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WINDSOR, Ont. Windsor residents will be the ones on the hook for any legal claims that could arise if City Council goes ahead with plans to award the contract for solid waste services to a company whose executives chose not to disclose all information required in its tender bid.
It is possible that the competing bidders may have a claim against the City for this problem caused by Turtle Island. If it happens or could happen, the citizens of Windsor face the risks and costs of such litigation, irrespective of its outcome, states a legal opinion obtained by the Canadian Union of Public Employees (CUPE) Local 82.
Local 82 requested the legal opinion after learning that Turtle Island Recycling, the successful bidder, misrepresented their litigation history in their tender submission. That misrepresentation was compounded at last Monday’s Council meeting, when Turtle Island’s president adamantly denied its company had any litigation.
Since then new information has come to light indicating Turtle Island in fact had been engaged in litigation with the City of Toronto as recently as 2007.
Turtle Island was required to disclose this information in their tender documents. They had an opportunity to correct this last Monday and chose not to. On the face of things, this failure could lead to a huge legal headache for the city if it chooses to award the contract to them, said Jim Wood, president, CUPE Local 82.
In light of these new revelations, I am calling on Council to do the right thing for the residents of our community and disqualify Turtle Island. Two other bidders were disqualified for irregularities’ in their tenders. Should Council award the contract to Turtle Island, either of them or the other firm will have a strong legal argument that the process was hopelessly tainted, he added.
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For more information, contact:
Jim Wood, Local 82 President, 519-818-0341
Kevin Wilson, CUPE Communications, 416-821-6641
