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Standard Items
VIRTUAL MEETING - LINK TO VIEW
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Also Present
MIN
In accordance with paragraph 2.6(a) of the Constitution, Councillors Malcolm and Stafford addressed the Cabinet with regard to the following items: 

Item 07 -  Care Home Support Plan - Implementation Status (Councillor Malcolm) 
Item 08 – Active Travel and Social Distancing Measures in Response to Covid-19 and to Aid (Councillors Malcolm and Stafford) 
Item 10 - Greener Ealing Business Plan 2020/21 (Councillors Malcolm and Stafford)

Also In Attendance:
Councillor Mahmood
1 Apologies for Absence
MIN1
Councillor J Anand sent apologies for lateness.
2 Urgent Matters

Item 07 - Care Homes Support Plan – Implementation Status May 2020

The proper officer has determined that this report is urgent, pursuant to para. 15(1) of the council’s Access to Information Procedure Rules.  This is because it was impractical for the report to be published on the forward plan at least 28 days in advance of the date that it is to be considered by cabinet.  The chair of Overview and Scrutiny Committee has been informed. The reason for urgency is that the need for the report has only become apparent very recently.”

Item 08 - Active Travel and Social Distancing Measures in Response to Covid-19 and to Aid Economic and Social Recovery from the Covid-19 Pandemic

The proper officer has determined that this report is urgent, pursuant to para. 15(1) of the council’s Access to Information Procedure Rules.  This is because it was impractical for the report to be published on the forward plan at least 28 days in advance of the date that it is to be considered by cabinet.  The chair of Overview and Scrutiny Committee has been informed. The reason for urgency is that it is important for appropriate measures to be implemented as soon as possible in order to protect lives

MIN2
Resolved
That Cabinet notes:
i) Item 07 - Care Homes Support Plan – Implementation Status May 2020 
The proper officer determined that this report was urgent, pursuant to para. 15(1) of the council’s Access to Information Procedure Rules. This was because it was impractical for the report to be published on the forward plan at least 28 days in advance of the date that it is to be considered by cabinet. The chair of Overview and Scrutiny Committee had been informed. The reason for urgency was that the need for the report had only become apparent very recently.
ii) Item 08 - Active Travel and Social Distancing Measures in Response to Covid-19 and to Aid Economic and Social Recovery from the Covid-19 Pandemic 
The proper officer determined that this report was urgent, pursuant to para. 15(1) of the council’s Access to Information Procedure Rules. This was because it was impractical for the report to be published on the forward plan at least 28 days in advance of the date that it was to be considered by cabinet. The chair of Overview and Scrutiny Committee had been informed. The reason for urgency was that it is important for appropriate measures to be implemented as soon as possible in order to protect lives
iii) the following urgent Individual Cabinet Member Decision taken on 12 June 2020 the reasons for urgency were set out in the agenda – 
DISCRETIONARY GRANT FUND SCHEME – Councillor Mahfouz – Finance and Leisure Portfolio
3 Matters to be Considered in Private
Item 11  contains information that is exempt from disclosure by virtue of Paragraph 5  of Part 1 of Schedule 12A of the Local Government Act 1972.

Item 13 contains information that is exempt from disclosure by virtue of Paragraph 3  of Part 1 of Schedule 12A of the Local Government Act 1972.

MIN3
There were none.
4 Declarations of Interest
MIN4
Councillor Bell declared and interest on item 8 by virtue of his membership on the TfL Board.  Councillor Bell had recused himself and not taken part in any decisions relating to funding of Councils taken by the TfL Board.
Public Items
To approve as a correct record the minutes of the Cabinet meeting held on 19 May 2020.
MIN5
Resolved:
That the minutes of the Cabinet meeting held on 19 May 2020 be agreed and signed as a true and correct record.
6 Appointments to Sub Committees and Outside Bodies
MIN6
Resolved
That Cabinet:
i) agrees the appointments to the Agreed Syllabus Conference as attached.
MIN7
Resolved
That Cabinet:
i) receives the report.

