General Government Committee
The full agenda, as filed
All 12 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
GG1.1amended
General Government Committee Overview
The Deputy City Manager, Corporate Services, the Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer will present an overview of the Divisions that report to the General Government Committee and on major initiatives for 2023.
The General Government Committee: 1. Requested the Chief Financial Officer and Treasurer to report back to the General Government Committee on the possibility of Toronto adopting the Open Contracting Global Principles and an Inspector General, as part of the report on Chapter 195.
GG1.2adopted
The purpose of this report is to seek authority to amend Purchase Order Number 6051512 with 614128 Ontario Ltd, o/a Trisan Construction (Trisan Construction) for the Replacement of Sewage Forcemains at Baby Point SPS, awarded under Request for Tender (RFT) Number DOC 2373695353, Contract Number 20TW-CTS-14CWD (Contract). Forcemain replacement on Brimley Road South was expedited to avoid conflict with other construction work that the Toronto Regional Conservation Authority (TRCA) had planned in 2022 and this work was added to the Contract through a previous purchase order amendment. During construction at the Brimley Road South location, the contractor encountered a number of issues that were unforeseen which required additional work to be carried out. The total Purchase Order amendment required is $149,988 net of all taxes and charges ($152,628 net of HST recoveries), revising the current purchase order value from $5,075,630 to $5,225,618 net of all taxes and charges ($5,317,589 net of HST recoveries).
The General Government Committee: 1. In accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), authorized the amendment of Purchase Order Number 6051512 with 614128 Ontario Ltd, o/a Trisan Construction for the construction services related to the Replacement of Sewage Forcemains at Baby Point SPS, Contract Number 20TW-CTS-14CWD by an additional amount of $149,988 net of all taxes and charges ($152,628 net of HST recoveries), revising the current purchase order value from $5,075,630 to $5,225,618 net of all taxes and charges ($5,317,589 net of HST recoveries).
Staff recommendation as filed
The General Manager, Toronto Water and the Acting Chief Procurement Officer, Purchasing and Materials Management Division recommends that: 1. General Government Committee in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6051512 with 614128 Ontario Ltd, o/a Trisan Construction for the construction services related to the Replacement of Sewage Forcemains at Baby Point SPS, Contract Number 20TW-CTS-14CWD by an additional amount of $149,988 net of all taxes and charges ($152,628 net of HST recoveries), revising the current purchase order value from $5,075,630 to $5,225,618 net of all taxes and charges ($5,317,589 net of HST recoveries).
GG1.3adopted
The purpose of this report is to request the authority to amend Purchase Order Number 6052646 issued to HDR Corporation for Professional Consulting Engineering Services for the Eglinton East Light Rail Transit (EELRT) Transit Project Assessment Process (TPAP) Environmental Assessment (EA) and 10 Percent Functional Design awarded under Request for Proposal (RFP) Ariba Document Number 2991705152. This amendment is being requested to respond to City Council direction under EX33.2 to advance the EELRT TPAP and 10 percent design for a distinct service concept, instead of a through service concept, with an at-grade connection at Kennedy Station for the EELRT from Kennedy Station to Malvern Town Centre, and the Sheppard Avenue segment from Neilson Road to McCowan Road, amongst other matters. This amendment will enable HDR to expand the EELRT constructability assessment and design refinement at two Scarborough Subway Extension (SSE) interface locations (Kennedy and Sheppard-McCowan stations) based on this increased scope of work. This work will also deliver and refine line wide changes including the location of the Maintenance and Storage Facility and vehicle technology and as well as a predominately at-grade alignment, while also updating the cost estimate and the business case. Lastly, this amendment will also assist the City to expand existing public and stakeholder consultation on the project's changes. A one-year extension to the contract from February 28, 2023 to March 1, 2024 is required to allow the above noted tasks to be completed and incorporated into the TPAP EA for a distinct service EELRT, which is anticipated to commence in Q3 2023. The total value of the Purchase Order Amendment being requested is $967,887 net of all taxes and charges ($984,922 net of HST recoveries), revising the current purchase order value from $1,488,874 net of all taxes and charges ($1,515,078 net of HST recoveries) to $2,456,761 net of all taxes and charges ($2,500,000 net of HST recoveries).
