Item - 2011.PW3.1

That City Council delete Recommendation 2 of the report (April 14, 2011) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management as follows:

Recommendation to be deleted:

2.         City Council delegate authority to the Bid Committee to award the RFQs described in Recommendation 1a and 1b, subject to the following conditions being met, failing which the award will be made by Council:

a.         That the price quoted by the recommended bidder be within the Approved 2011 Solid Waste Management Services Operating Budget;

b.         That there are no material written objections by a bidder, as defined in Chapter 195, Purchasing, of the Toronto Municipal Code, to the award;

c.         That the award is to the lowest price bidder meeting specifications; and

d.         All requirements of the Purchasing By-Law, Chapter 195 are met.

and replace it with the following:

2.         City Council not waive Chapter 195, (the Purchasing By-Law) and retain the authority to award the four RFQs as required, with the recommended RFQs reported directly to Council.

That Recommendation 2 from the Public Works and Infrastructure Committee be deleted:

Recommendation to be deleted

2.         City Council delegate authority to the Bid Committee to award the RFQs described in Recommendation 1a and 1b, subject to the following conditions being met, failing which the award will be made by Council:

a.         That the price quoted by the recommended bidder be within the Approved 2011 Solid Waste Management Services Operating Budget;

b.         That there are no material written objections by a bidder, as defined in Chapter 195, Purchasing, of the Toronto Municipal Code, to the award;

c.         That the award is to the lowest price bidder meeting specifications; and

d.         All requirements of the Purchasing By-Law, Chapter 195 are met.

and City Council adopt the following new Recommendation 2:

2.         City Council direct that the award of the RFQs described in Recommendation 1a and 1b be submitted directly to City Council for approval.

That City Council direct the City Manager to report to Council all financial information relating to the City's current solid waste costs and revenues for District 2 and the bid costs received from the four RFQs (including labour costs, capital costs and service level guarantees) for consideration when Council considers the results of the RFQs.

That:

1.         City Council request the City Manager to ensure that the Fairness Monitor, as part of their report, identify any issues or concerns relating to the participation by City of Toronto employees (current or former) in the preparation of the Request for Quotations.

2.         City Council request the Director, Purchasing and Materials Management to ensure that the RFQ's include a requirement that bidders identify how they would utilize any current City staff who may be displaced by the contracted services.

3.         City Council request the Auditor General to consider conducting a post-implementation audit of the awarded contracts that focuses on, but is not limited to, diversion targets achieved, customer service levels and cost savings.

That:

1.         City Council request the Director, Purchasing and Materials Management to include the following conditions in the RFQs:

i.    the successful contractor be prohibited from using untrained, temporary workers;

ii.   rigorous customer service standards, enforcement and reporting mechanisms; and

iii.  preference be given to Canadian companies.

That City Council request the Director, Purchasing and Materials Management Services to ensure that the RFQs provide for liquidated damages (penalties) to be levied for contract compliance deficiencies that are identified by audits, reports or documented resident complaints received through 3-1-1 as follows:

A.        Customer Service:

              -         missed collection

              -         incomplete collection (e.g. materials left behind)

              -         improperly replaced bins

              -         smoking in truck cab

-           other customer service complaints as determined at the discretion of the General Manager, Solid Waste Management Services such as rude behaviour, etc.

B.          Health and Safety:

-             driving infractions (driving on sidewalk, speeding, wrong side of road, etc.)

-             climbing in hopper

-             inappropriate use of riding step

-             collecting from both sides

-             use of temporary or untrained/unqualified workers

-             not wearing personal protective equipment

-             other safety violations

-             lost time injuries

-             Ministry of labour orders

C.          Environmental:

-             materials collected not in accordance with the Waste Collection Bylaw

-             contamination of streams

-             collection from improper waste containers

That City Council request the General Manager, Solid Waste Management Services to report quarterly to the Public Works and Infrastructure Committee on contract compliance issues including:

             i.         a summary of enforcement activity,

             ii.         a summary of daily reports,

             iii.        a summary of customer service complaints, and

iv.         incidents of contract non-compliance, including actions taken, liquidated damages (penalties) etc.

That City Council request the City Manager to conduct an independent review of both the bid/contract numbers and the cost for identical services provided by the City and for those comparisons to be brought forward with the successful bid when the item is considered by Council.

City Council direct staff to include the following requirements in the Request for Quotations:

a.   details of guaranteed service standards

b.   allocation of liability, health and safety requirements; and

c.   adherence to the City's fair wage and human rights and equity policies.

That Recommendations 1a and 1b be amended so that they now read as follows:

1a.       For the daytime residential curbside collection west of Yonge Street to the Etobicoke border for a term of three (3) years, with an option to extend the resulting contract for an additional two (2) separate (2) two year extensions to be approved by City Council.

1b.       For the collection of litter and recycling in City parks for a term of three (3) years; with an option to extend the resulting contract for an additional two (2) separate (2) two year extensions to be approved by City Council.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on the item as amended excluding Recommendation 1c.