Dear Surrey County Council,

Dear Highways/EAI/SCC,

please note this follow form
https://www.whatdotheyknow.com/request/k...

Regarding my request, I sought information under 6 headings:
1. A copy of the contact with Kier Highways insofar as it relates to claiming costs for repairs form third parties

Thank you for the 2 pages document headed ‘Reactive Tasks’
2. The Service Level Agreement for Kier’s response time to emergency incidents
I note this is 2 hours
3. Whether debris clearance following an emergency incident is a chargeable event to the council
Please provide the information relating to this
4. The coverage Kier are to provide for attending emergency incidents i.e. whether this is 24/7 or otherwise
I note the service is to be ‘available 24/7’

5. Whether the council are charged a multiplier on hours by Kier Highways where Kier’s operatives work outside 8am to 5pm of a weekday
Please provide the information relating to this
6. The schedule of charges agreed with Kier Highways for services
Please provide the information relating to this
To be more specific in the hope of assisting to locate and minimise the information:
3. Debris clearance. Where no damage is caused and the incident attended relates to debris only, is the Council the subject of a charge from the contractor, Kier Highways Ltd?
4a. Is the service agreed one of employed staff on duty 24/7 or a standby service. If the latter, at what times are standby staff agreed to be operating.
4b. I am seeking the information in the Council’s possession that describes the hours the emergency incident attendance staff are on duty, employed and on the road (as opposed to at a depot or home on standby).
5. Are multipliers are charged to the Council for emergency incident attendance staff who work outside of 8am to 5pm of a non-holiday weekday? If so, what multipliers are applied and when?
6.regarding the schedule of charges, please supply these and:
6a. Where there is no culprit for your contractor to claim from, do the Council make payment to the contractor either directly or as part of a lump-sum agreement?
6b. If the charges to the Council, are by use of a fee for an item (staff, plant and materials) and an uplift / overhead, please advise the latter.
6c. What is the basis of any annual increase in charges to the Council by the contractor

Yours faithfully,

Mr P Swift

FOI/COR/SCC, Surrey County Council

Dear Mr Swift

YOUR REQUEST REF NO. 17503 UNDER THE ENVIRONMENTAL REGULATIONS 2004 

Thank you for your request for information received on the 20 October 2017. Your request reference is as above.

We will respond to your request as soon as possible and in any event within 20 working days from the date of receipt of your request. If you wish to contact me to discuss the progress of your request, please use the contact details given below and quote the reference number given above.  

Regards 

Helen Gilbert
Commons Registration Officer
Legal, Democratic & Cultural Services
(Mon - Thurs 9am to 3pm)

Corporate Information Governance Team (Room 138) |  Democratic Services  | Surrey County Council | County Hall | Penrhyn Road | Kingston upon Thames | Surrey | KT1 2DN
Tel: 020 8541 8935 | Email: [email address] | GCSx email for [OFFICIAL-SENSITIVE]: [email address]

Highways/EAI/SCC, Surrey County Council

3 Attachments

Dear Mr Swift

Please find attached the response to your request. 

 

Sharon Pilling
Customer Service & Business Process Team Leader
Local Highway Services
Surrey Highways
Tel: 0300 2001003

Email: [email address]

For more information about what we do, please visit our [1]Surrey
Highways website

 You can follow us on twitter [2]@Surreytravel  

We always try to provide excellent customer service. [3]Please let us
know how we are doing.

 

 

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References

Visible links
1. http://www.surreycc.gov.uk/highwaysinfo
2. http://www.twitter.com/surreytravel
3. http://www.surveymonkey.com/helpus

Dear Highways/EAI/SCC,

whilst i thank you for your response with reference to:
Rates are based on Secca rates. These are readily available and should mirror image these
however in order to release these rates, it is considered commercially sensitive by our
commercial team.

Please:
1. defined 'Secca'
2. explain how, if I possess the rates (Secca) I will be able to ascertain that they mirror them without your schedule being disclosed.
3. why you state 'should' as opposed to 'will' i.e. how is your response helpful?
4. explain the 'commercial sensitivity' argument and provide the public interest test considerations; it appears this has not be undertaken

your attention is drawn to:
http://www.englandhighways.co.uk/commerc...

Additionally, this week Highways England who have previously used this exemption have told the ICO (ref FS50664292) than information can be released.

with regard to:
" Control Room staff are employed on a 24 hour service however
operatives are 6 guys on call formed in 2 man crews across 3 areas"

5. please explain / define 'on call'; is that a 24/7 employment, ata depot from which they are called out as and when required (as an example)?