The General Government Committee: 1. In accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), authorized the amendment of Purchase Order Number 6052646 with HDR Corporation for Professional Consulting Engineering Services for the Eglinton East LRT Transit Project Assessment Process (TPAP) Environmental Assessment and 10 Percent Functional Design by an additional amount of $967,887 net of all taxes and charges ($984,922 net of HST recoveries), revising the current purchase order value from $1,488,874 net of all taxes and charges ($1,515,078 net of HST recoveries) to $2,456,761 net of all taxes and charges ($2,500,000 net of HST recoveries) and extend the delivery date from March 1, 2023 to March 1, 2024.
Staff recommendation as filed
The Executive Director, Transit Expansion Division and Acting Chief Procurement Officer recommends that: 1. The General Government Committee, in accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), authorize the amendment of Purchase Order Number 6052646 with HDR Corporation for Professional Consulting Engineering Services for the Eglinton East LRT Transit Project Assessment Process (TPAP) Environmental Assessment and 10 Percent Functional Design by an additional amount of $967,887 net of all taxes and charges ($984,922 net of HST recoveries), revising the current purchase order value from $1,488,874 net of all taxes and charges ($1,515,078 net of HST recoveries) to $2,456,761 net of all taxes and charges ($2,500,000 net of HST recoveries) and extend the delivery date from March 1, 2023 to March 1, 2024.
GG1.4amended
The purpose of this report is to seek authority for the General Manager, Fleet Services Division to amend and increase the target values of Blanket Contract Number 47023372 issued to Ford Motor Company of Canada Limited (Ford), and of Purchase Order Number 6047621 issued to FCA Canada Inc. (Fiat Chrysler Automobiles). Should the optional year be extended by the Ministry of Government and Consumer Services for the final year, the General Manager, Fleet Services Division is also seeking authority to extend the term to include the second optional year term from July 1, 2023 to June 30, 2024 for Purchase Order Number 6047621 in accordance with the Vendor of Record (VOR) Number OSS-00634452. Fleet Services Division completed a review of the 2022 to 2024 replacement plan and concluded that there will be a funding shortfall. The additional funding will allow Fleet Services to continue supporting vehicle requisitions on behalf City divisions. The total amendment being requested for Blanket Contract Number 47023372 with Ford is for an additional amount of $9,678,999 net of all applicable taxes and charges ($9,849,350 net of HST recoveries) to December 31, 2023, inclusive of all optional renewal terms. The total amendment being requested for Purchase Order Number 6047621 with FCA Canada Inc. is for an additional amount of $4,262,709 net of all applicable taxes and charges ($4,337,732 net of HST recoveries), inclusive of potential optional renewal terms from July 1, 2023 to June 30, 2024 should the optional year be extended by the Ministry of Government and Consumer Services for the final year. General Government Committee approval is required in accordance with Section 71-11.1C of the Toronto Municipal Code Chapter 71 (Financial Control By-law), where the current request exceeds the threshold of $500,000 net of all taxes and charges.
The General Government Committee: 1. Authorized the General Manager, Fleet Services to amend Blanket Contract Number 47023372 by increasing the total Blanket Contract target value by $9,678,999 net of HST and all applicable charges ($9,849,350 net of HST recoveries), revising the current Blanket Contract value from $18,127,637 to $27,976,986 net of all taxes and charges. 2. Authorized the General Manager, Fleet Services to amend Purchase Order Number 6047621 by increasing the total Purchase Order value by $4,262,709 net of HST and all applicable charges ($4,337,732 net of HST recoveries), revising the current Purchase Order value from $17,562,802 to $21,825,511 net of all taxes and charges. Should the optional year be extended by the Ministry of Government and Consumer Services for the final year, Fleet Services is also requesting to exercise optional renewal term from July 1, 2023 to June 30, 2024. 3. Requested the General Manager, Fleet Services to report back to the General Government Committee on the possibility of purchasing "green vehicles" prior to exercising any option years.
