General Government Committee
The full agenda, as filed
All 16 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.
GG7.1adopted
The purpose of this report is to request authority to amend existing Blanket Contract 47022060 issued to Cover-All Computer Services for the supply, printing and mailing of Provincial Offences notice. This request amount is required to address the underestimation of contract values, due to an increase in volume of required notices, for the provision of supply, printing and mailing services to support the notification of defendants under the Provincial Offences Act (POA) up to March 31, 2024, the final year of the contract. The increase in total contract target value is required to process outstanding and anticipated invoices for supply, printing, and mailing services through the end of the contract. The total amendment being requested is $350,000, net of all applicable taxes, $356,160 net of Harmonized Sales Tax recoveries, revising the current blanket contract value from $894,543 net of all applicable taxes and charges ($910,287 net of Harmonized Sales Tax recoveries) to $1,244,543 net of all applicable taxes and charges ($1,266,447 net of Harmonized Sales Tax recoveries).
The General Government Committee: 1. In accordance with Section 71-11.1C of the City of Toronto Municipal Code, Chapter 71 (Financial Control By-Law), authorized to the Director, Court Services to amend the Blanket Contract for the supply, printing and mailing of Provincial Offences notices by $350,000 net of all applicable taxes and charges ($356,160 net of Harmonized Sales Tax recoveries) from $894,543 net of all applicable taxes and charges ($910,287 net of Harmonized Sales Tax recoveries) to $1,244,543 net of all applicable taxes and charges ($1,266,447 net of Harmonized Sales Tax recoveries).
Staff recommendation as filed
The Director, Court 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 the Director, Court Services to amend the Blanket Contract for the supply, printing and mailing of Provincial Offences notices by $350,000 net of all applicable taxes and charges ($356,160 net of Harmonized Sales Tax recoveries) from $894,543 net of all applicable taxes and charges ($910,287 net of Harmonized Sales Tax recoveries) to $1,244,543 net of all applicable taxes and charges ($1,266,447 net of Harmonized Sales Tax recoveries).
GG7.2adopted
The purpose of this report is to request the General Government Committee authority to amend Blanket Contract 47023050 issued to the State Group Inc. to continue providing the maintenance and repair of electrical and emergency power backup systems at three critical City properties for an additional amount of $425,000 net of taxes and charges ($432,480 net of Harmonized Sales Tax recoveries), increasing the overall contract value from $999,137 to $1,424,137 net of all taxes and charges ($1,449,202 net of Harmonized Sales Tax Recoveries) and to extend the contract validity date for an additional four months from October 31, 2023 to February 29, 2024. This amendment is required to ensure business continuity at three City properties that host critical services supporting Toronto Fire Services, Toronto Police Services, Toronto Paramedic Services, and Toronto Water. Corporate Real Estate Management, in collaboration with Purchasing and Materials Management, issued a competitive solicitation for the provision of Maintenance and Repair of the Electrical and Emergency Power Backup Systems at select City properties hosting critical services to replace the existing Blanket Contract 47023050 with the State Group Inc. which expires October 31, 2023 and is currently overspent by $53,352. However, the lowest received bid materially exceeded the allocated budget amount, which has resulted in the need to cancel the solicitation, revisit the call package and results, and re-issue the competitive solicitation through Purchasing and Materials Management. The award of the reissued competitive contract is expected to be in the first quarter of 2024. This approach ensures Corporate Real Estate Management stays within the allocated funding amount for this contract while critical services are maintained. City Council approval is required by 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 195-7.3 (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.
The General Government Committee: 1. By Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), amended non-competitive contract number 47023050 issued to the State Group Inc., for Electrical and Emergency Power Backup Systems at select City properties hosting Critical Services in the amount of $425,000 net of all taxes and charges ($432,480 net of Harmonized Sales Tax recoveries), increasing the overall contract value from $999,137 to $1,424,137 net of all taxes and charges ($1,449,202 net of Harmonized Sales Tax Recoveries). 2. Extended the validity date of non-competitive contract number 47034050 from October 31, 2023 to February 29, 2024.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management and the Chief Procurement Officer recommend that: 1. The General Government Committee by Section 71-11.1. C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law) grants authority to amend non-competitive contract number 47023050 issued to the State Group Inc. for Electrical and Emergency Power Backup Systems at select City properties hosting Critical Services in the amount of $425,000 net of all taxes and charges ($432,480 net of Harmonized Sales Tax recoveries), increasing the overall contract value from $999,137 to $1,424,137 net of all taxes and charges ($1,449,202 net of Harmonized Sales Tax Recoveries). 2. Extending the validity date of non-competitive contract number 47034050 from October 31, 2023 to February 29, 2024.
