Note

Please read the note below before using this Model Document

The Fire and Rescue Services and Police Procurement Pack has been produced by Local Partnerships, DCLG and the Home Office, originally in consultation with Denton Wilde Sapte (legal advisers), PKF (financial advisers) and Hewitt Freeborn Associates (technical advisers) (together the 'Advisers') to provide assistance to Police / Fire and Rescue Authorities in the procurement of Police / Fire Station projects through a public private partnership or through the Private Finance Initiative.

This Standard Form Fire and Rescue Services and Police PFI Project Agreement has been published in good faith by Local Partnerships/DCLG with the help of their Advisers, and neither Local Partnerships, DCLG and the Home Office nor their Advisers shall incur any liability for any action or omission arising out of any reliance being placed on this Standard Form Project Agreement by any Police or Fire and Rescue Authority or organisation or other person. Any Police or Fire and Rescue Authority or organisation or other person in receipt of this Standard Form Project Agreement should take their own legal, financial and other relevant professional advice when considering what action (if any) to take in respect of any initiative, proposal, or other involvement with any public private partnership, or before placing any reliance on anything contained therein.

Recent Updates, May 2011

Local Partnerships have reissued this Standard Form Fire and Rescue Services and Police PFI Project Agreement to incorporate the following changes:-

• IUK permitted derogations as at March 2010

• recent developments in the Best Value framework

Local Partnerships have updated and re-issued the Standard Form Fire and Rescue Services and Police PFI Project Agreement, incorporating the following changes in accordance with Infrastructure UK requirements as at 10th October 2011:

• clarificatory amendments to the definition of Committed Standby Facility

• amendment of Equalities Legislation definition and insertion of updated Schedule 19 Equalities Requirements, including reference to Equalities Act 2010

• clarificatory amendments to the definition of Exempt Refinancing (sub-cl (c) )(ii)

• amendment of Prohibited Act definition to include Bribery Act 2010 and exclude repealed Prevention of Corruption Acts 1889-1916 and the insertion of a new contractor's Bribery Act compliance warranty;

• clarificatory amendments to the definition of limb ('I') contained in the Termination Date Discount Rate definition;

• clarificatory amendment to clause 37.7.2(b) with regard to a Prohibited Act and and cl 44.2.2 Termination for Corrupt Gifts and Fraud;

• clarificatory amendments to clause 51.1.3 (a) in respect of Estimated Fair Value definition;

• Clarificatory amendments to clause 51.3.3(a) (Termination Date Discount Rate);

• Clarificatory change to clause 54.1 (Changes to Finance agreements)

• amendment to clause 62.1.1 to facilitate compliance with transparency obligations;

• amendment to clause 71.1 with regard to Notification of proposed change of ownership provisions to provide an Authority with an opportunity to consider a proposed change of ownership and give or withhold consent before it happens; and

• amendment to Clause 71.2 to ensure Change of Ownership compliance with SoPC4.

o compliance with these changes to Model Documentation is mandatory for Fire and Rescue Services and Police PFI projects.

o The changes are effective for all Fire and Rescue Services and Police PFI projects in procurement as at 10th October 2011.

The amendments have been approved by the Department for Communities and Local Government and HM-Treasury's Infrastructure UK.

Local Partnerships LLP 2011