the remainder of the initial three (3) year term and, as required, for the two (2) optional one (1) year terms for Council consideration.

Additional funding details are summarized in Table 1 below.

Table 1: Total Contact Award Summary (all values are net of Harmonized Sales Tax recoveries).

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

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

1. City Council grant authority to the Executor Director, Corporate Real Estate Management to amend Non-Competitive Blanket Contract Number 47019415 with Toronto Hydro Electric Systems Ltd., by increasing the total Blanket Contract target value by $2,000,000 net of all taxes and charges ($2,035,200 net of Harmonized Sales Tax Recoveries), revising the current Blanket Contract value from $400,536 net of all taxes and charges ($407,585 net of Harmonized Sales Tax Recoveries) to $2,400,536 net of all taxes and charges ($2,442,785 net of Harmonized Sales Tax Recoveries), and to extend the expiry date from December 31, 2031 to March 31, 2038.

The purpose of this report is to request authority from City Council to amend Non-Competitive Blanket Contract Number 47019415, issued to Toronto Hydro Electric Systems Ltd. (“Toronto Hydro”), for operations and maintenance costs for co-owned solar photovoltaic systems.

In 2011, the City entered into a partnership with Toronto Hydro to design, construct, own and operate solar photovoltaic projects on the roofs of suitable City facilities. The partnership with Toronto Hydro advances the City’s 2021 Net Zero Carbon Plan as the solar installations on City-owned buildings help generate low-carbon electricity in the City of Toronto. Transitioning to low-carbon energy is also a key factor of TransformTO.

The original 2015 contract was created to cover the shared maintenance costs of 10 solar photovoltaic locations completed in 2013 as part of the solar photovoltaic partnership. Since the creation of the blanket contract, an additional 12 co-owned systems were installed in 2016 and 2018. In consultation with Purchasing and Materials Management, staff are seeking an amendment to the blanket contract to account for these additional systems and future annual maintenance costs.

The total value of the amendment being requested is $2,000,000 net of all taxes and charges ($2,035,200 net of Harmonized Sales Tax Recoveries), revising the overall contract value from $400,536 net of all taxes and charges ($407,585 net of Harmonized Sales Tax Recoveries) to $2,400,536 net of all taxes and charges ($2,442,785 net of Harmonized Sales Tax Recoveries).

Additionally, it is requested that the expiry date of the blanket contract be extended by 6 years and 3 months (from December 14, 2031 to March 31, 2038), to align with the expiry of the agreements for the sites added in 2018.

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 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 cost to the City identified in this report is $2,000,000 net of all taxes and charges ($2,035,200 net of Harmonized Sales Tax Recoveries). The electrical revenue received by the City under the partnership with Toronto Hydro exceeds the associated costs of operating and maintaining the solar photovoltaic systems over the 20-year term of the agreements.

The requested amendment has no incremental impact on the 2024 Operating Budget for Corporate Real Estate Management. Funding for maintenance costs beyond 2024 will be included in future year annual Operating Budget submissions for Corporate Real Estate Management.

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

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

The General Manager, Solid Waste Management Services, and the Chief Procurement Officer recommend that:

1. City Council in accordance with Section 195-8.4 of Toronto Municipal Code Chapter 195 (Purchasing By-law), authorize the General Manager, Solid Waste Management Services to award and enter into an agreement with GFL Environmental Inc., being the lowest Supplier meeting specifications for Request for Quotation Doc4553928310 for curbside collection, transportation and off-loading of materials in the District 2 area in the amount of $284,250,333 net of all applicable taxes and charges ($289,253,139 net of Harmonized Sales Tax recoveries) for a period of five (5) years commencing on August 3, 2026 to August 2, 2031 with an option to extend the agreement for an additional two (2) separate one (1) year periods, all in accordance with the terms and conditions as set out in the Request for Quotation and any other terms and conditions satisfactory to the General Manager, Solid Waste Management and in a form satisfactory to the City Solicitor.

