Item - 2021.AU9.11

Tracking Status

  • City Council adopted this item on July 14, 2021 without amendments.
  • This item was considered by Audit Committee on July 7, 2021 and was adopted with amendments. It will be considered by City Council on July 14, 2021.

AU9.11 - Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on July 14, 15 and 16, 2021, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General.

 

2.  City Council request the General Manager, Transportation Services to:

 

a.  identify and remediate data entry errors and omissions in the Toronto Maintenance Management System database for its winter maintenance program as part of an ongoing quality control process; and

 

b.  implement system-based controls such as data edit controls to validate data entry and protect key fields in the Toronto Maintenance Management System database.

 

3.  City Council request the General Manager, Transportation Services to use the data from its Toronto Maintenance Management System database to measure and monitor contractor performance, analyze operational trends and inform decision-making.

 

4.  City Council authorize the public release of Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources", following the Transportation Services Division's recommendation of the award for winter maintenance service contracts under its current Negotiated Request for Proposal, expected to be during October 2021.

 

5.  City Council authorize the public release of the confidential presentation (July 7, 2021) from the Auditor General following the Transportation Services Division's recommendation of the award for winter maintenance service contracts under its current Negotiated Request for Proposal, expected to be during October 2021.

 

6.  City Council direct that Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Auditor General's Comments - Division's Winter Road Maintenance Program Update", remain confidential in its entirety, as it pertains to litigation or potential litigation that affects the City of Toronto.

 

7.  City Council direct that Confidential Attachment 1 to the report (June 22, 2021) from the General Manager, Transportation Services and the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources", remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it describes criteria that the City should consider applying during negotiations that will be carried on by or on behalf of the City of Toronto, including information regarding the criteria that should be applied when negotiating and preparing contracts. Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources", will be made public following the Transportation Services Division's recommendation of the award for winter maintenance service contracts under its current Negotiated Request for Proposal, expected to be during October 2021.

 

The confidential presentation (July 7, 2021) from the Auditor General remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it describes criteria that the City should consider applying during negotiations that will be carried on by or on behalf of the City of Toronto, including information regarding the criteria that should be applied when negotiating and preparing contracts.The confidential presentation (July 7, 2021) from the Auditor General will be made public following the Transportation Services Division's recommendation of the award for winter maintenance service contracts under its current Negotiated Request for Proposal, expected to be during October 2021. 

 

Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Auditor General's Comments - Division's Winter Road Maintenance Program Update", remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto.

 

Confidential Attachment 1 to the report (June 22, 2021) from the General Manager, Transportation Services and the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

 

December 24, 2021:

 

Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources" is now public in its entirety, the City Solicitor having advised that it can be released, and can be accessed under Background Information (City Council).

 

The following confidential instructions to staff in Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources" were adopted by City Council and are now public:

 

1.  City Council request the General Manager, Transportation Services Division, to implement fleet reduction and deployment adjustments to achieve cost savings and make winter operations more cost-effective.

 

2.  City Council request the General Manager, Transportation Services Division, to include flexibility in the Negotiated Request for Proposal and contracts for the next contract cycle to be able to control the fleet size by type of vehicle and the deployment, particularly during the shoulder season (October/November, March/April).

 

The confidential presentation (July 7, 2021) from the Auditor General is now public, the City Solicitor having advised that it can be released, and can be accessed under Background Information (City Council).

Confidential Attachment - Criteria that the City should consider applying during negotiations that will be carried on by or on behalf of the City of Toronto, including information regarding the criteria that should be applied when negotiating and preparing contracts.

Background Information (Committee)

(June 22, 2021) Report from the Auditor General on Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168612.pdf
Attachment 1 - Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168777.pdf
(July 7, 2021) Presentation from the Auditor General on Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168998.pdf
Confidential Attachment 1 - Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
(July 7, 2021) Confidential presentation from the Auditor General on Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources (Confidential Portions of Presentation)

Background Information (City Council)

Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources" - made public on December 24, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-174756.pdf
Confidential presentation (July 7, 2021) from the Auditor General - made public on December 24, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-174757.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