GG7.3adopted
The purpose of this report is to request authority to amend blanket contracts 47023983 issued to Tyco Integrated Fire & Security, 47023985 issued to JD Collins Fire Protection Company, 47023986 issued to Onyx Fire Protection Services Inc., 47023988 issued to Eurotech Safety Inc., and 47023987 issued to Greater Toronto Fire Protection Ltd. The amendments are required as several fire and life safety system deficiencies were identified in several City real estate buildings through the normal course of work undertaken via the fire and life safety program and through due diligence work as new City assets are brought into use (emergency and / or temporary shelters). While the contracts are overspent, the amendments will bring the blanket contracts back into compliance and will also avoid future over expenditures in the option year term and ensure uninterrupted service. The cumulative amendment value requested for all five contracts is $5,575,000 net of all taxes and charges ($5,673,120, net of Harmonized Sales Tax recoveries), increasing the combined total contract value from $7,796,883 net of all taxes and charges ($7,934,108 net of Harmonized Sales Tax recoveries) to $13,371,883 net of all taxes and charges ($13,607,228 net of Harmonized Sales Tax recoveries)
The General Government Committee: 1. In accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law) amended: a. Blanket Contract Number 47023983 issued to Tyco Integrated Fire & Security to provide fire and life safety inspection, testing and maintenance service for Parks, Forestry and Recreation in the amount of $725,000 net of all taxes and charges ($737,760 net of Harmonized Sales Tax recoveries), increasing the contract value from $2,376,018 to $3,101,018 net of all taxes and charges ($3,155,596 net of Harmonized Sales Tax recoveries). b. Blanket Contract Number 47023985 issued to JD Collins Fire Protection Company to provide fire and life safety inspection, testing and maintenance service for the Emergency Services Divisions in the amount of $575,000 net of all taxes and charges ($585,120 Harmonized Sales Tax recoveries), increasing the contract value from $1,740,397 to $2,315,397 net of all taxes and charges ($2,356,148 net of Harmonized Sales Tax recoveries). c. Blanket Contract Number 47023986 issued to Onyx Fire Protection Services Inc., to provide fire and life safety inspection, testing and maintenance service for all City of Toronto Divisions in the amount of $625,000 net of all taxes and charges ($636,000 net of Harmonized Sales Tax recoveries), increasing the contract value from $1,183,810 to $1,808,810 net of all taxes and charges ($1,840,645 net of Harmonized Sales Tax recoveries). d. Blanket Contract Number 47023988 issued to Eurotech Safety Inc., to provide fire and life safety inspection, testing and maintenance service for all City of Toronto Divisions in the amount of $1,125,000 net of all taxes and charges ($1,144,800 net of Harmonized Sales Tax recoveries), increasing the contract value from $1,315,716 to $2,440,716 net of all taxes and charges ($2,483,673 net of Harmonized Sales Tax recoveries). e. Blanket Contract Number 47023987 issued to Greater Toronto Fire Protection Ltd., to provide fire and life safety inspection, testing and maintenance service for all Civic Centers in the amount of $2,525,000 net of all taxes and charges ($2,569,440 net of Harmonized Sales Tax recoveries), increasing the value from $1,180,942 to $3,705,942 net of all taxes and charges ($3,771,167 net of Harmonized Sales Tax recoveries)
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, 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: a. Blanket Contract Number 47023983 issued to Tyco Integrated Fire & Security to provide fire and life safety inspection, testing and maintenance service for Parks, Forestry and Recreation in the amount of $725,000 net of all taxes and charges ($737,760 net of Harmonized Sales Tax recoveries), increasing the contract value from $2,376,018 to $3,101,018 net of all taxes and charges ($3,155,596 net of Harmonized Sales Tax recoveries). b. Blanket Contract Number 47023985 issued to JD Collins Fire Protection Company to provide fire and life safety inspection, testing and maintenance service for the Emergency Services Divisions in the amount of $575,000 net of all taxes and charges ($585,120 Harmonized Sales Tax recoveries), increasing the contract value from $1,740,397 to $2,315,397 net of all taxes and charges ($2,356,148 net of Harmonized Sales Tax recoveries). c. Blanket Contract Number 47023986 issued to Onyx Fire Protection Services Inc., to provide fire and life safety inspection, testing and maintenance service for all City of Toronto Divisions in the amount of $625,000 net of all taxes and charges ($636,000 net of Harmonized Sales Tax recoveries), increasing the contract value from $1,183,810 to $1,808,810 net of all taxes and charges ($1,840,645 net of Harmonized Sales Tax recoveries). d. Blanket Contract Number 47023988 issued to Eurotech Safety Inc., to provide fire and life safety inspection, testing and maintenance service for all City of Toronto Divisions in the amount of $1,125,000 net of all taxes and charges ($1,144,800 net of Harmonized Sales Tax recoveries), increasing the contract value from $1,315,716 to $2,440,716 net of all taxes and charges ($2,483,673 net of Harmonized Sales Tax recoveries). e. Blanket Contract Number 47023987 issued to Greater Toronto Fire Protection Ltd., to provide fire and life safety inspection, testing and maintenance service for all Civic Centers in the amount of $2,525,000 net of all taxes and charges ($2,569,440 net of Harmonized Sales Tax recoveries), increasing the value from $1,180,942 to $3,705,942 net of all taxes and charges ($3,771,167 net of Harmonized Sales Tax recoveries)
GG7.4adopted
The purpose of this report is to request authority to amend Purchase Order Number 6035314 issued to Public Work Office for Urban Design, as a result of Request for Proposal Document Number 9118-12-5009, for the provision of all professional and technical services for the design and construction of Lower Garrison Creek Park (formerly Mouth of the Creek Park). This purchase order amendment is requested to address required work within the original scope resulting from a significant delay to the project schedule due to Union Station Corridor rail improvement work. The total value of the Purchase Order Amendment being requested is $288,060 excluding all applicable taxes and charges ($293,129 net of Harmonized Sales Tax recoveries), revising the current purchase order from $490,246 excluding all applicable taxes and charges ($498,874 net of Harmonized Sales Tax recoveries) to $778,306 excluding all applicable taxes and charges ($792,003 net of Harmonized Sales Tax recoveries). The original Purchase Order value was issued on June 25, 2012 in the amount of $135,084, excluding all applicable taxes and charges ($137,461 net of Harmonized Sales Tax recoveries), for Phase 1 work, which included site inventory, concept design, and consultation.