Staff recommendation as filed
The General Manager, Fleet Services, and the Acting Chief Procurement Officer recommend that: 1. General Government Committee grant authority to the General Manager, Fleet Services Division to amend Blanket Contract Number 47023372 by increasing the total Blanket Contract target value by $9,678,999 net of HST and all applicable charges ($9,849,350 net of HST recoveries), revising the current Blanket Contract value from $18,127,637 to $27,976,986 net of all taxes and charges. 2. General Government Committee grant authority to the General Manager, Fleet Services Division to amend Purchase Order Number 6047621 by increasing the total Purchase Order value by $4,262,709 net of HST and all applicable charges ($4,337,732 net of HST recoveries), revising the current Purchase Order value from $17,562,802 to $21,825,511 net of all taxes and charges. Should the optional year be extended by the Ministry of Government and Consumer Services for the final year, Fleet Services is also requesting to exercise optional renewal term from July 1, 2023 to June 30, 2024.
GG1.5adopted
Amendments to Various Drinking Water Treatment Chemical Blanket Contracts
The purpose of this report is to request authority to amend various blanket contracts for the supply and delivery of critical chemicals used in the purification of water at the City's four drinking water treatment plants. These amendments are requested in response to escalating unit costs resulting from increased raw material costs, global supply chain challenges and the war in Eastern Europe. The amendment also covers the costs associated with increased chemical usage to further enhance the treatment of water. The amendments requested total $4,182,336 (net of HST recoveries) and would increase the current target value of five (5) Blanket Contracts.
The General Government Committee: 1. In accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), authorized the General Manager, Toronto Water to amend existing Blanket Contract Number 47021759 issued to Kemira Water Solutions Canada Inc., for the supply and delivery of Liquid Polyaluminum Chloride for the Horgan water treatment plant to increase the overall target value by $260,000 net of all applicable taxes and charges ($264,576 net of HST Recoveries). 2. In accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), authorized the General Manager, Toronto Water to amend existing Blanket Contract Number 47023306 issued to Brenntag Canada Inc., for the supply and delivery of Liquid Chlorine for the City of Toronto's drinking water treatment plants to increase the overall target value by $1,700,000 net of all applicable taxes and charges ($1,729,920 net of HST Recoveries). 3. In accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 Financial Control By-law, granted authority to the General Manager, Toronto Water to amend existing Blanket Contract Number 47023305 issued to FloChem Ltd., for the supply and delivery of Phosphoric Acid for the City of Toronto's drinking water treatment plants and increase the overall target value including all option years by $900,000 net of all applicable taxes and charges ($915,840 net of HST Recoveries). 4. In accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), authorized the General Manager, Toronto Water to amend existing Blanket Contract Number 47023308 issued to Fanchem Ltd. dba PVS Benson, for the supply and delivery of Hydrofluosilicic Acid for the City of Toronto's drinking water treatment plants and increase the overall target value including all option years by $725,000 net of all applicable taxes and charges ($737,760 net of HST Recoveries). 5. In accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), authorized the General Manager, Toronto Water to amend existing Blanket Contract Number 47023326 issued to Chemtrade Chemicals Canada Ltd., for the supply and delivery of Aluminum Sulphate for the City of Toronto's drinking water treatment plants and increase the overall target value by $525,000 net of all applicable taxes and charges ($534,240 net of HST Recoveries).
Staff recommendation as filed
The General Manager, Toronto Water and the Acting Chief Procurement Officer, recommend that: 1. The General Government Committee, in accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 Financial Control By-law, grant authority to the General Manager, Toronto Water to amend existing Blanket Contract Number 47021759 issued to Kemira Water Solutions Canada Inc., for the supply and delivery of Liquid Polyaluminum Chloride for the Horgan water treatment plant to increase the overall target value by $260,000 net of all applicable taxes and charges ($264,576 net of HST Recoveries). 2. The General Government Committee, in accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 Financial Control By-law, grant authority to the General Manager, Toronto Water to amend existing Blanket Contract Number 47023306 issued to Brenntag Canada Inc., for the supply and delivery of Liquid Chlorine for the City of Toronto's drinking water treatment plants to increase the overall target value by $1,700,000 net of all applicable taxes and charges ($1,729,920 net of HST Recoveries). 3. The General Government Committee, in accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 Financial Control By-law, grant authority to the General Manager, Toronto Water to amend existing Blanket Contract Number 47023305 issued to FloChem Ltd., for the supply and delivery of Phosphoric Acid for the City of Toronto's drinking water treatment plants and increase the overall target value including all option years by $900,000 net of all applicable taxes and charges ($915,840 net of HST Recoveries). 4. The General Government Committee, in accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 Financial Control By-law, grant authority to the General Manager, Toronto Water to amend existing Blanket Contract Number 47023308 issued to Fanchem Ltd. dba PVS Benson, for the supply and delivery of Hydrofluosilicic Acid for the City of Toronto's drinking water treatment plants and increase the overall target value including all option years by $725,000 net of all applicable taxes and charges ($737,760 net of HST Recoveries). 5. The General Government Committee, in accordance with Section 71-11A of the City of Toronto Municipal Code Chapter 71 Financial Control By-law, grant authority to the General Manager, Toronto Water to amend existing Blanket Contract Number 47023326 issued to Chemtrade Chemicals Canada Ltd., for the supply and delivery of Aluminum Sulphate for the City of Toronto's drinking water treatment plants and increase the overall target value by $525,000 net of all applicable taxes and charges ($534,240 net of HST Recoveries).
