• The council is keen to progress the investigation of delivering affordable housing as quickly as possible. Expert advice is required to inform decisions regarding the site value of any purchase of third party owned housing schemes on across Herefordshire.
• Fisher German have the expertise in this area and are able to complete a Red Book Valuation and initial assessment of the site.
• The council has opted to use three quotes to assess the value for money of this contract. The procurement process complies with the council’s contract procedure rules for a contract of this value

The global Covid-19 pandemic and the resulting measures taken to reduce the spread of the virus have had an unprecedented impact on the national and local economy and on people’s wellbeing and mental (as well as physical) health. Nationally the magnitude of the recession caused by the pandemic is unprecedented, GDP declined by 9.8% in 2020 the steepest drop since records began in 1948.

The pandemic has also had a severe impact on people’s mental health and wellbeing, due to long periods of anxiety, isolation, and uncertainty. The Herefordshire Community Wellbeing Survey 2021 found 28% of people reported high levels of anxiety, 32% experienced drop in household income, 33% doing less exercise, and 30% sleeping less well. Wellbeing is lowest in those living in the most deprived areas.
The council has worked across all directorates to support businesses, residents and communities throughout the pandemic to remain as safe as possible and to prevent and reduce spread of infection and protect those most vulnerable in our society.
Our focus now moves towards recovery. Over the coming months the true impact of the pandemic will become better known for the economy, community wellbeing and organisation.

To support the recovery cabinet approved a £6m COVID Recovery Plan which includes the economy, community wellbeing and organisation. The recovery plan now focuses on the immediate impactful actions we need to take in the short term. Our priorities are to:

- Establish Safe and Welcoming Places
- Support Business Viability and Resilience,
- Support Employment
- Support Wellbeing.

To enable Network Rail to carry out flail works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

To appoint Owen Pell Ltd to undertake landscaping works up to a cost of £144,697.25.

To enable BBLP to carry out drainage works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

Award a 2 year contract to Signis Group Ltd to provide a web based foster carers handbook that includes local information, for 2 years from 1 August 2021 to 31 July 2023 at a cost of £3,000. The contract will have an option to extend for a further 2 periods of up to 12 months each at a further cost of £1,500 per 12 month, therefore the maximum contract value is £6,000 over 4 years.

To allocate the vacant seat on the Planning and Regulatory Committee to the True Independents political group.

The Council has a statutory duty to ensure that there is sufficient and fit for purpose provision of care services to Herefordshire residents who are eligible under the Care Act 2014 and that a sustainable market is maintained providing choice and quality. Care home services contribute to the offer of services to meet assessed need. Plus under the Care and Support and Aftercare (Choice of Accommodation) Regulations 2014 (‘choice of accommodation regulations’). Local Authorities have a duty to offer residents (whose care they are funding) choice over where they receive their care provided the home accepts the funding terms and conditions, including how much the Council is willing to pay.
A DPS is designed to give buyers access to pre-qualified Suppliers and ensures that the end-to-end process is competitive, fair and transparent. Suppliers need to meet the online entry criteria to get onto the DPS. New suppliers can join at any time during the lifetime of the DPS.
These call-off contracts represent approximately £30m of annual spend by the Council on adult care home provision, but no guarantee is given as to the actual value of the Contract for each Provider/Supplier due to fluctuations in demand for the Service and any National Living Wage and inflationary increases that may be applied during the lifetime of the contract. The DPS does require a 12 month Termination Notice period to be given to suppliers to terminate.

As lead commissioner the council undertook a procurement exercise in 2016 with a view to establishing an accredited list for the council and CCG of Providers in Herefordshire.
Colleagues in our Procurement Team have reviewed the Proactis tender opportunity and the term of the DPS as advertised was 5th Sept 2016 – 5th Sept 2020 (approx. £19m) (please note this is an annual fig which is higher now). This was advertised as a DPS and was entitled - ‘Residential and Nursing Accredited List’. The DPS was extended in 2020 by 1 year until 5th Sept 2021.

Regulation 34 of the PCRs 2015 sets out the rules on Dynamic Purchasing Systems, including specific rules regarding the ability to change the period of validity of the DPS that provides flexibility if the authority’s circumstances change or developments in technology and markets mean that the DPS, as originally set-up, outlives its usefulness. It is useful to note there is no specific maximum duration of a DPS.

The council will submit for publication on the UK e- notification service a notice of the kind used initially for the call for competition for the dynamic purchasing system setting out the extension provisions.

Over 300 care homes have successfully applied to join the DPS from the 1st September 2016 to date.
The Council currently have 798 individual placements with 132 contracted care homes under the DPS. This number of individual placements has remained fairly constant over the last five years, with an average churn of 30 new placements per month.

