Item - 2013.GM23.20
Tracking Status
- City Council adopted this item on July 16, 2013 with amendments.
- This item was considered by the Government Management Committee on June 17, 2013 and adopted without amendment. It will be considered by City Council on July 16, 2013.
GM23.20 - Aurostar Inc. - Disqualification from City Contracts, Fair Wage Policy Non-Compliance
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on July 16, 17, 18 and 19, 2013, adopted the following:
1. City Council, as a result of Aurostar Inc. having been found to be in non-compliance with the provisions of the Fair Wage Policy on at least two separate instances over a period of three years inclusive, authorize the Manager, Fair Wage Office, to disqualify Aurostar Inc. from conducting business with the City for a period of two years inclusive.
2. City Council direct that the two-year disqualification period under Subsection 67-A10B start from the day of the decision of Council with respect to any City work that Aurostar Inc. is not currently under contract to perform, and that:
i. once the disqualification period is over, Aurostar Inc. be placed on probation for the next year; and
ii. Aurostar Inc.'s status as a disqualified firm be published on the City's website.
3. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (June 3, 2013) from the Manager, Fair Wage Office, remain confidential since it relates to security of the property of the City.
Confidential Attachment 1 to the report (June 3, 2013) from the Manager, Fair Wage Office remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to the security of property belonging to the City or one of its agencies or corporations.
Confidential Attachment - The security of the property of the municipality or local board
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-59377.pdf
(June 3, 2013) Confidential Attachment 1 - Aurostar Inc. Contract Performance
Motions (City Council)
That City Council delete Government Management Committee Recommendations 2 and 3:
Recommendations to be deleted:
2. Despite the provisions of Municipal Code, Chapter 67, Fair Wage, Subsection 67-A10B, City Council direct that Aurostar Inc. be permitted to complete its current contracts with the City in accordance with their terms, and the two-year disqualification period under Subsection 67-A10B shall start from the day of the decision of Council with respect to any City work that Aurostar Inc. is not currently under contract to perform, and that:
a. once the disqualification period is over, Aurostar Inc. be placed on probation for the next year; and
b. Aurostar Inc.'s status as a disqualified firm be published on the City's Web Site.
3. City Council direct that the Manager, Fair Wage Office, continue to closely monitor Aurostar Inc.'s current City contracts until that work is completed in 2013.
and replace them with a new Recommendation 2 as follows:
2. City Council direct that the two-year disqualification period under Subsection 67-A10B start from the day of the decision of Council with respect to any City work that Aurostar Inc. is not currently under contract to perform, and that:
i. once the disqualification period is over, Aurostar Inc. be placed on probation for the next year; and
ii. Aurostar Inc.'s status as a disqualified firm be published on the City's website.
Vote (Amend Item) Jul-16-2013 2:15 PM
| Result: Carried | Majority Required - GM23.20 - Kelly - motion 1 |
|---|---|
| Total members that voted Yes: 28 | Members that voted Yes are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Doug Holyday, Norman Kelly, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan |
| Total members that voted No: 2 | Members that voted No are Mike Layton, Kristyn Wong-Tam |
| Total members that were Absent: 15 | Members that were absent are Paul Ainslie, Josh Colle, Gary Crawford, John Filion, Doug Ford, Mary Fragedakis, Mark Grimes, Chin Lee, Giorgio Mammoliti, Ron Moeser, Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, David Shiner |
Vote (Adopt Item as Amended) Jul-16-2013 2:16 PM
| Result: Carried | Majority Required - GM23.20 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 32 | Members that voted Yes are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 13 | Members that were absent are Paul Ainslie, Josh Colle, John Filion, Doug Ford, Mary Fragedakis, Mark Grimes, Giorgio Mammoliti, Ron Moeser, Cesar Palacio, John Parker, James Pasternak, Anthony Perruzza, David Shiner |
GM23.20 - Aurostar Inc. - Disqualification from City Contracts, Fair Wage Policy Non-Compliance
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Confidential Attachment - The security of the property of the municipality or local board
Committee Recommendations
The Government Management Committee recommends that:
1. City Council, as a result of Aurostar Inc. having been found to be in non-compliance with the provisions of the Fair Wage Policy on at least two separate instances over a period of three years inclusive, grant authority for the Manager, Fair Wage Office, to disqualify Aurostar Inc. from conducting business with the City for a period of two years inclusive.
2. Despite the provisions of Municipal Code, Chapter 67, Fair Wage, Subsection 67-A10B, City Council direct that Aurostar Inc. be permitted to complete its current contracts with the City in accordance with their terms, and the two-year disqualification period under Subsection 67-A10B shall start from the day of the decision of Council with respect to any City work that Aurostar Inc. is not currently under contract to perform, and that:
a. once the disqualification period is over, Aurostar Inc. be placed on probation for the next year; and
b. Aurostar Inc.'s status as a disqualified firm be published on the City's Web Site.
3. City Council direct that the Manager, Fair Wage Office, continue to closely monitor Aurostar Inc.'s current City contracts until that work is completed in 2013.
4. City Council direct that the confidential information, contained in Confidential Attachment 1 to the report (June 3, 2013) from the Manager, Fair Wage Office, remain confidential since it relates to security of the property of the City.
Origin
Summary
The provisions of Toronto Municipal Code, Chapter 67, Fair Wage require the Manager, Fair Wage Office to report to Government Management Committee on proposed disqualification action when a contractor or any subcontractor is found to be in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years.
This report recommends disqualification of Aurostar Inc. ("Aurostar") from conducting business with the City for a period of two years for failure to pay its workers earned, unpaid wages when due, resulting in several instances of Fair Wage Policy non-compliance on City contracts over the past three years.
The attachment to this report should remain confidential as it relates to security of the property of the City.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-59377.pdf
(June 3, 2013) Confidential Attachment 1 - Aurostar Inc. Contract Performance
Speakers
Peter Foulds, Director of Operations, The Building Union of Canada
Councillor Shelley Carroll
Motions
12:21 - That the Government Management Committee meet in closed session to consider this item as it relates to the security of the property of the City.