Approved Variation of Commission Fees Payable on LOBO Loans and Selection of Broker

The request was partially successful.

Dear Brighton and Hove City Council,

Please provide un-redacted copies of the tender specifications, assessment notes and awarded TMA contracts for 'Treasury Management Advice' (TMA) services, tendered by council between 2002-2015.

Additionally, please provide payment records, notes and receipts for TMA annual fees, and LOBO loan brokerage commission and/or applicable restructuring fees over this period.

Finally, please confirm (providing records) of each occasion Councils Treasury Management Advisor(s) sought and received formal approval from the council, to vary brokerage commission fees from the flat rate set out in the TMA contract and standard "terms of business."

Yours faithfully,

Joel M Benjamin

Freedom Of Information, Brighton and Hove City Council

Thank you for submitting your Freedom of Information (FOI) request to
Brighton & Hove City Council.

 

We will respond to your request within 20 working days as stipulated under
the Freedom of Information Act (2000).

 

Regards,

 

Information Governance Team

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation.

Freedom Of Information, Brighton and Hove City Council

34 Attachments

 

Please find set out below the information in response to the above
request:

 

1)      Un-redacted copies of the tender specifications, assessment notes
and awarded TMA contracts for Treasury Management Advice (TMA) services,
tendered by the council between 2002-2015

The council has undertaken a formal procurement process for this service
in 2002, 2009 and 2015. Contract waivers were used for this contract in
2005 for a three year contract, and then again for a 1 year extension in
2008 (waiver documents attached).

Formal contracts were therefore signed in 2002, 2006, 2009 and 2015.
Copies of the signed contract are attached for each instance aside from
2002 where contract documents have been destroyed in line with the
council’s record retention policy.

The council considers that the procurement assessment documents are
commercially sensitive and as such have not included these in the
response.

The specifications for the 2009 and 2015 procurements are attached. The
specification for the 2002 procurement has been destroyed in line with the
council’s record retention policy.

 

2)      Payment records, notes and receipts for TMA annual fees and LOBO
brokerage commission and/or applicable restructuring fees over this period

·         Invoices for Treasury Management fees from January 2007 to date
are attached.

·         Invoices from before January 2007 have been destroyed in line
with the council’s record retention policy.

·         No fees for re-structuring have been paid to the TMA over this
period – Restructuring advice is provided within the annual fee paid for
Treasury Advisory Services.

·         Invoices for all brokerage paid via the creditors system from
2007 onwards are attached. Any invoices for brokerage paid before 2007
have been destroyed in line with the council’s record retention policy.

 

3)      Confirmation (providing records) of each occasion Council’s
Treasury Management Advisor (s) sought and received formal approval from
the council to vary brokerage fees from the flat rate set out in the TMA
contract and standard terms of business.

The contracts do not set out a flat rate of brokerage. Brokerage is
negotiated from the basis of the market standard brokerage fees. Therefore
there has been no departure from the contract in terms of brokerage paid.

 

 

Should you have any further queries about this request, please contact us
via email to [1][Brighton and Hove City Council request email] quoting the
reference number given above.

 

If you are not satisfied with the handling of your request, you can appeal
(Internal Review) within 2 months of the completed FOI. Write to:

 

Freedom of Information Appeals

Brighton & Hove City Council

ICT 4th Floor

Bartholomew House

Bartholomew Square

Hove BN1 1JE

[2][Brighton and Hove City Council request email]

 

If you are still not satisfied after your Internal Review has been
investigated, you can escalate your complaint to the Information
Commissioners Office. The contact details are:

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Helpline: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

e-mail: [3][email address]

Website: [4]www.ico.org.uk

 

 

Re-use of Public Sector Information and Copyright Statement

Where information has been supplied, you are advised that the copyright in
that material is owned by Brighton & Hove City Council and/or its
contractor(s) unless otherwise stated. The supply of documents under the
Freedom of Information Act does not give the recipient an automatic right
to re-use those documents in a way that would infringe copyright, for
example, by making multiple copies, publishing and issuing copies to the
public. Brief extracts of the material can be reproduced under the “fair
dealing” provisions of the Copyright Design and Patents Act 1998 (S.29 and
S.30) for the purposes of research for non-commercial purposes, private
study, criticism, review and news reporting. Authorisation to re-use
copyright material not owned by Brighton & Hove City Council and/or its
contractor(s) should be sought from the copyright holders concerned. If
you are considering re-using the information disclosed to you through this
request, for any purpose outside of what could be considered for personal
use, then you are required under the Public Sector Re-use of Information
Regulations 2005 to make an Application for Re-use to the organisation
from which you have requested the information. Applications for Re-use
should be directed to the Data Protection Manager at the address above.

 

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation.

References

Visible links
1. mailto:[Brighton and Hove City Council request email]
2. mailto:[Brighton and Hove City Council request email]
3. mailto:[email address]
4. http://www.ico.org.uk/

Joel M Benjamin left an annotation ()

Provided everything except formal tenders & assessments