STAFF REPORT
November 17, 1999
To: Works Committee
From: Barry H. Gutteridge, Commissioner, Works and Emergency Services
Subject: Toronto's Integrated Solid Waste Resource Management Process
Update on Consultant's Corporate Re-structuring
Purpose:
The purpose of this report is to provide members of Works Committee with an update on the corporate or firm
re-structuring of the planning consultant and external legal counsel retained in Toronto's Integrated Solid Waste
Management Resource Management ("TIRM") Process.
Financial Implications and Impact Statement:
There are no direct financial considerations arising from this report.
Recommendation:
It is recommended that this report be received for information.
Background:
At its meeting of October 1 and 2, 1998, City Council adopted recommendations from the Commissioner of Works and
Emergency Services (dated September 30, 1998, Report No. 31 (a)) to retain Proctor & Redfern Limited and the legal firm
of Tory Tory DesLauriers & Binnington ("Tory") to assist staff in the TIRM Process proposal call, including the
preparation and issuance of a Request for Expressions of Interest ("REOI") and Request for Proposals ("RFP"), analysis of
responses, due diligence, and report preparation. Both firms have proceeded to assist staff in the TIRM Process.
We have recently been advised that Proctor & Redfern Limited and Tory have undergone corporate or firm re-structuring.
Accordingly, we are advising members of Works Committee of these developments so that Committee members are kept
current and apprised. A summary of the corporate or firm re-structuring is provided below.
Comments:
Proctor & Redfern Limited has been acquired by U.S. based Earth Tech Inc., and has changed its name to Earth Tech
(Canada) Inc.
Earth Tech Inc. is a global provider of total water management, including design/build/finance/operate services;
environmental remediation and waste management; architecture, engineering and construction; urban development and
infrastructure, and transportation engineering. A subsidiary of Tyco International Limited, Earth Tech Inc. employs 7,000
people in 130 locations world-wide.
Earth Tech Inc. and its subsidiary, Earth Tech Environmental & Infrastructure, are engaged by numerous waste
management firms throughout North America. For example, engineering design projects are undertaken for, among others,
Waste Management Incorporated (the U.S. parent company of Canadian Waste Services Inc., which is a member of the
Rail Cycle North consortium, a TIRM qualified Respondent). These projects are attained through successful competition
within the open consulting engineering marketplace.
Earth Tech (Canada) Inc., has advised us that the following policies and procedures are in place to ensure that their work
on the TIRM Process will remain secure thereby maintaining their non-conflict-of-interest position:
· Earth Tech (Canada) staff who are directly involved in the TIRM Process are subject to the terms of a project specific
Confidentiality Agreement and have signed the Confidentiality Agreement;
· all electronic files associated with the TIRM Process are accessible to only those staff who are directly involved in the
TIRM Process and who have signed the Confidentiality Agreement; and
· all technical files, in hard-copy format, are secured in a locked cabinet.
Tory has now merged with a New York firm called Haythe & Curley. Haythe & Curley was a mid-sized firm
(approximately 75 lawyers) practising primarily in the areas of securities and finance. The new name of the merged firms is
Tory Haythe.
Prior to the merger, Tory conducted a conflicts review with Haythe & Curley. No conflicts were identified in that review
with respect to the TIRM Process.
To ensure that no conflict of interest arises, they have put in place the following procedures:
· isolation of the Toronto files on their computer system;
· separate file storage for Toronto files which are expressly labelled as requiring special permission before they can be
accessed; and
· signed undertakings on the part of anyone working on City of Toronto files, not to discuss any matter relating to the
TIRM Process.
Conclusions:
We are satisfied that the recent corporate or firm re-structuring of Proctor & Redfern Limited into Earth Tech (Canada)
Inc., and Tory into Tory Haythe presents no conflict of interest on the part of either firm regarding their work on the TIRM
Process. There has been no change in the personnel from each firm working on their respective project components and
there has been seamless service delivery during and since the corporate re-structuring took place.
We are confident that there is no conflict of interest on the part of either firm and, with the policies and procedures
established by each firm, that no conflict of interest could arise in reality or perception.
We have brought this matter to the attention of members of Works Committee for information purposes and to keep
members of the Committee current and apprised of the corporate or firm re-structuring of these two firms involved in the
TIRM Process.
Contact:
Lawson Oates, B.A., M.E.S.
Manager, Strategic Planning
Solid Waste Management Services
Works and Emergency Services
Metro Hall, 19th floor
Phone: (416) 392-9744
FAX: (416) 392-4754
E-mail: loates@toronto.ca
Angelos Bacopoulos
General Manager
Solid Waste Management Services
Barry H. Gutteridge
Commissioner, Works and Emergency Services
LJO/ljo:md/earth.doc
