Decision details

Purpose of Report: To consider the establishment of a new Teckal company for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers to CYC, which would adhere to the Teckal exemption under Reg. 12(1) of the Public Contracts Regulations 2015 (the “New Company”).

The Executive will be asked to:

i) Further to Article 12 of the Council of the City of York’s Constitution, approve the formation of a new Teckal compliant company for the provision of agency workers to Council of the City of York.

ii) Approve the novation of the Council of the City of York’s current Contract dated 7th September 2023 for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers with the current Teckal company, City of York Trading Limited, to the New Company.

iii) Approve City of York Trading Limited to make an Inter-Company Loan to the New Company of up to £500,000 to cover the initial licensing, the first month payroll and HMRC costs for the New Company, pending payment of the initial invoice under the Contract for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers by Council.

iv) Delegate authority to the Director of Governance to negotiate, draft and conclude with City of York Trading Limited all necessary documentation linked to the formation of the New Company (including (but not limited to) the New Company’s Articles of Association, Shareholder’s Agreement, the Novation of the Contract dated 7th September 2023 for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers between the Council of the City of York and the City of York Trading Limited to the New Company, and the Inter-Company Loan between City of York Trading Limited and the New Company.

Please note that further report(s) will be taken to Executive at the proper time to approve and ratify the Articles of Association, Members Agreement, Service Contract and any other governance documents and arrangements in relation to the Newco in accordance with Art. 12 of the Constitution.

This item has been postponed to the 18 July 2024 due to the pre election period.

Resolved:

                      i.         Further to Article 12 of the Council of the City of York’s

Constitution, approve the formation of a new Teckal compliant company for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers to Council of the City of York;

                     ii.         Approved the novation of the Council of the City of York’s current Contract dated 7th September 2023 for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers with the current Teckal company, City of York Trading Limited, to the New Company;

                    iii.        Approved City of York Trading Limited making an Inter- Company Loan to the New Company of up to £500,000 to cover the initial licensing, the first month payroll and HMRC costs for the New Company, pending payment of the initial invoice under the Contract for the Introduction of Candidates

for Direct Engagement and the Provision of Agency Workers by Council;

                   iv.        Delegated authority to the Director of Governance to negotiate, draft and conclude with City of York Trading Limited all necessary documentation linked to the formation of the New Company including (but not limited to) the New Company’s Articles of Association, Shareholder’s Agreement, the Novation of the Contract dated 7th September 2023 for the

Introduction of Candidates for Direct Engagement and the Provision of Agency Workers between the Council of the City of York and the City of York Trading Limited to the New Company, and the Inter-Company Loan between City of York Trading Limited and the New Company.

Reason:     To ensure that the Teckal compliant New Company can deliver candidates for direct engagement and agency workers to CYC in compliance with Reg. 12(1) of the Procurement Regs (and Schedule 2, Part 1, Para 2 of the Procurement Act 2023 once this comes into force later in 2024).

To ensure that CYT can continue to support CYC, whilst enabling the expansion of Work with Schools, Work with Yorkshire, and Williams & Anthony to maximise commercial opportunities and the potential dividend to CYC .