{meta} Decisions for call-in

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 recommendations approved (subject to call-in)

10/08/2022 - Approval for an Exception to Contractual Standing Orders for the award of 17 individual packages of short break care and to approve the use of the Manchester Flexible Purchasing Scheme for the commissioning of short break care for children with speci ref: 2173    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 10/08/2022 - Procurement Board

Decision published: 10/08/2022

Effective from: 18/08/2022

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:

 

·      An exception to Contractual Standing Orders as permitted within the City Council Constitution for the reason(s) highlighted in the table below and the award of the Contract for Individual short break packages of care for 17 children with disabilities and their parent carers and approval to use the Manchester City Council, Flexible Purchasing Scheme, as detailed in the table below:

 

Detail required

Answers

Title/Description of Contracted Service/Supply/Project

Individual short break packages of care for 17 children with disabilities and their parent carers and approval to use the MCC Flexible Purchase Scheme

Name of Successful Contractor

Various

Supplier Registration Number

(to be supplied by Corporate Procurement)

Type of organisation

(to be supplied by Corporate Procurement)

Other

Status of Organisation

(to be supplied by Corporate Procurement)

SME

Contract Value (£)

£ Various

Contract Duration

36 months

Contract Start Date

01/08/2022

Contract End Date

31/07/2025

Optional Extension Period 1

12 months

Optional Extension Period 2

12 months

Who will approve each Extension Period?

Strategic Director (extension < £150k)

Contact Officer (Name & number)

Karen Smith, Senior Commissioning Manager, 07977 196237

Lead Service Group

People Services

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

Tick if it applies

Reason for CSO Exception: The execution of works or the supply of goods or services is controlled by a statutory body

Tick if it applies

Reason for CSO Exception: Delivers Best Value to the Council

Tick if it applies

Reason for CSO Exception: 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

Tick if it applies x

Reason for CSO Exception: 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

Tick if it applies

Reason for CSO Exception: Security works where the publication of documents or details in the tendering process could prejudice the security of SCC and Salford residents

Tick if it applies

Reason for CSO Exception: 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.

Tick if it applies

Funding Source

Choose an item.

Ethical Contractor (EC): Mayor’s Employment Charter

 

EC: Committed to sign up to the Charter

x

EC: Accredited Living Wage Employer

x

 

The reasons for this exception are that:

 

Salford City Council has a legal duty to provide short breaks for children with disabilities and their parent carers as per ‘The Breaks for Carers of Disabled Children Regulations (2011). Approval for current individual packages of care is authorised and delegation to the Strategic Director, People, for authorisation of each individual package of care up to the value of £150,000 beyond 2022-23.

 

The existing contractual arrangements for commissioning individual packages of short break care will end on 31 March 2023 and cannot meet current demand. Where the current provider cannot meet demand, any new packages of care will be commissioned through the Manchester Flexible Purchasing Scheme from 1 August 2022 and from 1st April 2023, the FPS will be the route for commissioning all individual short break packages of care. During the transitioning to the FPS, authorisation for spot purchase of individual packages of care if required.

 

Options considered and rejected were

Continue with spot purchase arrangements for individual short break care packages. This was rejected on the grounds of not providing assurance of best value for Salford City Council in meeting its legal obligation to provide short breaks for children with disabilities and their parent/carers.

Develop a Salford Framework for short breaks. This was rejected on the grounds of the Manchester Flexible Purchasing Scheme (FPS) is in place and available for all GM local authorities to use to find appropriate support packages for children with disabilities. The specification has been developed with input from parent/carers and children with disabilities. Its usage will represent a substantial saving in officer and provider time rather than a Salford Framework for a relatively small number of children.

 

Assessment of risk

There is currently no formal approval in place for the spot purchase arrangements for individual packages of short breaks. If SCC does not use the FPS there is a risk that there will be continued reliance on meeting the needs of disabled children and young people through spot purchase arrangements which may not achieve best value.

 

The source of funding is

The cost of individual packages will need to be met from within the approved Children’s revenue budget allocation for Short Breaks for 2022/23.

 

This is a demand led budget and any continued pressures in 2022/23 will therefore need to be managed within the overall Children’s Services budget and/or further use of any available covid funding.

