Item - 2017.GM20.7

May 25, 2017 at 10:09 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item GM20.7 headed "Temporary Suspension of Four Seasons Site Development Ltd." No motions were placed in the closed session. Council would conduct the public debate on this Item on Friday, May 26, 2017.

That City Council adopt the following recommendations contained in the supplementary report (May 17, 2017) from the City Solicitor, the Deputy City Manager and Chief Financial Officer, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Purchasing Official and Director, Purchasing and Materials Management [GM20.7a]:

1.  City Council declare and direct that, if suspended, Four Seasons is ineligible to be awarded the contracts for:

a. Tender Call 122-2017, Permanent Repairs to Utility Cuts on Collector/Local Roads, Wards 8, 10, 23 North York District; 

b. Tender Call 123-2017, Permanent Repairs to Utility Cuts on  Collector /Local Roads, Wards 24, 33, 34 North York District; and

c. Any other procurements between the date of this report and Council's consideration of the matter on May 24, 25 and 26, 2017 in respect of which Four Seasons is low bidder but which have not been awarded.

2.  Council direct that Confidential Attachment 1 remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 1a by Councillor Ainslie.

That City Council amend Government Management Committee Recommendation 1 by deleting the words "for a total period of three (3) years from the date Council approves these recommendations" and inserting the words "from the date of Council's decision until February 8, 2020" so that it now reads as follows:

1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, from the date of Council's decision until February 8, 2020.

That City Council defer consideration of the Item until the City Solicitor has reported on the court case.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on deferral motion 2 by Councillor Karygiannis.

That City Council amend Government Management Committee Recommendation 1 by deleting the words "three (3) years" and inserting the words "18 months" so that it now reads as follows:

1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, for a total period of 18 months from the date Council approves these recommendations.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item GM20.7 and take the vote immediately.

Councillor Karygiannis, rising on a Point of Privilege stated that he did not think Councillor Layton's comment was appropriate, and that the contractor in question did work in his Ward and it was well done.

1:40 p.m. - That the Government Management Committee recess its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the security of the property belonging to the City or one of its agencies or corporations.

That:

1.  Recommendation 1 in the report be amended to read as follows:

"1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, from the date Council approves these recommendations until February 8, 2019, for a total period of two (2) years, followed by one year probation to February 8, 2020".

2.  The following additional recommendation be adopted:

2. City Council direct that the following be applied during the probation year:

     a.  Four Seasons be limited to bid on City of Toronto tender calls for contracts worth up to a maximum of $1.5 million;

     b. the appropriate city staff monitor the work performed by Four Seasons during the probation year; and

     c.  if the work done by Four Seasons falls below the City's "meets expectations" performance standard in the Contractor Performance Evaluation tool, then a further one year suspension be imposed.

That Recommendation 1 in the report be amended to read as follows:

"1.  City Council declare Four Seasons Site Development Ltd. ("Four Seasons") ineligible to bid on or be awarded any City of Toronto tender calls as a General Contractor or Sub-Contractor, for a total period of three (3) years from the date Council approves these recommendations."