March 15, 1999

To:Works and Utilities Committee

From:Barry H. Gutteridge

Commissioner, Works and Emergency Services

Subject:Solid Waste Management Marketplace Engagement Process

Prohibition Against Lobbying

Purpose:

The purpose of this report is to seek direction from Toronto City Council on the inclusion, in the Solid Waste Management Marketplace Engagement Process ("SWM-MEP") two-stage proposal call for solid waste disposal, diversion, and new and emerging technology options, of an "anti-lobbying" requirement. The two-stage proposal call entails a Request for Expressions of Interest (the "REOI") and a Request for Proposals (the "RFP").

Funding Sources, Financial Implications and Impact Statement:

There are no direct financial considerations arising from this report.

Recommendations:

It is recommended that:

1. the Request for Expressions of Interest in the Solid Waste Management Marketplace Engagement Process for solid waste disposal, diversion, and new and emerging technologies, contain a requirement, as set out in Appendix "A" attached to this report, prohibiting respondents from lobbying Council members and staff;

2.the prohibition against lobbying be effective from the date of the issuance of the Request for Expressions of Interest until a contract(s) is reached at the conclusion of the subsequent Request for Proposals phase, or the process is discontinued; and

3. in conjunction with the implementation of the prohibition against lobbying as contained in Appendix "A", Council adopt the following protocol:

(i)should Members of Council wish to receive information from any respondent(s), then the request shall be made through the designated official as defined in Appendix "A"; and

(ii)in the event of any alleged breach of the requirement against lobbying, Council shall be the arbiter of the effect of such a breach.

Reference/Background/History:

On October 2, 1998, City Council provided direction to the Commissioner of Works and Emergency Services to:

"¼immediately proceed to engage the marketplace to secure solid waste management options including waste diversion and disposal capacity to meet the City's long-term requirements through a Request for Expressions of Interest and Request for Proposals process based on the work undertaken in the planning process to date, but without proceeding to the submission of an environmental assessment." (Clause No. 2 of Report No. 8 of the Works and Utilities Committee).

Additional reports also listed on this agenda address:

-the SWM-MEP consultation program;

-a potential co-operative approach to solid waste management among Greater Toronto Area regional jurisdictions; and

-a request for authorization to issue the SWM-MEP Request for Expressions of Interest ("REOI").

This report focuses on the addition of an anti-lobbying clause to the two-stage proposal call.

Discussion and Justification:

The REOI document directs all potential respondents to request the document through one member of staff, and requires all questions concerning the document to be in writing and directed to the same staff member. The intent of these provisions is to ensure a single point of contact and avoid any confusion or contradictory advice being provided to respondents, thereby resulting in a more business-like approach.

During the previous RFP process carried out by the former Metro Toronto (1995-1996) it was found to be beneficial to have a provision in the document prohibiting lobbying and the solicitation of Council Members and staff. "Anti-lobbying" clauses had been adopted for the National Trade Centre proposal call and the Provincial Highway No. 407 project. Recently, the Regional Municipality of Peel engaged an anti-lobbying provision throughout their entire process for the contracting out of the operational components of their Regional water supply and wastewater treatment facilities.

We are recommending the inclusion of such a clause in the SWM-MEP process as we anticipate, because of the major contracts involved, that intense lobbying will likely occur. The proposed clause is provided in the attached Appendix "A". We do not recommend that the prohibition against lobbying extend to interactions by proponents in the press regarding their specific proposals.

In addition, we are recommending that proponents be able to make public deputations at any public meeting of Works and Utilities Committee in order to provide a direct channel of communication to Committee members in a public forum. In addition, we will be recommending, after the submission of proposals in response to the actual Request for Proposals, opportunities for short-listed proponents to address all Members of Council in one or more special informal briefing sessions on the benefits of their proposals.

Conclusions:

We recommend the inclusion of a prohibition against lobbying in the two-stage SWM-MEP effective from the date of the issuance of the REOI until a contract(s) is reached at the subsequent RFP stage or the process is discontinued. The purpose of such a provision is to alleviate any intense lobbying associated with the proposals that might be expected in a project of this size and scope.

The "anti-lobbying" clause (please see attached Appendix "A") will create a "one-window" approach for all proponents regarding the proposal call process. The clause does not prohibit proponents from making representations to the media. In order to provide a channel of communication with Councillors we are recommending that proponents be able to make deputations to any public meeting of Works and Utilities Committee. In addition, we will be recommending that one or more special informal briefings for all Members of Council be convened following the identification of a short-list at the RFP stage in order to provide an opportunity for the short-listed proponents to present the benefits of their proposals.

Contact Name:

Lawson Oates, B.A., M.E.S.

Manager, Strategic Planning

Solid Waste Management Services

Works and Emergency Services

Phone: (416) 392-9744

FAX: (416) 392-4745

E-mail: lawson_oates@metrodesk.metrotor.on.ca

Angelos Bacopoulos, P.Eng.Barry H. Gutteridge

General ManagerCommissioner

Solid Waste Management Services Works and Emergency Services

Attachment

LJO/ljo:md/alc

Appendix "A"

Solicitation

If any director, officer, employee, agent or other representative of a respondent, including any other parties that may be involved in a joint venture or a consortium with the respondent, makes, from and after the date of issuance of this Request for Expressions of Interest, any representation or solicitation to any member of City Council ("Member") or any official, employee or agent of the City of Toronto, with the exception of Mr. Lawson Oates of Works and Emergency Services Department (the "Authorized Contact Person"), with respect to the respondent's proposal or any other respondent's proposal, City Council shall be entitled to reject the respondent's proposal.

A representation for the purposes of this requirement can be considered to be anything said or written to any Member, official, employee or agent which provides information advancing the interests of a proposal.

This requirement does not extend to representations made to the Authorized Contact Person or to any public deputation made to City Council's Works and Utilities Committee in accordance with the City's Procedural By-law, including any special briefing sessions for Members as may be authorized by City Council. The requirement also does not extend to statements made only to the reporting media.

Should a respondent desire that any information be presented to Members, the respondent may request the Authorized Contact Person to do so and that person will distribute such information to all Members and appropriate staff. Respondents are advised that if any Member directly approaches a respondent for information, the respondent is at jeopardy if he or she does make any representation to any Member in response.