Decision details

Consideration was given to this report on the steps to be taken to ensure that the proposed joint waste PFI scheme receives the necessary legal certification to satisfy external financial sources.

RESOLVED

For the reasons set out in the report: -

1.      That approval be given to issue certificates under the Local Government (Contracts) Act 1997 for the purpose of the PFI waste procurement contract referred to above;

2.      That the Borough Treasurer and Head of Assets as section 151 officer be invited to sign and issue certificates on the council's behalf as the Certifying Officer;

3.      Given that the certificate is being given in a personal capacity by the certifying officer, that an indemnity be provided to the Certifying Officer ;

4.      That authority be given to the Borough Solicitor and Monitoring Officer to execute a form of indemnity (prepared on advice) in favour of the Certifying Officer and to ensure that appropriate insurance cover is either in hand, or can be written to back up that indemnity by the date of its execution;

5.      That the Certifying Officer be allowed to take independent legal advice on the form of certificate and related due diligence which may be necessary, and to pay for that legal advice. (Noting that the appointment of legal advisers will form apermitted exception under Contract Standing Order E24).

6.      That confirmation be given that the Council's common seal can be affixed to the appropriate deeds of indemnity.

7.      That it be noted and confirmed that arrangements will need to be made for the deposit of the certificate, for copies to be made available to the public and for it to be placed for inspection, and for the taking of copies of the certificate if the members of the public require, and for copies to be lodged with the Council's Monitoring Officer and Auditor;

8.      That this report be approved as a matter of record.