GG1.6adopted
The purpose of this report is to advise City Council of the results of Request for Quotation Ariba Document Number 3744719435, for the Supply of Liquid Oxygen, the Lease of Liquid Oxygen Equipment and the Provision of Specialized Maintenance Services at the F.J. Horgan Water Treatment Plant (the "RFQ"), and to request authority to award the contract to Air Products Canada Ltd., in the amount of $2,524,558 net of all applicable taxes and charges ($2,568,991 net of HST recoveries) for the initial term inclusive of optional items that the City may elect to exercise with an option in favour of the City to extend the contract for an option period of four (4) years, for a total potential contract award of $4,369,524 net of all applicable taxes and charges ($4,446,428 net of HST recoveries). The proposed contract is for a minimum period of five (5) years, with an option in favour of the City to extend the contract on the same terms and conditions for one (1) additional four (4) year period. Since the proposed contract term, inclusive of any extension of the contract term as exercised by the City, exceeds five (5) years, City Council authority to award the contract is required in accordance with Section 195-8.5.B. of Municipal Code Chapter 195, Purchasing (the "City's Purchasing By-law").
The General Government Committee recommends that: 1. City Council, in accordance with Section 195-8.5.B. of Toronto Municipal Code Chapter 195, Purchasing, award the contract for Request for Quotation, Ariba Document Number 3744719435 for the Supply of Liquid Oxygen, the Lease of Liquid Oxygen Equipment and the Provision of Specialized Maintenance Services at the F. J. Horgan Water Treatment Plant ("RFQ") to Air Products Canada Ltd., being the lowest bidder meeting RFQ specifications, for a minimum period of five (5) years, with an option in favour of the City to extend the contract for one (1) additional four (4) year period on the same terms and conditions, for a total potential total contract value of $4,369,524 net of all applicable taxes and charges ($4,446,428 net of HST Recoveries) and inclusive of estimated annual adjustments for consumer price index (CPI) and optional items that the City may elect to exercise.
Staff recommendation as filed
The General Manager, Toronto Water and the Acting Chief Procurement Officer, recommend that: 1. City Council, in accordance with Section 195-8.5.B. of Toronto Municipal Code Chapter 195, Purchasing, award the contract for Request for Quotation, Ariba Document Number 3744719435 for the Supply of Liquid Oxygen, the Lease of Liquid Oxygen Equipment and the Provision of Specialized Maintenance Services at the F. J. Horgan Water Treatment Plant ("RFQ") to Air Products Canada Ltd., being the lowest bidder meeting RFQ specifications, for a minimum period of five (5) years, with an option in favour of the City to extend the contract for one (1) additional four (4) year period on the same terms and conditions, for a total potential total contract value of $4,369,524 net of all applicable taxes and charges ($4,446,428 net of HST Recoveries) and inclusive of estimated annual adjustments for consumer price index (CPI) and optional items that the City may elect to exercise.
GG1.7adopted
The purpose of this report is to advise of the results of the Request for Tender Ariba Document Number 3740576765, Contract Number 22ECS-TI-13LR, for the 2022 Local Roads Resurfacing Program and to request authority to award the contract to D. Crupi & Sons Limited, in the amount of $51,838,829 net of all applicable taxes and charges ($52,751,193 net of HST recoveries).