The General Government Committee: 1. In accordance with section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), amended Purchase Order Number 6035314 issued to Public Work Office for Urban Design, for the provision of all professional and technical services for the design and construction of Lower Garrison Creek Park (formerly Mouth of the Creek Park) to increase the purchase order value by $288,060 excluding all applicable taxes and charges ($293,129 net of Harmonized Sales Tax recoveries), revising the purchase order value from $490,246 excluding all applicable taxes and charges ($498,874 net of Harmonized Sales Tax recoveries) to $778,306 excluding all applicable taxes and charges ($792,003 net of Harmonized Sales Tax recoveries).
Staff recommendation as filed
The Acting General Manager, Parks, Forestry and Recreation, 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 6035314 issued to Public Work Office for Urban Design, for the provision of all professional and technical services for the design and construction of Lower Garrison Creek Park (formerly Mouth of the Creek Park) to increase the purchase order value by $288,060 excluding all applicable taxes and charges ($293,129 net of Harmonized Sales Tax recoveries), revising the purchase order value from $490,246 excluding all applicable taxes and charges ($498,874 net of Harmonized Sales Tax recoveries) to $778,306 excluding all applicable taxes and charges ($792,003 net of Harmonized Sales Tax recoveries).
GG7.5adopted
The purpose of this report is to request the authority to amend Purchase Order Number 6051315 with Deloitte LLP for provision of Managed Security Services Provider (MSSP). The amendment is being requested to sustain the expansion of managed security services for the City and its agencies and corporations until July 31, 2025. The total value of the purchase order amendment being requested is $6,100,000 net of all applicable taxes and charges ($6,207,360 net of Harmonized Sales Tax recoveries) revising the current purchase order value from $20,000,000 net of all applicable taxes and charges ($20,352,000 net of Harmonized Sales Tax recoveries) to $26,100,000 net of all applicable taxes and charges ($26,559,360 net of Harmonized Sales Tax recoveries). The General Government Committee 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 General Government Committee: 1. In accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), authorized the Chief Procurement Officer to amend Purchase Order Number 6051315 with Deloitte LLP to increase the contract value by $6,100,000 net of all applicable taxes and charge ($6,207,360 net of Harmonized Sales Tax recoveries ), revising the total contract amount from $20,000,000 net of all applicable taxes and charges ($20,352,000 net of Harmonized Sales Tax recoveries) to $26,100,000 net of all applicable taxes and charges ($26,559,360 net of Harmonized Sales Tax recoveries).
Staff recommendation as filed
The Chief Information Security Officer, and the Chief Procurement Officer recommends that: 1. 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 the Chief Procurement Officer to amend Purchase Order Number 6051315 with Deloitte LLP to increase the contract value by $6,100,000 net of all applicable taxes and charge ($6,207,360 net of Harmonized Sales Tax recoveries ), revising the total contract amount from $20,000,000 net of all applicable taxes and charges ($20,352,000 net of Harmonized Sales Tax recoveries) to $26,100,000 net of all applicable taxes and charges ($26,559,360 net of Harmonized Sales Tax recoveries).
GG7.6adopted
The purpose of this report is to seek authority for the General Manager, Fleet Services, to amend the legal agreement with General Motors of Canada Company for the purchase of vehicles and vehicle up-fitting. Due to logistical and invoice payment changes, General Motors of Canada Company's name was inadvertently left out of the recommendation included in GL19.17, adopted by City Council on December 16, 2020. GL19.17 which requested an increase to the value of Purchase Order Number 6050803 by $21,577,224 net of Harmonized Sales Tax and all applicable charges ($21,956,983 net of Harmonized Sales Tax recoveries), and to exercise the final renewal option year from July 1, 2023 to June 30, 2024. This amendment is technical in nature and there is no financial impact.
The General Government Committee recommend that: 1. City Council grant authority to the General Manager, Fleet Services, to amend the legal agreement with General Motors of Canada Company for the purchase of vehicles and vehicle up-fitting, to increase the value of Purchase Order Number 6050803 by $21,577,224 net of Harmonized Sales Tax and all applicable charges ($21,956,983 net of Harmonized Sales Tax recoveries), and to exercise the final renewal option year from July 1, 2023 to June 30, 2024. The increase and the extension were previously adopted under item GL19.17 by City Council at its meeting on December 16, 2020.
