contracts | A blog about Wirral Council, Wirral Council's councillors & officers

What is in 13 Merseytravel/Liverpool City Region Combined Authority contracts and hundreds of pages of invoices relating to the 15/16 financial year?

Councillor Steve Foulkes (Labour) (right) speaking at a recent meeting of the Birkenhead Constituency Committee (28th July 2016) while Councillor Pat Cleary (Green) (left) listens — Councillor Steve Foulkes (Labour) (right) speaking at a recent meeting of the Birkenhead Constituency Committee (28th July 2016) | Councillor Pat Cleary (Green) (left) listens. Cllr Steve Foulkes is Merseytravel’s Lead Councillor for Finance and Strategy.

Merseytravel and the Liverpool City Region Combined Authority were the last public body to respond to my request to inspect and receive copies during the 30 working day period which was originally supposed to run starting on the 1st July 2016.

Interestingly the public notice for Merseytravel published on their website and the public notice for Liverpool City Region Combined Authority published on Merseytravel’s website, a Julie Watling (Merseytravel) stated in response to a FOI request on the 8th August 2016, that “This notice is not unfortunately on our website at this present time.”.

This was interesting as the 30 working day period isn’t allowed to start until the public notice is published!

However the FOI request went to an internal review and Julie Watling of Merseytravel responded on the 11th August stating that, “However I had been mistakenly informed that the information was not on the website, when in fact it was available at the following links:-”

Merseytravel public notice 15/16 FY

Liverpool City Region Combined Authority public notice 15/16 FY

But then, is it reasonable to expect an organisation to know what’s published on its own website and to answer Freedom of Information Act requests accurately or am I asking too much?

Which is the correct answer?

However the information (or to be more accurate part of the information) I requested arrived in the post yesterday (postage around £6.20 as it was special delivery guaranteed by 1pm) with a covering letter from a trainee solicitor and DVD.

Below is what was on the DVD. I did get a further email yesterday with a contract that had been mistakenly left off the DVD too.

Although the internal review clears up the issue about the public notice on Merseytravel’s website, for the Liverpool City Region Combined Authority it should’ve been published on the Liverpool City Region Combined Authority’s website, not Merseytravel’s.

So part of my objection I sent to the auditors yesterday still stands.

The invoices are split by the thirteen accounting periods that Merseytravel used during the 2015 2016 financial year, although why spoil the surprise when you can read for yourself below?

There are some interesting matters to be gleaned from the invoices and contracts, however I don’t have the time at present to blog about them in detail.

Invoices 2015 to 2016 financial year (Merseytravel and Liverpool City Region Combined Authority).

11.3 MARCH3-810124407-0001 Merseytravel LCRCA invoices 2016

11.2 MARCH2-810124324-0001 Merseytravel LCRCA invoices 2016

11.1 MARCH1-810124215-0001 Merseytravel LCRCA invoices 2016

10 FEBRUARY-809164910-0001 Merseytravel LCRCA invoices 2016

9 JANUARY-809164746-0001 Merseytravel LCRCA invoices 2016

8 DECEMBER-809164624-0001 Merseytravel LCRCA invoices 2015 2016

7 NOVEMBER-809164505-0001 Merseytravel LCRCA invoices 2015

6 OCTOBER-809164348-0001 Merseytravel LCRCA invoices 2015

5 AUGUST-810123950-0001 Merseytravel LCRCA invoices 2015

4 JULY-809164206-0001 Merseytravel LCRCA invoices 2015

3 JUNE-809164104-0001 Merseytravel LCRCA invoices 2015

2 MAY-809164000-0001 Merseytravel LCRCA invoices 2015

1 APRIL-809162613-0001 Merseytravel LCRCA invoices 2015

Contracts

1 contract with BLACC Consulting LLP (50 pages)

2 contract with Arriva Merseyside Ltd (14 pages)

3.1 Subsidised Bus Service Contracts (42 pages)

3.2 Subsidised Bus Service Contracts (148 pages)

4. Rolling Stock Project Engineering Consultancy Service Agreement Halcrow Group Limited (38 pages)

5. contract with Bircham Dyson Bell LLP (15 pages)

