{meta} 21 April 2021 - 5 May 2021

Decisions

In accordance with the constitution, the council publishes decisions taken by the City Mayor, Deputy City Mayors and Lead Members. Use the search options at the bottom of the page to find information regarding decisions taken at executive meetings after 24 January 2017.

Details of previous decisions are available as follows:

Officer decisions are not subject to call-in, however during the period of five working days from the publication of a decision taken by the City Mayor, Deputy City Mayors or a Lead Member, a request to 'call-in' a decision may be made by either:

Requests for call-in are only used in exceptional circumstances and if a decision is not called-in, it becomes effective at 4pm on the fifth working day following publication.

Decisions published

30/04/2021 - Re-appointment of a Local Authority Governor ref: 873    Recommendations Approved

Decision Maker: Lead Member for Children's and Young People's Services Briefing

Made at meeting: 30/04/2021 - Lead Member for Children's and Young People's Services Briefing

Decision published: 30/04/2021

Effective from: 12/05/2021

Decision:

Salford City Council - Record of Decision

 

I Councillor John Merry, Lead Member for Children’s and Young People’s Services, in exercise of the powers contained within the Elected City Mayor’s Register of Executive Functions delegated to Lead Members and under the School Governance (Constitution) (England) Regulations 2012, do hereby:

1.    Nominate for appointment as LA Governors to the governing boards the following individuals:

 

2.    Nominate for re-appointment as LA Governors to the governing boards the following individuals:

·         Mr Dougie Watt – Broadoak Primary School

 

3.    LA Governor Vacancies requiring nominees from the LA.

There are currently LA governor vacancies on the following governing boards:

  • Summerville Primary School
  • St Sebastian’s RC Primary School
  • St Luke’s CE Primary School
  • Moorside Community Primary School
  • Christ The King RC Primary School

 

The Reasons are;- Under The School Governance (Constitution)(England) Regulations 2012, although Local Authority (LA) Governors are appointed by the governing board, the LA are still required to nominate prospective candidates and have to ensure the procedures they have adopted for selecting their nominees meet the requirements of the statutory guidance ‘The constitution of governing bodies of maintained schools – statutory guidance for governing bodies of maintained schools and local authorities in England.

 

Options considered and rejected were N/A

Assessment of Risk N/A

The source of funding is N/A

Legal Advice obtained N/A

Financial Advice obtained N/A

Procurement advice obtained N/A

HR Advice obtained N/A

 

The following documents have been used to assist the decision process.

·         The School Governance (Constitution) (England) Regulations 2012

·         ‘The constitution of governing bodies of maintained schools – statutory guidance for governing bodies of maintained schools and local authorities in England.

·         Nominee’s application forms (where appropriate).

Any comments and submissions by the chairs of the governing boards under consideration.

Contact Officer:  Dee Moyo  (Governor Services Officer )        Tel No 0161 778 0265

 

This decision is not subject to consideration by another Lead Member/ Director

X

The appropriate scrutiny panel to call-in the decision is the Children’s Scrutiny Panel.

 

 

Signed:        Councillor John Merry          Dated:    30.04.21                                                   .

            Lead Member for Children’s and Young People’s Services

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

* This decision was published on  03.05.21

* This decision will come in force at 4.00 p.m. on 11.05.21 unless it is called-in in accordance with the Decision Making Process Rules.

 


26/04/2021 - The Crescent - Strategic Master Programme and Delivery Plan ref: 872    Recommendations Approved

Decision Maker: Property / Regeneration Briefing

Made at meeting: 26/04/2021 - Property / Regeneration Briefing

Decision published: 26/04/2021

Effective from: 05/05/2021

Decision:

Salford City Council - Record of Decision

 

I Paul Dennett, City Mayor, in exercise of the powers contained within the City Council Constitution do hereby notes the contents of this report and approves the Crescent Strategic Master Programme and Delivery.