Staff recommendation as filed
The General Manager, Fleet Services, and the Chief Procurement Officer recommend that: 1. City Council grant authority to the General Manager, Fleet Services, to amend the legal agreement with General Motors of Canada Company for the purchase of vehicles and vehicle up-fitting, to increase the value of Purchase Order Number 6050803 by $21,577,224 net of Harmonized Sales Tax and all applicable charges ($21,956,983 net of Harmonized Sales Tax recoveries), and to exercise the final renewal option year from July 1, 2023 to June 30, 2024. The increase and the extension were previously adopted under item GL19.17 by City Council at its meeting on December 16, 2020.
GG7.7adopted
The purpose of this report is to request authority to enter into a non-competitive contract with Bio Nuclear Diagnostics Inc., for the supply and delivery of Nitrile Gloves for City of Toronto Purchasing and Materials Management (Stores) Division. This contract will be for a period of six (6) months, in the total amount of $510,000 net of all taxes and charges ($518,976 net of Harmonized Sales Tax recoveries). The new contract is requested to continue procurement of nitrile gloves until a new competitive contract is awarded. Bio Nuclear Diagnostics Inc., is the recommended supplier as they meet the specifications and have provided the competitive pricing. Additionally, the supplier was previously able to maintain sufficient inventory to meet the City's high-volume needs. 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 195-7.3 (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.
The General Government Committee recommends that: 1. City Council authorize the Chief Procurement Officer to negotiate and execute a non-competitive agreement from the date of award to April 30, 2024, with Bio Nuclear Diagnostics Inc., in the amount of $510,000 net of all taxes and charges ($518,976 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Chief Procurement Officer, in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The Chief Procurement Officer recommends that: 1. City Council authorize the Chief Procurement Officer to negotiate and execute a non-competitive agreement from the date of award to April 30, 2024, with Bio Nuclear Diagnostics Inc., in the amount of $510,000 net of all taxes and charges ($518,976 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Chief Procurement Officer, in a form satisfactory to the City Solicitor.
GG7.8adopted
The purpose of this report is to request City Council authority to enter into a non-competitive contract with Wachs Canada Ltd., for replacement parts and equipment for all water trucks on behalf of Toronto Water Division. The contract will be for an initial period of two (2) years, commencing on the date of award to July 31, 2025, with three (3) separate optional one (1) year renewals, in the total amount of $1,506,345 net of Harmonized Sales Tax ($1,532,857 net of Harmonized Sales Tax recoveries). The contract was originally awarded to Wachs Canada Ltd., on February 28, 2021, where the City entered into the non-competitive Blanket Contract number 47023553 with Wachs Canada Ltd., the exclusive distributor of Wachs equipment. The new contract is requested to continue procurement of replacement parts and equipment for all trucks which come equipped from Fleet Services with Wachs Canada Ltd., winders equipment installed. Wachs is the sole distributor and exclusive supplier for the repair components for their own equipment. A proprietary letter confirms the exclusive distributorship of Wachs Canada Ltd., for the parts and equipment required. 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 195-7.3 (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.
The General Government Committee recommend that: 1. City Council authorize the General Manager, Toronto Water to negotiate and execute a non-competitive agreement from the date of award to July 31, 2025, with Wachs Canada Ltd., for an initial contract period of two (2) years, commencing on the date of award to July 31, 2025, with three (3) separate optional one (1) year renewals in the amount of $1,506,345 net of Harmonized Sales Tax ($1,532,857 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Toronto Water, in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The General Manager, Toronto Water, and the Chief Procurement Officer recommend that: 1. City Council authorize the General Manager, Toronto Water to negotiate and execute a non-competitive agreement from the date of award to July 31, 2025, with Wachs Canada Ltd., for an initial contract period of two (2) years, commencing on the date of award to July 31, 2025, with three (3) separate optional one (1) year renewals in the amount of $1,506,345 net of Harmonized Sales Tax ($1,532,857 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Toronto Water, in a form satisfactory to the City Solicitor.
GG7.9adopted
Lease, Licence and Rent Deferral Agreements with Various Tenants at St. Lawrence Market (South)
The purpose of this report is to obtain City Council authority to enter into numerous real estate related agreements in connection with the operation of St. Lawrence Market (South) (the "South Market") to ensure the financial sustainability of the South Market and continued success of its tenants. This report specifically seeks Council authority to: - Enter into lease extension agreements (the "Extension Agreements") with 51 commercial tenants for the use of approximately 37,390 square feet of space at the building municipally known as St. Lawrence Market South Market Building located at 91-95 Front Street East (the "Leased Premises") for a further term of five years (the "Extension Term"); - Enter into a licence and a lease agreement with 8803552 Canada Inc. (operating as "ChocoSol Traders") (the "ChocoSol Agreements"); - Negotiate, approve, and enter into an interest-free rent deferral agreement with 8803552 Canada Inc., to defer rent payable from July 1, 2020, to October 31, 2022 (the "ChocoSol Rent Deferral Agreement"); and - Further extend the initial rent deferral period until October 31, 2022. The tenants within the South Market have been occupying the Leased Premises on a month-to-month basis under lease agreements that have been in overhold since January 1, 2020. Although the City had initially planned to negotiate the extension of various leases during 2020, the onset of the COVID-19 pandemic resulted in an indefinite postponement and instead, focused on supporting tenants through the pandemic to stimulate business recovery and avoid vacancy loss. With the pandemic concluding and the recovery of both the retail and tourism sectors having substantially occurred, Corporate Real Estate Management ("CREM") engaged with South Market tenants throughout 2023 to negotiate and extend the lease agreements. The Extension Term aligns with the implementation of the recently finalized five-year strategic plan for the St. Lawrence Market District, developed in partnership with the St. Lawrence Market Precinct Advisory Committee ("SLMPAC), a civic committee that is an advocate for the Market Precinct and that assists the City in making key management decisions so that the Precinct maximizes its excellence as a vital, dynamic, and beautiful space that celebrates its heritage.
