Prohibited terms in state contracts

(a) A contract entered into pursuant to this part shall not contain a term that: (1) Requires the state or any agency, authority, board, bureau, commission, department, institution, or any other entity thereof to: (A) Defend, indemnify, or hold harmless another person; or (B) Be bound by terms and conditions that are unknown at the time of signing such contract or which may be unilaterally changed by the other party; (2) Provides for: (A) A person other than the Attorney General to serve as legal counsel for the state or for any agency, authority, board, bureau, commission, department, institution, or any other entity thereof; (B) A venue for any action or dispute other than the Superior Court of Fulton County, Georgia, as provided in Code Section 50-21-1; (C) The contract to be construed in accordance with the laws of a state other than the State of Georgia; (D) Binding arbitration; or (E) An automatic renewal such that state funds are or would be obligated in subsequent fiscal years; or (3) Is inconsistent with the provisions of Article 4 of Chapter 18 of this title, relating to open records. (b) If a contract entered into pursuant to this part contains a term prohibited under subsection (a) of this Code section, such term shall be void, and the contract shall be otherwise enforceable as if it did not contain such term. 534 50-5-64.1 DEPT. OF ADMINISTRATIVE SERVICES 50-5-67 (c) The Department of Administrative Services shall maintain a copy of this Code section on its website. History. Code 1981, § 50-5-64.1, enacted by Ga. L. 2020, p. 356, § 2/HB 953. Effective date. This Code section became effective January 1, 2021. 50-5-65. Transfer of personal property titles to effectuate lease purchases; authority; form. (a) The Department of Administrative Services is authorized to make transfers of title to personal property titled in the name of any department, agency, or institution of the state to private individuals, corporations, or firms for the purpose of effectuating lease purchases of such property between the owning department, agency, or institution and the private individuals, corporations, or firms. Transfers of title shall be made only in conjunction with the execution of a lease purchase agreement between an agency, department, or institution of the state and the transferee acquiring title; and the agreement shall be consummated on the standard agreement form developed pursuant to Code Section 50-5-64. (b) The departments, agencies, and institutions of the state are authorized to accept the title to property, subject to a contract for lease purchase or installment purchase, upon execution of the aforementioned standard agreement by the Department of Administrative Services; and the department is authorized to transfer title back to the vendor in the name of the department, agency, or institution in the event that the agreement is not fully consummated. History. Ga. L. 1980, p. 90, § 1. 50-5-66. Department to compile and consolidate all estimates.