Refuse and recycling collection contract signed with Veolia

Francis Irving made this Freedom of Information request to Liverpool City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Sir or Madam,

Please send me a copy of the contract Liverpool City Council signed with Veolia for refuse and recycling collection.

Thanks for your help!

Francis

Mail Delivery System,

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A message that you sent could not be delivered to one or more of its
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Sent request to Liverpool City Council again, using a new contact address.

Liverpool Direct, Liverpool City Council

Thank you for your e-mail.

This e-mail confirms we have received your enquiry.

We will endeavour to respond to this enquiry within 24 hours, but please
note that during

busy periods it may take up to 3 working days to reply to you.

In the mean time, you will be able to find the answers to commonly asked
questions on our
website: [1]www.liverpool.gov.uk.

Please do not respond to this e-mail as it has been generated
automatically.

Liverpool Direct
Winner - 'Best in Public Sector', Call Centre

Association Excellence Awards 2004 Liverpool,

European Capital of Culture 2008

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References

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1. http://www.liverpool.gov.uk/

Liverpool Direct, Liverpool City Council

Dear Francis,

Thank you for your recent e-mail.

I have forwarded your enquiry to our Environmental Services Department
who will respond to you directly.

Please contact us if you have any further queries we may assist with.

Yours sincerely

Liverpool Direct
[email address]
www.liverpool.gov.uk
Liverpool, European Capital of Culture 2008

Would you prefer to receive your council tax bill via email? Go to
www.liverpool.gov.uk and complete the easy online registration form.

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Dear Liverpool Direct,

Hi - I sent this request to you on 20th December, and haven't received a reply yet.

Could you track down why I haven't?

Thanks!

Francis

Liverpool Direct, Liverpool City Council

Thank you for your e-mail.

This e-mail confirms we have received your enquiry.

We will endeavour to respond to this enquiry within 24 hours, but please
note that during

busy periods it may take up to 3 working days to reply to you.

In the mean time, you will be able to find the answers to commonly asked
questions on our
website: [1]www.liverpool.gov.uk.

Please do not respond to this e-mail as it has been generated
automatically.

Liverpool Direct
Winner - 'Best in Public Sector', Call Centre

Association Excellence Awards 2004 Liverpool,

European Capital of Culture 2008

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References

Visible links
1. http://www.liverpool.gov.uk/

Liverpool Direct, Liverpool City Council

Dear Mr Irving,

Thank you for your recent e-mail.

I have re-forwarded your enquiry for a response from the environmental
services department as soon as possible.

Please contact us if you have any further queries we may assist with.

Yours sincerely

Liverpool Direct
[email address]
www.liverpool.gov.uk
Liverpool, European Capital of Culture 2008

Would you prefer to receive your council tax bill via email? Go to
www.liverpool.gov.uk and complete the easy online registration form.

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Francis Irving

Dear Liverpool Direct,

Hi, I still don't have a response to this request which I made back in December.

You have already forwarded my request to the environmental services department twice, and I still have no response from them.

Could you trace what has happened?

See http://www.whatdotheyknow.com/request/re... for the full correspondence.

Yours sincerely,

Francis

Liverpool Direct, Liverpool City Council

Thank you for your e-mail.

This e-mail confirms we have received your enquiry.

We will endeavour to respond to this enquiry within 24 hours, but please
note that during

busy periods it may take up to 3 working days to reply to you.

In the mean time, you will be able to find the answers to commonly asked
questions on our
website: [1]www.liverpool.gov.uk.

Please do not respond to this e-mail as it has been generated
automatically.

Liverpool Direct
Winner - 'Best in Public Sector', Call Centre

Association Excellence Awards 2004 Liverpool,

European Capital of Culture 2008

show quoted sections

References

Visible links
1. http://www.liverpool.gov.uk/

Liverpool Direct, Liverpool City Council

Dear Francis Irving,

Thank you for your recent e-mail.

We have forwarded your request to the relevant department, and they will
answer your query as soon as possible.

Please contact us if you have any further queries we may assist with.

