Requirements of Comprehensive Agreement

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  2. Georgia Code
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  4. Partnership for Public Facilities and Infrastructure
  5. Requirements of Comprehensive Agreement

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  1. The comprehensive agreement entered into between the responsible public entity and the private entity selected in accordance with this chapter shall include:
    1. A thorough description of the duties of each party in the completion and operation of the qualifying project;
    2. Dates and schedules for the completion of the qualifying project;
    3. Any user fees, lease payments, or service payments as may be established by agreement of the parties, as well as any process for changing such fees or payments throughout the term of the agreement, and a copy of any service contract;
    4. Any reimbursements to be paid to the responsible public entity for services provided by the responsible public entity;
    5. A process for the review of plans and specifications for the qualifying project by the responsible public entity and approval by the responsible public entity if the plans and specifications conform to reasonable standards acceptable to the responsible public entity;
    6. A process for the periodic and final inspection of the qualifying project by the responsible public entity to ensure that the private entity's activities are in accordance with the provisions of the comprehensive agreement;
    7. Delivery of performance and payment bonds in the amounts required in Code Sections 13-10-40, 13-10-41, and 13-10-60 and in a form acceptable to the responsible public entity for those components of the qualifying project that involve construction, and bonds, letters of credit, or other forms of security acceptable to the responsible public entity for other phases and components of the development of the qualifying project;
    8. Submission of a policy or policies of public liability insurance, copies of which shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to ensure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project;
    9. A process for monitoring the practices of the private entity by the responsible public entity to ensure that the qualifying project is properly maintained;
    10. The filing of appropriate financial statements to the responsible public entity on a periodic basis; and
    11. Provisions governing the rights and responsibilities of the responsible public entity and the private entity in the event the comprehensive agreement is terminated or there is a material default by the private entity, including conditions governing assumption of the duties and responsibilities of the private entity by the responsible public entity and the transfer or purchase of property or other interests of the private entity by the responsible public entity, including provisions compliant with state constitutional limitations on public debt.
  2. The comprehensive agreement may include such other terms and conditions that the responsible public entity determines will serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including, without limitation, provisions regarding unavoidable delays and provisions where the authority and duties of the private entity under this chapter shall cease, and the qualifying project is dedicated to the responsible public entity.
  3. Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment.
  4. The comprehensive agreement may provide for the development of phases or segments of the qualifying project.

(Code 1981, §50-5C-5, enacted by Ga. L. 2015, p. 406, § 3/SB 59.)


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