Officer Decisions

Date of Decision:

16 March 2023

Decision Maker:

(Including Job Title)

Ian Spicer

Strategic Director, Adult Care, Housing and Public Health

Specific Delegation:

(If any)

Appendix 9, Section 4C3, of the Council’s Constitution provides that “The Strategic Director of Adult Care, Housing and Public Health is authorised to discharge executive functions through the commissioning and provision of social services for adults and public health services for the whole population and delivery of housing for the Borough, including:- (4) Strategic Commissioning; (a) Commissioning”. 

Brief Description of Decision:

The Home Care and Support Service was secured via a competitive tender in 2019 and mobilised in April 2020.  Providers appointed to the Home Care and Support – Flexible Purchasing System were paid at hourly rates tendered in year 1 of the contract. 

In December 2021 the DHSC announced a Market Sustainability and Fair Cost of Care exercise with the objective of addressing care and support market sustainability issues.  The outcome of the FCoC was concluded with the results published 1 February 2023.  The FCoC relating to domiciliary care was £22.47/hr and the proposal that current hourly rates be aligned to this figure. 

It is proposed that a variable increase is applied to contracted hourly rates with bias towards providers who deliver service in the rural semi-rural areas of the Borough.   The detail of the resulting rates is included in Appendix 2 (exempt from publication). 

Reasons for the Decision:

This proposal is recommended as it will address issues of severe capacity shortfall in certain geographic areas.  This option will also reduce the dependency on temporary contracted provision avoid fragmentation in the market and help to reset and stabilise the Home Care and Support Flexible Purchasing System.

Details of alternative options considered and rejected:

Standardise the increase to contracted Home Care and Support provider  hourly rates based on the outcome of the FCoC exercise - median rate of £22.47/hr.

This option is not recommended as this would fail to stabilise the recruitment and retention issues and shortfall in capacity.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest declared.

Dispensations Granted:

(If any)

N/A.

Reports or parts of reports considered

None considered.

Date of Decision:

22 March 2023 - 4 Corporation Street - Works to support Culture and Leisure Quarter Regeneration

Decision Maker:

(Including Job Title)

Paul Woodcock

Strategic Director Regeneration & Environment

Specific Delegation:

(If any)

17^th October 2022 Cabinet:

3. Delegates authority to the Strategic Director of Regeneration of Environment, in consultation with the S151 Officer and the Cabinet Member for Jobs and Local Economy, to enter into the agreements necessary to give effect to the Forge Island Scheme.

Brief Description of Decision:

The Council include the demolition and remediation of 4 Corporation Street within the Forge Island development main works contractor package and the existing DFA is varied as required.

Reasons for the Decision:

This decision will enable the existing Forge Island contractor to oversee the demolition process from start to finish, allowing access from Forge Island which is critical to avoid potential delays and adverse impact on the wider programme.  It will allow for a more straightforward demolition methodology to be undertaken, mitigating risk of delay, and therefore achieving better value for money.

Including the works in the Forge Island development will also allow the additional works of betterment to the main scheme to be delivered alongside the main development. This will avoid the need to retrofit changes to the built scheme through the award of a separate contract or addition to a contract yet to be let. Retrofitting will cause disruption and is likely to result in additional cost.

Details of alternative options considered and rejected:

An alternative option was explored, to undertake the identified works with a third party. On investigation, the preferred access to the site is from the South, part of the existing Forge Island scheme.  Substantiated concerns have been raised that there is a real danger of both delays to the main works programme, and a risk to health and safety, if another contractor is active in the same works area as the main works are progressing, therefore after early engagement with third parties to clarify this, this option was not progressed and is not recommended.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None identified.

Dispensations Granted:

(If any)

None.

