Non-Competitive Contract with Imtech Corporation doing business as Activu Corporation, for Maintenance and Support of the City's Traffic Operations Centre

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The decision

2023-12-13 · Toronto City Council · adopted

As filed

City Council on December 13, 14, and 15, 2023, adopted the following: 1. City Council authorize the General Manager, Transportation Services to negotiate and execute a non-competitive agreement with Imtech Corporation doing business as Activu Corporation from April 1, 2024 to March 31, 2029 with two additional separate one-year option periods in the amount of $362,273 United States Dollars net of all applicable taxes

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and charges ($368,649 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Transportation Services, in a form satisfactory to the City Solicitor.

On the agenda

As the city filed it

The purpose of this report is to seek City Council authority to enter into a new Non -Competitive contract with Imtech Corporation doing business as Activu Corporation for the continuation of the maintenance and support of the City's Traffic Operations Centre Activu Video Wall Systems at 703 Don Mills Road. The term of the contract is expected to be for a period of three (3) years commencing April 1, 2024 to March 31, 2027, with two (2) additional separate one (1) year option terms for a total cumulative term of five (5) years that would end on March 31, 2029, with a value of $362,273 United States Dollar (USD) net of all applicable taxes and charges ($368,649 net of Harmonized Sales Tax recoveries).

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The Activu software that is installed and currently running at the City of Toronto's Traffic Operations Centre at 703 Don Mills Road is designed and developed by Imtech Corporation doing business as Activu Corporation. Based on the exclusive rights letter provided by Activu, it states that Activu does not resell the software through any distribution channels, and there are no trained or licensed resellers or organizations that are capable of integrating, supporting, troubleshooting, and repairing the Activu software. City Council approval is required in accordance with Municipal Code Chapter 195- Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment for each supplier, under Article 7, Section 195- Non-Competitive Contract Imtech Corporation doing business as Activu Corporation 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.

Staff recommended

The General Manager, Transportation Services, and the Chief Procurement Officer recommend that: 1. City Council authorize the General Manager, Transportation Services to negotiate and execute a non-competitive agreement with Imtech Corporation doing business as Activu Corporation from April 1, 2024 to March 31, 2029 with two (2) additional separate one (1) year option periods in the amount of $362,273 USD net of all applicable

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taxes and charges ($368,649 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Transportation Services, in a form satisfactory to the City Solicitor.

Considered

2023-12-06 · General Government Committee · adopted
Decision as filed
The General Government Committee recommend that: 1. City Council authorize the General Manager, Transportation Services to negotiate and execute a non-competitive agreement with Imtech Corporation doing business as Activu Corporation from April 1, 2024 to March 31, 2029 with two (2) additional separate one (1) year option periods in the amount of $362,273 USD net of all applicable taxes and charges ($368,649 net of Harmonized
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Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Transportation Services, in a form satisfactory to the City Solicitor.
2023-12-13 · Toronto City Council · adopted

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