The General Government Committee: 1. In accordance with Section 195-8.4A of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), authorized Contract Number 22ECS-TI-13LR, Ariba Document Number 3740576765, for the 2022 Local Road Resurfacing Program in the amount of $51,838,829 net of all applicable taxes and charges ($52,751,193 net of HST recoveries) to D. Crupi & Sons Limited, having submitted the lowest compliant bid and meeting the specifications in conformance with the Tender requirements.
Staff recommendation as filed
The Chief Engineer and Executive Director, Engineering and Construction Services and the Acting Chief Procurement Officer, Purchasing and Materials Management recommend that: 1. General Government Committee, in accordance with Section 195-8.4A of the Toronto Municipal Code Chapter 195 (Purchasing By-Law), grant authority to award Contract Number 22ECS-TI-13LR, Ariba Document Number 3740576765, for the 2022 Local Road Resurfacing Program in the amount of $51,838,829 net of all applicable taxes and charges ($52,751,193 net of HST recoveries) to D. Crupi & Sons Limited, having submitted the lowest compliant bid and meeting the specifications in conformance with the Tender requirements.
GG1.8adopted
The purpose of this report is to advise Toronto City Council, pursuant to Chapter 195 of the Toronto Municipal Code (Purchasing By-law, Section 195-7.4), of a non-competitive contract with Aqua Tech Solutions Inc. (Aqua Tech) to procure emergency general contracting and construction services to repair two (2) damaged critical sewer sections (a section of 375mm sanitary sewer and a 1800x1500mm storm sewer outfall) in the North Park creek crossing for a total value of $3,239,545 net of all applicable taxes and charges ($3,296,561 net of HST recoveries). The issuance of this non-competitive contract was a matter of extreme urgency. It was necessary to complete the work immediately, without a formal competitive tender process, due to the active spill of raw sanitary sewage into North Park Creek and the risks associated with the imminent failure of the sewers. The failure of the sewers could have had impacts on public health and safety, the environment, private property, and could have resulted in legislative non-compliance. Toronto Water was able to quickly facilitate a process whereby four (4) vendors were invited to bid an estimated scope of work, and the lowest bidder, Aqua Tech was selected. In consultation with the Purchasing and Materials Management Division, this emergency procurement could not be reported to the General Government Committee and Council in the required timeframe. This was as a result of the requirements for Toronto Water to investigate and undertake the critical emergency construction work and to properly reconcile and approve all payments to the contractor/subcontractors - a process that was finalized in April 2022. Reporting back to City Council is required in accordance with Municipal Code Chapter 195, Purchasing, where the potential value of the non-competitive contract exceeds $500,000 as per Article 7, Section 195-7.4(B) of the Purchasing By-law.
The General Government Committee recommends that: 1. City Council receive the report (January 4, 2023) from the General Manager, Toronto Water and the Acting Chief Procurement Officer, for information.
Staff recommendation as filed
The General Manager, Toronto Water and the Acting Chief Procurement Officer recommends that: 1. City Council receive this report for information.
GG1.9adopted
The purpose of this report is to advise Toronto City Council, pursuant to Chapter 195 of the Toronto Municipal Code (Purchasing By-Law, Section 195-7.4), of a non-competitive contract with 614128 Ontario Ltd. o/a Trisan Construction. Emergency general contracting and construction services were required to replace a collapsed sewer main by directional drill method within an easement located between Ridge Drive and Carstowe Road in the amount of $2,095,723 net of all applicable taxes and charges ($2,132,608 net of HST recoveries). The issuance of this non-competitive construction contract to replace the failed sewer main was initiated on August 2, 2022, as a matter of extreme urgency due to risks to health and safety, private property, and the environment. The contract was successfully executed and construction of the new sewer main was completed on November 11, 2022. This repair was deemed as an emergency by the General Manager of Toronto Water, under Chapter 195-7.1 (G) of the Municipal Code. Reporting back to City Council is required in accordance with Municipal Code Chapter 195, Purchasing, Article 7, Section 195-7.4(B) where a non-competitive contract that exceeds $500,000 was entered into based on an emergency.
The General Government Committee recommends that: 1. City Council receive the report (January 4, 2023) from the General Manager, Toronto Water and the Acting Chief Procurement Office, for information.
Staff recommendation as filed
The General Manager, Toronto Water and the Acting Chief Procurement Officer recommends that: 1. City Council receive this report for information.