Reports or parts of reports considered

Officer Delegation Report - 4 Corporation Street - Works to support Culture and Leisure Quarter Regeneration

October 2022 Cabinet Report

Date of Decision:

27^th March, 2023

Decision Maker:

(Including Job Title)

Sam Barstow, Assistant Director, Community Safety & Street Scene

Specific Delegation:

(If any)

As per the Sub Scheme of Delegation which grants the Assistant Director of Community Safety and Street Scene the power to discharge functions relating to the Gambling Act 2005

Brief Description of Decision:

To approve the commencement of consultation regarding the three yearly review of the Council’s Gambling Act 2005 Statement of Licensing Policy.

Reasons for the Decision:

The Gambling Act policy requires review every 3 years, the policy current policy was introduced in 2020 and is therefore due for review.  There is a statutory requirement to undertake consultation when reviewing the policy – this report seeks approval to commence that consultation.

Details of alternative options considered and rejected:

Adoption of a 2 stage process that would involve consulting on changes to the current policy, redrafting it and then undertaking a further consultation on the redrafted policy.  This is referred to as Option 2 in the report.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None.

Dispensations Granted:

(If any)

n/a

Reports or parts of reports considered

Gambling Act 2005 – Statement of Licensing Policy (including appendices).

Date of Decision:

24 March 2023

Decision Maker:

(Including Job Title)

Simon Moss

Assistant Director, Regeneration & Environment

Specific Delegation:

(If any)

To sign the SYMCA Funding Agreement in relation to the acceptance of the Rotherham Markets and Library Complex grant under the delegated powers: ‘The implementation of any functions associated with any grant regime, including National Grants, City Region Grants & Programmes and European Funding’.

Brief Description of Decision:

Signing of the grant agreement between Rotherham Metropolitan Borough Council and South Yorkshire Mayoral Combined.

Reasons for the Decision:

Acceptance of the £3.4m capital grant to provide gap funding that will enable delivery of the Rotherham Markets and Library Complex development.

Details of alternative options considered and rejected:

That the offer of grant is not accepted, which would require the Council to pause the proposed development whilst alternative sources of funding are sought to address the viability gap.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Acceptance of South Yorkshire Mayoral Combined Authority Grant: Rotherham Markets and Library Complex

Date of Decision:

04 November 2022

Decision Maker:

(Including Job Title)

Paul Woodcock

Strategic Director, Regeneration and Environment

Specific Delegation:

(If any)

The delegation agreed by Cabinet on 17^th October 2022 in respect of the delivery of Forge Island which:

“Delegates authority to the Strategic Director of Regeneration of Environment, in consultation with the S151 Officer and the Cabinet Member for Jobs and Local Economy, to enter into the agreements necessary to give effect to the Forge Island Scheme.”

Brief Description of Decision:

Approval to enter into a Development Funding Agreement (DFA) for the delivery of Forge Island.

Reasons for the Decision:

The DFA allows construction of the Forge Island scheme to progress, as agreed by Cabinet on 17^th October 2022, and provides market standard security relating to the provision of funding, including an obligation on Muse to develop in accordance with an agreed specification. The DFA also clearly establishes the maximum funding amount the Council will provide, the proposed governance and monitoring approach, and other contractual clauses designed to protect the Council’s investment. 

The decision has been taken in consultation with the S151 Officer and the Cabinet Member for Jobs and the Local Economy.

Details of alternative options considered and rejected:

Not applicable in this instance. The contractual clauses included in the DFA have each been considered and negotiated and are considered to appropriately protect the Council’s investment.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None declared.

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

Forge Island Final Delivery Arrangements – 4 November 2022

Cabinet Report – Final Delivery Arrangements 17^th October 2022

Decision Title

Decision to award 20-154 Children’s Public Health Nursing Service, to The Rotherham NHS Foundation Trust (TRFT)

Date of Decision:

12 September 2022

Decision Maker:

(Including Job Title)

Ian Spicer - Strategic Director of Adult Care, Housing and Public Health

Specific Delegation:

(If any)

Nonspecific

Brief Description of Decision:

To award the contract for the Children’s Public Health Nursing Service, Tender reference 20-154 to The Rotherham Hospitals NHS Foundation Trust from 1 April 2023 until 31 March 2028 (five years) with the option to extend the contract for up to a further five years.