 

Legal advice obtained

Yes, from Richard Purcell, Principal Solicitor, Commercial Legal Team

 

Financial advice obtained

Yes, from Chris Mee, Strategic Finance Manager

 

Procurement advice obtained

Yes, from Christine Flisk, Senior Procurement Manager

 

HR advice obtained

Not applicable

 

Climate change implications obtained

Yes, Mike Hemingway, Climate Change Principal Officer

 

Documents used

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


 

Contact details

Contact Officer:  Karen Smith, Senior Commissioning Manager

Telephone number: 07977 196237

 

Please delete from the bullets below any which are not relevant

  • The Lead Member has been consulted and is supportive of the proposed contract.
  • This matter is not subject to consideration by another Lead Member.
  • The appropriate Scrutiny Committee to call-in the decision is the Children’s Scrutiny Committee

 

Signed:       Cllr Bill Hinds              Dated: 10 August 2022

                   Lead Member

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 10 August 2022

*           This decision will come in force at 4.00 p.m. on 17 August 2022 unless it is called-in in accordance with the Decision Making Process Rules.

 


10/08/2022 - Approval to Award the Contract for Campbell Road Play Area ref: 2172    Recommendations Approved

Decision Maker: Procurement Board

Made at meeting: 10/08/2022 - Procurement Board

Decision published: 10/08/2022

Effective from: 18/08/2022

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:

·      the award of the contract for construction of a new children’s play area to Campbell Road Playing Field as detailed in the table below:

 

Detail required

Answers

Title/Description of Contracted Service/Supply/Project

Construction of a new play area to Campbell Road Playing Fields, Swinton

Name of Successful Contractor

Groundwork Landscapes Ltd

Supplier Registration Number

(to be supplied by Corporate Procurement)

01339901

Type of organisation

(to be supplied by Corporate Procurement)

Private Limited Company

Status of Organisation

(to be supplied by Corporate Procurement)

SME

Contract Value (£)

£          357,851.85 full project

Other Costs

£24,622.30

Professional fees

Contract Duration

2 months

Contract Start Date

24/10/2022

Contract End Date

16/12/2022

Optional Extension Period 1

1 month

Optional Extension Period 2

0 months

Who will approve each Extension Period?

Strategic Director (extension < £150k)

Contact Officer (Name & number)

Annie Surtees ext. 1153

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

Minor Civils (Lot 6) Landscape Framework

Funding Source

Capital Programme

Ethical Contractor (EC): Mayor’s Employment Charter

 

EC: Committed to sign Charter

 

EC: Accredited Living Wage Employer


 

The Reasons are:

The six contractors appointed to the Minor Civils (Lot 6) Landscape Framework have been invited to submit tenders for evaluation through mini-competition.

Five tenders were received which have been evaluated on the most economically advantageous tender basis in line with procurement procedures.

The tender submitted by Groundwork Landscapes Ltd is the Most Economically Advantageous Tender (MEAT).

 

Options considered and rejected:

The award of contract to other contractors appointed to the Minor Civils (Lot 6) Landscape Framework.

 

Assessment of Risk:

Low – Developers can seek to legally challenge the city council to claim back Section 106 monies if not used on a scheme that mitigates the impacts of that development and/or spent in line with the requirements of the Section 106 agreement.

 

The source of funding is:

Section 106 Contributions received from the developments at:

£382,474.15 from Land at Campbell Road (s106 ref: 369 – planning application 17/70853/FUL).

 

Legal Advice obtained:

When commissioning contracts for the procurement of goods, services, or the execution of works, the Council must comply with 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 proposed award of the contract follows a tender exercise by mini competition in accordance with the Minor Building Works Framework Agreement Lot 6.

 

The purpose of a framework agreement is to select through a procurement/ evaluation process a number of providers who can meet the service requirements of the Council, as and when those services are required. If they are required then the Council will undertake an exercise to call off the services from one or more of the providers who have been selected to be on the framework and this may be through any number of ways e.g. mini-competition, direct allocation etc. depending on the circumstances. A contract will then be formed between the Council and the chosen provider/s.

 

The Council will need to have followed the procedure set out in the framework agreement for mini competition to ensure the procurement process is compliant. Five tenders were received from framework suppliers for this project, which have been evaluated on the most economically advantageous tender basis in line with procurement procedures resulting in the proposed award of the contract to Groundwork Landscapes Ltd. The procurement procedures therefore appear robust and compliant with the requirements of the Council’s CSO’s and PCR

 

Financial Advice obtained:

Expenditure associated with the aforementioned contract award, to a total of £357,851.85, will be funded from £440,503.15 of received Section 106 Contributions, from developments on land at Campbell Road (s106 ref: 369 – planning application 17/70853/FUL).

It should also be noted that RIBA stage 5 & 6 costs associated with this scheme, amounting to £24,622.30, will be met from the same source of Section 106 Contributions (S106 ref: 369 – planning application 17/70853/FUL), subject to approval.

