Decisions

Appendix [A] of the report is not for publication as it contains exempt information pursuant to the provisions of Schedule 12A Part 4 paragraph 16 of the Local Government Act 1972

Agreed: that

1.   The current commissioning arrangements for Domiciliary Care, which uses a dynamic purchasing system entitled ‘Accredited Provider List for Domiciliary Care Services in Cardiff (‘APL’), be extended for just over two months from 4 November to 11 January 2021, pending a report on this matter to Cabinet

2.   Subject to agreement of the individual Providers concerned, the overarching agreements concluded between the Council and those Providers appointed to the APL will be extended to 11 January 2021

Agreed: that

1.     those organisations identified in Appendix A to the report as being shortlisted and eligible to be taken forward to the next stage of the procurement process be invited to tender.

2.     the invitation to tender documentation, including the evaluation criteria, draft framework agreement and schedules be approved and issued to those organisations identified in Appendix A.

Approved

Cabinet is recommended to approve the Cardiff Council Flexible Eligibility for ECO Statement of Intent and authority be delegated to the Director for Planning, Transport & Environment to amend all future revisions of the Statement of Intent.

RESOLVED: that

1.             the Cardiff Council Flexible Eligibility for ECO Statement of Intent be approved, and

2.              authority be delegated to the Director for Planning, Transport & Environment to

a)          make arrangements for discharging the functions under the Statement of Intent and authorising officers to sign Declarations and

b)          in consultation with the Cabinet Member for Clean Streets, Recycling and Environment, make changes to the Statement of Intent as necessary and to carry out the process for implementing such changes.

Pursuant to the Council’s designation as Single Licensing Authority for Wales (brand name Rent Smart Wales) this report provides an update on the first 5 years of operating on behalf of Welsh Authorities and seeks endorsement for the refinements now being made in preparation for renewal activities.

RESOLVED: that

1.            the progress made by Rent Smart Wales in delivery of  the Housing (Wales) Act 2014 be noted and

2.            the refinements required to policies and processes specifically relating to registration, licence, compliance and renewal activities be endorsed

3.            the ‘Agent Audit’ grading structure set out be approved and authority be delegated to the Corporate Director Resources to revise the grading structure in light of operational experience.

Annexe A and Appendices 1 to 8 to this report are not for publication as they  contain exempt information of the description contained in paragraphs 14  (Information relating to the financial or business affairs of any particular person {including the authority holding that information}) and 21 (public interest) of Schedule 12A of the Local Government Act 1972. In all the circumstances of this case it is viewed that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, as without keeping certain of the information relating to the financial and business affairs exempt, such information may not have been be provided to the authority in order to consider matters and or its disclosure could prejudice a party.

Appendix 6to this report  is  not for publication as it contains exempt information of the description contained in paragraph 16 (Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)  of Schedule 12A of the Local Government Act 1972.

RESOLVED: that

Council be recommended to:

1.            Subject to Cardiff Council and Cardiff City Transport Services Limited concluding the agreements referred to in Recommendation 2:

1.1     Agree that Cardiff Council becomes the Statutory and Principal Employer of the Cardiff City Transport Services Limited Pension Scheme.

1.2    delegate to the Corporate Director Resources, in consultation with the Cabinet Member (Finance, Modernisation and Performance) authority to enter into legal agreements with Trustees and Cardiff City Transport Services Limited to become the Statutory and Principal Employer and deal with all ancillary matters relating thereto.

1.3   agree that Cardiff Council enter into a ‘Flexible Apportionment Arrangement’ with the Trustees of the Cardiff City Transport Services Limited Pension Scheme meaning that all future liabilities in respect to pension obligations will fall to Cardiff Council.

2.         In order to facilitate entering into a Flexible Apportionment Arrangement, delegate the Corporate Director Resources and Monitoring Officer, in consultation with the Cabinet Member (Finance, Modernisation and Performance) authority to enter into a back-to-back legal agreement with Cardiff City Transport Services Limited to ensure any sums payable by the Council in respect of:

a.    contributions in to the scheme as part of any deficit recovery

b.    allowance for scheme expenses

c.    Pension Protection Fund levy and

d.    any other costs and expenses incurred by the Council in respect to its obligations as Statutory and Principal employer are recovered from the Cardiff City Transport Services Limited.

3.         Delegate to the Corporate Director Resources, in consultation with the Cabinet Member (Finance, Modernisation and Performance) authority to carry out on behalf of Cardiff Council the responsibilities of the Statutory and Principal Employer of the Cardiff City Transport Services Limited Pension scheme.

