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Document
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MO-1813
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Institution/HIC
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City of Hamilton
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Summary
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NATURE OF THE APPEAL: In 2003, the City of Hamilton (the City) initiated a competitive process to select a supplier to replace the turf at Ivor Wynne Stadium. The City received three proposals for the work, one of which was submitted jointly by two companies. After the selection process had been completed and the contract awarded, one of the unsuccessful bidders submitted a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for all documents and information concerning the project. Specifically, the requester wanted: ... copies of any discussions, memoranda, letters, recommendations, assessments or other documents, whether in hard copy or electronic form, during 2000-2003 concerning the [contract for artificial turf replacement]. These will include but not be limited to the successful bid that [a named vendor] submitted. The requester subsequently clarified that he was not seeking access to his own company’s bid on the project. The City identified 22 responsive records (590 pages) and granted partial access to them. The City relied on the following exemptions to deny access to the remaining information: sections 10(1)(a), (b) and (c) (third party information) section 11(e) (economic and other interests) section 12 (solicitor-client privilege) section 14 (invasion of privacy) The City provided the requester with an index listing the records and the various exemptions claimed for each of them. The requester, now the appellant, appealed the City’s decision. During mediation, the appellant decided not to pursue access to Records 11, 12, 13, 14, 19 and 22, as well as the email address withheld from page 2 of Record 15. Also, the City disclosed portions of Records 4, 5 and 6 to the appellant, as well as certain pages and partial pages comprising Record 20. Further mediation efforts were not successful, and the appeal was transferred to me for adjudication. I started my inquiry by sending a Notice of Inquiry to the City, setting out the facts and issues in the appeal, and the City responded with representations. The City withdrew the section 11(e) exemption claim and agreed to disclose the one page covered by this exemption to the appellant. I also sent the Notice to three parties whose interests could be impacted by the disclosure of the records (the affected parties). Two affected parties provided representations - affected party A and affected party B. Affected party A is one of the companies that submitted the joint proposal. The other affected parties, including the company that bid jointly with affected party A, chose not to participate in the inquiry. I then sent the Notice to the appellant, along with a copy of the City’s representations. I also provided the appellant with copies of the non-confidential portions of the representations submitted by the two affected parties. The appellant responded with representations. RECORDS: The records remaining at issue in this appeal are described as follows: Record # Description Total Pages Exemptions Claimed 1 Affected party A RFP submissions 125 s.10 – pages 2–125 (in whole) s.14 – (in part) 2 Affected party B RFP submissions 229 s.10 – pages 2-229 (in whole) s.14 – (in part) 3 Project Update 3 s.10 – Page 2 (in part) 5 Affected party A Scoring Summary Sheet 3 s.10 – pages 1, 2 and 3 (in part) 6 Affected party B Scoring Summary Sheet 2 s.10 – pages 1 and 2 (in part) 7 Overall Scoring Summary Sheet 1 s.10 – (in part) 8 Purchase Order and Backup Documents 20 s.10 – pages 3 and 4 (in part) and pages 5–10, 14-20 9 Partial Copy of Affected party A bid 20 s.10 – pages 1 and 3-6 10 Email chain 5 s.10 – page 3 (in part) and pages 4–5 15 Email chain 3 s.12 – pages 1 and 2 (in part) 16 Email chain 4 s.12 - (in whole) 17 Email chain 1 s.10 – (in part) 18 Email chain 3 s.12 – pages 1 and 2 (in part) 20 Handwritten notes 59 s.10 – numerous pages (in part) 21 Procurement Award Report 4 s.10 – page 3 (in pa
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Legislation
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MFIPPA
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10(1)(a)
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Section 12
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Subject Index
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Published
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Jul 16, 2004
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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