So for the sake of transparency and openness the Shepway Vox Team place the contract Folkestone & Hythe District Council have with Veolia for all to see.
Now of course, the Council simply wouldn’t put the whole contract into the public domain and you’ll see they’ve withheld some of the schedules due to the information being “commercially sensitive” and other parts have been redacted, due to them potentially giving away Veolia’s financial model.
So what parts of the near £40 million pound contract that Veolia has with Folkestone & Hythe District Council are deemed to be “commercially sensitive“?
Well we can tell you:
Clause 24 (Insurance) – values only
All method statements and Veolia created operational know how and methodology.
Service Delivery Plans – in their entirety.
Schedule 3 (Payment Mechanism) and Schedule 4 (Performance Mechanism) – all numbers, figures and percentages in the Schedule and the Annex to the Schedule.
Information relating to the costing mechanisms of the Contractor or any subcontractor, including profit margins, overheads, overhead and profit element, preliminaries and payment terms
The Contractor’s bid together with correspondence and clarifications arising during the bid process and other documents concerning negotiations between the Councils and the Contractor prior to the Commencement date.
Now much of what the Cllrs needed to see is hidden away in the Service Delivery Plan and the performance mechanism, so the reccomendations, as useful as some might believe them to be are not informed by the contract and as such takes no account of any clauses within the contract whatsoever.
The Inquiry by the Task & Finish Group into the Veolia Waste Contract has been a waste of time as it has not been informed by the contract. Furthermore, we understand the Council are passing on near daily performance data to to Cllrs which comes from Veolia, and is not be questioned or scrutinized, but readily accepted by the Council so we are reliably informed.
All the Cllrs who sit on the Task & Finish Group have tried to get the meetings held in public but were informed this was not possible. Some of them did ask to see the contract, but it was never forthcoming.
The Inquiry into the Veolia Fiasco was steered from beginning to end by officers, who directed Cllrs in the direction they wanted them to go. And of course, the amount of scrutiny placed on the Council’s failings in this fiasco, where of course miniscule – quelle surprise.
It is clear that the Officers concerned do not want our elected Councillors to carry out a full and fair investigation of what happened and why.
I suggest that the Councillors who conducted the enquiry obtain legal advice first, as to why they were not allowed to hold meetings in public secondly, why they were not provided with the full contract and finally, whether or not they can override the decisions of the Officers involved.
Commercial sensitivity should not be used as a whitewash for blatant non-performance of the contract.
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Schedule 4 Item 1.1
“The contractor will be responsible for the monitoring and accurate recording at all times of its own performance…“.
Nice.
It is clear that the Officers concerned do not want our elected Councillors to carry out a full and fair investigation of what happened and why.
I suggest that the Councillors who conducted the enquiry obtain legal advice first, as to why they were not allowed to hold meetings in public secondly, why they were not provided with the full contract and finally, whether or not they can override the decisions of the Officers involved.
Commercial sensitivity should not be used as a whitewash for blatant non-performance of the contract.