11a - Audit of Winter Road Maintenance Program - Update on Contract Terms

Confidential Attachment - Advice which is subject to solicitor-client privilege.
Background Information (Committee)
(June 22, 2021) Report from the General Manager, Transportation Services and the City Solicitor on Audit of Winter Road Maintenance Program - Update on Contract Terms
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168630.pdf
Confidential Attachment 1 - Legal Advice

11b - Auditor General's Comments - Division's Winter Road Maintenance Program Update

Confidential Attachment - Litigation or potential litigation that affects the City of Toronto and is commenting on the City Solicitor's advice regarding that litigation or potential litigation.
Background Information (Committee)
(June 22, 2021) Report from the Auditor General on Auditor General's Comments - Division's Winter Road Maintenance Program Update
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168627.pdf
Confidential Attachment 1 - Auditor General's Comments - Division's Winter Road Maintenance Program Update

AU9.11 - Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources

Decision Type:
ACTION
Status:
Amended
Wards:
All

Confidential Attachment - Criteria that the City should consider applying during negotiations that will be carried on by or on behalf of the City of Toronto, including information regarding the criteria that should be applied when negotiating and preparing contracts.

Committee Recommendations

The Audit Committee recommends that:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General.

 

2.  City Council request the General Manager, Transportation Services to:

 

a.  identify and remediate data entry errors and omissions in the Toronto Maintenance Management System (TMMS) database for its winter maintenance program as part of an ongoing quality control process; and

 

b.  implement system-based controls such as data edit controls to validate data entry and protect key fields in the Toronto Maintenance Management System (TMMS) database.

 

3.  City Council request the General Manager, Transportation Services to use the data from its Toronto Maintenance Management System (TMMS) database to measure and monitor contractor performance, analyze operational trends and inform decision-making.

 

4.  City Council authorize the public release of Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources", following the Transportation Services Division's recommendation of the award for winter maintenance service contracts under its current Negotiated Request for Proposal, expected to be during October 2021.

 

5.  City Council authorize the public release of the confidential presentation (July 7, 2021) from the Auditor General following the Transportation Services Division's recommendation of the award for winter maintenance service contracts under its current Negotiated Request for Proposal, expected to be during October 2021.

 

6.  City Council direct that Confidential Attachment 1 to the report (June 22, 2021) from the Auditor General, headed "Auditor General's Comments - Division's Winter Road Maintenance Program Update", remain confidential in its entirety, as it relates to litigation or potential litigation that affects the City of Toronto.

 

7.  City Council direct that Confidential Attachment 1 to the report (June 22, 2021) from the General Manager, Transportation Services and the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

Decision Advice and Other Information

The Auditor General gave a presentation on Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources.

 

The Audit Committee recessed its public session to meet in closed session to consider this item, as it relates to criteria that the City of Toronto should consider applying during negotiations that will be carried on by or on behalf of the City of Toronto, including information regarding the criteria that should be applied when negotiating and preparing contracts, advice which is subject to solicitor-client privilege, and litigation or potential litigation that affects the City of Toronto and is commenting on the City Solicitor's advice regarding that litigation or potential litigation.

Origin

(June 22, 2021) Report from the Auditor General

Summary

As the City prepares to enter into a new set of multi-year winter maintenance contracts, it is important to analyze if the City was receiving the best value for money from the existing multi-million dollar contracts. Transportation Services currently has 47 seven-year winter maintenance contracts, valued at approximately $450 million, which are due for renewal in 2022. The Auditor General's report in Attachment 1 with confidential portions in Confidential Attachment 1, considers whether the City was receiving the best value for money from its past contracts, as well as opportunities for improved efficiency and cost-effectiveness in the contract services model going forward.

 

A Negotiated Request for Proposal (nRFP) process for the next round of winter maintenance services contracts is currently underway. The 2022 procurement for Winter Maintenance Services was tendered on May 7, 2021. The bidding process has closed and the Division is starting the evaluation stage. It is anticipated the contracts will be awarded this fall.