The purpose of this report is to advise on the results of the Request for Quotation Doc4553928310 for the collection, transportation and off-loading of Garbage, Bulky Items, Organic Materials and Yard Waste from curbside collected Single Family homes, multi-residential locations, Commercial locations, Charities, Institutions and Religious Organizations and Divisions, Agencies and Corporations. The collection, transportation and off-loading of Recyclable Materials from Non-eligible Customer Types, in the Collection Area bounded by Yonge Street to the east, the Humber River to the west, Steeles Avenue to the north and Lake Ontario to the south (District 2) in the amount of $284,250,333 net of all applicable taxes and charges ($289,253,139 net of Harmonized Sales Tax recoveries). This collection contract service award is for a five (5) year period with the option to extend the agreement on the same terms and conditions for an additional two (2) separate one (1) year periods. This report requests the authority to enter into a legal agreement with GFL Environmental Inc., being the lowest supplier meeting specifications.

The total estimated contract award value including optional years is $284,250,333 net of all taxes and including an estimated 3 percent Consumer Price Index increase for years two (2) through seven (7), also included in this value is a contingency amount of one (1) million dollars per year. The total potential cost to the City is $289,253,139 including adjustments for Consumer Price Index and yearly contingency value, net of Harmonized Sales Tax recoveries ($321,202,876 including Harmonized Sales Tax). The estimated funding for the period of August 3, 2026 to December 31, 2026 is approximately $12,612,450 net of Harmonized Sales Tax recoveries and the funding required for 2026 will be included in the 2026 Recommended Operating Budget for Solid Waste Management Services in cost centre SW1020, cost elements 4390, 4391, 4392, 4393, 4394 and 4424. Funding details are provided in Table 1.

Table 1: Recommended Collection Contract - District 2 - Net of Harmonized Sales Tax Recoveries ($'s):

Solid Waste Management Services has included a contingency of $1.0 million per year, excluding all taxes, for emergencies or other unplanned / unforeseen work that may be required in each of the years in the contract term.

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

The Chief, Toronto Paramedic Services, and the Chief Procurement Officer recommend that:

1. City Council, 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, 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, grant authority the Chief, Toronto Paramedic Services to negotiate and enter into a contract with Medical Priority Consultants Incorporated for the amount of $1,311,936 USD ($1,797,352 CAD) net of all taxes and charges ($1,335,026 USD ($1,828,986 CAD), net of Harmonized Sales Tax recoveries), to provide ongoing certification training and quality assurance support services to support Toronto Paramedic Services'  use of Medical Priority Dispatch  System for a period of five (5) years from the date of the agreement, on terms and conditions satisfactory to the Chief, Toronto Paramedic Services and in a form satisfactory to the City Solicitor.

The purpose of this report is to request authority to enter into a non-competitive contract with Medical Priority Consultants Incorporated (previously known as Priority Dispatch Corporation) to provide ongoing certification training and quality assurance services to support Toronto Paramedic Services' ongoing operation of Medical Priority Dispatch System, in the total amount of $1,311,936 USD ($1,797,352 CAD), net of all taxes and charges, ($1,335,026 USD ($1,828,986 CAD) net of Harmonized Sales Tax recoveries), for a period of five (5) years from the date of award. The current contract 47022543 with Medical Priority Consultants Incorporated is due to expire on December 31, 2024. $1 USD = $1.37 CAD exchange rate (June 2024 – Average one-month forward rate – SAP Financial Systems). All expenditures are eligible for 100 percent funding from the Ministry of Health.

The total potential cost of this contract including all years identified in this report is $1,311,936 USD ($1,797,352 CAD), net of all applicable taxes and charges, $1,482,488 USD ($2,031,009 CAD), including all applicable taxes and charges. The total potential cost to the City is $1,335,026 USD ($1,828,986 CAD), net of Harmonized Sales Tax recoveries.

Funding will be requested in the 2025 to 2029 Operating Budget Submissions for Toronto Paramedic Services in various cost centres, cost elements 2600, 4199, 4310, 4340 and 4995.

The cost calculations for the option years for contract awarded to Medical Priority Consultants Incorporated include an annual estimated 3 percent inflationary increase commencing in 2026. The conversion rate used to calculate the Canadian currency equivalent to $USD is $1.37. All expenditures are eligible for 100 percent funding from the Ministry of Health.

Funding details are provided in Table 1 to follow.