Reason for Decision and Options Considered
This report provided assurance to Cabinet regarding actions taken to support the care homes sector during the COVID-19 crisis and provided plans for future work in this area in light of the impact on COVID-19 on the market and potential for further outbreaks of the virus. 
MIN8
Resolved
That Cabinet: 
i) notes the suspension of the Council’s Local Implementation Plan, and a number of TfL funded schemes (see paragraph 2.1 of the report) for a minimum of 6 months as required by TfL 
ii) notes the funding available to the Council for transport measures that would aid social distancing and encourage active travel (walking and cycling) measures to reduce the need for car journeys and potential further funding as set out in paragraph 3.2 to 3.5 of the report.
iii) notes and approves the current “long list” of potential COVID transport measures as the basis of the programme of measures to be implemented by the Borough as set out in Appendix 1 of the report.
iv) delegates authority to the Director of Place Delivery to apply for funding from TFL and design COVID transport measures that improved social distancing and encouraged active travel modes based on the “long list” and enter into any necessary grant agreements to secure the funding. 
v) delegates authority to the Director of Place Delivery to agree individual schemes following consultation with the Portfolio Holder for Environment and Highways and the Portfolio Holder for Regeneration and Transport.
vi) supports the exercise of the Director of Place’s existing delegated functions to implement any necessary measures to progress agreed schemes including:
- Creating the necessary traffic orders, 
- Putting temporary parking suspensions in place, 
- Implementing signing/lining, placement of temporary infrastructure. 
- Enforcing the traffic orders by use of camera technology

Reason for Decision and Options Considered
This COVID-19 public health emergency and its associated lockdown had created unprecedented new requirements on the streets of the Borough and the rest of the UK.  At the same time, the Borough’s normal funding for transport measures through the Local Implementation Plan (LIP) in 2020-21 approved by Cabinet on 17 March 2020 (£2.918M capital & £1.457M revenue) had been suspended by Transport for London (TfL) for a minimum of 6 months.  A number of discretionary TfL funds had also been suspended until at least September, including Quietways (£0.15M), Bus Priority (£0.4M) and West Ealing Liveable Neighbourhood (£1.07M).

TfL reached an agreement with central Government for funding of Borough led transport measures that would aid social distancing and encourage active travel (walking and cycling) measures to enable to reduce the need for car journeys. In addition, two further funding pots had been made available by Government: the Reopening High Streets Safely Fund from the European Regional Development fund (ERDF) and the Emergency Active Travel Funding from central Government direct to the Borough which were for similar schemes.  Additionally, there was another potential funding source from central Government still to be confirmed.

Although the criteria for each funding pot were similar, each of the funding pots came with guidance, which dictated how the funding could be spent, meaning that options were limited to the criteria defined in the relevant guidance.

Given the urgency of the situation, these measures would also have to be implemented very quickly, in order to enable maximum public safety, maximise the benefit to Ealing’s residents, businesses and local economy and comply with the terms of the funding.
MIN9
Resolved
That Cabinet: 
i) notes that Ealing Council would be the Accountable Body and lead on the Sponsorship, Procurement and Commissioning of the WLA Covid-19 Employment Response programme in West London on behalf of itself and the West London Alliance (WLA) boroughs; which would also be available for any other London Boroughs to join.
ii) notes that the Director of WLA will use the delegation in article 2.3.3 of part 8 of the Council’s Constitution “Delegations to All Directors” “Applying for financial assistance: To apply for grants and / or other financial assistance in respect of their service (or part)”; following consultation with the Director of Legal and Democratic Services and the Chief Finance Officer, to take all necessary steps with DWP, GLA and London Councils to enter into necessary agreements on behalf of the London Borough of Ealing to secure external grant funding, including European Social Funding (ESF).
iii) authorises the Director of WLA to invite and evaluate tenders on behalf of the London Borough of Ealing as Lead Authority for a contract for the provision of a Covid-19 Employment Response Programme (job search services) for people who had become unemployed as a result of the Coronavirus pandemic  across the WLA boroughs; with the option to allow other London Boroughs to participate and be included within the scope of the contract. The contract period would be dependent on the funders requirements, and would include options to extend, the total value has yet to be determined, but would be considerably in excess of the EU Procurement Threshold for Services contracts, with figures in excess of £13m under discussion. 
iv) authorises the Director of WLA, following consultation with the Director of Legal and Democratic Services and the Chief Finance Officer, to determine the Procurement approach; and the start date for the procurement for the contract for the WLA Covid-19 Employment Response Programme subject to the necessary funding commitment being in place.
v) authorises the Director of WLA, following consultation with the Director of Legal and Democratic Services and the Chief Finance Officer, to vary and extend the WLA Work and Health Programme contract with The Shaw Trust Limited for a further period of 2 years and to increase volumes of places made available on Work and Health Programme from 2 September 2020 and consequently increase the contract value by up to 50% of its value; should it be considered the most economically advantageous approach for any monies made available by DWP and ESF for the delivery of the programme. The total value of extending the contract for a further 2 years and varying the contract to increase volumes of places from 2 September 2020 was up to £13m. 
vi) delegates authority to the Director of WLA, to award a contract to the most economically advantageous tender(s) for the contract for the WLA Covid-19 Employment Response Programme, following consultation with the Director of Legal and Democratic Services and the Chief Finance Officer. 
vii) delegates authority to the Director of WLA to increase the WLA Covid-19 Employment Response Programme contract value by up to 50% should further monies become available from DWP and ESF for the delivery of the programme. 