The Reasons are:

In March 2020 the City Council and University appointed the English Cities Fund (ECF) as Private Sector Partner to deliver the Crescent Masterplan. The Partners had subsequently signed an Overarching Umbrella Agreement (OUA) to manage implementation of the Crescent Masterplan, which was currently conditional upon ECF preparing a new planning framework for the Crescent area and the approval by the Partners of the Strategic Master Programme and Delivery  Plan (SMPDP) to demonstrate how the programme would be brought forward over the next 10 years and beyond.

 

The Crescent Development Framework was endorsed in January 2021 and ECF had submitted the SMPDP to the Council and University for approval on 1st March 2021 and in turn would result in the OUA becoming unconditional and taking full effect, providing  ECF with the contractual certainty needed to begin the process of preparing Site Business Plans for the various sites across the Crescent area, the first of which is to be submitted within 6 months from this approval being given.

 

Assessment of Risk: Low

 

The source of funding: Not applicable at this stage

 

Legal Advice obtained:  YesNot applicable at this stage

 

Financial Advice obtained:  Natalie Birchall. Tel 793 2316

 

Procurement Advice obtained: Deborah Derbyshire. Tel 686 6244

 

HR Advice obtained: Not applicable

 

Climate Change Advice obtained:  Dan Welsh

 

 


 

 

The following documents have been used to assist the decision process:

 

-       Report of the Head of Development to Property and Regeneration Briefing on 13th February 2017.

-       Report of the Strategic Director, Environment and Community Safety to Property and Regeneration Briefing on 10th April 2017.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing on 22nd May 2017.

-       Presentation to the City Mayor by 5plus architects on 4th December 2017.

-       Report of the Strategic Director, Place, to City Issues Briefing on 5th February 2018.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing on 12th February 2018.

-       Report of the City Mayor to Cabinet on 27th February 2018.

-       Development Team Presentation to Growth and Prosperity Scrutiny Panel 21st May 2018.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing - Crescent and University Masterplan 26th November 2018.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing on 11th March 2019.

-       Report of the Strategic Director, Place, to Procurement Board on 13th March 2019.

-       Development Team Presentation to Growth and Prosperity Scrutiny Panel 25th March 2019.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing (Salford Crescent and University District Masterplan: Appointment of Private Sector Partner), 24th February 2020.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing (Consultation on Draft Crescent Development Framework), 12th October 2020.

-       Presentation to Growth and Prosperity Scrutiny Panel, 23rd November 2020.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing (Consultation on Draft Crescent Development Framework), 12th October 2020.

-       Report of the Strategic Director, Place, to Property and Regeneration Briefing (Approval of the Crescent Development Framework 2021), 25th January 2021.

-       Report to Property/Regeneration Briefing, 26th April 2021

 

 

Contact Officer:  Dan Welsh, Principal programme Manager                       

 

This decision is not subject to consideration by another Lead Member.

The appropriate scrutiny to call-in the decision is the Growth and Prosperity Scrutiny Panel.                 

 

 

Signed: Paul Dennett

City Mayor

Dated:  26 April 2021                                                    

 

 

This decision was published on Monday 26 April 2021                                            

This decision will come in force at 4.00 p.m. on Tuesday 4 May 202 unless it is called-in in accordance with the Decision Making Process Rules.

 


21/04/2021 - Request for Approval - Salford Bolton Network Improvements (SBNI) - Delivery Package 4 (DP4) Increase in Purchase Order Value ref: 871    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 21/04/2021 - Procurement Board

Decision published: 22/04/2021

Effective from: 30/04/2021

Decision:

Salford City Council - Record of Decision

 

I Paul Dennett, City Mayor, in exercise of the powers contained within the Council Constitution do hereby;

 

1.     Approve the increase in Purchase Order value to Eurovia from its current value of £3,149,816 to £4,415,385 to cover additional costs incurred during works.

 

2.     Note the intention for SCC to work with TfGM and GMCA to secure Growth Deal funding to cover this increase in costs in line with the terms of the SBNI Delivery Agreement.