The General Government Committee recommends that: 1. City Council authorize the City to enter into lease extension agreements (the "Extension Agreements") with 51 commercial tenants, as listed in Appendix A, for the use of approximately 37,390 square feet of area within the building known municipally as St. Lawrence Market South building located at 91-95 Front Street (the "Leased Premises") for a further term of five years (the "Extension Term") from January 1, 2020, to December 31, 2024, substantially on the terms and conditions set out in Appendix B, and on such other terms and conditions as approved or amended by the Executive Director, Corporate Real Estate Management or their designate, and in a form acceptable to the City Solicitor. 2. City Council authorize the City to enter into a licence and a lease agreement with 8803552 Canada Inc. (operating as "ChocoSol Traders") (the "ChocoSol Agreements"), substantially on the terms and conditions set out in Appendix C, and on such other terms and conditions as approved or amended by the Executive Director, Corporate Real Estate Management, or their designate, and in a form acceptable to the City Solicitor. 3. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate, approve and enter into an interest-free rent deferral agreement with 8803552 Canada Inc., to defer rent payable from July 1, 2020, to October 31, 2022 (the "ChocoSol Rent Deferral Agreement"), and such agreement to be in a form satisfactory to the City Solicitor. 4. City Council authorize the Executive Director, Corporate Real Estate Management to further extend the initial rent deferral period from April 1, 2020, to December 31, 2020 (authorized under Item Number CC24.02), as extended until June 30, 2021 (authorized under Item Number EX21.2) until October 31, 2022, provided that such qualifying tenant or licensee had a lease or a licence that was in good standing prior to April 1, 2020. 5. City Council authorize the Executive Director, Corporate Real Estate Management and the Director, Property Management Services severally to execute and deliver the Extension Agreements, the ChocoSol Agreements, the ChocoSol Rent Deferral Agreement, the rent deferral agreements, and any related documents contemplated thereunder on behalf of the City. 6. City Council authorize the Director, Property Management Services, or their designate, to administer and manage the Extension Agreements, the ChocoSol Agreements, the ChocoSol Rent Deferral Agreement, the rent deferral agreements, and amendments, including the provision of any consents, approvals, waivers, notices, and notices of termination, provided that the Director, Property Management Services, may, at any time, refer consideration of such matters to City Council for its determination and direction.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management recommends that: 1. City Council authorize the City to enter into lease extension agreements (the "Extension Agreements") with 51 commercial tenants, as listed in Appendix A, for the use of approximately 37,390 square feet of area within the building known municipally as St. Lawrence Market South building located at 91-95 Front Street (the "Leased Premises") for a further term of five years (the "Extension Term") from January 1, 2020, to December 31, 2024, substantially on the terms and conditions set out in Appendix B, and on such other terms and conditions as approved or amended by the Executive Director, Corporate Real Estate Management or their designate, and in a form acceptable to the City Solicitor. 2. City Council authorize the City to enter into a licence and a lease agreement with 8803552 Canada Inc. (operating as "ChocoSol Traders") (the "ChocoSol Agreements"), substantially on the terms and conditions set out in Appendix C, and on such other terms and conditions as approved or amended by the Executive Director, Corporate Real Estate Management, or their designate, and in a form acceptable to the City Solicitor. 3. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate, approve and enter into an interest-free rent deferral agreement with 8803552 Canada Inc., to defer rent payable from July 1, 2020, to October 31, 2022 (the "ChocoSol Rent Deferral Agreement"), and such agreement to be in a form satisfactory to the City Solicitor. 4. City Council authorize the Executive Director, Corporate Real Estate Management to further extend the initial rent deferral period from April 1, 2020, to December 31, 2020 (authorized under Item Number CC24.02), as extended until June 30, 2021 (authorized under Item Number EX21.2) until October 31, 2022, provided that such qualifying tenant or licensee had a lease or a licence that was in good standing prior to April 1, 2020. 5. City Council authorize the Executive Director, Corporate Real Estate Management and the Director, Property Management Services severally to execute and deliver the Extension Agreements, the ChocoSol Agreements, the ChocoSol Rent Deferral Agreement, the rent deferral agreements, and any related documents contemplated thereunder on behalf of the City. 6. City Council authorize the Director, Property Management Services, or their designate, to administer and manage the Extension Agreements, the ChocoSol Agreements, the ChocoSol Rent Deferral Agreement, the rent deferral agreements, and amendments, including the provision of any consents, approvals, waivers, notices, and notices of termination, provided that the Director, Property Management Services, may, at any time, refer consideration of such matters to City Council for its determination and direction.
