Will SCC SW1 renegotiation impact on future SW1 shared service costs for TDBC?

The request was successful.

Dear Taunton Deane Borough Council,

Somerset County Council (SCC) recently concluded a contract re-negotiation with IBM that took a significant number of SW1-based shared services and many seconded staff back in-house.

SCC were the Lead Partner prior to the SW1 contract renegotiation with IBM.

Has the shareholding in SW1 between TDBC, ASPOLA & SCC (SW1 public partners) been adjusted to reflect the SCC renegotiation and the new relevant business proportions between TDBC, ASPOLA & SCC in SW1?

If SW1 public shareholdings between TDBC, ASPOLA & SCC have been changed, then from what to what?

Are there any plans to adjust or re-negotiate the SW1 shareholding between TDBC, ASPOLA & SCC? If so, please detail.

Are there any plans to change the SW1 articles of association or any part of the SW1 company registration following the SCC renegotation with IBM for SW1 services? If so, please detail.

Has IBM's majority shareholding in SW1 changed? If so, from what to what?

If there are future changes to SW1-based shared services (e.g. new SAP shared service Disaster Recovery facilities), then how will the SW1-based shared costs be equitably apportioned between TDBC, ASPOLA & SCC, if the SCC element has been significantly reduced?

Please detail the new cost sharing arrangements for future
SW1-based shared service costs, that reflect the impact on TDBC of SCC's much lower proportion of shared service usage across the SW1 public partners.

Yours faithfully,

Dave Orr

FOI-advice, Taunton Deane Borough Council

This is to acknowledge receipt of your request under the Freedom of
Information Act 2000. We will respond to your request within 20 working
days.

FOI ADMINISTRATION DESK
TAUNTON DEANE BOROUGH COUNCIL

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FOI-advice, Taunton Deane Borough Council

This is Taunton Deane Borough Council's response to your request under
the Freedom of Information Act 2000.

Response: Please find below the information you requested under the
freedom of information act.

Has the shareholding in SW1 between TDBC, ASPOLA & SCC (SW1 public
partners) been adjusted to reflect the SCC renegotiation and the new
relevant business proportions between TDBC, ASPOLA & SCC in SW1?
Answer: No

If SW1 public shareholdings between TDBC, ASPOLA & SCC have been
changed, then from what to what?
Answer: N/A

Are there any plans to adjust or re-negotiate the SW1 shareholding
between TDBC, ASPOLA & SCC? If so, please detail.
Answer: No

Are there any plans to change the SW1 articles of association or any
part of the SW1 company registration following the SCC renegotiation
with IBM for SW1 services? If so, please detail.
Answer: No

Has IBM's majority shareholding in SW1 changed? If so, from what to
what?
Answer: No

If there are future changes to SW1-based shared services (e.g. new SAP
shared service Disaster Recovery facilities), then how will the
SW1-based shared costs be equitably apportioned between TDBC, ASPOLA &
SCC, if the SCC element has been significantly reduced?
Answer: By negotiation between the public sector partners in
accordance with the contractual provisions covering cost sharing

Please detail the new cost sharing arrangements for future SW1-based
shared service costs, that reflect the impact on TDBC of SCC's much
lower proportion of shared service usage across the SW1 public partners.
Answer: The specific details of the cost sharing arrangements
between the partners are commercially confidential. Consequently in
our view these details are exempt from publication under the Freedom of
Information Act.

If you wish to object to our response, in the first instance you may
approach the Council's Complaints Officer via our website at
www.tauntondeane.gov.uk/complaints or by writing to The Customer
Services Manager, Taunton Deane Borough Council, The Deane House,
Belvedere Road, Taunton, Somerset, TA1 1HE.

You also have the option of having the request and response reviewed by
an Officer of the Council by applying for a review to
[Taunton Deane Borough Council request email] or by writing to The Freedom of
Information Officer, Taunton Deane Borough Council, The Deane House,
Belvedere Road, Taunton, Somerset, TA1 1HE.

Should you remain dissatisfied after that review you can appeal against
the decision by contacting the Information Commissioner, Wycliffe House,
Water Lane, Wilmslow, SK9 5AF.

FREEDOM OF INFORMATION ADMINISTRATION DESK
Taunton Deane Borough Council

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Dear Taunton Deane Borough Council,

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

I am writing to request an internal review of Taunton Deane Borough Council's handling of my FOI request 'Will SCC SW1 renegotiation impact on future SW1 shared service costs for TDBC?'.

The percentage split of cost sharing between three public bodies (TDBC, SCC & Police) of a shared service bill from their contractor cannot, by percentage split cost sharing arrangements for a new/additional shared service charge disclose the contractor's margins.

As an example: Let us say that SW1 charge an additional £100K per year for agreed (by all three public parthers: TDBC, SCC & Police) new Disaster Recovery facilities at IBM Warwick (where the shared ERP IT system SAP is hosted for SW1).

What was TDBC's percentage share of a £100K shared service charge BEFORE the SCC contract renegotiation?

What will TDBC's percentage share of a £100K shared service charge AFTER the SCC contract renegotiation?

Percentage sharing is not commercially confidential and should be disclosed.

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

Yours faithfully,

Dave Orr

FOI-advice, Taunton Deane Borough Council

This is to acknowledge receipt of your request under the Freedom of Information Act 2000. We will respond to your request within 20 working days.

FOI ADMINISTRATION DESK
TAUNTON DEANE BOROUGH COUNCIL

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FOI-advice, Taunton Deane Borough Council

This is Taunton Deane Borough Council’s response to your request under the
Freedom of Information Act 2000.

 

Response: Please find below the information you requested under the
freedom of information act.                       