GG1.10adopted
Increase to Contract Value for Credit and Debit Card Processing Services with Moneris Solutions Inc.
The City of Toronto has engaged the services of Moneris Solutions Inc. (Moneris) for debit and credit card processing activities where payments are made directly to City offices and through the City's online portal. In November 2016, Council approved a ten year contract with Moneris, which started in February 2017, valued at $29,647,193, broken down into a five-year contract value of $14,825,649 and an additional $14,821,544 maximum over five, one-year terms, at $2.9M maximum per year, exercised at the discretion of the Controller. The City is currently in year six of the contract term. As a merchant, when a debit or credit card is used to pay for a good or service directly to the City, the transaction is processed through Moneris, as required by the card payment infrastructure. The transaction is settled within a few days, with the City of Toronto receiving payment of the transacted amount, net of processing fees. Card processing fees withheld from the payment settlement have two components: card fees that flow back to the card brands, such as VISA and MasterCard, and the financial institutions that issue the cards, such as the Royal Bank or BMO, and transaction processing fees retained by the card processing service provider, in this case Moneris, for transaction processing and administration, which includes the rental of processing equipment and devices. This arrangement is consistent across public and private sectors participating in the payment card industry. Moneris' services differ from those provided by the City's arrangement with PayIt LLC through the MyToronto Pay portal, which offers an alternate method for consumers of City services to make payments. MyToronto Pay is an online service platform that Toronto residents and businesses currently use to make payments for property taxes, utility billings and parking violations; as part of the transaction costs, the arrangement allows for the transfer of convenience and/or credit card processing fees directly to consumers, based on how the payment is made (debit vs. credit card). Charging users directly for these payment processing fees has reduced the overall costs the City has borne for online payments, including amounts paid to Moneris. Card processing fees are dictated by the card industry and set by the card brands and the financial institutions that take on the credit risk. These fees vary based on a number of factors, such as type of card used, banking institution issuing the card, and transaction value, while Moneris' fees are based on the proposed pricing in their RFP submission. Payment card rules are imposed on all merchants who accept debit and credit cards and are not protected by the contract with the card processing service provider. Most organizations do not set a contract maximum, or one that includes the card fees dictated by the card industry, while the City's existing contract includes both the card fees and the transaction processing fees in the contract maximum, which was $29.6M based on card payment activity between 2013 and 2015. Other factors, such as the cost of mandatory new services required to maintain card holder security, the City's modernization efforts, the pandemic and changes to consumer preferences have also resulted in exponential growth to payments using credit cards and as a result, the contract value is almost exhausted, even though only 6 percent of the fees have been directly retained by Moneris for transactions processing. Once the contract maximum value is reached, Moneris is no longer obligated to provide card processing services at the competitive bid rates specified in the contract. The City will face card processing service disruptions and lose the preferred pricing being received for transaction processing and administrative services. As a valued partner providing quality service to the City's divisions, the Controller recently executed the second contract extension with Moneris. However, the agreement and contract value must be amended to address the above issues. As such, the report requests Council to authorize the Controller to correct this situation by amending the agreement with Moneris such that only the maximum value of fees withheld by Moneris for their card processing services is included in the maximum contract value. Based on activity over the past six years, adjusted for growth over the past two years and into the future, the contract maximum for fees withheld by Moneris is expected to be $4M. In addition, Council is requested to authorize the Controller to amend the contract, as required, for new services that are either mandatory for cardholder data security, or recommended to mitigate fraud risk and associated penalties and fees. These changes would allow City divisions to continue to accept this modernized payment tool. Finally, Council is being requested to direct staff to review the viability of card fee recovery options now available through changes to card brand rules.
The General Government Committee: 1. Authorized the Controller to amend the agreement with Moneris such that: a. the contract maximum only factor in fees specifically retained by Moneris for transaction processing and administration services; and b. the amended agreement with Moneris reflect a contract maximum of $4.0M over the remaining term of the agreement to January 31, 2027. 2. Authorized the Controller to amend the contract, when required, based on new service offerings needed to maintain card holder security and protect the City against possible card fraud. 3. Authorized relevant City staff to review the feasibility of implementing convenience fees and surcharges available through card brand rules and to report back to Council with possible cost recovery options.
