Decision details
Housing and social care non HRA PFI authority to award phase 2 of contract
Decision Maker: Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
(i) that the progress on delivery of Phase 1 of the scheme in paragraphs 3.3 to 3.5 of the report from the Director of Housing and Community Care be noted;
(ii) that approval be given to the revised total of 165 units at Phase 2 of the scheme – taking total units for Phase 1 and Phase 2 to 384 – as set out in paragraph 4.6 of the Director’s report;
(iii) that authority be delegated to the Director of Housing and Community Care, in consultation with the Director of Finance and Corporate Resources and the Borough Solicitor, to agree the variation to the PFI Project Agreement and all other related documents including those which shall be entered into by the Council with any of Brent Co-Efficient's funders or subcontractors, in order to enable financial close on Phase 2 of the project;
(iv) that the Borough Solicitor, or a delegate on her behalf, be authorised, to execute all of the legal agreements, contracts and other documents on behalf of the Council in relation to Phase 2 of this project (and such other legal agreements and documentation which may be necessary to give full effect to the variation to the PFI Contract), subject to her receiving confirmation of credit approval from the Department for Communities and Local Government or, executing such contracts and other documentation with a pre-condition that they shall only come into full effect upon the issuing of such PFI credit approval by the CLG;
(v) that the Director of Finance and Corporate Resources can issue, on behalf of the Council, such certificate or certificates under the Local Government (Contracts) Act 1997 in respect of:
a. the Deed of Amendment to give effect to the variations to the PFI Project Agreement;
b. the Direct Agreement Amendment Deed to give effect to the variations to the Direct Agreement entered into between the Council, the funders and Brent Co-Efficient; and
c. the Residual Value Amendment Deed to give effect to the revised Residual Value Deed to be entered into between the Council, Hyde Housing Association and the funders;
(vi) that the Director of Finance and Corporate Resources will be fully indemnified by the Council in the event of any claim against him arising from the provision of any Certificate he may issue in accordance with recommendations/decisions in (v) above;
(vii) that the Director of Finance and Corporate Resources can issue, on behalf of the Council, a Certificate under the Local Government (Contracts) Act 1997 in respect of the Procurement Deed to be entered into between the Council, Brent Co-Efficient and Hyde Housing Associaton;
(viii) that the Director of Finance and Corporate Resources will be fully indemnified by the Council in the event of any claim against him arising from the provision of any certificate he may issue in accordance with recommendation/decision in (vii) above.
Wards Affected: (All Wards);
Contact: Martin Cheeseman, Director of Housing and Community Care Email: martin.cheeseman@brent.gov.uk Tel: 020 8937 2341.
Report author: Councillor James Allie
Publication date: 19/03/2010
Date of decision: 15/03/2010
Decided at meeting: 15/03/2010 - Executive
Accompanying Documents:
- H&CC Hsg & Social Care PFI PDF 191 KB
- Restricted enclosure View reasons restricted