TABLE 1: Financial Impact Summary (US Dollars and Canadian Dollar Equivalent based on exchange rate)

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

The Director, Court Services recommendsthat:

1. City Council receive the 2023 Annual Report from the Chair, Administrative Penalty Tribunal, contained in Attachment 1 to the report for information.

The Administrative Penalty Tribunal is an independent adjudicative body consisting of 25 public Panel Members referred to as Hearing Officers. Hearing Officers are appointed by City Council and provide a second, independent review and decision in a parking violation dispute, after a screening review has been completed. Hearing Officers have the authority to affirm, vary or cancel the decision of a Screening Officer and extend time for payment. In carrying out this mandate, the Tribunal is authorized to conduct hearings and hearing reviews. Decisions of the Hearing Officers are final - there is no further appeal.

There are no financial implications arising from the recommendations included in this report in the current budget year or in future years.

Any financial implications resulting from the recommendations included in the Administrative Penalty Tribunal 2023 Administrative Penalty Tribunal Chair's Annual Report for the creation of an Administrative Penalty Tribunal Vice Chair appointment as well as a review of Administrative Penalty Tribunal member remuneration would be identified and submitted for consideration through a future staff report or through future budget processes.

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

Councillor Paul Ainslie recommends that:

1. The General Government Committee request the Deputy City Manager, Corporate Services, and the Executive Director, Corporate Real Estate Management to report to the General Government Committee by October 16, 2024, on the overall state of amenities and the plan for refurbishing and improving the public spaces around Toronto City Hall and Nathan Phillips Square, with the report to include:

a. enhancing public seating around City Hall, including an overview of current plans and progress made to increase seating options.

b. water fountains on the Square, including the status of the non-functioning water fountains and provide a timeline for repairs or replacements.

c. the electronic display board at the southeast corner, including any issues with the display board and providing an estimated timeline for resolution; and

d. electrical support, with an analysis of the current electrical infrastructure and proposed potential solutions to reduce the need for temporary cabling during events.

As we continue to enhance the public spaces around City Hall and Nathan Phillips Square, I would like to request a comprehensive report back at the upcoming October 16, 2024, General Government Committee meeting on the overall state of amenities in the area.

To ensure these items are thoroughly addressed, please include updates on the following:

- Enhancing public seating around City Hall: Please provide an overview of current plans and progress made to increase seating options.

- Water fountains on the Square: Please outline the status of the non-functioning water fountains and provide a timeline for repairs or replacements.

- Electronic display board at the southeast corner: Please report on the issue with the display board and provide an estimated timeline for resolution.

- Electrical support: Please present an analysis of the current electrical infrastructure and propose potential solutions to reduce the need for temporary cabling during events.

I understand that efforts have been made to improve the area, and I look forward to a detailed update on the progress made.

By addressing these concerns proactively, we can enhance the overall experience for the thousands of visitors who enjoy City Hall and Nathan Phillips Square, a vibrant space that reflects the heart of our city.

Councillor Paul Ainslie recommends that:

1. The General Government Committee request the Chief Technology Officer and Chief Information Security Officer to report back to the Committee on November 20, 2024, with an update on the iOS AirDrop functionality.

This email serves as a follow-up on the AirDrop functionality that was disabled for all Councillors in September 2021 due to a security concern.

At that time, we were informed of a vulnerability within AirDrop that could potentially allow unauthorized individuals to obtain phone numbers and email addresses of Councillors. While Apple reportedly planned to address this issue in subsequent iOS updates, we have not received any further information regarding the status of a resolution.

Given that this issue has been ongoing for several years, an update on the current and anticipated future use of AirDrop for Councillors would be greatly appreciated.

Therefore, I kindly request that Technology Services investigate this matter further and provide a comprehensive report at the upcoming Government Management Meeting on November 20, 2024. This report should ideally address the following key points:

- A concise summary of the ongoing AirDrop security concerns impacting Councillors.

- A detailed explanation of the specific challenges that hinder the resolution of this issue, with particular emphasis on backward compatibility considerations.

- An estimated timeline outlining when Apple is expected to release a permanent fix for this vulnerability.

The General Government Committee will introduce confirming bill.