6. Deed to confirm the Consolidated Concession Agreement relating to the services for the carriage of passengers by railway to be provided by Merseyrail Electrics 2002 Limited (348 pages) (this was an additional contract not originally on the DVD received by email from Merseytravel on the afternoon of Thursday 11th August 2016)

8. Local Growth Fund (LGF) for Liverpool City Region Sustainable Transport Enhancement Package (Wirral Metropolitan Borough Council) (62 pages)

9. Funding Agreement for Liverpool South Parkway Real Time Information (Merseyrail Electrics 2002 Limited) (26 pages)

10. Merseytravel Consultancy Services Framework Agreement 2015-2019 For Consultancy Services (Various Lots) Kenyon Fraser Ltd (68 pages)

11. Framework Agreement for Consultancy Services for the Design of Travel Marketing Literature Kenyon Fraser Ltd (80 pages)

12. Lease for Mann Island HQ, Liverpool with Commerz Real Investmentgesellschaft mbH (acting on account of its open-ended fund Hausinvest) (74 pages)

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Why did Merseytravel spend £2,775 on a "Parliamentary Reception"?

Why did Merseytravel spend £2,775 on a “Parliamentary Reception”?

Below is an invoice from the House of Commons to Merseytravel for £2,775.

Merseytravel invoice House of Commons £2775 7th May 2014

Sadly the invoice doesn’t state a lot other than Ms Louise Ellman MP was the sponsoring MP. To find out what the room booking was for is better explained in an invoice from Bircham Dyson Bell (see below).

Merseytravel invoice Bircham Dyson Bell £2298.95 30th June 2014 Page 1 of 2

Merseytravel invoice Bircham Dyson Bell £2298.95 30th June 2014 Page 2 of 2

As you can see from the pages of the invoice above Bircham Dyson Bell charged Merseytravel £425.50 + VAT to attend a parliamentary reception on the 25th June 2014 plus £327.99 + VAT in travel expenses.

I’ll leave it to readers to comment on whether they think Merseytravel being charging £55.50 + VAT by Bircham Dyson Bell to write an email is reasonable in these times of public sector cutbacks.

Next is a “strictly private and confidential” matter. In fact so strictly private and confidential the invoice for £1,867.80 from Weightmans below only specifies that it is for “Matter number 44 Re professional services”.

Merseytravel invoice Weightmans £1867.80 27th June 2014 Page 1 of 2

But as anyone me, I like demystifying such matters, so let me let Weightmans explain what this invoice is really about.

Merseytravel invoice Weightmans £1867.80 27th June 2014 Page 2 of 2

In case you can’t read the above I’ll quote the pertinent bit here.

“Strictly private and confidential
Employment advice

Please find enclosed a bill of costs for work carried out by myself and Simon Goacher in relation to issues surrounding the Chief Executive and Director contracts.

I have not put any detail of the work on the bill or identified what it is for reasons of confidentiality. However, there is a breakdown of the work done so far on this matter attached for your attention.

I assume that matters are currently progressing satisfactorily but if you do require any further advice when the drafting is completed then please do not hesitate to contact either myself or Simon Goacher.

Thank you for your kind instructions in this matter, it is always good to work with you.

Kind regards,

Yours sincerely

Bernadette Worthington
Partner
For and on behalf of Weightmans LLP”

Going back to the original theme of political engagement is an invoice below from Kenyon Fraser for £29,160. This is for work on Merseytravel’s campaign to have a high-speed rail connection to Liverpool.

Merseytravel invoice Kenyon Fraser £29160 28th July 2014

Continuing on lobbying but this time at party political conferences is an invoice for £11,429.96 for “PTEG Political engagement at Party Conferences and events each PTE see attached”.

Merseytravel invoice Nexus £11429.96 12th March 2015 Political engagement at party conferences

Finally, here is an invoice for £811.20 from Key Travel for train tickets for travel from Liverpool Lime Street to London Euston. So what’s so unusual about that? Well the passengers are just listed as UNISON and it’s Merseytravel that have paid the invoice (I hope the costs were charged back to UNISON)!