Staff recommendation as filed
The Controller recommends that General Government Committee: 1. Authorize the Controller to amend the agreement with Moneris such that: a. the contract maximum only factor in fees specifically retained by Moneris for transaction processing and administration services; and b. the amended agreement with Moneris reflect a contract maximum of $4.0M over the remaining term of the agreement to January 31, 2027. 2. Authorize the Controller to amend the contract, when required, based on new service offerings needed to maintain card holder security and protect the City against possible card fraud. 3. Authorize relevant City staff to review the feasibility of implementing convenience fees and surcharges available through card brand rules and to report back to Council with possible cost recovery options.
GG1.11amended
The purpose of this report is to seek City Council authority for the transfer of the City-owned properties identified in Confidential Attachment 1 ("the Properties") from the City to CreateTO's corporate entity, Build Toronto Inc. This report is in response to direction received in Item EX31.10 "ModernTO: Unlocking Eight City-Owned Properties" to report back to City Council with an update on the ModernTO properties to be unlocked in the short-term and specifically to report back on proposed terms for an upcoming transaction on the Properties identified in Confidential Attachment 1.
The General Government Committee recommends that: 1. City Council grant authority to the Executive Director, Corporate Real Estate Management, to enter into an agreement to transfer the lands identified in Confidential Attachment 1 to the report (January 6, 2023) from the Executive Director, Corporate Real Estate, including agreements related thereto, to CreateTO's corporate entity known as Build Toronto Inc., or an affiliate of Build Toronto Inc., substantially on the terms and conditions set out in Confidential Attachment 1 and such other and amended terms and conditions that are acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 2. City Council authorize severally each of the Executive Director, Corporate Real Estate Management, and Director, Transactions Services to execute the documents required to complete the transfer transaction. 3. City Council authorize the Executive Director, Corporate Real Estate Management to enter into a fully net lease with nominal base rent for those parts of the lands identified in Confidential Attachment 1 to the report (January 6, 2023) from the Executive Director, Corporate Real Estate,, with Build Toronto Inc. or the subsequent owner of the lands, substantially on the terms summarized in Confidential Attachment 1. 4. 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 with Build Toronto Inc. or the subsequent owner of the lands, for the lands identified in Confidential Attachment 1 to the report (January 6, 2023) from the Executive Director, Corporate Real Estate, comprised of approximately 16,361 square feet of community space (the "Leased Premises"), for the purposes of providing a Municipal Capital Facility related to the provision of social and health services and ancillary parking; and b. exempt the Leased Premises and ancillary parking, if any, from taxation for municipal and school purposes, with the tax exemption being effective from the latest of: i. the commencement date of the Lease; ii. the date the Municipal Capital Facility Agreement is entered into; and iii. the date the Tax Exemption By-law is enacted. 5. 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 Mon Avenir. 6. City Council approve, as the approving authority under the provisions of the Expropriations Act, the disposal to Build Toronto Inc. of any property, that forms part of the transactions contemplated by this report, that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property. 7. City Council authorize the public release of Confidential Attachment 1 to the report (January 6, 2023) from the Executive Director, Corporate Real Estate, following the closing of the transactions contemplated in Confidential Attachment 1 to the report (January 6, 2023) from the Executive Director, Corporate Real Estate, at the discretion of the Executive Director, Corporate Real Estate Management. 8. City Council authorize the public release of Confidential Attachments 1 and 2 to the report (November 3, 2022) from the Chief Executive Officer, CreateTO following the closing of any agreement of purchase and sale transaction. 9. City Council request the Deputy City Manager, Corporate Services, in consultation with CreateTO, to report to the General Government Committee in the second quarter of 2023, on guidelines and principles for achieving "City Building Objectives" when properties are transferred to CreateTo or sold to the private sector.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management recommends that: 1. City Council grant authority to the Executive Director, Corporate Real Estate Management, to enter into an agreement to transfer the lands identified in Confidential Attachment 1, including agreements related thereto, to CreateTO's corporate entity known as Build Toronto Inc., or an affiliate of Build Toronto Inc., substantially on the terms and conditions set out in Confidential Attachment 1 and such other and amended terms and conditions that are acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 2. City Council authorize severally each of the Executive Director, Corporate Real Estate Management, and Director, Transactions Services to execute the documents required to complete the transfer transaction. 3. City Council authorize the Executive Director, Corporate Real Estate Management to enter into a fully net lease with nominal base rent for those parts of the lands identified in Confidential Attachment 1, with Build Toronto Inc. or the subsequent owner of the lands, substantially on the terms summarized in Confidential Attachment 1. 4. 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 with Build Toronto Inc. or the subsequent owner of the lands, for the lands identified in Confidential Attachment 1, comprised of approximately 16,361 square feet of community space (the "Leased Premises"), for the purposes of providing a Municipal Capital Facility related to the provision of social and health services and ancillary parking; and b. exempt the Leased Premises and ancillary parking, if any, from taxation for municipal and school purposes, with the tax exemption being effective from the latest of: i. the commencement date of the Lease; ii. the date the Municipal Capital Facility Agreement is entered into; and iii. the date the Tax Exemption By-law is enacted. 5. 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 Mon Avenir. 6. City Council approve, as the approving authority under the provisions of the Expropriations Act, the disposal to Build Toronto Inc. of any property, that forms part of the transactions contemplated by this report, that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property. 7. City Council authorize the public release of Confidential Attachment 1 to this report following the closing of the transactions contemplated in Confidential Attachment 1, at the discretion of the Executive Director, Corporate Real Estate Management.
