Whereas

(A)  In accordance with the Government's Private Finance Initiative and pursuant to a notice published in the Official Journal of the European Union on [], the Authority invited expressions of interest from appropriately qualified consortia for services relating to the design, installation, operation, and maintenance of street lighting within [] for a period of twenty five (25) years from the Planned Service Commencement Date.1

(B)  By virtue of, inter alia, Section 1(2) of the Highways Act 1980 the Authority is the highways authority for [].

(C)  The Authority is a Best Value Authority under the Local Government Act 1999 and the functions in respect of which the Authority wishes to procure services are functions to which the general duty set out at Section 3(1) of the Local Government Act 1999 applies.

(D)  The Service Provider has submitted proposals to the Authority setting out how it will meet the Authority's requirements relating to the provision and maintenance of public lighting within [].

(E)  The Authority has selected the Service Provider for the provision and maintenance of public lighting within [] pursuant to this Contract.

(F)  By the Local Authorities (Contracting Out of Highway Functions) Order 1999 [and the Local Authorities (Contracting Out of Highway Functions) (England) Order 2001, both] made under the Deregulation and Contracting Out Act 1994, the Authority has power to contract out the Service.

(G)  The parties intend and consent to this Contract to be a certified contract within the meaning of Section 2 of the Local Government (Contracts) Act 1997, and the certification requirements (within the meaning of Section 3 of that Act) are intended to be satisfied by the Authority before the end of the certification period of [six (6) weeks] beginning with the day on which the Authority entered into this Contract.

It is agreed




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1  To be amended if, on a project specific basis, the period is different.