 

I have, as requested, reviewed our response to your freedom of information
request dated 21 June 2012 under the heading “Freedom of Information
request - Will SCC SW1 renegotiation impact on future SW1 shared service
costs for TDBC?”

 

Having reviewed the response I concur with your view that the percentage
split of cost sharing between the three public authorities should not
ordinarily be treated as commercially confidential information.  The only
circumstances in which they would be treated as commercially confidential
would be where the release of such information would be financially
damaging to the Authority.

 

The question in your original request asked us to “detail the new cost
sharing arrangements for future SW1-based shared service costs that
reflect the impact on TDBC of SCC's much lower proportion of shared
service usage across the SW1 public partners.”

 

Unfortunately there is no straightforward answer to this.  The reason for
this is because there is no pre-agreed methodology for apportioning future
shared service costs between the Authorities.  Each shared service cost is
dealt with on a case-by-case basis with an appropriate cost sharing
mechanism being identified, agreed and applied.

 

If you wish to object to our response, in the first instance you may
approach the Council’s Complaints Officer via our website at
[1]www.tauntondeane.gov.uk/complaints or by writing to The Customer
Services Manager, Taunton Deane Borough Council, The Deane House,
Belvedere Road, Taunton, Somerset, TA1 1HE.

 

You also have the option of having the request and response reviewed by an
Officer of the Council by applying for a review to
[2][Taunton Deane Borough Council request email] or by writing to The Freedom
of Information Officer, Taunton Deane Borough Council, The Deane House,
Belvedere Road, Taunton, Somerset, TA1 1HE.

 

Should you remain dissatisfied after that review you can appeal against
the decision by contacting the Information Commissioner, Wycliffe House,
Water Lane, Wilmslow, SK9 5AF.

 

FREEDOM OF INFORMATION ADMINISTRATION DESK

Taunton Deane Borough Council

 

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Dear FOI-advice,

Please treat this response as a formal request for an Internal Review of your limited disclosure for this FOI.

This reply appears "generic" and does not appear to be legally informed?

Did you check the agreement (Memorandum of Understanding - Mou) 20-3-2008 between TDBC, SCC & ASPA for sharing costs of shared services within SW1? This was signed by Shirlene Adams for TDBC

In the FOI-released copy of the MoU it states in Schedule 5d on page 11 re "Additional Joint Costs" (such as SAP Disaster Recovery) will be shared as follows:

47% SCC
20% TDBC
33% ASPA

Can you confirm that this MoU remains in legal force and has not been cancelled, superceded or amended.

If this MoU remains in force then how can TDBC avoid its commitment to provide 20% of "Additional Joint Costs"?

Yours sincerely,

Dave Orr

FOI-advice, Taunton Deane Borough Council

This is to acknowledge receipt of your request under the Freedom of Information Act 2000. We will respond to your request within 20 working days.

FOI ADMINISTRATION DESK
TAUNTON DEANE BOROUGH COUNCIL

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Hill, Emma, Taunton Deane Borough Council

Dear Mr Orr

This is Taunton Deane Borough Council's response to your request under the Freedom of Information Act 2000.

Response: Please find below the response by Audit Team regarding your request for Internal Review relating to your FOI Requests of 21st June and 15th July.

TDBC takes seriously any request to review its response to a Freedom of Information (FOI) request. In view of this I have reviewed all of the correspondence relating to this request; namely:

1. Your original FOI request of 21 June 2012;
2. Our response of 13 July 2012;
3. Your second request of 15 July 2012; and
4. Our response of 9 August 2012.

Having done so I am of the opinion that we have answered the questions you have raised.

The questions you raise in your e-mail of 16 August 2012 are I assume the areas in which you require clarification and more detail. I have provided answers to these questions below, which hopefully will answer your queries.

Q: Did you check the agreement (Memorandum of Understanding - Mou) 20-3-2008 between TDBC, SCC & ASPA for sharing costs of shared services within SW1?

A: Yes. The process for determining the split of 'Additional Joint Costs' outlined in Section 5.1 (d) of the MOU provides that, in the first instance, the apportionment of those costs is to be determined by JCB (Joint Client Board). This provides the public partners with the flexibility to agree an apportionment of costs, which is appropriate to the nature and type of additional costs incurred. This would apply to the example you quote in your e-mail of 15 July 2012. The percentage split is only automatically applied in instances where JCB fails to reach agreement or where JCB deem it to be the most appropriate method for apportioning costs. I can confirm that in all instances where additional joint costs have been incurred the above process has been used to determine their apportionment.

Q; Can you confirm that this MoU remains in legal force and has not been cancelled, superceded or amended.

A: Yes.

Q: If this MoU remains in force then how can TDBC avoid its commitment to provide 20% of "Additional Joint Costs"?

A: TDBC has not avoided its commitment to pay additional joint costs and, as stated above, has agreed the amount payable in accordance with the mechanism set out in the MoU.
If you wish to object to our response, in the first instance you may approach the Council's Complaints Officer via our website at www.tauntondeane.gov.uk/complaints or by writing to The Customer Services Manager, Taunton Deane Borough Council, The Deane House, Belvedere Road, Taunton, Somerset, TA1 1HE.

You also have the option of having the request and response reviewed by an Officer of the Council by applying for a review to [Taunton Deane Borough Council request email] or by writing to The Freedom of Information Officer, Taunton Deane Borough Council, The Deane House, Belvedere Road, Taunton, Somerset, TA1 1HE.

Should you remain dissatisfied after that review you can appeal against the decision by contacting the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

Regards

FREEDOM OF INFORMATION ADMINISTRATION DESK
Taunton Deane Borough Council

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