This is a dynamic situation with the introduction of the Integrated Care System and we are actively scoping cross border opportunities with both the HWCCG and Worcestershire County Council (WCC) to establish and secure their potential support/commitment for a joint approach to secure adult care home provision across the two Counties. The extension period will allow time to review and facilitate the above scoping exercise.

The council needs to the ability to put in emergency/urgent block contracts as issues arise which need to be responded to promptly therefore the additional ability to do temporary short term block contracts through a mini tender will allow flexibility to enable the council to do this.

To prosecute the defendant for an offence under the Road Traffic Regulation Act 1984, Section 117.

To approve the freehold disposal of Hereford Town Hall, St Owen Street.

To realign underspent capital programme funds to new projects in order to deliver respond to changing priorities

To enable Gigaclear to carry out rural fibre installation works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

To enable Balfour Beatty to carry out bridge maintenance works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out

To enable Welsh Water
to carry out new service installation works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

Following the decision taken by Cabinet on 23 July 2020 and the subsequent funding decision taken by the Council on 4 August 2020, the works to repair all remaining priority flood damage sites were to be commissioned and delivered.
Consequently the Director of Economy and Place took the decision on 22 September 2020 that:
• All remaining elements of the Fownhope work (estimated scheme value £1m including all management support) be delivered through the Public Realm Services Contract;
• The Witney of Wye scheme (estimated value £0.5m including all management support) be delivered as a design and build commission;
• The various flood damage sites (estimated value £0.962m including all management support) be delivered through a new framework contract aimed at providing a ‘post’ COVID opportunity directly to local SMEs; and
• The managing agent support to the council’s own project and contract management costs, as required to deliver these schemes, is commissioned through the Public Realm Services Contract.
The Fownhope Scheme has now been delivered through the Public Realm Services Contract.
The Whitney of Wye scheme has been tendered as a design and build commission. However, no returns have been received from the market. Consequently, as we are unable to progress to the delivery of this scheme via this procurement route, it is discontinued. Analysis of feedback received during the tender period from prospective bidders suggests that there is a limited appetite in the local market for a design and build commission of this nature.
A framework has been put to the market for the various flood damage sites. However, analysis of the prices received concludes that this framework does not represent value for money for the council, when compared to other available delivery options. For this reason it is proposed that we discontinue this procurement.
As a consequence alternative delivery options are sought for both the Whitney on Wye scheme and the various flood damage sites.
In regard to the Whitney on Wye scheme, it is proposed that these works are procured through a two stage approach, as follows:
• the first for the investigation and design work, culminating in the production of a final design and all associated specifications and tender documentation. This first stage is proposed to be commissioned from Balfour Beatty Living Places through the Public Realm Services Contract.
• the second stage will be for the works in accordance with the design works as the product of the first commission. Meaning that the second works tender will follow once the Balfour Beatty Living Places have produced an outline design...
The first stage can be commissioned following this decision and investigation work will be mobilised within the following month. The procurement of the second phase, the repair works themselves, will have to follow on from the completion of an outline design, this procurement would take an estimated 6 to 8 week period to complete, though work on the works tender can be progressed, to some degree, in parallel with the design process, particularly during the period following production of an outline design to completion of the final design solution. This option will ensure that value for money is secured through a competitive process for the works, whilst allowing the necessary investigations and design to progress as soon as it practicably can following this decision.
In regard to the various flood damage sites, it is proposed that these works are now procured through an open tender for the entire works. This will ensure that value for money is secured for these repair works through a competitive process. It is anticipated that this option will take approximately 10 weeks to commission.

The current equipment at these sites consists of old analogue modems
which are now obsolete and at risk of failure and therefore loss of remote
energy control.

An Exemption to Contract Procedure Rules was sought and approved to
procure the works direct from Trend as the council’s BMS system is a
closed protocol system manufactured by Trend Controls Limited and they
have provided quotations amounting to £8,911.36 to upgrade both sites.

To enable Balfour Beatty to carry out surface dressing works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

To secure adopted publicly maintained highway works constructed to the proper standards for the benefit of the community

The Engineering Team currently utilises outdated survey tools to support its activities. This decision seeks to replace those tools with modern equipment, which will reduce resources required for survey activities, improve accuracy and enable more details relating to the network to be checked and/or measured. This decision will enable a range of activities relating to the highway service to be more effectively undertaken and better records kept.

Eligible businesses have received a “Restart Grant” from either the LRSG or the ARG funds. Available from 1st April 2021, this support was designed to mitigate the impact of the continuing restrictions and prepare businesses for reopening as restrictions gradually lifted.

