Homes for Islington (HfI) Housing PfI Clienting Contract(s)

Mr. C. Graham made this Freedom of Information request to Islington Borough Council

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Dear Islington Borough Council,

1. I request under Freedom of Information Legislation (FOI) a copy of the contracts between London Borough of Islington (LBI) and Homes for Islington (HfI), setting out works relating to the LBI Street Property Housing Private Finance Initiative (PfI) contracts I and II.

2. Please also disclose any ammendments or endorsements and addendum agreements made since the signing of the original contract(s).

Yours faithfully,

Mr. C. Graham

FOIA, Islington Borough Council

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FOIA, Islington Borough Council

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Daniels, David, Islington Borough Council

Dear Mr Graham

I refer to your request for a copy of the contracts between the council
and Homes for Islington (HfI), setting out works relating to the LBI
Street Property Housing Private Finance Initiative (PfI) contracts I
and II.

I would advise that there are no contracts between the council and HFI
setting out works to street properties under the street property PFI
initiative. HFI are responsible for administering Existing Contracts
(including the PFI contracts) on behalf of the council and this is
dealt with in the housing management agreemebnt between the council and
HFI. The relevant clause is set out below

'21 CONTRACTS TO BE ADMINISTERED AND PROCURED
Contracts to be administered
21.1 The Organisation shall act on behalf of the Council in
administering the Existing Contracts and shall in particular but without
limitation :-
21.1.1 comply with all reasonable requirements of the Council in
respect of any or all of the Existing Contracts;
21.1.2 monitor and review the performance of those contractors carrying
out the Existing Contracts;
21.1.3 subject to Clause 21.2, take all proper steps (but not including
legal action or proceedings unless so required expressly in writing by
the Council) to enforce the Existing Contracts;
21.1.4 at the request of the Council supply all information including
copies of any documents to the Council;
21.1.5 place orders under the Existing Contracts in the name of the
Council as necessary for the proper discharge of the Services and
administer the payment of such orders on behalf of the Council; and

21.1.6 liaise with the Council in respect of any renewal or re-letting
of any of the Existing Contracts and for the avoidance of doubt this
Clause 22.1 shall apply to all the Existing Contracts listed in the
First Schedule and any others relating to the Services and (if not made
in accordance with Clause 22.2) all renewals of and additions to any of
the same in respect of which the Organisation shall undertake the
administration.

21.2 If a contractor under an Existing Contract is not performing to
the reasonable satisfaction of the Organisation, the Organisation shall
be entitled to invoke the provisions in that Existing Contract for
dealing with poor performance including, where applicable, the service
of warning or material breach notices and the imposition of monetary
deductions but excluding suspension, part termination or termination
PROVIDED THAT any such formal action against a contractor under an
Existing Contract may only be taken through and with the agreement of
the Council's representative under the relevant Existing Contract . If
the performance of the contractor under an Existing Contract continues
to be unsatisfactory, the Organisation shall submit a full report to the
Council which may recommend, where applicable, suspension, part
termination or termination of the Existing Contract. If the Council
part terminates or terminates a Existing Contract then the Organisation
may procure a replacement contractor in accordance with the Council's
Contract Standing Orders (or the Organisation's own procurement
procedures when approved by the Council and adopted by the Organisation)
and applicable EU and UK public procurement Legislation. Any such
replacement contract shall be entered into by the Organisation and the
replacement contractor and shall be treated as a New Contract for the
purposes of this Agreement.

213 The Organisation acknowledges and agrees that orders for housing
planned preventive maintenance and improvements works will be:

21.3.1 ordered by the Organisation on behalf of the Council from Caxton
Islington Limited in accordance with the service contract between the
Council and that contractor for building repairs, gas servicing and
building and window cleaning; or
21.3.2 awarded by the Organisation on behalf of the Council to
contractors with approved status under the Council's existing strategic
framework agreements relating to building works where such housing
planned preventive maintenance and improvement works fall within the
scope of the above contracts.

Regards

David Daniels
Assistant Director of Law
Commercial and Environment
Islington Council
Second Floor, Town Hall, Upper Street, London N1 2UD
Tel No. 0207 527 3277
Fax No. 0207 527 3100
E-mail: [email address]
LGC Legal Team of the year.

Alternative contacts:
Helen Coyle - Property matters 0207 527 3082
Ramani Chelliah - Contract matters 0207 527 3084
Rachel Lee - Planning matters 0207 527 3171
Angela Spence - General 0207 527 3294

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