4.         a) Subject to completion of the actions set out in recommendations 1 & 2, delegate to the Corporate Director Resources, in consultation with the Cabinet Member (Finance, Modernisation and Performance) authority to release up to £7.0 million included in the 2020/21 capital programme with this payment being subject to Cardiff City Transport Services Limited agreeing to carry out the interventions to support viability and strengthen the balance sheet.

          b)  note that any release of funds allocated in future years will be subject to review and included as part of future budget proposals.

5.      Delegate to the Corporate Director Resources, as Cardiff Council’s shareholder representative, authority to approve any request by Cardiff City Transport Services Limited to issue additional equity as appropriate.

6.      Agree that Cardiff Council acquire additional equity issued in Cardiff City Transport Services Limited as part of the implementation of any financial support package approved by the Council.

7.      Delegate to the Corporate Director Resources, in consultation with the Cabinet Member (Finance, Modernisation and Performance) authority to identify and make necessary improvements to the governance process in respect to Cardiff City Transport Services Limited as outlined in this report and report back to a future Council meeting on the changes made.

8.      Delegate to the Corporate Director Resources, authority to explore alternative means of providing financial support to Cardiff City Transport Services Limited that would reduce the requirement for Cardiff Council’s allocation included in the indicative Capital Programme and authorise the Corporate Director Resources to conclude any such agreements on behalf of Cardiff Council.

To consider the results of the consultation on Senior Management Arrangements

RESOLVED: that

1.            having considered the summary of responses received as part of the consultation process, the new Tier 1 and Tier 2 Senior Management Team structure as set out in Appendix 2 to the reoprt be approved

2.            the proposed creation and advertisement of the new posts of Director, Adults, Housing and Communities and Director, Children’s Services be referred to Full Council for approval on 22 October 2020; and

3.            subject to approval for recommendation 2 above by Council, authority be delegated to the Head of Paid Service, in consultation with the Cabinet Member for Finance, Modernisation and Performance, to implement the new Tier 1 and Tier 2 Senior Management Team structure and to allocate managerial resources during the transitional process, as appropriate, in accordance with the principles set out in the report.

In 2019 the Council declared a Climate Emergency. The One Planet Cardiff strategy will set a strategic vision and response to this, setting out the key themes for action to decarbonise the Council’s activities and, in partnership,  to move towards a carbon neutral city.

RESOLVED: that

1.            the objectives set out in the One Planet Cardiff Strategy for Cardiff to become a carbon neutral city by 2030 be approved;

2.            a period of public consultation on the strategy be authorised and the One Planet Cardiff Strategy and Action Plan be brought back to Cabinet in due course for approval and implementation.

3.           the Chief Executive be authorised, in consultation with the Leader and Cabinet Member (Clean Streets, Recycling and Environment) to consider and report back to Cabinet and/or full Council (as applicable) with any specific proposals or recommendations to embed fully the One Planet approach across council services, governance and procurement processes.

Agreed: that approval be given to the evaluation criteria and to commence the procurement exercise for the Sale of MRF and HWRC Materials using a DPS

Criteria –

100% Quality Stage 1  100% Price Stage 2

Agreed: that

1.    It be determined that the grounds for intervention in Cantonian High School have been dealt with to the Council’s satisfaction, and to give notice to this effect to the school’s governing body;

2.    right of the Governing Body of Cantonian High School to a delegated budget be reinstated with effect from 26 October 2020 and

3.    It be noted that the additional governor appointments made to the governing body by the Council and the nomination of one of these governors to be chair of the governing body during the intervention period have ended their terms of office and are no longer required.

AGREED: that approval be given to a payment of  £117,500 to Parkwood to provide additional supplier relief (due to Covid-19) in respect of the operation by Parkwood of Cardiff International Pool (CIP).  This amount includes £12,500 as a retrospective payment for the period 20^th to 31^st March 2020 and £35,000 per month for the period July to September 2020..  

Appendices A and C are not for publication as they contain exempt information of the description contained in paragraphs 14 and 21 of Schedule 12A of the Local Government Act 1972

AGREED: that agreement be given to purchase an additional 50 units from Wates Residential on the Willowbrook West and Briardene Cardiff Living sites by doing variations to the existing JCT contracts for these sites to include those additional works. Details of costs in appendix A to the report

Appendix 1 and 2 are not for publication as it contains exempt information of the description in [paragraph(s) 14 and 21 and] paragraph 16 of Schedule 12A of the Local Government Act 1972

RESOLVED: that approval be given to a direct award commission to the value of £1.11m to Wild Water Storage Ltd for temporary morgue storage at facilities in South East Wales and associated services for a 6-month term.