Background Information

(June 22, 2021) Report from the Auditor General on Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168612.pdf
Attachment 1 - Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168777.pdf
(July 7, 2021) Presentation from the Auditor General on Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168998.pdf
Confidential Attachment 1 - Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources
(July 7, 2021) Confidential presentation from the Auditor General on Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources (Confidential Portions of Presentation)

Motions

Motion to Meet in Closed Session moved by Councillor Stephen Holyday (Carried)

12:03 p.m. - That the Audit Committee recess its public session to meet in closed session to consider the following items:

 

AU9.11, Winter Road Maintenance Program - Phase 2 Analysis: Deploying Resources

 

as it relates to criteria that the City should consider applying during negotiations that will be carried on by or on behalf of the City of Toronto, including information regarding the criteria that should be applied when negotiating and preparing contracts.

 

AU9.11a, Audit of Winter Road Maintenance Program - Update on Contract Terms

 

as it relates to advice which is subject to solicitor-client privilege.

 

AU9.11b, Auditor General's Comments - Division's Winter Road Maintenance Program Update

 

as it relates to litigation or potential litigation that affects the City of Toronto and is commenting on the City Solicitor's advice regarding that litigation or potential litigation.


1a - Motion to Amend Item (Additional) moved by Councillor Michael Ford (Carried)

That the Audit Committee adopt the following recommendation in the report (June 22, 2021) from the General Manager, Transportation Services and the City Solicitor [AU9.11a]:

 

1.  City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.


1b - Motion to Amend Item (Additional) moved by Councillor Michael Ford (Carried)

That the Audit Committee adopt the following recommendation in the report (June 22, 2021) from the Auditor General [AU9.11b]:

 

1.  City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it is about litigation or potential litigation that affects the City of Toronto.


1c - Motion to Amend Item (Additional) moved by Councillor Michael Ford (Carried)

That:

 

1.  City Council authorize the public release of the confidential presentation (July 7, 2021) from the Auditor General following the Division's recommendation of the award for Winter Maintenance Service contracts under its current Negotiated Request for Proposal, expected to be during October 2021.


Motion to Adopt Item as Amended moved by Councillor Michael Ford (Carried)

11a - Audit of Winter Road Maintenance Program - Update on Contract Terms

Confidential Attachment - Advice which is subject to solicitor-client privilege.
Origin
(June 22, 2021) Report from the General Manager, Transportation Services and the City Solicitor
Summary

City Council adopted a recommendation on October 27, 28 and 30, 2020 requesting the General Manager, Transportation Services, in consultation with the City Solicitor and the Auditor General, to report to the Audit Committee in the second quarter of 2021 on the approach to take on the definition and charging of standby payments for the remainder (two years) of the current contract cycle. City Council also requested a report on the prospect of recovery of overpayments to the winter maintenance vendors for either performance issues or reconciliation gaps with GPS records, on the terms and conditions of the contract, on the prospect of recovery of overpayments in prior years with respect to standby pay and on the implementation of terms and conditions in the contracts on a go forward basis. This report responds to these requests.

Background Information
(June 22, 2021) Report from the General Manager, Transportation Services and the City Solicitor on Audit of Winter Road Maintenance Program - Update on Contract Terms
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168630.pdf
Confidential Attachment 1 - Legal Advice

11b - Auditor General's Comments - Division's Winter Road Maintenance Program Update

Confidential Attachment - Litigation or potential litigation that affects the City of Toronto and is commenting on the City Solicitor's advice regarding that litigation or potential litigation.
Origin
(June 22, 2021) Report from the Auditor General
Summary

City Council made a recommendation on October 27, 28 and 30, 2020 requesting the General Manager, Transportation Services, in consultation with the City Solicitor and the Auditor General, to report to the Audit Committee in the second quarter of 2021 to take on the definition and charging of standby payments for the remainder (two years) of the current contract cycle and on the prospect of recovery of overpayments to the winter maintenance vendors for either performance issues or reconciliation gaps with GPS records, on the terms and conditions of the contract, and the prospect of recovery of overpayments in prior years with respect to standby pay and on the implementation of terms and conditions in the contracts on a go forward basis. 

 

This report provides the Auditor General's comments to the Division's update on these recommendations and motion.

Background Information
(June 22, 2021) Report from the Auditor General on Auditor General's Comments - Division's Winter Road Maintenance Program Update
https://www.toronto.ca/legdocs/mmis/2021/au/bgrd/backgroundfile-168627.pdf
Confidential Attachment 1 - Auditor General's Comments - Division's Winter Road Maintenance Program Update
Source: Toronto City Clerk at www.toronto.ca/council