 

Detail required

Answers

Title/Description of Contracted Service/Supply/Project

Salford Bolton Network Improvements (SBNI) – Package 4 (DP4)

Name of Successful Contractor

Eurovia Infrastructure Limited

Supplier Registration Number

(to be supplied by Corporate Procurement)

Type of organisation

(to be supplied by Corporate Procurement)

Private Limited Company

Status of Organisation

(to be supplied by Corporate Procurement)

Non-SME

Contract Value

£1,265,569

Full Project

Contract Duration

 months

Contract Start Date

Click here to enter a date.

Contract End Date

Click here to enter a date.

Optional Extension Period 1

months

Optional Extension Period 2

months

Who will approve each Extension Period?

Choose an item.

Contact Officer (Name & number)

Opu Anwar x4880

Lead Service Group

Place

How the contract was procured?

(to be supplied by procurement)

Mini Competition

Framework Details (where applicable)

(procurement body, framework reference & title, start/ end date

Manchester Highways Framework

Funding Source

Combination of Above (please detail below)

 

Historic Capital Grants and Existing Growth Deal Balance.

Ethical Contractor

Mayor’s Employment Charter

Committed to sign up to charter

 

 

 

 

Accredited Living Wage Employer

 


 

The Reasons are raise value of purchase order to cover costs due to the contractor

 

Options considered and rejected were; N/A.

 

Assessment of Risk;

High – As stated in the Delivery Agreement, there is no obligation for funds to be made available from Growth Deal funding to cover the £1,265,569 that Salford Council is committed to paying Eurovia for the SBNI DP4 works.

 

The source of funding is Historic Capital Grants and Existing Growth Deal Balance.

Legal Advice obtained; Tony Hatton, Principal Solicitor

Financial Advice obtained: Natalie Birchall, Finance Officer

Procurement Advice obtained; Heather Stanton

HR Advice obtained; N/A

Climate Change Implications obtained: N/A

 

The following documents have been used to assist the decision process;

Report to the City Mayor’s Regeneration Briefing – 13July 2015

Urban Vision – Regeneration Panel Presentation – July 2016

Report to Lead Member for Planning & Sustainable Development – 9th May 2017

Report to the Procurement Board – 10th July 2019

 

Contact Officer: Opu Anwar

Telephone number: x4880

 

This matter is not subject to consideration by another Lead Member.

 

The appropriate Scrutiny Committee to call-in the decision is the Growth and Prosperity Panel.

 

Signed:     PAUL DENNETT         Dated:  22nd April 2021.

                    City Mayor

 

*         This decision was published on 22nd April 2021  

*         This decision will come in force at 4.00 p.m. on 29th April unless it is called-in in accordance with the Decision Making Process Rules.

 


21/04/2021 - Request for Approval - Recommendation to Islington Mill Arts Club on Award of Contract - Apppointment of Building Contractor ref: 870    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 21/04/2021 - Procurement Board

Decision published: 22/04/2021

Effective from: 30/04/2021

Decision:

Salford City Council - Record of Decision

 

I Paul Dennett, City Mayor, in exercise of the powers contained within the Council Constitution do hereby approve the award of the contract by Islington Mill Arts Club for the appointment of a building contractor for the refurbishment works at Islington Mill & New Islington Mill.

 

Detail required

Answers

Title/Description of Contracted Service/Supply/Project

Islington Mill & New Islington Mill refurbishment- Appointment of a building contractor

Name of Successful Contractor

KrolCorlett Construction

Supplier Registration Number

(to be supplied by Corporate Procurement)

05974400

Type of organisation

(to be supplied by Corporate Procurement)

Private Limited Company

Status of Organisation

(to be supplied by Corporate Procurement)

SME

Contract Value

£4,125,521.36

Full Project

Contract Duration

46 weeks + 12 months defects period

Contract Start Date

05/07/2021

Contract End Date

02/06/2023

Optional Extension Period 1

n/a

Optional Extension Period 2

n/a

Who will approve each Extension Period?

Procurement Board (extension > £150k)

Contact Officer (Name & number)

Perry Twigg 07966 316309

Lead Service Group

Place

How the contract was procured?

(to be supplied by procurement)

Open Tender

Framework Details (where applicable)

(procurement body, framework reference & title, start/ end date

N/A

Funding Source

Grant

Ethical Contractor

Mayor’s Employment Charter

Committed to sign up to the Charter

 

Accredited Living Wage Employer

?

