Item - 2018.GM27.16

Tracking Status

  • City Council adopted this item on May 22, 2018 without amendments and without debate.
  • This item was considered by the Government Management Committee on April 30, 2018 and adopted without amendment. It will be considered by City Council on May 22, 2018.

GM27.16 - Queensway Excavating & Landscaping Ltd. - Disqualification from City Contracts, Fair Wage Policy Non-Compliance

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on May 22, 23 and 24, 2018, adopted the following:

 

1.  City Council, as a result of Queensway Excavating & Landscaping Ltd. having been found to be in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, direct that Queensway Excavating & Landscaping Ltd. be disqualified from conducting business on City projects for a period of two years inclusive.

 
2.  City Council declare that any legal entity that is related to or has the same operating mind as Queensway Excavating & Landscaping Ltd. (including successors or assigns) be ineligible to bid on or be awarded City of Toronto tender calls as a General Contractor or as a Sub-contractor, for the two year disqualification period, from the date of City Council's decision.

 
3.  City Council direct that once the disqualification period is over, Queensway Excavating & Landscaping Ltd. be placed on probation for the next contract year.

 
4.  City Council direct that Queensway Excavating & Landscaping Ltd. status as a disqualified firm be published on the City's Website.

Background Information (Committee)

(April 16, 2018) Report from the Manager, Fair Wage Office on Queensway Excavating & Landscaping Ltd. - Disqualification from City Contracts, Fair Wage Policy Non-Compliance
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-114177.pdf

Communications (Committee)

(April 27, 2018) Letter from Macdonald Allen, WeirFoulds LLP - Redacted (GM.New.GM27.16.1)
https://www.toronto.ca/legdocs/mmis/2018/gm/comm/communicationfile-79869.pdf

GM27.16 - Queensway Excavating & Landscaping Ltd. - Disqualification from City Contracts, Fair Wage Policy Non-Compliance

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Government Management Committee recommends that:

 

1.  City Council, as a result of Queensway Excavating & Landscaping Ltd. having been found to be in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, direct that Queensway Excavating & Landscaping Ltd. be disqualified from conducting business on City projects for a period of two years inclusive.

 
2.  City Council declare that any legal entity that is related to or has the same operating mind as Queensway Excavating & Landscaping Ltd. (including successors or assigns) be ineligible to bid on or be awarded City of Toronto tender calls as a General Contractor or as a Sub-contractor, for the two year disqualification period, from the date of the decision of Council.

 
3.  City Council direct that once the disqualification period is over, Queensway Excavating & Landscaping Ltd. be placed on probation for the next contract year.

 
4.  City Council direct that Queensway Excavating & Landscaping Ltd. status as a disqualified firm be published on the City's Web Site.

Decision Advice and Other Information

The Government Management Committee recessed 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 that affects the City or one of its agencies or corporations, and personal matters about an identifiable person.

Origin

(April 16, 2018) Report from the Manager, Fair Wage Office

Summary

The City's Fair Wage Policy requires every contractor and sub-contractor to pay their employees in accordance with applicable Fair Wage Schedule(s) while engaged on City contracts.

 

As directed by Council, Toronto Municipal Code, Chapter 67, instructs the Manager, Fair Wage Office to take disqualification action when a contractor or any sub-contractor 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 the disqualification of Queensway Excavating & Landscaping Ltd. from conducting business with the City of Toronto for a period of two years.

Background Information

(April 16, 2018) Report from the Manager, Fair Wage Office on Queensway Excavating & Landscaping Ltd. - Disqualification from City Contracts, Fair Wage Policy Non-Compliance
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-114177.pdf

Communications

(April 27, 2018) Letter from Macdonald Allen, WeirFoulds LLP - Redacted (GM.New.GM27.16.1)
https://www.toronto.ca/legdocs/mmis/2018/gm/comm/communicationfile-79869.pdf

Speakers

Macdonald Allen, WeirFoulds LLP
Fulvio Savini

Motions

1 - Motion to Meet in Closed Session moved by Councillor Janet Davis (Carried)

12:01 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 that affects the City or one of its agencies or corporations, and personal matters about an identifiable person.

 


2 - Motion to Adopt Item moved by Councillor Paul Ainslie (Carried)
Source: Toronto City Clerk at www.toronto.ca/council