City of Toronto
TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on May 11 and 12, 1999
WORKS AND UTILITIES COMMITTEE
REPORT No. 6
1 Integrated Solid Waste Resource Management Process -
Prohibition Against Lobbying
REPORT No. 6
OF THE WORKS AND UTILITIES COMMITTEE
(from its meeting on April 12, 1999,
submitted by Councillor Betty Disero, Chair)
As Considered by
The Council of the City of Toronto
on May 11 and 12, 1999
1
Integrated Solid Waste Resource Management Process -
Prohibition Against Lobbying
(City Council on May 11 and 12, 1999, amended this Clause by striking out the recommendation of
the Works and Utilities Committee, and inserting in lieu thereof the following:
"It is recommended that the report dated March 15, 1999, from the Commissioner of Works
and Emergency Services, be adopted.")
(City Council on April 13, 14 and 15, 1999, deferred consideration of this Clause to the next regular
meeting of City Council to be held on May 11, 12 and 13, 1999.)
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(Clause No. 2 of Report No. 5 of The Works and Utilities Committee)
(City Council on April 13, 14 and 15, 1999, deferred consideration of this Clause to the next regular
meeting of City Council to be held on May 11, 12 and 13, 1999.)
The Works and Utilities Committee recommends that that part of Section 6.1 of the Request
for Expressions of Interest (REOI) in the Integrated Solid Waste Resource Management
Process (formerly named the Solid Waste Management Marketplace Engagement Process)
pertaining to the "anti-lobbying" clause be deleted from the REOI.
The Works and Utilities Committee reports, for the information of Council, having directed that the
City Solicitor and the Chief Administrative Officer, in conjunction with other appropriate staff, be
requested to develop a stringent lobbyist registration by-law, and submit a report thereon to the
Corporate Services Committee as soon as possible.
The Works and Utilities Committee submits the following report (March 15, 1999) from the
Commissioner of Works and Emergency Services:
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:
"… immediately 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 the 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 the 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
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.
The Works and Utilities Committee also submits the following report (April 7, 1999) from the
Commissioner of Works and Emergency Services:
Purpose:
The purpose of this report is to provide examples of anti-lobbying clauses incorporated into requests
for expressions of interest and requests for proposals of other jurisdictions, as requested by the
Works and Utilities Committee on March 24, 1999.
Funding Sources, Financial Implications and Impact Statement:
There are no direct financial considerations arising from this report.
Recommendations:
It is recommended that:
(1) this report be received for information; and
(2) 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; and
- 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
The Works and Utilities Committee also submits the following communication (April 7, 1999)
from Councillor Betty Disero, Chair, Works and Utilities Committee:
Here is the schedule of deputation items, as requested by the Committee, at our last meeting.
REOI (Diversion, Disposal, New and Emerging Technologies)
Works and Utilities Committee Meeting April 12, 1999
Revised REOI Submitted for Approval:
Council Approves REOI: April 13, 14 and 15, 1999
REOI Issued: April 26, 1999
REOI's Received: May 31, 1999
(1) Presentations to Special Meeting of Works and
Utilities Committee by REOI Respondents: Early June 1999
Project Team Reviews Responses: June 1 to June 25, 1999
(2) Staff Report on Qualified Respondents: July 14, 1999 Committee
(*Public Deputations) Meeting
Public Notification of Potential Disposal Sites: Week of July 19, 1999
Consultation on Disposal RFP Criteria: July 19 to August 16, 1999
RFP for Disposal
(3) Present RFP to Committee/Council: September 1999 Committee
(*Public Deputations) Meeting
Council Approves Disposal RFP: September 1999
Issue Disposal RFP: October 1, 1999
Disposal RFP's Received: November 30, 1999
Evaluation of Proposals: November 30, 1999 to
January 30, 2000
(4) Presentations to Special Meeting of Mid-November 1999
Works and Utilities Committee by
RFP Respondents:
(5) Staff Report on Top-Qualified Respondents: February 2000
(*Public Deputations)
Proposed schedule for RFP for Diversion and New and Emerging Technologies will be subsequently
submitted by the Commissioner of Works and Emergency Services.
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(A copy of the attachments referred to in the foregoing report dated April 7, 1999, has been
forwarded to all Members of Council with the agenda for the special Works and Utilities Committee
meeting of April 12, 1999, and a copy thereof is on file in the office of the City Clerk.)
Respectfully submitted,
BETTY DISERO
Chair
April 12, 1999
(Report No. 6 of The Works and Utilities Committee was adopted, as amended, by City Council on
May 11 and 12, 1999.)
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