Yours sincerely

Liverpool Direct

[1][email address]

[2]www.liverpool.gov.uk

Liverpool, European Capital of Culture 2008

Would you prefer to receive your council tax bill via e-mail? Go to
[3]www.liverpool.gov.uk and complete the easy online registration form.

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Liverpool City Council

Dear Mr Irving

FOI REQUEST NO: 29133

RE: Refuse and recycling collection contract

Many thanks for your recent communication requesting information under the
Freedom of Information Act 2000, dated 22nd May.

I understand that you have sent this request in previously to Liverpool
Direct Limited, unfortunately it should have been forwarded to Wendy Twigge
Information Manager by Liverpool Direct Limited who deals with all
information requests. Miss Twigge has not received this request until 22
May, 2008 and apologies for this delay.

Your request will now be processed and as soon as we have the appropriate
information Miss Twigge will respond to you.

I should be grateful if you would quote the above FOI Request No in all
future communications.

Many thanks

Yours sincerely

Wendy Twigge
Information Manager

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Hi Wendy,

I made a Freedom of Information request to you on 17th December 2007, and have still not received a reply.

I have repeatedly reminded you to reply. You can see the full record of correspondence here:
http://www.whatdotheyknow.com/request/re...

You are now clearly breaching the Freedom of Information Act section 10 (1). I am writing to ask you to comply now, by sending me a copy of the contract Liverpool City Council signed with Veolia for refuse and recycling collection.

If you do not immediately answer my request following this email, please consider it instead a request for an internal review, and send this to the person within Liverpool City Council who handles FOI reviews.

I would also like to point out that under the Audit Commission Act 1998 s15 (1)(a) the contract with Veolia is open for inspection at certain times of year by the public. Because of this, the contract cannot be commercially confidential, as it is clearly not confidential.

If you refuse this request on the grounds of commercial confidentiality, then I shall be complaining to the Information Commissioner.

Your easiest course of action, to save you and the people in your council a lot of hassle, and to not waste my time and taxpayers money, is simply to attach the contract and send it to me.

I look forward to your prompt response.

Francis Irving

Liverpool Direct, Liverpool City Council

Thank you for your e-mail.

This e-mail confirms we have received your enquiry.

We will endeavour to respond to this enquiry within 24 hours, but please
note that during

busy periods it may take up to 3 working days to reply to you.

In the mean time, you will be able to find the answers to commonly asked
questions on our
website: [1]www.liverpool.gov.uk.

Please do not respond to this e-mail as it has been generated
automatically.

Liverpool Direct
Winner - 'Best in Public Sector', Call Centre

Association Excellence Awards 2004 Liverpool,

European Capital of Culture 2008

show quoted sections

References

Visible links
1. http://www.liverpool.gov.uk/

Liverpool Direct, Liverpool City Council

Dear Francis Irving,

Thank you for your recent e-mail.

We have forwarded your request to the relevant department, and they will
answer your query as soon as possible.

Please contact us if you have any further queries we may assist with.

Yours sincerely

Liverpool Direct

[email address]

www.liverpool.gov.uk

Liverpool, European Capital of Culture 2008

Would you prefer to receive your council tax bill via e-mail? Go to
www.liverpool.gov.uk and complete the easy online registration form.

show quoted sections

Dear Sir or Madam,

I am requesting an internal review of the following Freedom of Information request.

http://www.whatdotheyknow.com/request/re...

I originally sent it on 20 December 2007, and have received no reply, just automated acknowledgements.

Yours sincerely,

Francis

Liverpool Direct, Liverpool City Council

Thank you for your e-mail.

This e-mail confirms we have received your enquiry.

We will endeavour to respond to this enquiry within 24 hours, but please
note that during

busy periods it may take up to 3 working days to reply to you.

In the mean time, you will be able to find the answers to commonly asked
questions on our
website: [1]www.liverpool.gov.uk.

Please do not respond to this e-mail as it has been generated
automatically.