GG1.12adopted
Updating the Fair Wage Schedule, 2019-2022
The purpose of this report is to update Schedule C of Toronto Municipal Code Chapter 67, Fair Wage (the "Fair Wage Schedule"). The Fair Wage Schedule is comprised of six schedules for the following classifications of work: General Classifications, Heavy Construction Work; Industrial, Commercial, Institutional (I.C.I.) Work; Road Building; Sewer and Watermain Construction; and Utility Work. The Fair Wage Schedule is used with the Fair Wage Policy, being Schedule A to Chapter 67, to harmonize hourly wages, vacation and holiday pay, benefits, and weekly hours of work received by organized and unorganized workers performing City work and to create a level playing field for contractors bidding on City contracts. An updated Fair Wage Schedule is recommended to Council for approval every three years. Updating the Fair Wage Schedule took longer to complete than expected due to a number of factors, including limited staffing resources and the impact of the COVID-19 pandemic. The current Fair Wage Schedule covers 2016 to 2019 and must be updated to reflect 2019 to 2022 rates. The updated Fair Wage Schedule set out in Attachment "A" reflects wage increases recognized by the construction labour markets. The Fair Wage Schedule for 2022 to 2024 will be updated later in 2023. This report recommends that the updated Fair Wage Schedule take effect for all new City procurements issued on or after March 1, 2023. All City contracts or procurement documents issued before March 1, 2023 will use the Fair Wage rates set out in the current Fair Wage Schedule (2016 to 2019). In order to maintain a record of historic wages. The Fair Wage Office will maintain copies of the former Fair Wage Schedules at the Fair Wage Office and on the Fair Wage Office website.
The General Government Committee recommends that: 1. City Council delete Schedule C to Municipal Code, Chapter 67, and adopt the six updated schedules attached to this report as Attachment "A", as the new Schedule C to Chapter 67 effective March 1, 2023 (the "Effective Date"). 2. City Council amend Schedule A to Municipal Code, Chapter 67, by inserting the following new subsections under Section 67-A6 - Establishment of Rates: "G. All City procurement documents issued prior to any revised Fair Wage Schedules coming into force will include the Fair Wage Schedules in force on the date of issuance. H. All City contracts awarded prior to any revised Fair Wage Schedules coming into force will not be affected by the revised Fair Wage Schedules coming into force."
Staff recommendation as filed
It is recommended by the Manager, Fair Wage Office that: 1. City Council delete Schedule C to Municipal Code, Chapter 67, and adopt the six updated schedules attached to this report as Attachment "A", as the new Schedule C to Chapter 67 effective March 1, 2023 (the "Effective Date"). 2. City Council amend Schedule A to Municipal Code, Chapter 67, by inserting the following new subsections under Section 67-A6 - Establishment of Rates: "G. All City procurement documents issued prior to any revised Fair Wage Schedules coming into force will include the Fair Wage Schedules in force on the date of issuance. H. All City contracts awarded prior to any revised Fair Wage Schedules coming into force will not be affected by the revised Fair Wage Schedules coming into force."