Centre For Local Research into Public Space (CELOS)


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Followup Information Request, January 2009

This is a list of information requests for the City of Toronto that we would like to pursue as part of our Cinergy Case Study research project.

posted January 25, 2009

Background

CELOS (Centre for Local Research into Public Space) is currently undertaking an exploratory research project into issues arising from public administration of complex contracts by the City of Toronto. As a focal subject we have identified a contract (hereinafter referred to as "The Agreement") entered into between Cinergy Solutions and the City of Toronto (dated December 8, 2004) to implement energy saving measures in a specified set of premises during a specified period, and monitored for a specified period. The value of the contract is approximately $10M. We believe that this subject is sufficiently large to be relevant to our purpose, sufficiently contained to be realistic for our organization as a research project, and sufficiently defined to allow for specific objective tests and measures of compliance and effectiveness.

Specifically, our objectives are:

  • list the contractual and administrative obligations undertaken by Cinergy and Toronto's Parks Forestry and Recreation department, particularly in the form of generation and review of program reports
  • evaluate the compliance of the City and Cinergy by obtaining these reports, and comparing report contents to report requirements.
  • identify verifiable contents of these reports (energy usage, energy costs, and energy cost savings), and go through the exercise of obtaining sufficient documentation to verify those contents
  • analyze and interpret the results, within the confines of the available data
  • report the results of our investigation on the CELOS website (celos.ca) for public review and discussion

CELOS has done preliminary research (and obtained some documentation from the City) into this subject through a series of emails requests, Access to Information Requests, and one appeal to the Province of Ontario's Information Privacy Commissioner. The primary aim of these first requests was to assist us in understanding the structure of the project, and obtain enough particulars of the documentation stream to be able to concretely identify further documentation in subsequent Access to Information requests. The bulk of the information that we have accumulated to date can be found on the CELOS website at

Now that the implementation of the Cinergy project is complete and (presumably) the evaluation phase of the project is underway, we wish to collect further documentation (as generated to date) required to achieve the objectives of our research.

Requests for Access to Information

In the following, "The Agreement" means an agreement entered into between Cinergy Solutions and the City of Toronto (dated December 8, 2004) to implement energy saving measures in a specified set of premises during a specified period, and monitored for a specified period. The value of the agreement is approximately $10M.

Documents referenced in Section 1.01 "Definitions" of The Agreement, etc.
1. Approved Total Project Scope
The Total Project Scope defined in section 1.01 of The Agreement as "the compiled list of all Measures, by Premise, approved by the City following completion of the detailed design"
2. Construction Completion Certificate
All Construction Completion Certificates defined in section 1.01 of The Agreement as "a certificate from the City to CINERGY SOLUTIONS certifying that all Measures have been competed", and also referenced in Section 4.05 of The Agreement.
3. Construction Completion Notice
All Construction Completion Notices defined in section 1.01 of The Agreement as "a notice from CINERGY SOLUTIONS advising the City that all Measures have been competed"
4. All Measure Completion Notices
All Measure Completion Notices defined in section 1.01 of The Agreement as "a notice from CINERGY SOLUTIONS advising the City that a particular Measure has been completed", and also referenced in Section 4.04 of The Agreement.
Documents referenced in Section 2.03 "Approval of Concept Reports" of The Agreement
5. Acceptance or rejection of Concept Reports
All written communication from the City to CINERGY SOLUTIONS described in section 2.03 of The Agreement as "The City will inform CINERGY SOLUTIONS in writing of its acceptance or rejection of each Concept Report, or any questions or concerns arising from a Concept Report".
Documents referenced in Section 3.02 "Approval of Detailed Design" of The Agreement
6. Acceptance, or any questions or concerns arising from the detailed design
All written communication from the City to CINERGY SOLUTIONS described in section 3.02 of The Agreement as "The City will inform CINERGY SOLUTIONS in writing of its acceptance, or any questions or concerns arising from the detailed design and specification of the Measures".
7. Acceptance Forms
All Acceptance Forms submitted by CINERGY SOLUTIONS to the City as referenced in section 3.02 of The Agreement.
Documents referenced in Section 4.01 "General" of the Agreement
8. Instruction and Training Materials
All instruction and training materials created in relation to the instruction and training referenced in Section 4.01(4) of The Agreement.
Documents referenced in Section 4.03 "Commissioning" of the Agreement
9. Commissioning reports
All commisioning reports with reference to Measures as described in Section 4.03(2) of the agreement as "provide a commissioning report [for each Measure] documenting the results of the commissioning Work
10. Training Materials
All training materials created in relation to the training referenced in Section 4.03(5) of The Agreement.
Documents referenced in Article 5 "POST-CONSTRUCTION" of The Agreement, etc.
11. Quarterly analysis reports of Savings
All quarterly analysis reports of Savings (including but not limited to all attachments and referenced documentation) produced to date, described in Section 5.01(2) of The Agreement as "quarterly analysis and reporting of Savings, including a report after the Performance Period of the Savings in the final utility billing intervals included in the Performance Period". These reports are also referenced in Section 11.04(8) of The Agreement.
Documentation regarding Article 14 "AGREEMENT ADJUSTMENT" of The Agreement
12. Communications reducing the scope of work
All written communications, whether emails or letters, in summary or in detail, by the City confirming reduction of scope of work, as defined in section 14.01 "Reduction of Scope of Work" (dollar amounts may be hidden to accommodate privacy concerns)
13. Communications increasing the scope of work
All written communications, whether emails, letters, or Purchase Orders (dollar amounts may be hidden to accommodate privacy concerns), in summary or in detail, by the City confirming increase of scope of work, as defined in section 14.03 "Additional Work"
14. Reports documenting adjustments to the work
Any reports, detailed or summary, providing information on adjustment of the work as contemplated by Article 14 of The Agreement.

Working notes

These working notes are for the preparation of the request, and are not intended to be included in the request

  1. request "the proposal" from Cinergy Solutions referenced in section 1.13 of the agreement?
  2. request for information regarding maintenance?
  3. need refinement: review of Concept report documentation: acquisition, compliance with section 2.02 "Concept Reports" of The Agreement, and compliance with Information and Privacy Commission order, legibility
  4. include request for savings summary list from power point presentation material.
  5. documentation regarding financing and loan repayment?

Content last modified on January 27, 2009, at 03:32 AM EST