GG7.10adopted
Billboard Sign New Licence Agreement with Astral Media Outdoor L.P. at Exhibition Place
The purpose of this report is to seek Council authority to enter into a new licence agreement (the "New Licence Agreement") between the City (the "Licensor") and Astral Media Outdoor, L.P. ("Astral" or "Licensee"), for the continued operation of an existing outdoor digital billboard sign (the "Sign") located at Toronto Parking Authority Lot 854 of Exhibition Place, based on the negotiated terms and conditions included in this report under Appendix C and Confidential Attachment 1. The Board approved the New Licence Agreement by adoption of Item EP5.7 at its meeting of September 15, 2023 and will be a signatory, along with the City, to the New Licence Agreement. Astral is party to an existing 15-year agreement (the "Existing Licence Agreement") with the Board for operation of the Sign which expires on December 31, 2023. Astral contacted Exhibition Place in May 2023 and met with staff from both Exhibition Place and Corporate Real Estate Management ("CREM"), City of Toronto to indicate its desire to continue its operation of the Sign and subsequently provided a financial proposal and terms. Given the specialized nature of the billboard sign industry, Corporate Real Estate Management engaged an industry consultant to assist with the negotiations with Astral.
The General Government Committee recommend that: 1. City Council authorize the City and the Board to enter into a licence agreement (the "New Licence Agreement") with Astral Media Outdoor L.P. substantially on the terms and conditions set out in Appendix C and in Confidential Attachment 1, and such other and amended terms and conditions as may be satisfactory to the Interim Deputy City Manager, Corporate Services and Chief Executive Officer, Exhibition Place, or their designates, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Director, Transaction Services to execute the New Licence Agreement set out in Recommendation 1, and any related or ancillary agreements, on behalf of the City. 3. City Council authorize the Director, Transaction Services to administer and manage the New Licence Agreement, including the provision of any consents, approvals, waivers and notices, provided that the Director, Transaction Services may, at any time, refer consideration of such matters to City Council for direction and determination. 4. City Council direct that the information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains financial information that belongs to the City and Board and has monetary value or potential monetary value.
Staff recommendation as filed
The Interim Deputy City Manager, Corporate Services, and the Chief Executive Officer, Exhibition Place recommend that: 1. City Council authorize the City and the Board to enter into a licence agreement (the "New Licence Agreement") with Astral Media Outdoor L.P. substantially on the terms and conditions set out in Appendix C and in Confidential Attachment 1, and such other and amended terms and conditions as may be satisfactory to the Interim Deputy City Manager, Corporate Services and Chief Executive Officer, Exhibition Place, or their designates, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Director, Transaction Services to execute the New Licence Agreement set out in Recommendation 1, and any related or ancillary agreements, on behalf of the City. 3. City Council authorize the Director, Transaction Services to administer and manage the New Licence Agreement, including the provision of any consents, approvals, waivers and notices, provided that the Director, Transaction Services may, at any time, refer consideration of such matters to City Council for direction and determination. 4. City Council direct that the information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains financial information that belongs to the City and Board and has monetary value or potential monetary value.
GG7.11adopted
This report seeks authority to initiate expropriation proceedings for temporary easement interests over parts of 2295 Dundas Street West and 2333 Dundas Street West (the "Property Requirements") required to facilitate renovations of an adjacent City-owned building at 2299 Dundas Street West (the "City Building") to accommodate residents and clients from Shelter, Support and Housing Administration's Seaton House. In January 2020, City Council approved the initiation of expropriation proceedings to acquire the original property requirements with two separate property owners: 1) 2295 Dundas Street West ("Property Owner A"); 2) 2333 Dundas Street West ("Property Owner B"). As a result of negotiations in 2020, Property Owner A agreed to enter into an amicable agreement to register a temporary easement against the property (the "Amicable Easement"). This would have allowed the City to carry out the necessary work with respect to 2295 Dundas Street West. Unfortunately, a negotiated agreement with Property Owner B could not be finalized and consequently the work was not completed. As the Amicable Easement is due to expire on December 31, 2023, City staff are recommending that Stage 1 expropriation proceeding be initiated to protect project timelines, should the ongoing negotiations to extend the duration of the Amicable Easement be unsuccessful. This is Stage 1 of the expropriation process. Should City Council adopt the recommendations in this report, staff will serve and publish the Notice of Application for Approval to Expropriate in accordance with the Expropriations Act (the "Act"). Owners will have 30 days to request a hearing into whether the City's proposed taking is fair, sound and reasonably necessary. Staff will report back to City Council with a Stage 2 report, providing details on property values and other costs, and if a hearing is requested, the report of the Ontario Land Tribunal. The proposed expropriation would only be affected after adoption by City Council (as approving authority) of the Stage 2 report, and by registration of an expropriation plan, which would then be followed by the service of further notices as required by the Act. Before the City could take possession of the expropriated property, offers of compensation based on appraisal reports must be served on each Registered Owner as defined in the Act.
