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Our Ref: SS/FOI 3122Date: 31 July 2009Ms Heather BrookeSent via emailEmail address: xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxxDear Ms Brooke
Freedom of Information Act 2000 – Request for Information
I am writing in respect of your recent enquiry for information held by the Authorityunder the provisions of the Freedom of Information Act 2000. Please find herewiththe following:
 Your request
I am writing to request information about the process of building and delivering thenew website www.birmingham.gov.uk. Specifically I would like to know:1. The date on which this work began.2. The initial delivery date and the new estimated date the work will be completed.3. The initial cost estimate of the work and the current cost.4. Who is doing this work? (e.g. which unit, division, section, agency, company, etc.)?5. If any contracts are related to this job, copies of these (including all indexes,appendices and supplements) and the bids to tender. 6. All progress/status reportson this work.My preferred format to receive this information is by electronic means. If one part of this request can be answered sooner than others, please send that information firstfollowed by any subsequent data. If you need any clarification of this request pleasefeel free to email me. If FOI requests of a similar nature have already been askedcould you please include your responses to those requests.Many public authorities release their contracts with private vendors in line with theFreedom of Information Act. The exemption for commercial interest under the Act(section 43) is a qualified exemption, which means information can only be withheld if it is in the public’s interest. The public have an interest in knowing the terms of contracts awarded by public authorities, whether or not public money changes handsimmediately.If you are relying on section 41 (the exemption for legal breach of confidence) then Iwould like to know the following:• When these confidentiality agreements were agreed• All correspondence and email in which these confidentiality agreements werediscussed.• The precise wording of the confidentiality agreements
Directorate of Corporate GovernanceTelephone: 0121-303 4876Corporate Information Governance Team Facsimile: 0121-675 14271
st
Floor, 1 Lancaster CircusBirmingham B4 7DQ
 
I ask these questions because guidance issued by both the Lord Chancellor (draftguidance on FOI implementation) and the Office of Government Commerce (Modelterms and conditions for goods and services) specifically state that public authoritiesshould not enter into these types of agreements; they go directly against the spirit of the laws of disclosure. I would also point to the Information Commissioner’s guidanceon accepting blanket commercial confidentiality agreements: ‘Unless confidentialityclauses are necessary or reasonable, there is a real risk that, in the event of acomplaint, the Commissioner would order disclosure in any case.’Finally, within the law of confidence there is also a public interest test. Therefore, thecontracts should be disclosed in full. If any parts are redacted they must be for information that can be proven to be a legal breach of confidence in court, and onlythen where secrecy can be shown to be in the public interest. These are difficultpositions to argue when public money is at stake or where a public authority isoffering a private company a monopoly to charge its stakeholders.
Response
1. The date on which the work began.The first web project began in August 2005 when approval was sought from Cabinetfor the procurement and implementation of a web service solution (see copy of report- attachment 1). Since the original report the scope of the website has changed inline with technology improvements and the changing needs of the council and itscitizens. In its current scope the project began in March 2008 (see summary of timeline - attachment 2).2. The initial delivery date and the new estimated date the work will be completed.The estimate in the Cabinet report for the original project was that it would initiallytake 7 months i.e. until March 2006. In its current modified scope the project wasscheduled for completion in October 2008 and then revised to complete by March2009. It is now expected to complete in August 2009. Further detail is included intimeline – attachment 2.3. The initial cost estimate of the work and the current cost.The original Cabinet approval in the summer of 2005 was for £580k and further approval was obtained in the summer of 2006, following additional detailed work of £1,622k. This gave an
 
"approved budget" of £2.202m including £281k for the cost of parallel running (i.e. revenue).
S 
ubsequently, we have agreed further spend of £601k for developments not includedin the agreed specification (£362k on a shared basis with Service Birmingham);external testing (£54k); training & technical authoring (£66k); system testing (£47k);and additional resource (£73k) funded from available ICT and BT budgets. Thisgives the latest estimated of currently approved spend of £2.803m.
Directorate of Corporate GovernanceTelephone: 0121-303 4876Corporate Information Governance Team Facsimile: 0121-675 14271
st
Floor, 1 Lancaster CircusBirmingham B4 7DQ
 
4. Who is doing this work (e.g. which unit, division, agency, company etc.)The project is a joint one between the city and the city’s technology partner, ServiceBirmingham (the council’s joint venture with Capita). The technical systemdevelopment work for the project in its current scope is primarily being undertaken byService Birmingham and the company’s 3
rd
party contractors, to a specificationowned by and with the direct support of the Birmingham City Council web team.The checking of content as a result of content migration and new content is beingundertaken by staff (web content editors) in each directorate of the council, roles theywould undertake as part of their standard jobs.5. If any contracts are related to this job, copies of these (including all indexes,appendices and supplements).Under the terms of the joint venture arrangements, Service Birmingham hasresponsibility for web services development as outlined in the Service DeliveryAgreement dated 28
th
March 2006. All contracts are between Service Birminghamand the relevant contractor(s); therefore they do not fall under the scope of the FOIAct.6. All status/progress reports on this work.As the project originally commenced in 2005 in respect of this element of your question, there are a large number of documents where this information is held. Thisincludes paper records as well as electronic documents and will not solely referencethe web project. Due to the wide range and distribution of this information, weestimate that it will cost more than the appropriate limit to consider your request.The appropriate limit specified in the regulations is £450.00. This represents theestimated cost of one person spending 18 hours in determining whether thedepartment holds the information, and locating, retrieving and extracting theinformation. Consequently, the Council is not obliged by the Freedom of InformationAct 2000 to respond to your request see section 12(1).However, you may wish to narrow the scope of your request, so the Council may beable to provide the information free of charge because it would cost less than theappropriate limit to do so. Any reformulated request the department receives fromyou will be treated as a fresh FOI request.If you are not satisfied with the response you may ask for an internal review. If subsequently you are not satisfied with the Council’s decision you may apply to theInformation Commissioner for a decision. Generally, the ICO cannot make a decisionunless you have exhausted the complaints procedure provided by the Council. TheInformation Commissioner can be contacted at the following address:The Information Commissioner Wycliffe HouseWater LaneWilmslow
Directorate of Corporate GovernanceTelephone: 0121-303 4876Corporate Information Governance Team Facsimile: 0121-675 14271
st
Floor, 1 Lancaster CircusBirmingham B4 7DQ
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