Reason for Decision and Options Considered
The justification for the amendment to the recommendations in the published report was as follows: since the publication of the meeting papers, it had become clear that; for the urgent Covid -19 employment response programmes in London to be devolved; the procurement may need to be undertaken on a pan-London basis.

As a result of the Coronavirus pandemic, the number of Universal Credit starts in the West London JCP district was up 500% compared to the same period last year, with an unknown number more furloughed and at risk of unemployment when the current furlough scheme ended.

The EU Commission had stated that European Social Funding (ESF) would temporarily not be required to be matched.

In January 2017, Ealing Cabinet agreed a set of recommendations that resulted in the London Borough of Ealing becoming Co-Financing Organisation (CFO) for ESF.  This CFO status, which had only been granted to 5 Local Authorities in the UK, allowed us to directly benefit from the unmatched ESF funding.

As a result, London Borough of Ealing had been asked to apply for un-spent ESF money from the 2014-2020 ESF Programme.  

DWP had bid to Treasury for additional funding to increase the capacity of the Work and Health Programme, as many of the people who had become unemployed as a result of the current event, met the criteria for participating in the Work and Health Programme.  They also were seeking to extend the existing Work and Health Programme contract beyond its current term,  for a duration  of 2 years from September 2020, as allowed for in the contract. 

Where it was appropriate for the Covid-19 Employment Response Programme contract to have a wider coverage than the 7 WLA boroughs; and funding was provided externally, the new contract would be available to all London Boroughs.

Co-Design of the Programme
The new WLA Covid-19 Employment Response Programme would be delivered across West London boroughs and potentially other London Boroughs and co-designed with the 7 WLA boroughs.  This would allow the new programme to be designed to more closely match local need. 

The Programme would be targeted at people who  needed to regain employment and/ or may  need to  retrain in order to access roles that continue to be in demand; and to provide support for people who may never have been unemployed.

The Programme would also target geographic areas and/or industries which have contracted due the pandemic.  For example Heathrow where we would expect significant job losses.

The design of the programme would allow for “lotting” of the Tender, to ensure that sector specialists were able to bid for specific elements of the programme.  As a result more than one bidder may be appointed.

Governance and Management of the Programme
The WLA Health and Employment Programmes were overseen by a Programme Board with senior level staff representing the interests of Local Authorities, JCPs, CCGs.  The Board was attended by representatives from DWP, London Councils and the GLA.  The Board was chaired by the Ealing CEO.

A Working Group supported the work of the Board, with representatives of all 7 WLA member boroughs; the two relevant JCP districts and CCGs in addition GLA, and DWP Service Users were also represented.

At a local level each WLA borough ran a “Task and Finish” group tasked with ensuring that, as employment initiatives developed and commissioned, these were “landed” in the borough. As a minimum these groups included the Local Authority, CCG and JCP; but in many boroughs included a wider group of interested parties.

Procurement of the current WLA Health and Employment programme initiatives was led by Ealing as Lead Authority on behalf of itself and the WLA boroughs.

Given the need to mobilise rapidly to meet ESF timescales, it was proposed that work to commission the WLA Covid-19 Employment Reponse Programme used the existing structures, which fitted within the overall WLA Governance. 

Procurement Approach and Timescales
The procurement route and timetable was yet to be finalised, although the WLA Covid-19 Employment Response Programme  would be procured in accordance with the requirements of Light Touch Regime services under the Public Contracts Regulations 2015 (as amended), as well as Ealing Council’s Contract Procedure Rules.  In the event of a decision to follow a  procurement process which included  an element of dialogue, the principles of transparency and equal treatment under the Light Touch Regime would apply. 

