(A) The Authorities are in the process of jointly procuring (through the UK Government's Private Finance Initiative) the award of a contract for a project involving the design, build, financing and operation of long term residual waste treatment facilities ("the PFI/ PPP Project").
(B) The Authorities have agreed to work together in the joint procurement of the PFI/PPP Project and this Agreement sets out the terms of the joint working arrangements for the PFI Project and the appointment of X Council as Lead Authority in carrying out the Procurement Milestones.
(C) The Authorities wish to enter into this agreement and implement the PFI Project pursuant to the powers conferred on them by Section 51 and 55 of The Environmental Protection Act 1990, Section 19 of The Local Government Act 2000, and Regulation 7 Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000.
(D) The Authorities have agreed that, following the successful award of the Project Agreement, they will enter into an agreement which will set out the respective rights and obligations of each of them in respect of the PFI Project. Such agreement ("the Second Inter Authority Agreement") is intended to reflect the terms of the Project Agreement and as such cannot be completed until the Authorities have agreed the terms of the Project Agreement.
(E) The Authorities have agreed the Heads of Terms, the principles and/or terms of which will be included in the Second Inter Authority Agreement.
(F) The Authorities have delegated sufficient authority to the Project Board, Project Director and Project Team to enable them to fulfil their roles in relation to this Agreement.
IT IS AGREED as follows: