Item - 2014.PW29.8
Tracking Status
- City Council adopted this item on April 1, 2014 without amendments and without debate.
- This item was considered by the Public Works and Infrastructure Committee on March 4, 2014 and adopted without amendment. It will be considered by City Council on April 1, 2014.
PW29.8 - Licensing Issue - Organic Material Processing Equipment, Dufferin Organics Processing Facility
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Wards:
- All
City Council Decision
City Council on April 1, 2 and 3, 2014, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor.
2. City Council direct that the confidential instructions to staff in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor, no longer remain confidential.
3. City Council direct that the remaining information in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.
The confidential instructions to staff contained in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor were adopted by City Council and are now public:
1. City Council authorize the City Solicitor to enter into an arbitration agreement, on terms satisfactory to the General Manager, Solid Waste Management Services and the City Solicitor to arbitrate all elements of the dispute between Canada Composting Inc. and the City arising in relation to the Sub-Licence Agreement.
2. In the alternative, if a satisfactory arbitration agreement cannot be reached, City Council authorize the City Solicitor to commence legal action to obtain a judicial determination of the proper scope and interpretation of the Sub-Licence Agreement.
3. City Council authorize the City Solicitor to settle any arbitration or legal action commenced on terms satisfactory to the General Manager, Solid Waste Management Services, in consultation with the City Solicitor.
The balance of Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2014/pw/bgrd/backgroundfile-67058.pdf
(February 18, 2014) Confidential Attachment 1 - Licensing Issue - Organic Material Processing Equipment, Dufferin Organics Processing Facility
PW29.8 - Licensing Issue - Organic Material Processing Equipment, Dufferin Organics Processing Facility
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Committee Recommendations
The Public Works and Infrastructure Committee recommends that:
1. Council adopt the confidential instructions to staff in Attachment 1 to the report (February 18, 2014) from the City Solicitor.
2. If Council adopts the confidential instruction to staff in Attachment 1 to the report (February 18, 2014) from the City Solicitor, Council direct that the instruction no longer remain confidential.
3. Council direct that the remaining information in the confidential attachment to the report (February 18, 2014) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.
Origin
Summary
The City intends to expand processing capacity for the City's source separated organic ("SSO") material at its Dufferin Organics Processing Facility ("DOPF"). It is, however, hindered in doing so by an unresolved disagreement between itself and the company that previously provided equipment for use at the DOPF, Canada Composting Inc. ("CCI").
The disagreement between the City and CCI is regarding the proper interpretation of the sub-licence agreement between CCI and the City (the “Sub-Licence Agreement”), and whether the terms of the Sub-Licence Agreement apply to specific SSO processing equipment currently on site.
How the Sub-Licence Agreement is to be interpreted will impact the terms of the request for proposal ("RFP") that the City wishes to issue to engage a contractor to design, build, operate, and maintain an expanded DOPF facility, and may impact the proposals submitted by potential bidders to the City.
The Confidential Attachment outlines the nature of this dispute, the confidential legal advice that the City has received with respect to these issues, and the proposed mechanisms for resolution of the issues.
Background Information
https://www.toronto.ca/legdocs/mmis/2014/pw/bgrd/backgroundfile-67058.pdf
(February 18, 2014) Confidential Attachment 1 - Licensing Issue - Organic Material Processing Equipment, Dufferin Organics Processing Facility