April 7, 1999
To:Works and Utilities Committee
From:Barry H. Gutteridge
Commissioner, Works and Emergency Services
Subject:City of Toronto's Integrated Solid Waste Resource Management Process
Prohibition Against Lobbying
Supplementary Report
Purpose:
The purpose of this report is to provide examples of anti-lobbying clauses incorporated into
request for expressions of interest and requests for proposals of other jurisdictions, as
requested by Works and Utilities Committee on 24, 1999.
Funding Sources, Financial Implications and Impact Statement:
There are no direct financial considerations arising from this report.
Recommendations:
It is recommended that:
- this report be received for information; and
- the recommendations contained in the March 15, 1999 report from the Commissioner of
Works and Emergency Services regarding the establishment of a prohibition against
lobbying be adopted.
Reference/Background/History:
Listed on the agenda of the Works and Utilities Committee meeting of March 24, 1999 was a
report from the Commissioner of Works and Emergency Services titled "Solid Waste
Management Marketplace Engagement Process - Prohibition Against Lobbying" (report dated
March 15, 1999, listed as Item No. 4).
During discussion of this report, a request was made to the Commissioner to provide
examples of anti-lobbying clauses employed by other jurisdictions.
Discussion and Justification:
Listed below are several examples of public works projects in which anti-lobbying clauses
have been employed. Copies of the anti-lobbying clauses of each of these projects are attached
at Appendix "A".
- City of New York, Marine Transfer Station and Solid Waste Disposal Request for
Proposals *
- Region of Peel - South Peel Water and Sewer Systems Competitive Operations
Contract
- Region of Halton - Halton Urban Structure Plan (HUSP), Request for Proposals
- Region of Waterloo - Sewage System Competitive Operations Contract
- Province of Ontario - Sale Transaction Highway 407
- Former Municipality of Metro Toronto, Request for Proposals for the Disposal of
Metro's Residual Solid Waste
*The attached extract from the City of New York Request for Proposals for solid waste
transfer and disposal indicates that "no employee of the City of New York" other than the
Authorized Contact Person is to be contacted regarding the Request for Proposals. We have
confirmed with New York's Authorized Contact Person, Mr. Harry Szarpanski, that
"employee" is defined as all staff employees and elected officials.
In recommending adoption of an anti-lobbying clause, our goal is not to close off
communication between respondents and Councillors but to facilitate points of public contact
through deputations, briefings for all Councillors, and study tours.
In addition, we would like to propose the formation of an RFP Review Committee to engage
several Councillors to review with staff the process outcome in the selection of top-qualified
respondents, prior to a staff report being issued to Committee and Council. This will be the
subject of a further report following the completion of the REOI phase.
Conclusions:
Each of the municipal jurisdictions cited in this report supported the inclusion of an
anti-lobbying clause when engaging the marketplace in the provision of public works related
services. In the case of the Region of Peel's successful South Peel Water and Sewer Systems
Competitive Operations Contract an anti-lobbying clause was put in place for the request for
qualifications stage and the request for proposals stage. This is the recommended course of
action for the City of Toronto as it proceeds to engage the marketplace for disposal and
diversion capacity.
We recommend that this report be received and that the recommendations contained in the
Commissioner's report of March 15, 1999 be adopted.
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
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