Item - 2018.GM29.30

Tracking Status

  • City Council adopted this item on July 23, 2018 without amendments and without debate.
  • This item was considered by the Government Management Committee on July 3, 2018 and adopted without amendment. It will be considered by City Council on July 23, 2018.

GM29.30 - Fair Wage Policy Non-Compliance - Aloia Brothers Concrete Contractors Ltd.

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

City Council Decision

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

 

1. City Council, as a result of Aloia Brothers Concrete Contractors Ltd. having been found to be in non-compliance with the provisions of the Fair Wage Policy, direct that the company be disqualified from conducting business on City projects for a period of two years inclusive, from the date of the decision of Council.

 

2. City Council declare that any legal entity that is related to or has the same operating mind as Aloia Brothers Concrete Contractors Ltd. (including successors or assigns) be ineligible to bid on or be awarded City of Toronto contracts 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, Aloia Brothers Concrete Contractors Ltd. be placed on probation for the next contract year.

 

4. City Council direct that Aloia Brothers Concrete Contractors Ltd. status as a disqualified firm be published on the City's Web Site.

 

5. City Council authorize the Manager, Fair Wage Office to direct the release of the withheld funds in the gross amount of $119,576.62 to Aloia Brothers Concrete Contractors Ltd. subject to:

 

a.  the deduction of a non-refundable payment of an administrative fee of 15 per cent of the full value of the withheld funds ($17,936.49) for a net payment to Aloia in the amount of $101,640.13, with the administrative fee to be deducted from the withheld funds as permitted by the Fair Wage By-law; and

 

b. the contractor providing the necessary documentation to the Manager, Fair Wage Office confirming that all sub-contractors have been paid for invoiced work before the funds are released.

Background Information (Committee)

(June 18, 2018) Report from the Manager, Fair Wage Office on Fair Wage Policy Non-Compliance - Aloia Brothers Concrete Contractors Ltd.
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-117261.pdf

GM29.30 - Fair Wage Policy Non-Compliance - Aloia Brothers Concrete Contractors Ltd.

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Government Management Committee recommends that:

 

1. City Council, as a result of Aloia Brothers Concrete Contractors Ltd. having been found to be in non-compliance with the provisions of the Fair Wage Policy, direct that the company be disqualified from conducting business on City projects for a period of two years inclusive, from the date of the decision of Council.

 

2. City Council declare that any legal entity that is related to or has the same operating mind as Aloia Brothers Concrete Contractors Ltd. (including successors or assigns) be ineligible to bid on or be awarded City of Toronto contracts 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, Aloia Brothers Concrete Contractors Ltd. be placed on probation for the next contract year.

 

4. City Council direct that Aloia Brothers Concrete Contractors Ltd. status as a disqualified firm be published on the City's Web Site.

 

5. City Council authorize the Manager, Fair Wage Office to direct the release of the withheld funds in the gross amount of $119,576.62 to Aloia Brothers Concrete Contractors Ltd. subject to:

 

a.  the deduction of a non-refundable payment of an administrative fee of 15 per cent of the full value of the withheld funds ($17,936.49) for a net payment to Aloia in the amount of $101,640.13, with the administrative fee to be deducted from the withheld funds as permitted by the Fair Wage By-law; and

 

b. the contractor providing the necessary documentation to the Manager, Fair Wage Office confirming that all sub-contractors have been paid for invoiced work before the funds are released.

Origin

(June 18, 2018) Report from the Manager, Fair Wage Office

Summary

This report provides an update on the efforts of the Manager, Fair Wage Office, to obtain certain information from Aloia Brothers Concrete Contractors Ltd. ("Aloia") to confirm compliance with the Fair Wage By-law, as directed by City Council in December 2017.

 

This report recommends that the withheld funds be released to the contractor and recommends that the contractor be ineligible to bid on or be awarded any City of Toronto tenders for a period of two (2) years, commencing on the date of the decision of City Council.

 

Additionally this report recommends that before the gross $119,576.62 is released to Aloia, the contractor provide the Manager, Fair Wage Office, with supporting documentation to confirm that all sub-contractors have been paid for invoiced work; and, a 15% administration fee for the City be deducted from the amounts being withheld, with the net paid out to Aloia.

Background Information

(June 18, 2018) Report from the Manager, Fair Wage Office on Fair Wage Policy Non-Compliance - Aloia Brothers Concrete Contractors Ltd.
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-117261.pdf

Speakers

Pina Aloia, Aloia Bros. Concrete Contractors Ltd.
Elee Scarlett, Johnstone & Cowling LLP

Motions

Motion to Adopt Item moved by Councillor Janet Davis (Carried)
Source: Toronto City Clerk at www.toronto.ca/council