Liverpool Direct
Winner - 'Best in Public Sector', Call Centre

Association Excellence Awards 2004 Liverpool,

European Capital of Culture 2008

show quoted sections

References

Visible links
1. http://www.liverpool.gov.uk/

Liverpool Direct, Liverpool City Council

Dear Mr Francis Irving,

Thank you for your recent e-mail.

We have forwarded your request to the relevant department, and they will
answer your query as soon as possible.

Please contact us if you have any further queries we may assist with.

Yours sincerely

Liverpool Direct

[email address]

www.liverpool.gov.uk

Liverpool, European Capital of Culture 2008

Would you prefer to receive your council tax bill via e-mail? Go to
www.liverpool.gov.uk and complete the easy online registration form.

show quoted sections

Woods, Rob, Liverpool City Council

Dear Mr. Irving

I am writing to confirm that I have now obtained a copy of the contract
that you require.

However, due to the size of the document it cannot be sent in electronic
format as it is in excess of 10Mb and will be stopped from being sent due
to restrictions on the Councils e-mail servers.

If you would let me have a forwarding address I would be happy to send a
copy of the report to you.

Kind regards

Rob Woods

Rob Woods

Finance & Legal Services Directorate

Legal Services

Room 221

Municipal Buildings

Dale Street

Liverpool L2 2DH

Tel: 0151 225 6712

Fax: 0151 225 2392

e-mail: [1][email address]

Liverpool European Capital of Culture 2008

P Please consider the environment before printing this e-mail. Thank you

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References

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1. mailto:[email address]

Francis Irving left an annotation ()

I (with mySociety hat on) added a "file upload" facility to WhatDoTheyKnow for FOI officers to be able to upload responses from their browser.

I contacted Rob Woods directly. Unfortunately it turns out they only have a hard copy after all, so he has to send it by post instead.

Glanville, Andrea, Liverpool City Council

2 Attachments

Dear Mr Irving

Please find attached Part A & Part B of the Veoila Contract. Part C is
currently being considered as part may be exempt for public release, I
will endeavour to get this information to you as soon as possible.

Please accept my apologies for the delay in issuing this information to
you and do appreciate your continued patience with the organisation.

Regards

Andrea Glanville

Legal Services

Liverpool City Council

Municipal Buildings

Dale Street

Liverpool

L2 2DH

Telephone 0151 225 2709

Fax: 0151 225 2392

email: [1][email address]

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References

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1. mailto:[email address]

Jain, Rajat, Liverpool City Council

1 Attachment

Our ref: WT/ FOI & EIR 29133

Dear Mr Irving

Re: Your Freedom of Information Act 2000/ Environmental Information
Regulations 2004 request.

I refer to your Freedom of Information Act request referred to in your Web
link:

[1]http://www.whatdotheyknow.com/request/re...

I apologise on behalf of the Council for the delay in responding.

In fact as the contract relates to environmental information, it must be
treated as a request for information under the Environmental Information
Regulations 2004 (EIR) and not the Freedom of Information Act 2000 (FOI).

You have previously been provided with Parts A & B of the contract. Please
find attached the final Part C previously referred.

As will be noted, information considered to be prejudicial to commercial
interests has been redacted. The Council has only sought to specifically
redact out the prices quoted by the contractor. Accordingly, that portion
of the information has been withheld under the following EIR exceptions:

Regulations 12(5)(e) & (f) -. Under Reg 12(5)(e), information can be
withheld if disclosure would adversely affect the confidentiality of
commercial or industrial information where such confidentiality is
provided by law to protect a legitimate economic interest. Reg 12(5)(f)
applies where disclosure would adversely affect the interests of the
supplier of the information.

I shall deal with these 2 exceptions collectively as they are
interrelated.

The prices provided to the Council were submitted as part of the tendering
process for the contract. Accordingly an implicit duty of confidence
exists in common law, as there would have been a reasonable expectation on
the part of bidders that pricing information submitted as part of a bid
would be held in confidence for the purposes of assessment. Further, the
participation in the tendering process gives rise to the information being
supplied under confidential circumstances.

The pricing information quoted is of legitimate economic interest to the
tendering company, in that if released, it would be of value to a
competitor thereby compromising the bidder's competitive edge.