Details of the contract will be made available on the Council’s contracts register and Contracts Finder.

Reasons for the Decision:

The result of a competitive procurement Procedure as agreed in the Cabinet paper of March 2021.

The procurement was undertaken as an Open Tender Exercise which was conducted in line with the Public Contracts Regulations 2015 (as amended) and the Council’s Financial Procurement Procedure Rules.  The successful supplier after evaluation was The Rotherham Foundation NHS Trust. The Tender Evaluation Report and award recommendation has been approved by the relevant parties.

Details of alternative options considered and rejected:

N/A

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

 None

Reports or parts of reports considered

Tender evaluation report 20-154 Children’s Public Health Nursing Service – All Ages 50574

Date of Decision:

17/03/23

Decision Maker:

(Including Job Title)

Simon Moss

Assistant Director for Planning, Regeneration and Transport

Specific Delegation:

(If any)

Exercising the delegations given by Cabinet on 8 July 2019 to complete the acquisition of land at Fenton Road, and in line with delegation to Property Officer as described in Appendix 5, Section 29 of the Council’s Constitution.

Brief Description of Decision:

To approve the acquisition of land at Fenton Road, Kimberworth, Rotherham. The acquisition price of the land is £400,000.

Reasons for the Decision:

To enact the approval at Cabinet on 8 July 2019 Cabinet to acquire the land at Fenton Road, Kimberworth, Rotherham. This decision seeks to finalise the necessary transaction.

Details of alternative options considered and rejected:

Four options considered by Cabinet on 8 July 2019; and the resolution (minute C30) was to proceed with the recommended option to acquire the land at Fenton Road, Kimberworth, Rotherham.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

Reports or parts of reports considered

Cabinet Report 8 July 2019 Acquisition of land at Fenton Road minute C30.

Date of Decision:

13/03/2023

Decision Maker:

(Including Job Title)

Sam Barstow; Assistant Director of Community Safety & Street Scene

Specific Delegation:

(If any)

As stipulated in the Financial and Procurement Procedure Rules (FPPRs) under section 68.3 Signing Contracts and the Common Seal which sets out the following:

68.3.3 – Strategic Directors, other officers defined in the directorate scheme of delegation or other Authorised Signatories, have the power to sign Contracts and agreements that are not required to be made by deed.

Brief Description of Decision:

To seek approval to move to contract award and appoint the successful supplier in relation to the provision of the Council’s Highways Asset Management Software as detailed within the procurement business case.

The call-off with be in place for an initial term of 24 Months plus an optional extension of 12 months and the total contract value will be £258,810.00.

Reasons for the Decision:

To allow the Council to proceed with the award of the contract to the successful supplier so it can maintain its services and the use of hardware in order to help support meet the Councils requirements.

If the Council do not enter into a further call-off agreement, then it will become non-compliant with its own Financial and Procurement Procedure Rules and all future spend with Symology Ltd will be flagged as such.

Also without a further call-off agreement from 18 March 2023, the Council faces a significant business continuity risk, unable to manage activities on the highway, manage its highway repair programme and maintain a robust Highway safety inspection process.

Details of alternative options considered and rejected:

As per Appendix D – Procurement Options Appraisal of the business case the following options were considered and rejected for the below reasons:

·     Above Threshold – Open Tender Process – There are compliant frameworks that the Council can utilise that meets its requirements.  The timescales that are set out in the Public Contract Regulations cannot be reduced therefore this is why the option is discounted

·     Above Threshold – Restricted Tender Process – There are compliant frameworks that the Council can utilise that meets its requirements.  Directorate Leads are keen to get this procurement exercise completed in a timely manner.  The timescales that are set out in the Public Contract Regulations cannot be reduced therefore this is why the option is discounted.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest raised.

Dispensations Granted:

(If any)

Reports or parts of reports considered

The Procurement Business Case has been shared with the Decision Maker to help inform the decision to proceed with the direct award.

The business case is solely for internal use only and should not be published externally