Decision details

Purpose of report: This paper seeks permission to reprocure the Council of the City of York’s (“the Council”) Community Wellbeing and Support contract for Adults for a maximum 7-year value of £6,638,625.

The contract was commissioned on 1st February 2017 from The Cyrenians Ltd. (t/a Changing Lives) in order to reduce homelessness. The Contract will expire on 31st January 2024 (the Term having previously been extended beyond the original expiry date of 31st January 2022 by a further 2-years). The current contract will need to be extended until 31st July 2024 to ensure continued delivery during the 6-month procurement process (see Annex 4 for Procurement Timelines). The current annual cost is £1,098,375 and a 6-month extension would be at a cost of £549,188.

The Executive/ Executive Member will be asked:

a) To delegate authority the Corporate Director of Adults and Integration (and their delegated officers) in consultation with the Head of Procurement (and their delegated officers) to seek Providers from the market for provision of a 3-year Community Wellbeing contract (with the option to extend the Term by 2-years, and then a further 2-years) via an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the Council’s Contract Procedure Rules under Appendix 11 of the Council’s Constitution (the “Council’s CPRs”) and the Light Touch Regime under Regulations 74 to 76 and Schedule 3 of Public Contract Regulations 2015 (the “Procurement Regs”).

b) To delegate authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of the new Community Wellbeing contract, and to award and conclude the Community Wellbeing contract following an open, fair, and transparent competitive process and evaluation criteria in compliance with the Council’s CPRs and the Light Touch Regime under the Procurement Regs.

c) To delegate authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to negotiate the provisions of, and conclude and effect entry into, of leases to the appointed provider of the new Community & Wellbeing contract of:

i. Union Terrace hostel;
ii. Robinson Court hostel;
iii. part of 16/18 Bootham;
iv. 89/91 Scarcroft Road;
v. 9 Melbourne Street; and
vi. 2 Sandringham Stree
for a Term of 7 years from and including the Commencement Date of the service contract but excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 and containing provisions entitling the Council as landlord to terminate such leases early upon expiry/termination/non-extension of the service contract .

d) To approve the extension of the current Community Wellbeing and Support Contract for Adults with Changing Lives by 6- months until 31st July 2024.

e) To delegate authority to the Corporate Director of Adults and Integration (and their delegated officers) in consultation with both the Director Governance and the Chief Finance Officer (and their respective delegated officers) to draft, negotiate and conclude any necessary documentation with The Cyrenians Ltd (Changing Lives) to extend the Contract, in compliance with the terms and conditions of the Contract, the Council’s Contract Procedure Rules set out within Appendix 11 of the Council’s Constitution (“the Council’s CPRs”) and the Council’s statutory obligations under the Public Contract Regulations 2015 (“the Procurement Regs”).

f) To delegate authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to negotiate the provisions of, and conclude and effect entry into, of further leases to The Cyrenians Ltd (Changing Lives) of the following properties::

i. Union Terrace hostel;
ii. Robinson Court hostel;
iii. part of 16/18 Bootham;
iv. 89/91 Scarcroft Road;
v. 9 Melbourne Street; and
vi. 2 Sandringham Stree
for a Term expiring on 31st July 2024 excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 and containing provisions entitling the Council as landlord to terminate such leases early upon expiry/termination/non-extension of the current extended service contract

Resolved:

                      i.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers) in consultation with the Head of Procurement (and their delegated officers) to seek Providers from the market for provision of a total 7-year Community Wellbeing contract (with initial length and breakclauses to be delegated to the Corporate Director of Adults and Integration) via an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the Council’s Contract Procedure Rules under Appendix 11 of the Council’s Constitution (the “Council’s CPRs”) and the Light Touch Regime under Regulations 74 to 76 and Schedule 3 of Public Contract Regulations 2015 (the “Procurement Regs”);

                    ii.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of the new Community Wellbeing contract, and to award and conclude the Community Wellbeing contract following an open, fair, and transparent competitive process and evaluation criteria in compliance with the Council’s CPRs and the Light Touch Regime under the Procurement Regs;

                   iii.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to negotiate the provisions of, and conclude and effect entry into, of leases to the appointed provider of the new Community & Wellbeing contract of:

a.    Union Terrace hostel;

b.    Robinson Court hostel;

c.    part of 16/18 Bootham;

d.    89/91 Scarcroft Road;

e.    9 Melbourne Street; and

f.     2 Sandringham Street

for a Term of 7 years from and including the Commencement Date of the service contract but excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 and containing provisions entitling the Council as landlord to terminate such leases early upon expiry/ termination /nonextension of the service contract;

                  iv.         Approved the extension of the current Community

Wellbeing and Support Contract for Adults with Changing Lives by 6- months until 31st July 2024;

                    v.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers) in consultation with both the Director Governance and the Chief Finance Officer (and their respective delegated officers) to draft, negotiate and conclude any necessary documentation with The Cyrenians Ltd (Changing Lives) to extend the Contract, in compliance with the terms and conditions of the Contract, the Council’s Contract Procedure Rules set out within Appendix 11 of the Council’s Constitution (“the Council’s CPRs”) and the Council’s statutory obligations under the Public Contract Regulations 2015 (“the Procurement Regs”);

                  vi.         Delegated authority to the Corporate Director of Adults and Integration (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to negotiate the provisions of, and conclude and effect entry into, of further leases to The Cyrenians Ltd (Changing Lives) of the following properties:

a.    Union Terrace hostel;

b.    Robinson Court hostel;

c.    part of 16/18 Bootham;

d.    89/91 Scarcroft Road;

e.    9 Melbourne Street; and

f.     2 Sandringham Street

for a Term expiring on 31st July 2024 excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 and containing provisions entitling the Council as landlord to terminate such leases early upon expiry/termination/non-extension of the current extended service contract.

Reason:     The proposed Community & Wellbeing contract will ensure that services are procured in line with our statutory duties and obligations under the Care Act 2014 and the Light Touch Regime under the Procurement Regs, as well as our own standing orders set out within the Council’s CPRs and to ensure the Contract is set up within the procurement timescales.