 

 


 

The Reasons are

 

To enable the refurbishment of Islington Mill and New Islington Mill to be undertaken and support IMAC, in their ambitions in the short term to refurbish and expand managed workspace and business support provision for a creative industries hub centred on Islington Mill.

 

Options considered and rejected were

Not to support the project, however this was discounted and authority to support/progress the project was given by the City Mayor at the Property and Regeneration Briefing on the 23rd March 2020.

 

Assessment of Risk

Medium:

 

The key risk was that tender returns were greater than the estimated value/available funding.  Taking the value of this tender (4.13 million) and adding to this the previously tendered advanced roof works (£0.36 million) and advanced asbestos removal (£0.02 million) the total value of the package 2 works is £4.51 million.  This is less than the estimated value of £4.62 million for this package of works.

 

Although the above risk has currently been eliminated, both Islington Mill and New Islington Mill are historic buildings which are notoriously complex to refurbish.  Whilst best endeavours have been made by the consultancy team through surveys and design work to ensure that risk is minimised, unforeseen problems frequently arise when works are undertaken on site, leading to increased cost.  Wherever feasible, ‘Value Engineering’ will be utilised to manage this risk.

 

Delays in accepting this tender and not commencing the works in July 2021 could also potentially lead to the loss of Arts Council England funding, which is time limited.  The consultancy team responsible for the design and procurement of the building works are liaising closely with Arts Council England in connection with programme to mitigate this risk.

 

LEGAL IMPLICATIONS: Supplied by: Tony Hatton and Lauren Armstrong, Shared Legal Service

 

When commissioning contracts for the procurement of goods, services or the execution of works, the Council must comply with the provisions of the Public Contracts Regulations 2015 (PCR) as well as its own Contractual Standing Orders (CSO’s), Financial Regulations and the duties of Best and Social Value. In addition, the PCR require that contracting authorities treat candidates equally and in a non-discriminatory way and act in a transparent manner, failing which the award of a contract may be subject to legal challenge.

 

The procurement procedure undertaken for the appointment of the contractor follows an open tender process on the Chest portal in compliance with the PCR, CSO’s and ERDF funding requirements which is outlined within the body of the report. The tenders submitted for this project have been evaluated on the most economically advantageous tender basis in line with published criteria.

 

Having undertaken the tender exercise in the recommendation will give some comfort to the Council in ensuring that value for money is being obtained and periodically tested, with open competition maintained. In following the procedures, any potential challenge to the award of a contract to a provider from an aggrieved provider will be significantly reduced.


FINANCIAL IMPLICATIONS: Submitted by:  Supplied by: Alex Archer 778 0498

The council has entered into an ERDF grant funding agreement and is due to enter into a back to back development agreement with IMAC.

 

IMAC will be the organisation which enters into the building works contract and accordingly the Council will not be the contracting authority but will support IMAC to ensure that IMAC complies with relevant legislation and the Council’s own procedures, which are obligations under the grant funding agreement with and required by ERDF.

 

SCC will re-imburse IMAC for works undertaken on it’s behalf at New Islington Mill through the development agreement and re-claim through the grant funding agreement with ERDF.

 

As identified in the risk section, due to the age of the buildings there is the risk of unforeseen issues arising. In these circumstances value engineering will be utilised to manage the risk. Any increase in cost would need to be financed from unsupported borrowing within the existing Place capital programme.

 

Expenditure Code: A10131

 


PROCUREMENT IMPLICATIONS: Supplied by:  Deborah Derbyshire

The procurement process is outlined in the report above, therefore this is in line with Public Contracts Regulations 2015 and the council’s contractual standing orders.


HR IMPLICATIONS:  Supplied by: Not applicable


CLIMATE CHANGE IMPLICATIONS:  Supplied by:

Consulted: Mike Hemingway, Principal Officer Climate Change ext 3209 

 

A requirement of ERDF is that the project meets BREEAM ‘very good’. The Councils aspiration is to aim for ‘excellent’ on this project.  However, it should be noted that this can often prove difficult on historic buildings.


