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Document
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MO-1311
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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: This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The requester hand-delivered a request to the City of Hamilton (the City) on March 13, 2000. The request stated: Please provide disclosure of any and all records, documentation and information, including but without limiting memorandum, correspondences, minutes of meetings, consultation notes or records, telephone notations or any other written notation document or record (hereinafter referred to collectively as "documentation") pertaining to; Concerns and/or problems which were expressed to a named construction company during the course of the work carried out by the company at a named address; Concerns and/or problems which were expressed to the company after completion of the work carried out by the company at the named address; Concerns and/or problems which were expressed to the company during the course of the work carried out by the company at a named project; Concerns and/or problems which were expressed to the company after completion of the work carried out by the company at a named project; Any documentation received by the City of Hamilton or its representatives from third parties; Any documentation pertaining to any concerns and/or problems with work carried out by the company at either a named address or at a named project that has not been brought to the attention of the company; Copy of contract between the Corporation of the City of Hamilton and the company for the renovation work at a named address; Copy of contract between Corporation of the City of Hamilton and the company for the renovation work at a named project; Documentation regarding the assessment and analysis of bids received for the renovation project at a Fire Station, including but without limiting any documentation or analysis of the bids by any representatives of the purchasing department, community services division and fire department representatives; A copy of the "time sensitive" approval process; Documentation substantiating any difficulties experienced in obtaining quality workmanship and co-operation from the company site personnel from the fire department and community services division; Documentation detailing any excessive staff time spent enforcing and arguing quality issues leading to compromising an overall project, quality, schedule and budget with respect to work carried out by the company; Documentation pertaining to the complexity of the fire station renovation and expansion project; Documentation detailing concerns with the company to perform the renovation project due to the complexities involved or any other reasons; Documentation from any source whether within the Corporation of the City of Hamilton or third party which was received and/or relied upon in making a recommendation that the contract for the fire station not be awarded to the company; Documentation detailing arguing with the company personnel and documentation supporting the suggestion that projects worked on by the company compromised the overall project, quality, schedule and budget; Documentation used or considered to come to the conclusion that the second lowest bid was the most qualified bid and best represents a bid that will be successful relative to final price, timeliness and quality of work; Documentation pertaining to the six general contractors which attended the mandatory site meeting including but without limiting any documentation or information pertaining to whether or not the six general contractors (or any of them) were contacted by the City of Hamilton or its agents to attend the mandatory site meeting; and Any documentation that the company representatives attended the site meeting and whether or not anyone from the Corporation of the City of Hamilton or its agents notified the company or informed the company or made a determination at that time or any time prior to or subsequent to receipt of the bids that the company should not bid on the project or any bid by the company would be rejected; Documentation reviewed by the City manager and the general manager of community services to determine whether or not there would be a change in the award of the contact for the fire station; Documentation relied on to reject the company's bid on the fire station; Documentation supporting any quality control matters pertaining to the company's performance on contracts with the City; Any additional or other documentation relied on by the City of Hamilton not otherwise covered above which was relied on by the City not to award the contract for the renovations to the fire station to the company; Documentation whereby the company was pre-qualified to bid on work projects of the City of Hamilton for the period commencing after the company was awarded a named project. On April 18, 2000, the requester wrote to the City asking for a response to the request and reminding the City that the Act required that he be notified of any proposed time extension. The City did not issue a decision letter to the requester as required by sections 19 and 22 of the Act within the 30 days prescribed by the Act , nor did the City request a time extension to process the request under section 20(1) of the Act . Accordingly, the City placed itself in a "deemed refusal" situation pursu
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Legislation
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Subject Index
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Published
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Jun 14, 2000
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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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