OFFICER DECISION

 

 

Decision: Extension to Yorwaste Contract (Services Delivered by Yorwaste Ltd using the Teckal Procurement Exemption)

Decision Date: 26th September 2024

Type of Decision: Director                                      Key

 

    Non-Key

x

Portfolio Area that decision relates to:

Leader (inc Corporate Services, Policy, Strategy & Partnerships)

 

Environment and Climate Emergency

x

Economy & Transport

 

 

Finance, Performance, Major Projects & Equalities

 

Children, Young People and Education

 

Children, Young People & Education

 

Health, Wellbeing and Adults Social Care

 

Housing, Planning & Safer Communities

 

Background / Decision Summary:

In September 2015 both CYC and NYCC and Yorwaste entered into a ten year contract (“the Services Contract”) , with the option of a five year extension, for the provision of waste management services utilising the Teckal exemption.   This followed approval by Executive in March 2015 Decision - Yorwaste Limited and Implementation of the Teckal Exemption (york.gov.uk)

CYC and Yorwaste entered into separate services contracts at the same time.

 

Services for CYC include waste management and collecting and disposing of commercial waste including confidential waste.

 

The individual services provided are detailed in a series of schedules to the Services Contract (“Schedule”); each Schedule setting out the specification in relation to each service. The addition or removal of services is practically achieved by varying the agreement.

 

Although there have been changes to national policy and waste legislation, the current CYC and Yorwaste Services Contract allows the ability for the Council to change services specified within the Schedules to react to policy already changed and any impending legislation. Therefore, the current contract provides the necessary flexibilities to complete any changes under a ‘change control notice‘.

 

Under the terms of the contract which expires on 30th September 2025, there is provision to extend the contract for a period of 5 years (i.e. to September 2030). The stipulation within the contract is that to invoke this extension a 12 month notice period must be provided to Yorwaste.

 

Therefore, it is recommended that the Council extends the current contract to September 2030.   

Options Considered:

 

Under the terms of the contract which expires on 30th September 2025, there is provision to extend the contract for a period of 5 years (i.e. to September 2030). The stipulation within the contract is that to invoke this extension a 12 month notice period must be provided to Yorwaste. This is the recommended option.   

 

Options Rejected:

 

Not to extend the contract. This was not considered to be an option given that the contract is meeting the Council’s expectations in relation to the management of waste and recycling.

 

Consultation Process:

 

All relevant internal services (Procurement, Legal, Finance) have been consulted in relation to the decision.

 

Implications

Crime & Disorder

 

 

Equalities

 

Highways

 

Human Resources

 

 

Legal

 

ICT

 

Financial

 

x

Affordability

 

Property

 

Climate Change

 

 

Health

 x

Other

 

Environment

 

x

Human Rights

 

 

 

Implications Contact:

 

 

 

Ben Grabham (Head of Environmental Services)

 

Level of Risk:

 

 

 

 

 

Acceptable

 

 

 

Wards Affected:


All Wards

x

Fishergate

 

Holgate

 

Rural West York

 

Acomb

 

Fulford & Heslington

 

Hull Road

 

Strensall

 

Bishopthorpe

 

Guildhall

 

Huntington & New Earswick

 

Westfield

 

Clifton

 

Haxby & Wigginton

 

Micklegate

 

Wheldrake

 

Copmanthorpe

 

Heworth

 

Osbaldwick & Derwent

 

 

Dringhouses & Woodthorpe

 

Heworth Without

 

Rawcliffe & Clifton

 

 


 

 

Comments/Observations: The service will be required under the terms of the contract to provide a letter to Yorwaste providing 12 months’ notice to extend the contract. This will be completed by the Head of Environmental Services.

 

Decision: To approve the extension to the Yorwaste Contract (Services Delivered by Yorwaste Ltd using the Teckal Procurement Exemption) by 5 years to 30th September 2030.

 

Decision Made by: Director of City Development

Contact Details: Claire Foale – claire.foale@york.gov.uk

 

On behalf of: Ian Floyd, Chief Operating Officer

To be implemented by:

Head of Environmental Services

 

On Completion – Signed off by:

 

  Claire Foale

  Interim Director of City Development

 

Date: 26.9.24