Update on Additional Costs Associated with Extraction of the Micro-Tunneling Boring Machine on Contract 20ECS-LU-01FP

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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 adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor, at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege and litigation or potential litigation by the City. Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation by the City. The confidential instructions to staff in Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

This report provides an update to members of the General Government Committee on their request for the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, to report back on options to recover costs related to the emergency non-competitive contract associated with the rescue of the micro-tunneling boring machine used on Contract 20ECS-LU-01FP in the vicinity of Old Mill Drive.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, at the discretion of the City Solicitor, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege and relates to litigation or potential litigation by the City.

Considered

2023-12-06 · General Government Committee · adopted
Decision as filed
The General Government Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor, at the discretion of the City Solicitor, but
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that the remainder of Confidential Attachment 1 to the report (November 20, 2023) from the City Solicitor remain confidential as it contains advice which is subject to solicitor-client privilege and relates to litigation or potential litigation by the City.
Clerk’s note
The General Government Committee recessed its public session to meet in closed session to consider this Item as it pertains to litigation, potential litigation or information subject to solicitor / client privilege.
2023-12-13 · Toronto City Council · adopted

On the record

The item as the City filed it

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