ORDERED that Executive:
1.
Approves an amendment to the report so
that recommendations in the report that reference delegated authority in
consultation with the Mayor should also include
“relevant Executive Member with portfolio responsibility” where
applicable.
2.
Approves the creation of the Local
Authority Special Purpose Vehicle (LA SPV).
3.
Appoints the Director of Environment and
Community Services as the Council’s Director on the Board of the LA SPV and
authorises them and any successors; or any substitute or deputy appointed by
the Director of Environment and Community Services should they be unavailable,
to take all decisions on behalf of the Council as Director on the Board of the
LA SPV for the good governance of the LA SPV and the Energy Recovery Facility.
4.
Authorises the Council to subscribe for
shares in and to be a shareholder of the LA SPV; and to issue a Shareholder
Resolution to approve and adopt the Articles of Association.
5.
Appoints the Section 151 Officer as the
Council’s Shareholder Representative and Authorises that Shareholder
Representative to appoint an alternative representative to act as their
substitute or deputy and authorises the Shareholder Representative and their
alternative to make decisions under the Shareholder Agreement, articles of
association etc including the making of shareholder resolutions, including a
shareholder resolution to approve and adopt the Articles of Association on
behalf of the Council.
6.
Authorises the Council to enter into the
Shareholders’ Agreement and Delegates Authority to Director of Environment and
Community Services (in consultation with the Mayor and
supported by the Monitoring Officer and Section 151 Officer) to finalise and
agree and enter into the Shareholder Agreement.
7.
Delegates Authority to Director of
Environment and Community Services (in
8.
consultation with the Mayor
and supported by the Monitoring Officer and Section 151 Officer) to authorise
the LA SPV to enter into the Shareholder Agreement.
9.
Authorises the LA SPV the enter into the
Service Level Agreement and Delegates Authority to the Director of Environment
and Community Services (in consultation with the Mayor
and supported by the Monitoring Officer and Section 151 Officer) to finalise
and agree the Service Level Agreement.
10. Authorises
the Council to enter into the Waste Supply and Support Agreement (“WSSA”) and
Delegates Authority to the Director of Environment and Community Services (in
consultation with the Mayor and supported by the
Monitoring Officer and Section 151 Officer) to finalise, agree and enter into
the WSSA with the LA SPV.
11. Delegates
Authority to the Director of Environment and Community Services (in
consultation with the Mayor and supported by the
Monitoring Officer and Section 151 Officer) to authorise the LA SPV to enter
into the WSSA.
12. Authorises
the LA SPV to award the Contract, enter into the Project Agreement with the
successful Contractor and to enter into the 50 year lease with Teesworks for the site and Delegates Authority to the
Director of Environment and Community Services (in consultation with the Mayor
and supported by the Monitoring Officer and Section 151 Officer) to finalise
and agree the Project Agreement, Lease and any associated agreements and
documentation.
13. Delegates
Authority to the Director of Environment and Community Services (in
consultation with the Mayor and supported by the Monitoring Officer and Section
151 Officer) to finalise and agree the Business Plan for the LA SPV and provide
sufficient resources to allow the LA SPV to reach Financial Close and then to
monitor and manage the Contract on behalf of, and with, the Councils for the
term.
14. Delegates
Authority to Director of Environment and Community Services (in consultation
with the Mayor and supported by the Monitoring Officer
and Section 151 Officer) to enter into Local Government (Contracts) Act 1997
Council certificates in relation to the WSSA.
15. Delegates
Authority to the Director of Environment and Community Services (in
consultation with the Mayor and supported by the
Monitoring Officer and Section 151 Officer) to finalise and agree the
Secondment Agreement and to authorise the LA SPV to enter into the Secondment
Agreement.
16. Delegates
Authority to the Director of Environment and Community Services (in
consultation with the Mayor and supported by the
Monitoring Officer and Section 151 Officer) to authorise, finalise, agree and
enter into the Cost Equalisation Agreement.
Authorises the Council to enter into a Guarantee of the Project Agreement
and a Guarantee of the Lease and Delegates Authority to the Director of
Environment and Community Services (in consultation with the Mayor
and supported by the Monitoring Officer and Section 151 Officer) to agree
finalise and to enter into the Council Guarantees.
17. Delegates
Authority to the Director of Environment and Community Services (in
consultation with the Mayor and supported by the
Monitoring Officer and Section 151 Officer) to authorise the LA SPV to enter
into and be a party to the Council’s Guarantee of the Project Agreement and the
Guarantee of the Lease.
18. Delegates
Authority to the Director of Environment and Community Service (in consultation
with the Mayor and supported by the Monitoring Officer and Section 151 Officer)
to authorise the LA SPV to enter into a Novation of the Option Agreement, Side
Deed with the Estate Owner and Environmental Deed and to authorise the LA SPV
to enter into all other necessary agreements or legal documentation to enable
the project to reach financial completion and to monitor and manage the
contract.
19. Delegates
Authority to the Director of Environment and Community Service (in consultation
with the Mayor and supported by the Monitoring Officer and Section 151 Officer)
to authorise the Council to act as Guarantor in respect of the LA SPV Side Deed
with the Estate Owner and Environmental Deed and to authorise the Council to
enter into all other necessary agreements or legal documentation on behalf of
the Council to enable the project to reach financial completion and to monitor
and manage the contract.