The General Government Committee recommends that: 1. City Council authorize the initiation of expropriation proceedings for temporary easements over parts of 2333 Dundas Street West and 2295 Dundas Street West, as set out in Attachment A (the "Property Requirements") for the purposes of facilitating the renovation of the adjacent City-owned building at 2299 Dundas Street West (the "City Building"). 2. City Council grant authority to serve and publish the Notices of Application for Approval to Expropriate for the Property Requirements, to forward to the Ontario Land Tribunal any requests for hearings received, to attend the hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for its consideration.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management recommends that: 1. City Council authorize the initiation of expropriation proceedings for temporary easements over parts of 2333 Dundas Street West and 2295 Dundas Street West, as set out in Attachment A (the "Property Requirements") for the purposes of facilitating the renovation of the adjacent City-owned building at 2299 Dundas Street West (the "City Building"). 2. City Council grant authority to serve and publish the Notices of Application for Approval to Expropriate for the Property Requirements, to forward to the Ontario Land Tribunal any requests for hearings received, to attend the hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for its consideration.
GG7.12adopted
The purpose of this report is to obtain Council authority to amend Toronto Municipal Code Chapter 213, Real Property in order to provide staff authority to approve the acquisition of certain small parcels of land that present reduced environmental risk to the City, without carrying out environmental due diligence, consistent with the exemptions from the peer review process that are set out in the City's Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act. As part of the City's modernization efforts, delegating this authority to staff will bring several benefits including reduced reporting burden, property acquisition cost savings and a streamlined property acquisition process. These benefits will ultimately allow City projects requiring property acquisitions that pose a reduced environmental risk to the City, to proceed in more expeditious manner. Staff are still required to satisfy all other General Conditions set out in the Toronto Municipal Code Chapter 213, Real Property, including consultation with the local ward Councillor prior to the exercise of delegated authority and transacting at an amount no less than the appraised market value.
The General Government Committee recommends that: 1. City Council amend Toronto Municipal Code Chapter 213, Real Property, by deleting General Condition (H) in Appendix B and replacing it with the following: (H) Authority to acquire property in fee simple is conditional upon provision being made to bring the property into compliance with applicable environmental laws, regulations and policies, such that it will be fit for its intended municipal purpose, except in the case of: (i) acquisitions of 50 square metres or less for transit shelter purposes; and (ii) acquisitions which, if the property was instead being conveyed to the City pursuant to a development application approval, would be exempt from the peer review process pursuant to the City's "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act", as amended from time to time. 2. City Council authorize the City Solicitor to submit the necessary bill(s) to amend Toronto Municipal Code Chapter 213, Real Property, to give effect to City Council's decision.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management recommends that: 1. City Council amend Toronto Municipal Code Chapter 213, Real Property, by deleting General Condition (H) in Appendix B and replacing it with the following: (H) Authority to acquire property in fee simple is conditional upon provision being made to bring the property into compliance with applicable environmental laws, regulations and policies, such that it will be fit for its intended municipal purpose, except in the case of: (i) acquisitions of 50 square metres or less for transit shelter purposes; and (ii) acquisitions which, if the property was instead being conveyed to the City pursuant to a development application approval, would be exempt from the peer review process pursuant to the City's "Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act", as amended from time to time. 2. City Council authorize the City Solicitor to submit the necessary bill(s) to amend Toronto Municipal Code Chapter 213, Real Property, to give effect to City Council's decision.
GG7.13amended
The purpose of this report is to advise of the results of Request for Proposals RFP-22ECS-BE-01GE, Contract Number 22ECS-BE-01GE for the rehabilitation of the F.G. Gardiner Expressway between Dufferin Street and Strachan Avenue ("Gardiner Section 2") and request the authority to enter into an agreement with Grascan Construction Limited in the amount of $260,250,000 net of all taxes and charges ($264,830,400 net of Harmonized Sales Tax recoveries). An additional $40,000,000 net of all taxes and charges ($40,704,000 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. The subject of this report is the selection of the contractor for Section 2, to rehabilitate the elevated section of the Expressway between Dufferin Street and Strachan Avenue. There is an urgent need to award this contract because this section is in poor condition and at the end of its design life. The scope of work for Gardiner Section 2 involves replacing 700 metres of concrete deck and girders, rehabilitating the associated substructure, and installing new street lighting. Construction is planned to commence in late 2023 and is anticipated to be completed by mid-2027. There are a number of complexities to this project as this is both an elevated and very narrow section of the Expressway that is expected to manage a high volume of traffic. This will necessitate a significant amount of work being done from the underneath of the roadway. It also severely limits the construction staging and work zone areas. There are also significant complexities in relation to the need to tightly align and closely coordinate with Metrolinx Ontario Line construction at Exhibition Station along with plans for the FIFA World Cup 2026™ Soccer Tournament. For example, construction on the deck will pause from May 1 to July 31, 2026, in order to allow three lanes of traffic open in each direction to accommodate tournament traffic. Pausing a project of this magnitude and safely reopening all traffic lanes is a substantial endeavour and it will be critical to reach a certain stage of the project on time to ensure this pause can be provided. Given the number of complexities associated with this project, several risk mitigation measures have been built in. These include processes such as the use of a Design-Build project delivery method and a two-stage procurement strategy that included consideration of the proponent's traffic and construction management strategies. Risk management is also integrated into the recommended contract, with features such as an indexing regime to manage price fluctuations for certain commodities, the use of a Third-Party Quality Assurance Firm, a full-time, onsite Technical Advisor, as well as a neutral "Referee" to address any disputes that cannot be resolved by the Project Steering Committee.