 

Procurement Advice obtained:

The project was procured through SCC Minor Civils Framework Lot 6 where all selected companies were invited to a mini competition. The process is compliant with the Procurement Contract Regulations and SCC contractual standing orders.

 

HR Advice obtained:

N/A

 

Climate Change Implications obtained:

Climate change implications are considered through the planning application process, and where relevant appropriate mitigation will be identified through planning conditions and/or planning obligations. The Section 106 contributions can only be used towards specific mitigation in accordance with the respective Section 106 agreement.

 

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

Report of The Strategic Director for Place to Procurement Board on 10th August 2022.

Report of The Strategic Director for Place to Lead Member for Planning and Sustainable Development Briefing on 18th March 2022.

ROD 339 – Beechfield Allotments and Campbell Road Open Space 22nd November 2019

 

Contact Officer:

Ian Worsley (Greenspace)             Tel no: 07977 508767

Steve Davey (s106)                         Tel no: 0161 793 3762

 

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

 

The appropriate Scrutiny Committee to call-in the decision is the Community and Neighbourhoods Scrutiny Panel.

 

Signed:          Cllr Hinds               Dated:            10 August 2022

                   Lead Member

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 10 August 2022

*           This decision will come in force at 4.00 p.m. on 17 August 2022 unless it is called-in in accordance with the Decision Making Process Rules.

 


08/08/2022 - Pendleton Community Activity and Health Hub (see also item 6b) ref: 2169    Recommendations Approved (subject to call-in)

Decision Maker: Property / Regeneration Briefing

Made at meeting: 08/08/2022 - Property / Regeneration Briefing

Decision published: 08/08/2022

Effective from: 23/08/2022

Decision:

Salford City Council - Record of Decision

 

I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitutiondo hereby approve the proposals detailed below on the provisionally agreed terms:

 

1.    Continuing the development and reporting strategy of the Pendleton Community Activity and Health Hub project (Leisure Centre).

 

2.    The in principle ring fencing/allocation of the anticipated overage payment from the Pendleton Phase 3 works and envisaged future receipts from the next phases of the Pendleton redevelopment towards the Leisure Centre as required.

 

3.    The acceptance of the Sport England grant formalised via the signing of the Lottery Funding Agreement and Deed of Dedication documents.

 

4.    The placing of a restriction on Salford City Council’s freehold legal titles at the site of the new Pendleton Community Activity and Health Hub as security for a Grant from Sport England for a maximum term of 25 years from the date of the signing of acceptance of the Grant.

 

5.    The Revenue and Financial challenges associated with the new Pendleton Community and Health Hub Project (Leisure Centre)

 

The Reasons are that it allows for the strategy for the Pendleton Community Activity and Health Hub (Leisure Centre project to proceed given the current context of the capital and revenue challenges that exist.

 

 

Assessment of Risk - High

 

A high-level appraisal for both capital and revenue costs have been undertaken. Assumptions for inflation and risk allowance have been made but it will only be as the project progresses through each Work Stage that actual costs are known.

 

Funding arising via the Redevelopment of Pendleton is anticipated.

 

There are grant terms to comply with – not onerous.

Repayment of any expended grant would be required should the project not proceed.

Changes to the agree scheme need to be signed off by the grant funder.

 

 

 

Legal Advice obtained: Yes - Lauren Armstrong, Solicitor Commercial (Legal) Team

and Jon Paramor Deputy Head of Property, Property, Shared Legal Service

 

Financial Advice obtained:  Yes - David Mills, Interim Strategic Finance Manager

 

Procurement Advice obtained: Not applicable

 

HR Advice obtained: Not applicable

 

Climate Change Advice obtained: Not applicable

 

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

Public briefing report submitted to Property and Regeneration Briefing held on 8 August 2022



Contact Officers: 

 

Jackie Ashley - Senior Project Manager 

              Tel No: 0161 799 6043

 

David Mills - Strategic Finance Manager

                      Tel No: 0161 793 2858

 

David Seager - Asst Director, Operational and Community Services

               Tel No: 0161 925 1115

This decision is not subject to consideration by another lead member or strategic director

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

 

Signed: Councillor Tracy Kelly

Deputy City Mayor

Date: Monday 8 August 2022

 

*           This decision was published on Monday 8 August 2022.

*           This decision will come in force at 4.00 pm on Monday 15 August 2022 unless it is called-in in accordance with the Decision-Making Process Rules.