 

OTHER DIRECTORATES CONSULTED:

N/A

 

The following documents have been used to assist the decision process.

 

Report of Strategic Director for Place 21st April 2021– Approval to recommend for Islington Mill Arts Club to award the contract for the appointment of a building contractor for the refurbishment works at Islington Mill & New Islington Mill.

Contact Officer: Perry Twigg

Telephone number: 07966 316309

 

This matter is not subject to consideration by another Lead Member.

 

The appropriate Scrutiny Committee to call-in the decision is the Growth and Prosperity Panel.

 

Signed:     PAUL DENNETT         Dated:  22nd April 2021.

                    City Mayor

 

*         This decision was published on 22nd April 2021  

*         This decision will come in force at 4.00 p.m. on 29th April unless it is called-in in accordance with the Decision Making Process Rules.

 


21/04/2021 - Request for Approval - Exception to Contractual Standing Orders - Contract Award - Council Funded Targeted CAMHS (Child and Adolescent Mental Health Services) and to complete work to integrate CAMHS contracts and children's mental health budgets with ref: 868    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 21/04/2021 - Procurement Board

Decision published: 22/04/2021

Effective from: 30/04/2021

Decision:

Salford City Council - Record of Decision

 

I Councillor Hinds, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve:

 

(1)  An exception to Contractual Standing Orders in accordance with Paragraph 3.1 as follows:-

 

·       *Where the council can demonstrate that an integrated or strategic approach to procurement is being implemented and there is a requirement to align services or contracts to co-terminus end dates.

 

·       *There are value for money reasons justifying an exception.

 

(2)  The following award:

 

The contract for Council funded Targeted CAMHS (Child and Adolescent Mental Health Services) for a further 12 months from 1st April 2021 to 31st March 2022, and to complete work to integrate CAMHS contracts and children’s mental health budgets  with Salford CCG, as detailed in the table below:

 

Detail required

Answers

Title/Description of Contracted Service/Supply/Project

Targeted CAMHS Services

Name of Successful Contractor

MFT

Supplier Registration Number

(to be supplied by Corporate Procurement)

NHS Trust

Type of organisation

(to be supplied by Corporate Procurement)

Other

Status of Organisation

(to be supplied by Corporate Procurement)

Non-SME

Contract Value

£308, 871

Per Annum (estimated average)

Contract Duration

12 Months

Contract Start Date

01/04/2021

Contract End Date

31/03/2022

Optional Extension Period 1

Optional Extension Period 2

Who will approve each Extension Period?

Procurement Board (extension > £150k)

Contact Officer (Name & number)

Lead Service Group

People Services

Reason for CSO Exception

(select all that apply)

The goods / services / works are only obtainable from one provider and there is no other provider available to allow genuine competition

X

The execution of works or the supply of goods or services is controlled by a statutory body

Delivers Best Value to the Council

X

Special education, health or social care contracts, if it is considered in the Council’s best interests and to meet the Council’s obligations under relevant legislation

X

The execution of works or the supply of goods and services is required so urgently as not to permit compliance with the requirements of competition

X

Security works where the publication of documents or details in the tendering process could prejudice the security of SCC and Salford residents

Procurements made through, or on behalf of, any consortium, local authority, statutory or similar body, provided that tenders or quotations are invited and contracts placed in accordance with national or EU legislation.

Funding Source

Revenue Budget

 

Contribution towards Emerge

£75,000

Youth Offending Service

£43,871

Contribution towards CAMHS LAC (STARLAC, Fostering and I-Start)

£190,000

TOTAL

£308,871

 

Ethical Contractor

Mayor’s Employment Charter

Committed to sign up to the Charter

 

Accredited Living Wage Employer

 

The reasons are

An exception to Contractual Standing Orders is required to approve the award of a contract forCouncil funded Targeted CAMHS (Child and Adolescent Mental Health Services) for a further 12 months from 1st April 2021 to 31st March 2022, to complete work to integrate CAMHS contracts and children’s mental health budgets  with Salford CCG.