The General Government Committee: 1. In accordance with Section 195-8.4A of Toronto Municipal Code Chapter 195 (Purchasing By-Law), authorized the Chief Engineer and Executive Director, Engineering and Construction Services to negotiate and enter into an agreement with Grascan Construction Limited, being the highest scoring pre-qualified supplier, to provide Design and Construction Services for construction of the F.G. Gardiner Expressway Rehabilitation Project: Section 2 - Dufferin Street to Strachan Avenue in the amount of $300,250,000 net of all taxes and charges ($305,534,400 net of Harmonized Sales Tax recoveries). The award amount includes a contingency allowance of $40,000,000 net of all taxes and charges ($40,704,000 net of Harmonized Sales Tax recoveries).
Staff recommendation as filed
The Chief Engineer and Executive Director, Engineering and Construction Services, the Chief Procurement Officer, Purchasing and Materials Management, recommend that: 1. The General Government Committee, in accordance with Section 195-8.4A of Toronto Municipal Code Chapter 195 (Purchasing By-Law), grant authority to the Chief Engineer and Executive Director, Engineering and Construction Services to negotiate and enter into an agreement with Grascan Construction Limited, being the highest scoring pre-qualified supplier, to provide Design and Construction Services for construction of the F.G. Gardiner Expressway Rehabilitation Project: Section 2 - Dufferin Street to Strachan Avenue in the amount of $300,250,000 net of all taxes and charges ($305,534,400 net of Harmonized Sales Tax recoveries). The award amount includes a contingency allowance of $40,000,000 net of all taxes and charges ($40,704,000 net of Harmonized Sales Tax recoveries).
GG7.14adopted
Claims for Damage to Toronto Water Infrastructure at 45 Bulwer Street and 160 Front Street West
This report is about two separate legal claims the City has commenced in respect of City-owned sewers that the City claims were damaged by adjacent construction work. In respect of 45 Bulwer Street, the City is claiming damages against the owners and parties who performed work for a construction project at 45 Bulwer Street. In respect of 160 Front Street West, the City is claiming damages against the owners, contractors, and consultants for a construction project at 160 Front Street West. Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation.
The General Government Committee recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor, if adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to this report (October 13, 2023) from the City Solicitor remain confidential as it contains advice about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client and litigation privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor; 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, if adopted by City Council; and 3. City Council direct that the balance of Confidential Attachment 1 to this report from the City Solicitor remain confidential as it contains advice about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client and litigation privilege.
GG7.15adopted
Non-Union Separation Costs for 2022
This report provides information on non-union employee separation costs for 2022. In 2014, the City's Auditor General reviewed the City of Toronto's non-union employee separation costs. The review affirmed that separation costs had been awarded in accordance with City of Toronto policies, procedures, applicable legislation and jurisprudence. The Auditor General recommended that separation costs continue to be monitored and that the costs be reported out regularly. The City of Toronto has statutory and legal obligations to provide separation pay when the employment relationship is terminated by the City of Toronto without just cause. Administering separation payments for non-union employees whose employment is terminated without cause falls under the authority of the City Manager. The separation payment provided in each circumstance, is informed by both provincial legislation and the application of a number of factors that are consistently considered by the courts. The total number of exits in each of the reported years represents a very small percentage of the total number of non-union employees employed by the City of Toronto.
The General Government Committee: 1. Received the report (October 16, 2023) from the Chief People Officer for information.
Staff recommendation as filed
The Chief People Officer recommends that: 1. The General Government Committee receive this report for information.
GG7.16adopted
Update on Embedding Privacy and Security by Design Principles into the City's Procurement Process
Per City Council's directive 2021.AU8.8 (Item 13), the Chief Procurement Officer, the Chief Information Security Officer, in consultation with the City Clerk and the City Solicitor, updated the City's procurement process for technology related initiatives. This has been achieved by deploying a set of privacy and cyber security requirements in the procurement process that ensure suppliers deliver products and services consistent with industry best practices. By embedding privacy and cyber requirements into the early stages of procurement, the City has reinforced its commitment to the "security by design" strategy. This strategy emphasizes the integration of modern cyber security and risk management practices into the procurement, design, and development of Information Technology systems. These developments to the City's procurement process have strengthened cross-divisional collaboration, communication, and helped shape a unified vision that modernizes the City's cyber security posture and safeguards the City's sensitive information and systems.
The General Government Committee: 1. Received the report (October 16, 2023) from the Chief Procurement Officer, and the Chief Information Security Officer, for information.
Staff recommendation as filed
The Chief Procurement Officer, the Chief Information Security Officer, in consultation with the City Clerk and the City Solicitor, recommend that: 1. General Government Committee receive this report for information.