Merseytravel invoice Key Travel £811.20 train fares London to Liverpool

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Bins, Biffa, page 59, Wirral Council, “Confidential Information” and what you’re not supposed to know (yet)

I was reading through the Biffa contract (who get paid ~£12 million a year for collecting bins and other things) and this interesting snippet about Freedom of Information and Data Protection caught my eye on page 59. I haven’t made any FOI requests for the yearly CO₂ emissions of bin lorries but this is how such a request would be dealt with if someone were to do so. This is probably only of interest to those who work in this area such as the media, FOI practitioners and of limited interest to the public, so apologies if I’m getting boring! Contractor in the contract refers to Biffa Waste Services Limited. At 4.61.2.3 I couldn’t help but laugh at the bit about time for compliance for FOI requests considering Wirral Council’s track record and my recent decision notice from ICO on that matter.

The “absolute discretion” bit in 4.61.3 is very interesting as quite often local councils refuse to release information about companies and contracts on commercial sensitivity grounds saying well we’d like to give you this information but company X won’t let us.

Last Thursday (11th September 2014) Wirral Council’s Cabinet agreed to ask Kevin Adderley to enter into negotiations with Biffa over extending this ~£12 million/year contract from 2020 to 2027 without putting it out to tender. However an extra clause was added over value for money. Mr. Adderley was asked to report back to a future Cabinet meeting on the outcome of negotiations.

However the contract does state that if Wirral Council wish to extend the contract from 2020 to 2027 they don’t have to tell Biffa this until on or before 21st August 2019. So why the big rush other than to pander to Biffa’s commercial interests and damage Wirral Council’s?

Well from what was said at the Cabinet meeting Biffa Waste Services Limited have offered Wirral Council “incentives” on the current contract (which runs to 2020) if Wirral Council agree to a seven-year contract extension and don’t put it out to competitive tender when it expires in 2020.

Extending the contract by seven years is effectively making a decision that will tie the hands of future administrations (of whatever party or parties) at Wirral Council. However I’m sure (if officers are doing their job properly) that what I’ve just written is the kind of details that were in the exempt appendices for last Thursday’s Cabinet meeting. The Labour politicians on Wirral Council’s Cabinet decided that the public aren’t really supposed to know about it (which is why the press and public got chucked out of the public meeting before those appendices were decided despite the public interest test arguably being in favour of such stuff being in the public domain).

Another factor to consider is that from November 2014 Wirral Council will be under a legal duty to publish such contracts (we here have a copy of the very long contract as part of the 2013/14 audit but it would probably take me about a day of work just to publish a fraction of it as it is very, very, very long) and from November 2014 invoices. Hence I’m sure Biffa are keen to have it extended by seven years, before people like the Rt Hon Frank Field MP start referring to them again (see the last Birkenhead Constituency Committee meeting for that) and anyone kicks up more of a fuss! Oh dear, have I let an awful lot of cats out of the bag yet again?

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4.61 Freedom of Information and Data Protection

4.61.1 The Contractor acknowledges that the Council is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Council (at the Contractor’s expense) to enable the Council to comply with Information disclosure requirements.

4.61.2 The Contractor shall and shall procure that its sub-contractors shall:

4.61.2.1 Transfer a Request for Information to the Council as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information;

4.61.2.2 Provide the Council with a copy of all Information in its possession or power in the form that the Council requires within five Working Days (or such other period as the Council may specify) of the Council requesting that Information; and

4.61.2.3 Provide all necessary assistance as reasonably requested by the Council to enable the Council to respond to a Request for Information within the time for compliance set out in section 10 of the FOIA or Regulation 5(2) of the Environmental Information Regulations.

4.61.3 The Council shall be responsible for determining at its absolute discretion whether:-

4.61.3.1 The Information is exempt from disclosure under FOIA and the Environmental Information Regulations;

4.61.3.2 The Information is to be disclosed in response to a Request for Information, and

4.61.3.3 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Council.

4.61.4 The Contractor acknowledge that the Council may, acting in accordance with the FOIA, or the Environmental Information Regulations disclose Information:-

4.61.4.1 Without consulting with the Contractor, or

4.61.4.2 Following consultation with the Contractor and having taken its views into account.

4.61.5 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Council may nevertheless be obliged to disclose Confidential Information in accordance with Clause 4.60.2.1.6.3.

4.61.6 The Contractor shall ensure that all information produced in the course of the Contract relating to the Contract is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.

