Item - 2015.PW3.1
Tracking Status
- City Council adopted this item on May 5, 2015 with amendments.
- This item was considered by Public Works and Infrastructure Committee on April 9, 2015 and was adopted with amendments. It will be considered by City Council on May 5, 2015.
PW3.1 - Award of Request for Proposal No. 0401-14-3100 to Rehrig Pacific Company for the Next Generation Green Bin
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on May 5, 6 and 7, 2015, adopted the following:
1. City Council authorize the General Manager, Solid Waste Management Services, to negotiate and enter into an agreement with Rehrig Pacific Company being the highest scoring proponent meeting the requirements for Request for Proposal No. 0401-14-3100 for the manufacturing, distribution and maintenance of the next generation green bin to residents receiving curbside collection of organics for a period of 10 years, commencing on the first day bins are delivered, in accordance with terms and conditions as set out in the RFP and any other terms and conditions satisfactory to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor, at a estimated total amount of $31,054,155.00 (including 10 percent contingency) net of all applicable taxes or charges, or $31,600,708.13 net of HST recoveries.
2. City Council request staff to approach Rehrig Pacific Company to consider changing the handle to a rounder edge and keeping the same time frame and cost in distributing the bin to the residents of Toronto.
3. City Council direct the General Manager, Solid Waste Management Services, to work directly with residents and City Councillors to determine how to accommodate the next generation Green Bin, including the feasibility of alternative Green Bin collection methods, such as different bin configurations or small bin exemptions, and to report back to the Public Works and Infrastructure Committee.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-78224.pdf
(April 8, 2015) Presentation from the General Manager, Solid Waste Management Services on Green Bin 2.0
https://www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-78819.pdf
Communications (Committee)
(April 9, 2015) Letter from J. Philip Monckton (PW.New.3.1.2)
https://www.toronto.ca/legdocs/mmis/2015/pw/comm/communicationfile-52209.pdf
(April 9, 2015) Submission from Karen Buck (PW.New.3.1.3)
(April 9, 2015) Submission from Paul Richardson, President and CEO, IPL (PW.New.3.1.4)
https://www.toronto.ca/legdocs/mmis/2015/pw/comm/communicationfile-52217.pdf
Communications (City Council)
(April 8, 2015) Letter from W. Thomas Barlow, Fasken Martineau LLP (CC.New.PW3.1.6)
Motions (City Council)
That:
1. City Council direct the General Manager, Solid Waste Management Services, to work directly with residents and city councillors to determine how to accommodate the next generation Green Bin, including the feasibility of alternative Green Bin collection methods, such as different bin configurations or small bin exemptions, and report back to the Public Works and Infrastructure Committee.
Vote (Amend Item (Additional)) May-07-2015 3:01 PM
| Result: Carried | Majority Required - PW3.1 - Robinson - motion 1 |
|---|---|
| Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Maria Augimeri, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Rob Ford, Jim Karygiannis, Anthony Perruzza |
| Total members that were Absent: 5 | Members that were absent are Ana Bailão, Michelle Berardinetti, Jon Burnside, Chin Lee, Joe Mihevc |
That City Council direct that in the negotiations, the order be reduced to 15% of the total number of bins, and the balance to be ordered conditional upon successful testing of the bins in the suburbs and downtown.
Challenged by Councillor Jim Karygiannis
That City Council request the City Manager to include options for securing local preference exemptions in City procurement when reporting on the impacts of the Comprehensive Economic Treaty Agreement (CETA) in the Fall.
That City Council refer the Item back to the Public Works and Infrastructure Committee for further consideration.
Vote (Refer Item) May-07-2015 2:44 PM
| Result: Lost | Majority Required - PW3.1 - Mammoliti - motion 4 - refer the item |
|---|---|
| Total members that voted Yes: 6 | Members that voted Yes are Paula Fletcher, Rob Ford, Jim Karygiannis, Giorgio Mammoliti, Anthony Perruzza, David Shiner |
| Total members that voted No: 32 | Members that voted No are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that were Absent: 7 | Members that were absent are Ana Bailão, Michelle Berardinetti, Justin J. Di Ciano, Mark Grimes, Chin Lee, Joe Mihevc, Cesar Palacio |
Vote (Adopt Item as Amended) May-07-2015 3:02 PM
| Result: Carried | Majority Required - PW3.1 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 35 | Members that voted Yes are Paul Ainslie, Maria Augimeri, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 5 | Members that voted No are Rob Ford, Jim Karygiannis, Giorgio Mammoliti, Anthony Perruzza, David Shiner |
| Total members that were Absent: 5 | Members that were absent are Ana Bailão, Michelle Berardinetti, Jon Burnside, Chin Lee, Joe Mihevc |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Councillor Mammoliti's referral motion 4 and take the vote immediately.