On 14th June 2021 the government delayed the full relaxation of the existing COVID19 restrictions until at least the 19th July 2021. This has effectively extended the period of significant trading restrictions for a large number of businesses in specific sectors including, but not limited to: nightclubs, theatres, the travel and tourism sector, events industries, and wedding industries.

The government has promised to review the lifting of restrictions but there is the potential for a further extension of the restrictions impacting these businesses and, in the case of foreign travel, policy decisions regarding British citizen travel will be made by individual foreign governments.

The council have received queries from businesses, who continue to be impacted by the COVID19 restrictions, about the availability of additional financial support. Government has not allocated any additional funding to compensate businesses in this situation but has made it clear that local authorities have the ability and discretion to make payments using the ARG funds.

Officers have identified approximately 30 businesses, already in receipt of ARG restart funding, who could be impacted by the delay in lifting restrictions. These are primarily in the travel or tourism sector but also businesses such as events, mobile bars, and mobile performers. This figure could rise as more ARG applications are received.

It is more difficult to identify impacted businesses in receipt of LRSG funds as the information is primarily held on the premises and not the business, and there has been no application process. Officers have received queries from approximately 20 businesses, who consider themselves impacted by the delay in lifting restrictions, regarding additional financial support. Again this figure could rise depending on businesses coming forward.

To address the ongoing impact on these businesses, until the restrictions have been fully lifted, it is proposed that the council make an additional payment to impacted and eligible businesses from the remaining ARG funding. To be eligible businesses must:
• have received a verified LRSG or ARG grant;
• continue to have their reopening significantly impacted by the delay in lifting the COVID19 restrictions, and;
• be one of the following types of business: travel agent or tour operator, event or wedding venue, performer, mobile bar or catering serving events or weddings, theatre, or nightclub. Other businesses may be added to this list at the discretion of the Head of Economic Development or Head of Corporate Finance.

In exceptional cases the council will consider providing support to a business significantly impacted by the delay in lifting restrictions who is not one of the business types listed above or who has not previously received support. These cases will be approved by either the Head of Economic Development or the Economic Development Manager in consultation with the Head of Corporate Finance.

For businesses currently in receipt of ARG funds, it is proposed to pay an additional payment equal to the Discretionary Restart Grant (DRG) payment they received. Payments will be between £1,334 and £8,000 depending on the scale of loss and number of employees within the business.

For businesses currently in receipt of LRSG funds, it is proposed to make a payment equal to the Restart Grant payment they received. Payments will be between £2,667 and £18,000 depending on the rateable value of the hereditament.

In exceptional circumstances the Head of Economic Development in consultation with the Head of Corporate Finance has the authority to vary payments to businesses.

As a scheme targeted at existing applicants an application process will not be required however proof of trading checks will be required and, to comply with the government’s ARG criteria the Council will need to ensure it holds the following information for each business:
a) Name of business
b) Business Trading Address including postcode
c) Unique identifier
d) High level SIC Code
e) Nature of Business
f) Date business established
g) Number of employees
h) Business rate account number (if applicable)
i) Cumulative total of previous funding received under all COVID-19 grants schemes

Businesses not currently in receipt of either ARG or Restart funds will be signposted via the council COVID business support webpages to the business@ email address where they will be asked to outline how they have been impacted by the delay in lifting restrictions.

Training is needed in order to maximise the use of the PowerBI reporting solutions. This system will allow the service to improve and speed up the provision and visualisation of a range of datasets across the council.

Training will cover an introduction to the product, an in-depth understanding of how to manage the data and data connections available and required, as well as in depth coverage of how the product can visualise the data in order to present the information in an interactive way. This covers a minimum of 20 people benefitting from in-depth training.

This supports one of the developments identified in the council’s Delivery Plan (CO0.2 - Improve the capacity and capability of data management and use of systems to drive efficiencies and maximise user experience) and improvements in provision and understanding the council’s data, would support all objectives within the County Plan.

Checks were done with other providers to establish price comparability, as well as trying to establish the length of lead time for training, in order to establish value for money as well as the availability.

To enable Gigaclear to carry out fibre installation works under temporary traffic signals within the highway, for which purpose the Council, as highway authority, consider the HGV restriction of the road is required due to the likelihood of danger to highway users while the said works are being carried

To enable Welsh Water
to carry out new service installation works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

To enable Welsh Water
to carry out Stop Tap Chamber rebuilding works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

This is a decision to take part in the Environment Agency’s roll out of Second Cycle Flood Risk Management Plans. This is a national initiative covering flood risk policies in England which is consistent with Herefordshire Council’s Local Flood Risk Management Strategy.

