Issue - decisions

(i)        that approval be given to the award of a contract by the Islamia School governing body to  Morgan Sindall, with a maximum contract value of £6,581,839 for the construction works at Islamia Primary School, in order to provide a new-build 2FE primary school on the existing site. This approval to be conditional upon:

(a)          the contract not being awarded until full planning permission having been granted for the scheme under Part 3 of the Town and Country Planning Act 1990; and

(b)       formal agreement from Partnership for Schools to an extension of time for the Council to spend its proposed contribution to the scheme as set out in paragraph 2.3 below after August 2011. 

(ii)       that the previous award of a contract between the school and Morgan Sindall for the pre-construction services in the sum of £17,000 be noted;

(iii)      that approval be given to the allocation of £2,932,000 to the scheme from the Council’s Primary Capital Programme grant funding allocation, conditional upon the Islamia School governing body complying with the requirement referred to in paragraph (i) not to award the works contract until the two pre-conditions (a) and (b) in paragraph (i) have been satisfied, and entering into the funding agreement described in paragraph (v) below;

(iv)      that the risks attached to the allocation of funding to this scheme be noted;

(v)       that all Brent Council funding be subject to a funding agreement between the Council and the Governing Body of Islamia Primary School setting out:

(i)            The respective contributions of the two parties;

(ii)          In the event of any project overspend or shortfall in funding (including due to the clawback of grants by the Department for Education), the governing body will assume full liability for obtaining further funding to complete the works without further recourse to Brent Council;

(iii)         The works contract shall not be awarded by the governing body until the two pre-conditions described in paragraph 2.1 above have been satisfied;

(iv)         Appropriate provisions to apply in the event that an application for judicial review is made;

(v)          The Council funding contributions may only be spent on legitimate education facilities, as defined in government guidance, and not on ancillary facilities that form part  of the project;

(vi)         The spend of PCP monies is profiled against RIBA stages of Work, or        against an alternate agreed timeline dependent upon what formal confirmation that Partnership for Schools (PfS) are able to give about when PCP monies need to be spent by;

(vii)        The Council is not responsible for any shortfall in funding of the project, whether due to inability of the Council to hand over all of the PCP money according to the timeline because of PfS requirements as to when PCP money needs to be spent by, or otherwise. (For the avoidance of doubt,          delays to the project such that the Council is not in a position to hand over all of the PCP money according to the timeline will mean that the governing body is liable  to meet any resulting shortfall);

(viii)      Full and proper governance arrangements, approved by Brent Council,  are             established for the project to ensure it is delivered to time and budget and providing for a senior Brent Council officer representation on the project board;

 (ix)      The Council reserves the right to review its financial support for the project if        the resolution of any Judicial Review regarding the grant of planning permission for this scheme is not completed by an agreed date, or if in the Council’s opinion, delays in commencing the project render Targeted Capital Funding at a high risk of clawback;

(vi)      that authority be delegated to the Director of Regeneration and Major Projects to agree a different award of contract to that outlined in paragraph (i) abovein the event that the finalisation of contract sum by the contractor described in paragraph (i) above is not satisfactory.