Requirements of comprehensive agreement

(a) 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 618 50-5C-5 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. (b) The comprehensive agreement may include such other terms and 619 50-5C-6 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. (c) 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. (d) The comprehensive agreement may provide for the development of phases or segments of the qualifying project. History. Code 1981, § 50-5C-5, enacted by Ga. L. 2015, p. 406, § 3/SB 59. 50-5C-6. Termination for default; assumption of responsibilities and duties; eminent domain power not delegated; other powers. (a) In the event of a material default by the private entity, the responsible public entity may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the maintenance, performance, or payment bonds; other forms of security; or letters of credit required by Code Section 50-5C-5 in accordance with Code Sections 13-10-40 through 13-10-65. (b) The responsible public entity may elect to assume the responsibilities and duties of the private entity of the qualifying project, and in such case, it shall succeed to all of the rights, title, and interest in such qualifying project. (c) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this chapter. Any responsible public entity having the power of condemnation under state law may exercise such power of condemnation to acquire the qualifying project in the event of a material default by the private entity. Any person who has perfected a security interest in the qualifying project may participate in the condemnation proceedings with the standing of a property owner. (d) In the event the responsible public entity elects to take over a qualifying project pursuant to subsection (b) of this Code section, the responsible public entity may develop the qualifying project, impose user fees, and impose and collect lease payments for the use thereof. 620 History. Code 1981, § 50-5C-6, enacted by Ga. L. 50-5C-10 2015, p. 406, § 3/SB 59; Ga. L. 2017, p. 774, § 50/HB 323. 50-5C-7. Supplemental authority.