I have asked "Are multipliers are charged to the Council for emergency incident attendance staff who work
outside of 8am to 5pm of a non-holiday weekday? If so, what multipliers are applied and
when?"

6. what multipliers are applied and when?

with regard to "Where there is no culprit for your contractor to claim from, do the Council make payment to
the contractor either directly or as part of a lump-sum agreement?" your reply 'Dependant on the incident excess of risk exist' is not understood

7. please explain

with reard to:
If the charges to the Council, are by use of a fee for an item (staff, plant and materials) and
an uplift / overhead, please advise the latter. Can you please clarify as we don’t understand.

8. How are payments to the contractor made up; a fixed rate per hour for an element (as an example) or a base cost to which there is an uplift (fee)?

By way of further example, if the rate for a van that attends the scene of an incident is £x/hr, is this the extent of the charge to the Council or is there an uplift on this 'base' rate (or 'defined cost')?

I have asked:
"What is the basis of any annual increase in charges to the Council by the contractor" and you have replied:
Not applicable contracted rates until 2022

9. Is it, as appears, the case that the contractor's charges for the next 5 years are fixed, that there is no mechanism for increase, for example, inflation?

10. If not, please advise the increase(s) that will be allowed.

regards

philip

Yours sincerely,

Mr P Swift

Dear Surrey County Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Surrey County Council's handling of my FOI request 'Kier Highways'.

I have not received information nor a response.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/k...

Yours faithfully,

Mr P Swift

FOI/COR/SCC, Surrey County Council

Dear Mr Swift

INTERNAL REVIEW INTO THE HANDLING OF THE RESPONSE TO FREEDOM OF INFORMATION REQUEST REF: 17436
INTERNAL REVIEW REF: 17502

Your email of 20 October requesting a review of the handling of your request has been passed to me. As requested, I will conduct an internal review into the response to your request.

I am also conducting the review into the response to your request Ref: 17503, as requested in your email of 6 December. In order to conduct a thorough investigation, I propose to combine the two reviews and send you a written reply within 20 working days. If this deadline cannot be met for any reason, I will write to keep you informed of the progress of the review.

Regards

Helen Gilbert
Commons Registration Officer
Legal, Democratic & Cultural Services
(Mon - Thurs 9am to 3pm)

Corporate Information Governance Team (Room 138) |  Democratic Services  | Surrey County Council | County Hall | Penrhyn Road | Kingston upon Thames | Surrey | KT1 2DN
Tel: 020 8541 8935 | Email: [email address] | GCSx email for [OFFICIAL-SENSITIVE]: [email address]

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Dear FOI/COR/SCC,

Thank you.

I have sought:

1. The schedule of charges agreed with Kier Highways for services. Please provide the information relating to this. To be more specific in the hope of assisting to locate and minimise the information:

the response was:

‘Rates are based on Secca rates. These are readily available and should mirror image these however in order to release these rates, it is considered commercially sensitive by our commercial team.’

The response is not understood. If a set of rates are ‘readily available’ how are they commercially sensitive?

Clearly they are not. Please supply the rates used. I am keen to compare them with those I am aware of, to ensure the correct rates are being used.

I am particularly concerned to note that, having withheld the information, your Council is not definitive with regard to the rates; either they are used or they are not. What is meant by ‘they are based on’.

I suspect the reference is to CECA. The rates are deemed to be for works which are ‘incidental to the contract’ - CECA does not produce specific ‘emergency repair’ rates.

‘6 guys on call’ is not specific; are they employed, at a depot on call or at home, with the potential for being called out?

I have asked for the multipliers and when they are used. The response does not address the request.

Please provide the schedule of charges, simply saying ‘commercially sensitive’ is unhelpful, appears obstructive. There appears to have bene no consideration given to a public interest test.

with regard to the question about uplift, this is intended to determine the means by which you are charged:

• defined cost plus profit
• defined cost inclusive of profit
• a variation on the above, for example, defined costs plus ‘fee’ uplift

Yours sincerely,

Mr P Swift

Helen Gilbert LDC, Surrey County Council

Dear Mr Swift

INTERNAL REVIEW INTO THE HANDLING OF THE RESPONSE TO FREEDOM OF INFORMATION REQUESTS REF: 17436 & 17503 INTERNAL REVIEW REF: 17502

Further to my email of 6 December, I am in the process of clarifying a few points for my report, which may take a couple of days. I hope to complete my report and send you a copy by Tuesday 16 January. However, if this deadline cannot be met I will contact you again on Tuesday.