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Biffa Waste Services Limited contract Wirral Council page 59

Biffa Waste Services Limited contract Wirral Council page 25

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Government gives Wirral Council 6 months to publish information on contracts, land, grants, trade unions & parking

The government on the 1st May published the Local Government Transparency Code 2014. The aim of it is to make local councils more transparent. The code’s published using a legal power the government has by s.2 of the Local Government, Planning and Land Act 1980 and applies to county councils, district councils (such as Wirral Council), some parish councils, fire authorities (such as Merseyside Fire and Rescue Authority), joint waste authorities (such as Merseyside Recycling and Waste Authority), combined authorities (such as the Liverpool City Region Combined Authority) and other types of public bodies. However it doesn’t apply to Police and Crime Commissioners.

The transparency code lists at page 9 information that must be published by these bodies starting with expenditure of over £500 (which is already published monthly on Wirral Council’s website). The main difference the transparency code introduces in this area is a need to publish for each transaction VAT that can’t be recovered.

Details of invitations to tender for contracts of a value of £5,000 or more will in future be published by Wirral Council because of the transparency code. Details of any “contract, commissioned activity, purchase order, framework agreement and any other legally enforceable agreement with a value that exceeds £5,000” will also need to be published. This will include descriptions of the goods/services provided, amounts paid or estimated annual spend, supplier details, start/end/review dates and whether the supplier is a small to medium-sized enterprise or voluntary or community organisation. The topic of the public knowing what they’re getting from suppliers to Wirral Council was discussed at a previous Birkenhead Constituency Committee meeting.

In addition to the invoices and contracts information the following information will need to be published annually:

local authority land,
grants to voluntary, community and social enterprise organisations,
organisation chart,
trade union facility time,
parking revenues,
controlled parking spaces,
senior salaries,
constitution and
the pay multiple.

For example on land, Wirral Council will have to publish details of all its freeholds, leaseholds, properties occupied or run under Private Finance Initiative contracts, other properties they own or use, surplus or vacant properties, undeveloped land, lease agreements and information on some other land related categories.

Information on grants (such as the Love Wirral scheme) to voluntary, community or social enterprise organisations will also have to be published such as a description of what the grant is for and the amount. The organisation chart showing the top three levels of management will mean that for each member of staff that this covers that their grade, job title, department and team, contact details, salary in £5,000 brackets and salary ceiling will have to be published.

The information required to be published on trade union facility time will include the trade unions involved, total number of staff who are union representatives, total number of staff that devote at least 50% of their time to union duties and an estimate of the spending on trade union duties as a percentage of the total pay bill.

Parking revenue data will be how much Wirral Council collects from on street parking, off street parking and parking enforcement notices. Wirral Council will need to publish the numbers of on and off street parking spaces.

The requirement on senior salary details goes further than the current requirements and includes bonus and payments in kind details for senior employees earning £50,000 or more and publishing a list of responsibilities for senior staff. The list of responsibilities means the services and functions that they are responsible for, budget held and number of staff.

The requirement to publish Wirral Council’s constitution on their website is already met by Wirral Council. The requirement to publish the pay multiple is the ratio between the highest paid salary and the median salary of the whole workforce.

The transparency code also includes details of recommended items that local councils should publish such as transactions over £250, transactions on corporate credit cards, numbers of free parking spaces, details of their counter fraud work and other matters. Councils and other public bodies have six months to publish the mandatory information required by the new transparency code.

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Wirral Council’s Social Services go from case closed to looking into bogus £8 foot massage charges for disabled adults

In the previous blog post the “Adult Protection Strategy Meeting” had decided “case closed” and that the money was for “service users to have a nice grave when they pass away“.

However within two months of deciding “case closed” and the police telling Wirral Council that they were “satisfied that this is not criminal” the case was reopened and further details emerge as you can see from the minutes of the Adult Protection Strategy Meeting below which are pages 338-340 of the appendices.

Metropolitan
Borough of Wirral

Adult Protection Subsequent Strategy Meeting

Name of victim: Newhaven Care Care Home

Time/date: 14.00pm, 30th September 05

Chair: (name blacked out) Service Manager

Introductions: (name blacked out) FSU, Merseyside Police
(name blacked out) CSCI
(name blacked out) CSCI
(name blacked out) Fraud, Job Centre Plus
(name blacked out) Team Manager, Contracts
(name blacked out) Service Manager
(name blacked out) Adult Protection Co-ordinator
(name blacked out) Minutes, Adult Protection

Apologies: None

Minutes from previous meeting: Agreed.

