Three partnerships (follow-up after FOI material, 2024)

July 24, 2024

From: Jutta Mason <juttamason@gmail.com>

Date: Wed, Jul 24, 2024 at 8:43 AM

To: Christina Iacovino <Christina.Iacovino@toronto.ca>

Cc: Howie Dayton <Howie.Dayton@toronto.ca>, Councillor Bravo <Councillor_Bravo@toronto.ca>, Aydin Sarrafzadeh <Aydin.Sarrafzadeh@toronto.ca>, Doug Bennet <Doug.Bennet@toronto.ca>, Mari Caravaggio <Mari.Caravaggio@toronto.ca>

Hi Christina,

I'm a bit unsure of who to engage with here, but since Howie Dayton said partnerships questions should be addressed to you, that's what I'll do, and then you can reroute this email however that makes sense.

I think I may have misunderstood Mari and Doug at our February meeting. I asked what kind of partnership arrangements come through the PFR partnership office. I thought they said that the office is specifically concerned with the corporate kinds of partnerships. But when I read the contracts for Nike (Playmobile) and Desjardins (Skate lending), I see that both contracts specifically say they are not partnerships. (Nike, article 7: "nothing in this Agreement will be construed to....constitute the Parties as partners...." and Desjardins, p.8 "This Agreement is not intended to create a partnership...."). So how does PFR define "partnership"?

And then the April 22 FOI response letter said "Additionally, the Rink Social was a City run program, a partnership agreement is not available." But the city's press release refers to the "rink social" as coming from "The City of Toronto in partnership with national charity Evergreen and Montreal-based place-making firm La Pépinière..."

Then the Evergreen invoice for this program rolls the "rink social" into one "deferred account" signed off by the GM for $110,739.76. So was the Evergreen involvement actually a service contract?

Another puzzle is insurance. The Desjardins contract requires the company to provide $5 million liability insurance plus $1 million auto insurance with the city named as the additional insured. But the Nike contract requires the City to provide the insurance certificates with Nike named as the additional insured. Is there a reason for the difference?

These are just our technical questions, not even getting into program assessments or comparisons. We have some observations to contribute, about what worked and what didn't, re all three partnerships/programs. And we have some partnership-versus-permits suggestions, of considerable interest and relevance citywide. But first, could you connect me to the staff who can answer the questions I've raised here?

July 26, 2024

On Fri, Jul 26, 2024 at 1:16 PM Christina Iacovino <Christina.Iacovino@toronto.ca> wrote:

Thank you for reaching out with your detailed questions regarding partnerships and the different contexts in which the term is used. I appreciate your keen interest and thorough observations.

To address your queries:

Definition of Partnership:

The term "partnership" within the Parks, Forestry and Recreation (PFR) context is often used as a broad term to describe various collaborative efforts between the City and external organizations. While legal contracts like those with Nike and Desjardins specify that they do not constitute a legal partnership to clarify the nature of the relationship and responsibilities, the term "partnership" is still used in public communications to signify collaboration and joint effort.

Rink Social Program:

Regarding the Rink Social program, the involvement of Evergreen and La Pépinière is indeed a collaborative effort, hence the term "partnership" in public announcements. The term here reflects the cooperative nature of the project rather than a formal legal partnership.

Contracts and Insurance:

For contracts like those with Nike and Desjardins, the insurance requirements are tailored to the specific nature of each agreement, in consultation with our Insurance and Risk Management staff. The difference in insurance provisions is based on the risk assessment and responsibilities assigned within each contract. In the case of Nike, the City providing insurance reflects the unique aspects of that collaboration, whereas for Desjardins, the standard practice is followed where the company provides the required insurance.

I’d be happy to hear your observations and suggestions regarding partnerships and programs. I know a meeting is being set up with my colleagues Cathy and Terri (Community Recreation), and Thomas (who works in my office) for the week of August 19. I’ll be away on vacation at that time and wouldn’t be able to attend until after Sept 2nd. In any case, Cathy, Terri and Thomas are the right people to discuss your ideas with and to share feedback on the tools the City has available to facilitate partnerships or programs.

July 28, 2024

From: Jutta Mason <juttamason@gmail.com> Date: Sun, Jul 28, 2024 at 11:23 AM

Subject: Re: technical partnership questions after getting the FOI material

To: Christina Iacovino <Christina.Iacovino@toronto.ca> Cc: Howie Dayton <Howie.Dayton@toronto.ca>, Councillor Bravo <Councillor_Bravo@toronto.ca>, Aydin Sarrafzadeh <Aydin.Sarrafzadeh@toronto.ca>, Doug Bennet <Doug.Bennet@toronto.ca>, Mari Caravaggio <Mari.Caravaggio@toronto.ca>, Cathy Vincelli <Cathy.Vincelli@toronto.ca>, Terri Jones <Terri.Jones@toronto.ca>, Kaitlin Wainwright <Kaitlin.Wainwright2@toronto.ca>

Thank you Christina.

We'll have more to say on this later, but just one specific question still needs your answer:

was the $110,739.96 Rink Social invoice (attached), a service contract between Evergreen and the City?

If not, what was it? My interest, as you may realize already, is in the question of how much flexibility PFR management has, when there's a project that interests you.

Since the amount was over $50,000, did the approval go through Council? How would I find that discussion?

Aug.11, 2024

From: Christina Iacovino <Christina.Iacovino@toronto.ca> Date: Sun, Aug 11, 2024 at 8:34 PM Subject: RE: Re: technical partnership questions after getting the FOI material To: Jutta Mason <juttamason@gmail.com> Cc: Howie Dayton <Howie.Dayton@toronto.ca>, Councillor Bravo <Councillor_Bravo@toronto.ca>, Aydin Sarrafzadeh <Aydin.Sarrafzadeh@toronto.ca>, Doug Bennet <Doug.Bennet@toronto.ca>, Mari Caravaggio <Mari.Caravaggio@toronto.ca>, Cathy Vincelli <Cathy.Vincelli@toronto.ca>, Terri Jones <Terri.Jones@toronto.ca>, Kaitlin Wainwright <Kaitlin.Wainwright2@toronto.ca>

Hello Jutta

Regarding your specific question about the $110,739.96 Rink Social invoice, it was indeed a collaborative initiative rather than a traditional service contract between Evergreen and the City, as indicated in my email of July 26th. PFR operating funds were not used to finance these projects. While I appreciate your interest in the City’s collaborative projects, this is the extent of the information I am able to provide on this matter.

Thank you

Christina

Christina Iacovino Director, Client and Business Services City of Toronto | Parks, Forestry, & Recreation (416) 527-2997 Christina.Iacovino@toronto.ca