Please accept my apologies for the delay.

Regards

Helen Gilbert
Commons Registration Officer
Legal, Democratic & Cultural Services
(Mon - Thurs 9am to 3pm)

Corporate Information Governance Team (Room 138) |  Democratic Services  | Surrey County Council | County Hall | Penrhyn Road | Kingston upon Thames | Surrey | KT1 2DN
Tel: 020 8541 8935 | Email: [email address] | GCSx email for [OFFICIAL-SENSITIVE]: [email address]

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Helen Gilbert LDC, Surrey County Council

2 Attachments

Dear Mr Swift

INTERNAL REVIEW INTO THE HANDLING OF THE RESPONSE TO FREEDOM OF INFORMATION REQUESTS REF: 17436 & 17503 INTERNAL REVIEW REF: 17502

Further to my email of 10 January please find attached my report into the handling of your requests. Please accept my apologies for the delay in sending this to you.

Regards

Helen Gilbert
Commons Registration Officer
Legal, Democratic & Cultural Services
(Mon - Thurs 9am to 3pm)

Corporate Information Governance Team (Room 138) |  Democratic Services  | Surrey County Council | County Hall | Penrhyn Road | Kingston upon Thames | Surrey | KT1 2DN
Tel: 020 8541 8935 | Email: [email address] | GCSx email for [OFFICIAL-SENSITIVE]: [email address]

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Highways/EAI/SCC, Surrey County Council

3 Attachments

Dear Mr Swift

Following the review of your request please find our response attached. 
Apologies for the delay.

 

Sharon Pilling
Customer Service & Business Process Team Leader
Local Highway Services
Surrey Highways
Tel: 0300 1003
Email: [email address]

For more information about what we do, please visit our [1]Surrey
Highways website

 You can follow us on twitter [2]@Surreytravel  

We always try to provide excellent customer service. [3]Please let us
know how we are doing.

 

 

show quoted sections

References

Visible links
1. http://www.surreycc.gov.uk/highwaysinfo
2. http://www.twitter.com/surreytravel
3. http://www.surveymonkey.com/helpus

Dear Highways/EAI/SCC,

You state:

• the information has been identified as confidential within the contract and disclosure would be considered by the Contractor to be a breach of confidence

However, you have neither identified the section within the contract nor attached the relevant section. It appears the intention is to obstruct.

Please provide the section and extract by return.

I do not accept that it is for the contractor to determine whether the information is commercially sensitive, but that this is a distinction that should be made by the Public Authority - you appear to place your contractor beyond FoIA when agreeing the contract yet include them when considering applications.

Has the contractor ever advised another that the information is NOT commercially sensitive.

You are further referred to:

http://www.englandhighways.co.uk/commerc...

Yours,

Mr P Swift

Highways/EAI/SCC, Surrey County Council

3 Attachments

Dear Mr Swift

Following on from the review of your request please find an exemption
letter attached.  Apologies for the delay.

 

Sharon Pilling
Customer Service & Business Process Team Leader
Local Highway Services
Surrey Highways
Tel: 0300 2001003
Email: [email address]

For more information about what we do, please visit our [1]Surrey
Highways website

 You can follow us on twitter [2]@Surreytravel  

We always try to provide excellent customer service. [3]Please let us
know how we are doing.

 

 

show quoted sections

References

Visible links
1. http://www.surreycc.gov.uk/highwaysinfo
2. http://www.twitter.com/surreytravel
3. http://www.surveymonkey.com/helpus

Repeating your reply is unhelpful, unnecessary.

Dear Highways/EAI/SCC,

You state:

• the information has been identified as confidential within the contract and disclosure would be considered by the Contractor to be a breach of confidence

However, you have neither identified the section within the contract nor attached the relevant section. It appears the intention is to obstruct.

Please provide the section and extract by return.

I do not accept that it is for the contractor to determine whether the information is commercially sensitive, but that this is a distinction that should be made by the Public Authority - you appear to place your contractor beyond FoIA when agreeing the contract yet include them when considering applications.

Has the contractor ever advised another that the information is NOT commercially sensitive.

You are further referred to:

http://www.englandhighways.co.uk/commerc...

Yours,

Mr P Swift

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