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M-288

Document		M-288


File #		M-9300122


Institution/HIC		Township of Kitley


Summary		A request was received by the Township of Kitley (the Township) under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to the following records relating to an invitation by the Township to submit tenders for garbage collection: A copy of the Performance Bond provided to the Township by [the successful bidder] as stipulated by Item #4 of the "Statement Governing Tender Requirements". This bond is also referred to in Clause #17 of the contract which was provided by the Township as part of the tender package for the garbage collection contract. A copy of the complete tender package submitted to the Township by [the successful bidder] including all supporting documentation. A copy of the contract executed between the Township of Kitley and [the successful bidder] for the collection of garbage within the township and transport to the Laidlaw landfill site as well as all supporting documentation. Copies of any correspondence between the Township of Kitley and [the successful bidder] between December 1, 1992 and January 21, 1993. Pursuant to section 21 of the Act , the Township notified the successful bidder, whose interests might be affected by the disclosure of the requested records. The successful bidder objected to the disclosure of any of the records, except for the contract. The Township subsequently issued a decision granting the requester access to the contract and denying access to the remainder of the records under section 10(1) of the Act . The requester appealed the decision of the Township. He claims that there is a public interest in the disclosure of the information. During mediation, the Township disclosed some portions of the remaining records. Further mediation was not successful and notice that an inquiry was being conducted to review the decision of the Township was sent to the Township, the appellant and the successful bidder (the affected person). Representations were received from all three parties.


Legislation		MFIPPA


Subject Index		Letter of Credit Pricing Information Tender


Signed by		Anita Fineberg


Published		Mar 14, 1994


Type		Order


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