 

The plan to integrate all CCG and Council CAMHS contracts into a new / block payment arrangement and proposals made to MFT in late 2019 / early 2020 remains on the table, subject to review and update of contract values and transformation priorities.

 

Progress on this work has been hindered for a number of key reasons and due to this it is not possible to resume discussions with MFT at the current time. These include:

 

i)       COVID impacts on NHS funding and payment arrangements – all NHS funded services have shifter to block payments under current command and control arrangements, and there is no scope to change there at the current time.

 

ii)     GM Integrated Commissioning System (ICS) developments – implications need to be fully understood and inform our integrated commissioning plans, and related contract and budgets for CAMHS and children’s’ mental health. A key known implication of this development is that specialist NHS services such as CAMHS will not be required to go out to competition.

 

iii)    CAMHS service developments/new services -  various additional services and roles have been developed and commissioned from MFT as an extension to the local CAMHS offer over the past two years, which will need to be incorporated into the proposed contract integration and variation process.

 

Procurement Board is therefore requested to approve a further exception to contractual standing orders as outlined above in order to complete the contract integration work already started, to update the contract integration proposals and restart negotiations with MFT, with the aim of achieving this by end of March 2022

 

Options considered and rejected were

De-commissioning targeted CAMHS services – service continuity is critical to ensure continued support for children’s’ mental health, including support for some of our most vulnerable young people.

 

Assessment of risk

High risks in terms of impacts for young people if services are affected and / or discontinued or put out to competition.

 

Low risk in terms of financial / legal implications.

 

The source of funding is

Council Revenue budget – Childrens’ Services CAMHS budget.

The cost of the extension of this contract will need to be met from within the Integrated Fund budget for 2021/22, whilst future contractual arrangements are determined.

 

Legal advice obtained

Yes, provided by Tony Hatton, shared Legal Service.

 

Financial advice obtained

Yes, provided by Chris Mee, Strategic Finance Manager, Salford City Council

 

Procurement advice obtained

 

Yes, provided by Chris Conway.

 

HR advice obtained

N/A

 

Climate change implications obtained

N/A

 

Documents used

The relevant documents contain exempt or confidential information and are not available for public inspection.

Contact details

Contact Officer:       Emily Edwards, Senior Integrated Commissioning Manager

(CCG/Council)

Telephone number: 0161 793 2534

 

·       The Lead Member has been consulted and is supportive of the proposed contract.

·       The relevant Scrutiny Committee to call-in the decision is the Children’s Scrutiny Panel.

 

Signed:         BILL HINDS            Dated: 21st April 2021

                    Lead Member

 

 

*         This decision was published on 22nd April 2021  

*         This decision will come in force at 4.00 p.m. on 29th April unless it is called-in in accordance with the Decision Making Process Rules.

 


21/04/2021 - Request for Approval - Contract Award - 0-19 Children's Integrated Health Service ref: 869    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 21/04/2021 - Procurement Board

Decision published: 22/04/2021

Effective from: 30/04/2021

Decision:

Salford City Council - Record of Decision

 

I Paul Dennett, City Mayor, in exercise of the powers contained within the Council Constitution do hereby:

(1)    Approve the extension of Contract for 0-19 Integrated Children’s Health Service as detailed in the table below:

(2)    Approve a new timeline for the revised procurement process for this contract, to begin in January 2022.

 

Detail required

Answers

Contract Reference

Title/Description of Contracted Service/Supply/Project

0-19 Integrated Children’s Health Service

Name of Contractor

Salford Royal NHS Foundation Trust

Type of organisation

(to be supplied by Corporate Procurement)

Other

Status of Organisation

(to be supplied by Corporate Procurement)

Non-SME

Value of Contract Extension

£5,327,472

Per Annum (estimated average)

Existing Contract Term

01/04/2017

to

31/03/2022

Extension Period

01/04/2022

to

31/03/2023

Contact Officer (Name & number)

Steven Gavin (0161 686 6287)

Lead Service Group

Public Health

Funding Source

Grant

Ethical Contractor

Mayor’s Employment Charter

Committed to sign up to the Charter

 

Accredited Living Wage Employer

The reasons are

·       To defer the proposed procurement process to a more stable time when the current pandemic has largely passed, when an appropriate level of market engagement is more likely and there is no possibility that any potential bidding provider could be disadvantaged compared to another.