The current timescales had a deadline of the WLA Covid-19 Employment Response Programme commencing delivery in September 2020.

It should also be noted  that a Prior Information Notice (PIN)  would be issued under the CPV (Common Procurement Vocabulary) code of “Job Search Services”.  As a result, under the  Public Contract Regulations 2015 (as amended), the contract  could be procured under the Light Touch regime requirements.  While the approach proposed was fully OJEU compliant, this gave flexibility to the procurement process, if WLA felt that deviation was required. 

In the event that it was appropriate to use additional funding to increase the capacity or duration of existing service provision, the Work and Health Programme would be increased in either, or both, caseloads or duration, not exceeding 50% of the original contract value and not exceeding extensions already allowed within the contract.
MIN10
Resolved
That Cabinet:
i)  agrees the Greener Ealing Business Plan for 2020/21 appended to the report.
ii) notes and agrees that the council’s shareholder representative would agree any appropriate variations to the Greener Ealing business plan going forward.
iii) notes the progress in preparing for delivery of the council’s environmental services via Greener Ealing
iv) thanks officers across the Council, and in particular John Arnold, for their work on this project.

Reason for Decision and Options Considered

This report was the culmination of a series of reports since 2018 outlining a new approach to Ealing’s environmental services. It was agreed in 2018 that a Local Authority Trading Company (or LATCo) would be established. This was agreed over the options of bringing services in house or further competitive tendering. 

The October 2019 report to Cabinet provided an update on the set up of the LATCo, Greener Ealing, seeking approval to the draft proposed company business plan along with associated company incorporation agreements between the Council and Greener Ealing. 

This report and the attached Business Plan finalised these first steps in the life of Greener Ealing – a new company that has been created with the necessary supporting infrastructure, legal and governance arrangements – together with the financial commitment from the Council, the transfer of staff from the existing provider and a series of extensive procurement processes over the last 18 months to equip Greener Ealing with the resources to deliver Ealing’s environmental services as first envisaged two years ago. 

To ensure that the business was positioned to fully delivered on the objectives of the Council, Greener Ealing had been supported with the procurement of a new fleet of 137 emissions compliant vehicles to deliver waste/recycling, street cleansing and grounds maintenance services. Waste and recycling vehicles would be fitted with
new and improved ICT systems connecting operations to Council customer and information management systems.

Greener Ealing would have a public service ethos, and this would be reflected in the nature of support given to its staff. All staff would be paid the London Living Wage from day one, maintaining differentials (therefore all staff would benefit from an uplift in salary). All staff would have access to an improved pension scheme and for a number of former Ealing employees, admitted body access to the Local Government Pension Scheme was being sought. 

Although the use of temporary staff was commonplace in the services covered by Greener Ealing, there would be a reduction in the reliance on agency workers, prioritising the provision of permanent local employment opportunities. Greener Ealing would provide training and development opportunities for staff, identifying opportunities for advancement for front line staff to Drivers and beyond to Supervisory and Managerial levels and improve in areas where skills development had been neglected or left behind e.g. horticultural skills, vehicle fitters or HGV training – the company would grow its own. Greener Ealing would also develop a new apprenticeship programme.
MIN11
Resolved
That Cabinet:
i) authorises the extension of the existing Contract for Catering Management Services for Primary and Special schools with Harrison Catering Services Limited, dated 2 May 2013, for c£6m per annum for a duration of 1 year from 1st August 2020 to 31st July 2021, to be fully funded from schools budgets, income from parents and central government grant

Reason for Decision and Options Considered
The existing contract, currently in place with Harrison Catering Services Limited, was due to expire on 31 July 2020. A restricted tender process was undertaken during the spring and summer of 2019 which resulted in the recommendation to Cabinet to award the new contract to ISS Mediclean Limited for a period of 5 years, commencing 1st August 2020, with the option to extend for a further 2 years. The decision to award the new contract was approved by Cabinet on 15 March 2020. 

The UK Government declared the country to be in a pandemic state as of 11 March 2020 in the light of Covid-19, and subsequently introduced social distancing measures from 23 March 2020. 

