Decision details

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

Decision Maker: Chief Operating Officer

Decision status: Decision Made

Is Key decision?: No

Is subject to call in?: No

Decision:

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.

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.

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.

Publication date: 30/09/2024

Date of decision: 26/09/2024

Accompanying Documents:

 

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