Flood Risk Management Plans set out day to day work undertaken by the Environment Agency and lead local flood authorities. They have been developed with the Association of Directors of Environment Economy Planning and Transport (ADEPT) Flood and Water Group who represent lead local flood authorities.

The Flood Risk Management Plan measures have been split into the four categories of prevention, protection, preparedness and recovery and review to align with the 2009 Flood Risk Regulations. They have been written in a specific measurable achievable realistic and timebound (SMART) format so that they are consistent with other measures in flood risk management plans. They link to existing legal powers and duties as set out in the Flood and Water Management Act 2010 and other relevant policy, legislation and guidance and so should not place any undue burden on lead local flood authorities. Measures specific to actions in Herefordshire have also been developed.

Further details of the measures can be referred to in Appendix A

To prosecute the defendant for an offence under the Road Traffic Regulation Act 1984, Section 117

To enable BBLP to carry out drainage works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

To enable BBLP to carry out gully installation and drainage works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

To enable BBLP to carry out footway remedial and resurfacing works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

Directorate scheme of delegation: updated 28 April 2021 Directorate:
Economy and Place, section 75

To act on behalf of the council in respect of the legislation specified in the foregoing:

Traffic Management Act 2004, Road Traffic Act 1988, Cycle Tracks Act 1984, Highways Act 1980, National Parks and Access to the Countryside Act 1948, New Roads and Street Works Act 1991, Road Traffic Regulation Act 1984, Town and Country Planning Act 1990, Town Police Clauses Act 1847, Traffic Calming Act 1992, Wildlife and Countryside Act 1981

To enable BT Openreach to carry out pole testing works within the highway, for which purpose the Council, as highway authority, consider the closure of the road is required due to the likelihood of danger to highway users while the said works are being carried out.

The Environment Agency has approved the allocation of flood and coastal erosion risk management (FCERM) Grant in Aid (GiA) funding for the first year of their new six year programme, including the Ayles Brook (£73k) and Wellington (£35k) projects.

Through Annex 7 of the public realm annual plan, BBLP support the council in its role as a Lead Local Flood Authority (LLFA). These locations are settlements within the county at which the council has been trying to mitigate flood risk and investigative works by BBLP have identified the preferred approach of a hydraulic modelling study of the Ayles Brook and feasibility works at Wellington.

These projects will be delivered within the grant allocation of £108k

To ensure that the council manages its transport services effectively whilst also meeting its statutory duties and ensures children are transported to school in line with eligibility. The students transported on these school contracts having statutory entitlement.

To contribute to the Highways and Transport savings target S18 set for the 2021/22 financial year “Review all mainstream school and college bus transport provision utilising bespoke journey planning software to develop more efficient routes, optimise vehicle use and reduce contracting costs”.

To ensure that the council manages its transport services effectively whilst also seeking to achieve value for money, realise service efficiencies and contribute to ongoing savings requirements whilst also meeting its statutory duties and ensures children are transported to school in line with eligibility.

The procurement of these contracts has been carried out as part of a review of all mainstream educational contracts throughout the County. A number of geographical areas will be tendered over a 3 year period.

To implement the recorded officer decision ‘Retendering programme for mainstream school and college transport’ dated 19 January 2019.

To contribute to the Highways and Transport savings target S18 set for the 2021/22 financial year “Review all mainstream school and college bus transport provision utilising bespoke journey planning software to develop more efficient routes, optimise vehicle use and reduce contracting costs”.

To ensure equal access to services for people with disabilities and ensure that the council operates its educational transport services in accordance with the Public Service Vehicle Accessibility Regulations (PSVAR) dated 1st January 2020.

Within the programme of capital investment works in the 2021/22 annual plan there are a number of projects that require licence agreements and easements to deliver the construction works.

The link to the decision is: Issue details - Public Realm annual plan programmes of work - Herefordshire Council

The heads of terms have been agreed by the councils appointed agents Bruton Knowles.

A number of these projects include works within rivers where there is a limited window where the Environment Agency will permit the works to taken place. It is therefore essential that works are delivered in line with programme.

The costs for the agreements are funded by the Local Transport Plan capital budget and are included in the current budgets for the schemes.

1. Direct award of contract to Attenti Consulting for the provision of a qualified Children’s Social Care Audit team for 13-weeks months at a total cost of £467,870
2. Engagement of Caritas Recruitment agency for the provision of 33 new appropriately qualified staff roles for 13-weeks, administered via the Council’s existing Matrix agency staffing arrangements, to strengthen various teams across children’s social care at a total cost of £857,704, plus worker expenses of a cost £71k