·       To allow for Salford Clinical Commissioning Group transitioning into an Integrated Care System and for changes in the local commissioning landscape to settle.

 

Options considered and rejected were

·       To enter the procurement process regardless, as planned within the original timeline.

Assessment of risk

 

·       Changes to the regional/local health commissioning landscape and the move to an Integrated Care System may result in unforeseen consequences for 0-19 operational service delivery, which cannot be anticipated.

·       Covid-19 greatly impacts of the ability of some potential providers to participate with market engagement activities within the procurement process, which could prove disadvantageous to some over others.

·       Were the latter to occur, this could potentially expose Salford City Council to a legal challenge about the procurement process from providers who considered themselves disadvantaged in this way.

 

The source of funding is The Public Health Grant

Legal advice obtained

 

Tony Hatton t.hatton@manchester.gov.uk

 

When commissioning contracts for the procurement of goods, services or the execution of works, the Council must comply with the requirements of the Public Contracts Regulations 2015 (PCR) and its own Contractual Standing Orders (CSO’s), failing which a contract may be subject to legal challenge from an aggrieved provider.

 

The extension of the contract for Salford’s 0-19 provision of services referred to in the report has been requested to ensure continuity of statutory services. It is an established principle that an existing public contract is capable of being extended, but where the original contract does not make provision for such an extension of the original term, and if done outside of the usual tender process, or outside of the scope of CSO’s, there is always a risk that any extension could be subject to challenge by an aggrieved provider, on the basis that it ought to have been put out to competition.

 

The risk of challenge increases in tandem with the value and proposed length of the contract. In this instance, as noted in the report, the proposed term is relatively short. To mitigate the risk, it could be argued that these proposals are merely a delay in the competitive process, not avoidance, whilst the Council looks to procure the service once the covid-19 pressures ease. The extension with the existing providers with proven ability to meet the requirements of the service users would be argued to be more cost effective and efficient under the circumstances, in addition to the provision of continuity of support to these vital services.

 

In responding to COVID-19, the Council may enter into contracts without competing or advertising the requirement so long as they are able to demonstrate that there isgenuine reason for urgency and the events were unforeseeable. Following the Cabinet Office guidelines Regulation 72 of PCR specifically sets out where contracts may be modified without a new procurement procedure.  

 

The following conditions must apply:

 

(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; 

(ii) the modification does not alter the overall nature of the contract; and

(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement;

Or in any event where the variation (irrespective of its value) is not considered substantial, which also appears to be satisfied in these circumstances.

 

This justification demonstrates that the decision to extend these particular contracts was related to the COVID-19 outbreak, and having has considered the circumstances in this matter and concluded that the recommendation to extend the services as described is considered to be of least risk and of most benefit to the Council.

 

Further reasons for approving the extensions are set out in the body of the report, and the risk of any challenge to the extension proposed could be described as low.

Financial advice obtained

 

Michelle Cowley (Michelle.Cowley@salford.gov.uk) 0161 793 2520

Consultation and discussions are ongoing with the current provider, in relation to the financial implications of awarding a further contract extension.

 

Therefore, an agreement for a contract extension for 2022-23 is sought on the basis that the existing provider agrees to do so within the same financial envelope as in 2021-22. Further updates will be provided when an agreement with the existing provider is reached.

 

Procurement advice obtained

Chris Conway (christopher.conway@salford.gov.uk) 0161 686 6248

Procurement acknowledge the contents of this report and confirms that time will be scheduled to undertake a re-tender exercise moving forward, it is noted that the rationale for approving the 12-month extension is in line with Cabinet Office guidelines covered within Regulation 72.

HR advice obtained

Not applicable.

Climate change implications obtained

Not applicable.