It follows from the above that releasing the pricing information would
adversely affect the interests of the supplier of the information under
Reg 12(5)(f).

In weighing up the public interest, the Council accepts that there is a
legitimate public interest in knowing what pricing data inform Council
decisions relating to the expenditure of public funds. However I have
weighed this against, what I consider to be the greater public interest in
the Council being able to consider contracts in an environment whereby
bidders can compete on a level playing field. I would suggest that it is
in the greater public interest in ensuring that the tendering process has
integrity and is executed in a fair basis of merit and not tactical
advantage gained. The Council would have no control over the information
were it to be released into the public domain.

Please note that the Council rejects your assertion that the above
exceptions (in the context of EIR) cannot be applied as the contracts are
available for public inspection under Section 15(1)(a) of the Audit
Commission Act 1998 (ACA). Inspection of documents under ACA concerns
itself with limited rights of access to "interested persons", only when an
audit takes place, and only to those documents relating to the audit. This
may or may not specifically include this contract requested.

I compare this to EIR and FOI which provides for a right to access all of
the time. An equivalent in FOI would be that the information is reasonably
accessible to the public under s21. The circumstances permitting access
under ACA are more constrained than under FOI, otherwise, had this been an
FOI request, the Council would have been entitled to rely upon the Section
21 exemption i.e that the information is reasonably accessible by other
means.

Accordingly the Council is entitled to consider this request under the
appropriate legislation applicable, i.e. under EIR, and not under other
legislation that may or may not necessarily facilitate disclosure.

However, the Council is quite content for you to test this out, by way of
challenge to the ICO, with whom we have consulted before forming this
view.

As some information has been withheld, please treat this communication as
a refusal notice under EIR Reg 14. I am also obliged to inform you of your
rights to make further representation under EIR Reg 11, which I set out
below:

"11. - (1) Subject to paragraph (2), an applicant may make representations
to a

public authority in relation to the applicant's request for environmental
information if

it appears to the applicant that the authority has failed to comply with a
requirement

of these Regulations in relation to the request.

(2) Representations under paragraph (1) shall be made in writing to the
public

authority no later than 40 working days after the date on which the
applicant believes

that the public authority has failed to comply with the requirement.

(3) The public authority shall on receipt of the representations and free
of charge -

(a) consider them and any supporting evidence produced by the applicant;
and

(b) decide if it has complied with the requirement.

(4) A public authority shall notify the applicant of its decision under
paragraph (3)

as soon as possible and no later than 40 working days after the date of
receipt of the

representations.

(5) Where the public authority decides that it has failed to comply with
these

Regulations in relation to the request, the notification under paragraph
(4) shall

include a statement of -

(a) the failure to comply;

(b) the action the authority has decided to take to comply with the
requirement; and

(c) the period within which that action is to be taken".

Please note that representations under Regulation 11 can made to the
Council under the first stage of the Have Your Say Scheme. You can either
complete a form on-line at our website -
[2]http://www.liverpool.gov.uk/feedback_for... or you can complete
a form at any One Stop Shop or Library. Alternatively, you can write to
us at Liverpool Direct, Freepost, NWW 3400A, Liverpool L1 3ZZ

If you remain dissatisfied you may also apply to the Information
Commissioner for a decision about whether the request for information has
been dealt with in accordance with the Environmental Information
Regulations 2004.

The Information Commissioner's website is [3]www.ico.gov.uk and the postal
address and telephone numbers are:-

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF. Fax number 01625 524 510, DX 20819, Telephone 01625
545745. Email - [4][email address] (they advise that their email is
not secure).

Finally kindly acknowledge safe receipt.

Yours sincerely

Rajat Jain

Solicitor

Finance & Legal Services

Liverpool City Council

0151 225 3132

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References

Visible links
1. http://www.whatdotheyknow.com/request/re...
2. http://www.liverpool.gov.uk/feedback_for...
http://www.liverpool.gov.uk/feedback_for...
3. http://www.ico.gov.uk/
http://www.ico.gov.uk/
4. mailto:[email address]
mailto:[email address]