Given the difficulties in mobilising a new contract of this size under the present circumstances, the risks would be significantly reduced by deferring the start date of the ISS Mediclean Limited contract to 1 August 2021.  The Ealing Schools Catering Consortium (ESCC) Committee members were consulted during March 2020 and voted in support of extending the existing contract with Harrison Catering Services Limited, following which the intention to do so was communicated to the 57 ESCC member schools on 29 April 2020.
MIN12
Resolved
That Cabinet:
i) approves the proposal to increase the planned capacity from 95 to 130. The increase would be phased with extra places in 2020 and would complete once the new accommodation had been provided when the school would typically have up to 130 students;
ii) approves the proposal for the change to the age range at John Chilton School from 2-17 to 4-19; 
iii) approves the proposal to open an additional, satellite site in a building at the Wood End Academy site in Greenford; 
iv) approves the inclusion of £129,780.00 Grant funding for High Priority Condition Works into the capital programme in 2020/21 from new Schools Condition Allocation Grant; 
v) authorises the Executive Director for Children, Adults and Public Health to seek all necessary Planning and Statutory Approvals for the schemes described in this report.

Reason for Decision and Options Considered
The Legal Framework within which Cabinet must consider the proposals was set out in section 5 of the report. 

The relevant background report seeking approval to publish the statutory notice went to Cabinet on 17 March 2020, could be accessed via the link below: Authority to publish statutory proposals for John Chilton School and Children’s Services Capital Approvals http://ealing.cmis.uk.com/ealing/Committees.aspx
MIN13
Resolved
That Cabinet:
i) approves the award of the following contracts for the provision of Property Services for the Council’s Commercial and Residential property portfolios:
Discipline 2 (Residential Surveying Services) - BNP Paribas Real Estate 
Discipline 3 (Valuation Services) - Lambert Smith Hampton Group Ltd
Discipline 4 (Estates and Property Management) - Carter Jonas LLP 
ii) delegates authority to the Director of Growth and Sustainability to enter into the contracts.  
iii) notes that all contracts would commence on the expiry of the current contract with Lambert Smith Hampton which would expire at the end of June 2020, all new contracts to take effect from July 1 2020, for a period of three years to 30 June 2023, with an option to extend for a period or periods not exceeding two years. 
iv) notes that the cost of delivering property service requirements across the Council would be funded from the available budgets within Strategic Property and recharged to the relevant service area to meet the set base revenue budget, with one off commissions or requirements which fall outside of the scope of requirements being funded direct from within the commissioning Service’s own existing budgets.

Reason for decision and Options Considered
The existing Property Services contract, awarded to Lambert Smith Hampton, would expire on 30 June 2020. 

When planning the procurement of property services from July 2020 onwards; various options were appraised, as set out in the Commercial Strategy as set out in Confidential Appendix 2 of the report.  The approach approved by Joint Contracts Board in November 2019, was to split procurement by discipline (specialism), to deliver better Value for Money and improved performance. Joint Contracts Board also approved the proposal to procure contracts via the Crown Commercial Services Estates Professional Services Framework following a Soft Market Testing exercise.  

A full procurement exercise was undertaken between February and April 2020, interest was received from 10 bidders of which 5 submitted Tenders for the different disciplines. A full Tender Evaluation Report was set out in Confidential Appendix 1 of the report. 

The successful bidders for each mini competition were as follows:
Discipline 2 - BNP Paribas Real Estate
Discipline 3 - Lambert Smith Hampton Group Ltd
Discipline 4 - Carter Jonas LLP

In order to ensure continuity of service and deliver value for money, the Council was required to enter into these contracts from 1 July 2020.
14 Date of Next Meeting
The next meeting will be held on 14 July 2020.
MIN14
Resolved    
That Cabinet:
i) notes that the next meeting of Cabinet would be held on 14 July 2020 at 7pm
Exempt Items
11 CONFIDENTIAL Appendix B - Confidential Legal Advice
  • Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;
13 CONFIDENTIAL Appendix 1 - Tender Evaluations Report
  • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
13 CONFIDENTIAL Appendix 2 - Commercial Strategy approved by Joint Contracts Board
  • Information relating to the financial or business affairs of any particular person (including the authority holding that information);

Attendance

Name
No other member attendance information has been recorded for the meeting.
NameReason for Sending Apology
No apology information has been recorded for the meeting.
NameReason for Absence
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
Councillor Julian BellItem 8by virtue of his membership on the TfL Board. Councillor Bell had recused himself and not taken part in any decisions relating to funding of Councils taken by the TfL Board.Non-PecuniaryCouncillor Bell remained in the meeting for the duration of this item.

Visitors

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