Vote (End Debate) May-07-2015 2:33 PM
| Result: Lost | Two-Thirds Required - PW 3.1 - End debate on motion to refer Item PW3.1 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson |
| Total members that voted No: 13 | Members that voted No are Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Rob Ford, Stephen Holyday, Jim Karygiannis, Giorgio Mammoliti, Josh Matlow, Cesar Palacio, Anthony Perruzza, David Shiner, John Tory, Kristyn Wong-Tam |
| Total members that were Absent: 8 | Members that were absent are Ana Bailão, Michelle Berardinetti, Justin J. Di Ciano, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Joe Mihevc |
Councillor Carroll, rising on a Point of Privilege on behalf of staff, stated that staff have a vast amount of experience in the Solid Waste field and Councillor Shiner's comment that the General Manager, Solid Waste Management is new here is unfair to her professionalism.
Councillor Matlow, rising on a Point of Privilege, stated that there were two Councillors making noise in the Chamber and requested the Speaker to ask them to stop so that Councillor Carroll could speak.
Councillor Mammoliti, rising on a Point of Privilege, stated that he and Councillor Karygiannis were being heckled for testing the green bin but that staff had placed the bin in the Chamber for testing and further, that they have determined that the bin is not racoon-proof.
Councillor Karygiannis, rising on a Point of Privilege, stated that the green bin should be brought back on to the Council floor.
Councillor Matlow, rising on a Point of Order, stated that Members should use their time efficiently on the third day of the Council.
Councillor Karygiannis, rising on a Point of Privilege at the end of the meeting, stated that Speaker Nunziata's ruling on his motion on Item PW3.1 had violated his rights as a Councillor. Councillor Karygiannis further advised that as the motion was ruled out of order as a result of legal concerns that Speaker Nunziata should have shared any advice she received from the City Solicitor with all Members in a closed session. Councillor Karygiannis requested the Speaker to provide him with a written ruling before the next Council meeting.
Rulings (City Council)
PW3.1 - Award of Request for Proposal No. 0401-14-3100 to Rehrig Pacific Company for the Next Generation Green Bin
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Public Works and Infrastructure Committee recommends that:
1. City Council authorize the General Manager, Solid Waste Management Services, to negotiate and enter into an agreement with Rehrig Pacific Company being the highest scoring proponent meeting the requirements for Request for Proposal No. 0401-14-3100 for the manufacturing, distribution and maintenance of the next generation green bin to residents receiving curbside collection of organics for a period of 10 years, commencing on the first day bins are delivered, in accordance with terms and conditions as set out in the RFP and any other terms and conditions satisfactory to the General Manager, Solid Waste Management Services and in a form satisfactory to the City Solicitor, at a estimated total amount of $31,054,155.00 (including 10% contingency) net of all applicable taxes or charges, or $31,600,708.13 net of HST recoveries.
2. Subject to City Council awarding this contract, Council request staff to approach Rehrig Pacific Company to consider changing the handle to a rounder edge and keeping the same time frame and cost in distributing the bin to the residents of Toronto.
Decision Advice and Other Information
The General Manager, Solid Waste Management Services gave a presentation to the Public Works and Infrastructure Committee.
The Public Works and Infrastructure Committee recessed to meet in closed session to consider this item as it relates to receiving of advice that is solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals affecting the municipality.
Origin
Summary
The purpose of this report is to advise on the results of the Request for Proposal No. 0401-14-3100 (the “RFP”) for the manufacturing, distribution and maintenance of the next generation green bin to household residences receiving curbside collection services of organic materials; and to request authority to enter into an agreement with the highest scoring proponent, Rehrig Pacific Company, in a form satisfactory to the City Solicitor.
The next generation bins will replace the existing 46.5 litre green bins that were introduced over four years from 2002 to 2005, and are reaching the end of their expected 10-year lifespan. The new bins have a capacity of approximately 100 litres in size, feature a rodent resistant locking lid and can be collected with automated collection vehicles. It is expected that the distribution of the new green bins will commence in late 2015 or early 2016.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-78224.pdf
(April 8, 2015) Presentation from the General Manager, Solid Waste Management Services on Green Bin 2.0
https://www.toronto.ca/legdocs/mmis/2015/pw/bgrd/backgroundfile-78819.pdf
Communications
(April 9, 2015) Letter from J. Philip Monckton (PW.New.3.1.2)
https://www.toronto.ca/legdocs/mmis/2015/pw/comm/communicationfile-52209.pdf
(April 9, 2015) Submission from Karen Buck (PW.New.3.1.3)
(April 9, 2015) Submission from Paul Richardson, President and CEO, IPL (PW.New.3.1.4)
https://www.toronto.ca/legdocs/mmis/2015/pw/comm/communicationfile-52217.pdf
Speakers
Philip Monckton, Vice-President, Sales and Marketing, Sceptre Canada Inc.
Karen Buck
Paul Richardson, President and CEO, IPL
Paul Pallazzo, Director of Sales and Marketing, IPL Environmental
Hugues Rouleau
Councillor Jim Karygiannis
Councillor Janet Davis
Councillor Shelley Carroll
Councillor Sarah Doucette
Motions
That the Public Works and Infrastructure Committee recess to meet in closed session to consider this item as it relates to receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals affecting the municipality.
That:
1. Subject to Council awarding the contract, Council request staff to approach Rehrig Pacific Co. to consider changing the handle to a rounder edge and keeping the same time frame and cost in distributing the bin to the residents of Toronto.