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Friday, February 06, 2015

Peterborough Strategic Partnerships: THE TRUTH : The legal relationship is one of contracting parties to a commercial agreement.

BREAKING NEWS: 6TH FEBRUARY 2015 12:50hrs  The Green Bin Collection crew serving Park Farm (Kedleston Road PE2 ) missed several bins (pull outs) and roared off up the hill with a green bin from one house still sticking out of the compression gear of the speeding dustcart. Local residents yelled out but to no avail. At least they are consistent, they missed out black bins last week! 

Trying to report to incident on 747474 only to be told I was 5th in the queue. The previous crew failed to collect the 'pull out' bins...So much for "the on-going, constructive and creative dialogue about how the services can be improved as well as delivered more efficiently..."  

UPDATE: Crew returned at around 15:30hrs BINS all pulled out and now empty!  Thanks to all concerned..

Are you confused? Is Peterborough City Council in partnership with China or is this just confusing Dear Leader speak for a normal customer/ supplier relationship? We have the answer. Supplied not by China but by Amey:

"We have a contract with Enterprise Peterborough Limited for the delivery of certain services by Enterprise Peterborough Limited to the Council.  The contract is managed by Amey following Amey's purchase of the Enterprise Group.
"The contract is often referred to as a Strategic Partnership because the arrangements contained in the contract are characterised by the on-going, constructive and creative dialogue about how the services can be improved as well as delivered more efficiently.  Therefore in recognition of this approach, the contract document refers to Enterprise Managed Services as 'Partner' throughout, although the legal relationship is one of contracting parties to a commercial agreement." 
The explanation is welcome but in parts its prime corporate hogwash and a legally misleading contract term as any first year law student will tell you. Amey isn't delivering an improved service, it is a cut back buttoned down service, the refuse collection and street cleaning is at best third world country standard. The staff churn rate is exceptionally high, it is an unhappy workforce given very tight time margins, refuse teams have little continuity and don't know the rounds and fail to pick up on 'pull out' agreements for disabled people.  Henry bin food waste is sometimes tipped into black bins (we've seen it happen). 
The prize numpty plugged into his iPOD, employed to spray weedkiller at fast walking speed, under hedges also managed to spray household pets sitting underneath said hedgerows, our complaint was ignored when we asked what 'poison' was being sprayed [matrix]and why was the employee not following the printed safety guidelines? Has he ever been tested on its contents?   

Thanks to Vince Parker who in between relentlessly documenting flytipping and the general decline of MP Stewart Jacksons constituency, he has single handedly taken on the battery of lawyers Gillian Beasley (our council chief exec.) has added to her ever growing Corp. Dept. Its a long read but stick with it. The council under the Dear Leader is so wrapped up with meaningless jargon laid on jargon, some officers actually now believe the hype and the buzzwords.    The Cereste cabinet is now also in a 'partnership' with China, where human rights have a taken a back seat, and anyone with more than a single child is now hounded and locked up by the authorities.....  the PCC legal squad, in between scouring the newspapers for new jobs,  might also like to consider that if they relentlessly publicly promote and hold out to be in a strategic partnership with a supplier, the council and the supplier could well be relinquishing the legal protection of limited or contract liability, and possibly put any insurance indemnity at risk as verbal assertions however misleading (or verbal contracts) legally hold just as much weight.... just sayin' !
From: Vincibabe
Date: 02/04/15 20:07:55
Subject: Use of incorrect and mis-leading terminology -- stage two complaint
The local government ombudsman will not consider any complaint until full local council complaint procedures have been (unsuccessfully) completed.
By the same measure, I must assume that your external auditors will also look for similar compliance.

Please accept this email as a 'stage two' complaint of the Peterborough City Council complaints procedures, as referred to in the correspondence which is reproduced below.
My complaint is that :-
It is incorrect and mis-leading to refer to the contractor Amey as a 'partner' in any correspondence etc.
Similarly, I maintain that it is incorrect for any Council employee to sign correspondence as 'Amey Partnership Manager', or similar, when no partnership agreement exists between the Council and Amey.
I notice that the Peterborough Telegraph reports :
Leader of the council, Cllr Marco Cereste, said: ‘Peterborough is committed to becoming the environment capital of the UK. Our partnership with AVIC will give us access to expertise, infrastructure and funding that will help us achieve this goal.
As there is, as far as I am aware, no partnership agreement between Peterborough City Council and AVIC, this is public use of the same incorrect and potentially mis-leading terminology, which attempts to present a contract with the Council as being the same as a partnership.
Please confirm to me that all such instances of this incorrect terminology will cease.
I look forward to hearing from you,
Vince Parker
From: Vincibabe
Date: 22/12/2014 15:08:51
Subject: Re: Stage 1 complaint - Enterprise Managed Services Contract
Many thanks, James, for your reply in respect of the use of the word 'partner' (or 'partners') to describe the relationship between Messrs. Amey and Peterborough City Council.
As it has  been confirmed that messrs Amey are not in partnership with Peterborough City Council, I can see no positive reasons for any further reference to them as ''partners'.
The use of the term would normally indicate that a 'partner' shares gains and losses, according to the arrangements set out in the partnership agreement.
(This, of course, in the context of organisations, not people who sleep together but are not married, who, in modern-day parlance, are often referred to as 'partners'.)
When one considers the relationship of Messrs Amey, a 'for-profit' limited company, then there is an obvious requirement to monitor their operations.
The contractual relationship can never represent anything other than a net out-flow of public funds, as far as Peterborough City Council is concerned (all as per the terms of the contract, one trusts).
Rather than continue to slog through this heavy bureaucratic time-waste of multi-stage complaint making, I am copying this email to various city councillors.
It is my hope that at least one of them will agree with my standpoint, viz :-
It is incorrect and mis-leading to refer to a contractor as a 'partner'
That this practise should not be allowed to continue.
I feel that this issue should be taken up with the 'appropriate department', not so much on my behalf, but more on behalf of all who live in this once fair city (and support 'their' Council by the payment of taxes !)  
In the event that no councillor or employee of Peterborough City Council gets back to me on this subject, then I will see what can be achieved in the new year, by way of auditors, ombudsmen, the media and any other parties that might be inclined to show an interest.
Meanwhile, do please forward this email on to anyone else who you feel may be able to further 'consider' the situation.
( Possibly one of the seventeen solicitors at Peterborough City Council might be able to offer 'words of wisdom' --- )                                                                          )
Seasons greetings !
-------Original Message-------
Date: 22/12/2014 09:47:24
Subject: Stage 1 complaint - Enterprise Managed Services Contract
Dear Vince,
I hope you are well.
I would like to respond to your complaint with regards to the wording used in a FOI-14-1070 regarding the use of the word ‘Partnership’.
We have a contract with Enterprise Peterborough Limited for the delivery of certain services by Enterprise Peterborough Limited to the Council.  The contract is managed by Amey following Amey's purchase of the Enterprise Group.
The contract is often referred to as a Strategic Partnership because the arrangements contained in the contract are characterised by the on-going, constructive and creative dialogue about how the services can be improved as well as delivered more efficiently.  Therefore in recognition of this approach, the contract document refers to Enterprise Managed Services as 'Partner' throughout, although the legal relationship is one of contracting parties to a commercial agreement. 
I hope this helps to answer your query.
If you choose to escalate your complaint to stage two, please write to:
Central Complaints Office
Strategic Resources Department
Peterborough City Council
Bayard Place
Many Thanks
James Collingridge
Amey Partnership Manager
Strategic Client Services
Peterborough City Council
Tel: 01733 864736
Mob: 07944645541

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