Amendment to Retainer Agreement Purchase Order 6035311 with Osler, Hoskin & Harcourt LLP for Legal Services Related to Pension and Benefits Issues

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The decision

2023-04-20 · General Government Committee · adopted

As filed

The General Government Committee: 1. In accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Finance Control) authorized the City Solicitor to amend the retainer with Osler, Hoskin & Harcourt LLP on Purchase Order Number 6035311, by increasing the value by $50,000 from $1,275,000 to $1,325,000, net of all applicable taxes and charges, and extending the validity end date to December 31, 2025.

On the agenda

As the city filed it

The purpose of this report is to increase the existing retainer amount with the law firm of Osler, Hoskin & Harcourt LLP and extend the time required for completion of the work, currently anticipated to be the end of 2025. The amendment is required to fulfil the City of Toronto's ongoing efforts to merge the City-sponsored legacy pension plans into the Ontario Municipal Employees Retirement System. It is anticipated that a Purchase Order Amendment requesting an additional $50,000 net of all applicable taxes and charges ($50,880 net of Harmonized Sales Tax recoveries) from $1,275,000 to $1,325,000 net of all applicable taxes and charges sought in this report will allow for all matters ancillary to the merger to be completed, along with the transition for the Police Retirement Compensation Arrangement.

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Subject to any further unforeseen delays, the majority of the work is projected to be completed by December 31, 2023, with an additional requirement for a final legal review likely in 2024 or 2025 with respect to the final transfer of tax funds. Osler's longstanding involvement in this multi-year process and their effective guidance on the numerous unanticipated complexities arising over time, suggests that it would not be prudent and would cause delay and additional cost to the City to go to market to retain a new firm which would not have the history and familiarity with this nearly completed matter, for this very limited role which draws on their expertise and current involvement with the Retirement Compensation Arrangement and other issues.

Staff recommended

The Controller, City Solicitor, 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 (Finance Control) authorize the City Solicitor to amend the retainer with Osler, Hoskin & Harcourt LLP on Purchase Order Number 6035311, by increasing the value by $50,000 from $1,275,000 to $1,325,000, net of all applicable taxes and charges, and extending the validity end date to December 31, 2025.

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