Documents used

The relevant documents contain exempt or confidential information and are not available for public inspection

Contact details

Contact Officer:       Steven Gavin

Telephone number: 0161 686 6287

 

·       The Lead Members for Children’s Services and Young People’s Services, as well as Adult Services, Health and Wellbeing have been consulted and are supportive of the proposed contract.

·       The appropriate Scrutiny Committees to call-in the decision are the Children’s Scrutiny Panel and the Health and Social Care Scrutiny Panel.

 

Signed:     PAUL DENNETT         Dated:  22nd April 2021.

                    City Mayor

 

*         This decision was published on 22nd April 2021  

*         This decision will come in force at 4.00 p.m. on 29th April unless it is called-in in accordance with the Decision Making Process Rules.

 


20/04/2021 - Disabled Facilities Grant (DFG) Exception to Policy - Discretionary Assistance Application. ref: 866    Recommendations Approved

Decision Maker: Statutory Deputy City Mayor & Lead Member for Housing Briefing

Made at meeting: 20/04/2021 - Statutory Deputy City Mayor & Lead Member for Housing Briefing

Decision published: 21/04/2021

Effective from: 29/04/2021

Decision:

Salford City Council - Record of Decision

 

I, Councillor Tracy Kelly, Statutory Deputy City Mayor and Lead Member for Housing, in exercise of the powers contained within the Council Constitution, do hereby:

 

·         Note the content of this report with specific regard being given to the legal and finance sections, which are based on information provided by Shared Legal Services as follows:

 

The paper outlines the proposal for Mr B to be granted a discretionary DFG without the requirement for means testing. Legal Services have confirmed this is in accordance within current government guidance. Should this be approved the full cost estimated to be in the region of £17K-£20K (subject to reassessment) will be met from the Disabled Facilities Grant (DFG) and sufficient funds are available to meet this cost;

 

·         Note the content of the letter provided by Mr B in respect of the impact of the current situation on himself and his daughter;

 

·         Agree to the request for discretionary assistance in the form of direct financial assistant (grant) without a charge for an adaptation at Mr B property to cover the reasonable costs of the works specified following the DFG assessment as necessary and appropriate to support him in the provision of safe and dignified care of his daughter; therefore removing the requirement for Mr B to provide financial information to the Council.

 

·         Note any issues arising from this case to be taken in account when the Private Sector Housing Assistance Policy is next reviewed.

 

The Reasons are:

To meet the Council’s statutory obligations in order to support assessed need and promote independence and wellbeing.

 

Options considered and rejected were:

Not to provide the Disabled Facilities Grant.

 

Assessment of Risk:

The risk is considered to be medium in terms of the financial and reputational risks faced by Salford City Council and Salford Care Organisation.

 

The source of funding is: Disabled Facilities Grant.

 

Legal Advice obtained: Provided by Hugo Hollingswoth, Principal Solicitor, Shared Legal Service:

The proposal that Mr B be granted a discretionary DFG without the requirement for means testing is in accordance with current government guidance.

 

Financial Advice obtained: Provided by Stephen Thynne, Strategic Finance Manager.

The paper outlines the proposal for Mr B to be granted a discretionary DFG without the requirement for means testing. Legal Services have confirmed this is in accordance within current government guidance. Should this be approved the full cost estimated to be in the region of £17K-£20K (subject to reassessment) will be met from the DFG and sufficient funds are available to meet this cost.

 

Procurement Advice obtained: N/a

 

HR Advice obtained: N/a

 

Climate Change Advice obtained: N/a

 

The following documents have been used to assist the decision process:

The relevant documents contain exempt or confidential information and are not available for public inspection.

Contact Officer: Paul Walsh, Assistant Director Joint Commissioning          Tel. 0161 793 2202    

 

This decision is not subject to consideration by another Lead Member.

 

The appropriate scrutiny panel to call-in the decision is the Health and Social Care Scrutiny Panel.

 

 

 

 

Signed: Councillor Tracy Kelly                                   Dated: 20th April 2021

Statutory Deputy City Mayor & Lead Member for Housing

 

 

This decision was published on 21st April 2021.

 

This decision will come in force at 4.00 p.m. on 28th April 2021, unless it is called-in in accordance with the decision-making process rules.