Actions from previous meeting – progress reports

CSCI to investigate financial affairs. An inspection will occur were and the current set up for managing service users finances will be looked at.

(name blacked out) went out and inspected Newhaven Care Care Home and felt that all seemed well but that (name blacked out) was not happy with the outcome. (name blacked out) later liaised with team manager (name blacked out) and both felt they needed to re-visit Newhaven Care Care Home. (name blacked out)’s finances were looked into further and it was discovered that in the records of the ingoing/outgoing balance was not matching and when asking (name blacked out) to produce the relevant paperwork they were unable too. (name blacked out) stated that they service users money was kept in tins in their rooms. When the tins were checked there was no money. (name blacked out) were both unable to state where the money had gone and both started to contradict themselves. CSCI informed (name blacked out) that they were either keeping the money or it was down to poor accounting. (name blacked out) replied that it was down to poor accounting.

CSCI then requested documents that (name blacked out) would have to produce within a few days after the inspection. These included whom (name blacked out) was a guardianship holder for. When producing these to CSCI it was felt that there documents were false. CSCI also noticed that (name blacked out) were using service users mobility money as a top up fee. (name blacked out) was very reluctant to give any other documents and stated (name blacked out) was unable to get them. CSCI have since not been able to get in contact with (name blacked out).

Update:

(name blacked out) pointed out that it stated in (name blacked out)’s new contract that mobility money would not be allowed as a top up fee.

(name blacked out) is unable to explain why there are so many gaps in the accounts. Concerns were raised as to where the money is going and why it is being paid in to (name blacked out)’s account if (name blacked out) is not an appointee. When CSCI asked (name blacked out) what accounts the service users had, (name blacked out) informed that they only had a Post Office account. (name blacked out) did not inform CSCI about the Halifax accounts (name blacked out) recently opened. CSCI are already aware of these accounts but did not let (name blacked out) know this.

When looking over the records (name blacked out) gave CSCI they noticed when service users go for a foot massage at Ashton House they had been paying £8. Ashton House does not charge Service users for this service provided. CSCI will be able to write to (name blacked out) to confirm this.

It was felt that the Council’s Financial Liaison Officer’s Team would have to be spoken to regarding this matter and to see if they are able to assist. It was felt that an Audit was in need regarding the finances of these service users.

Is investigation complete or are further actions required

Further actions will be needed.

Summary of further action plan

1. Audit to be carried out. (name blacked out) to liaise with (name blacked out).

2. (name blacked out) to speak to Welfare Benefits in relation to the ongoing concerns.

3. (name blacked out) to find out how much the fee for Newhaven Care Care Home is. (name blacked out) contacted her team whilst in the meeting – fees are £325.42 .

4. ABE interviews to be set up for all service users.

5. A letter to be sent to (name blacked out) informing that they are in breach of their contract. Contracts section to do this.

6. Learning Disabilities and Contracts Section to have a separate meeting, (name blacked out) to liaise with them.

7. (name blacked out) to liaise with (name blacked out) regarding the new referral.

8. CSCI to write a letter to (name blacked out) confirming whether service users have to pay the £8 for services provided.

9. A list of service users names will be forwarded to the Contracts Section by CSCI. (name blacked out) to then liaise with (name blacked out) and Job Centre Plus.

Date and time of next meeting

4th November 2005, 10.30am. Meeting will be held at Bebington Town Hall Annexe, Civic Way, Bebington

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What is in 13 Merseytravel/Liverpool City Region Combined Authority contracts and hundreds of pages of invoices relating to the 15/16 financial year?

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Why did Merseytravel spend £2,775 on a “Parliamentary Reception”?

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Bins, Biffa, page 59, Wirral Council, “Confidential Information” and what you’re not supposed to know (yet)

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Government gives Wirral Council 6 months to publish information on contracts, land, grants, trade unions & parking

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Wirral Council’s Social Services go from case closed to looking into bogus £8 foot massage charges for disabled adults

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