Sec. 4-259. Terms and conditions of partnership agreement. Prohibitions. Liability of contractor.
452 words·~2 min read·
/ct/title-4/chapter-55d-public-private-partnerships/4-259·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any partnership agreement executed in accordance with the provisions of sections 4-255 to 4-264 , inclusive, shall include, but not be limited to, the following terms and conditions:
(1)The term of the agreement, which shall be for a period not to exceed fifty years from the date of the full execution of the partnership agreement;
(2)A complete description of the facility to be developed and the functions to be performed;
(3)The terms of the financing, development, design, improvement, maintenance, operation and administration of the facility;
(4)The rights the state, the contractor, or both, have, if any, in revenue from the financing, development, design, improvement, maintenance, operation or administration of the facility;
(5)The minimum quality standards applicable to the project for development, design, improvement, maintenance, operation or administration of the facility, including performance criteria, incentives and disincentives;
(6)The compensation of the contractor, including the extent to which and the terms upon which a contractor may charge fees to individuals and entities for the use of the facility, but in no event shall such fee extend to the imposition of tolls on the highways of this state unless such tolls are specifically approved by the General Assembly;
(7)The furnishing of an annual independent audit report to the department covering all aspects of the partnership agreement;
(8)Performance and payment bonds or other security deemed suitable by the department;
(9)One or more policies of public liability insurance in such amounts determined by the department to ensure coverage of tort liability for the public and employees of the contractor and to provide for the continued operation of the project;
(10)A reverter of the project to the state upon the conclusion or termination of the partnership agreement;
(11)The rights and remedies available to the department for a material breach of the partnership agreement by the contractor or private entity or if there is a material default;
(12)Identification of funding sources to be used to fully fund the capital, operation, maintenance or other expenses under the agreement; and
(13)Any other provision determined to be appropriate by the department.
(b)No partnership agreement shall contain any noncompete provisions limiting the ability of the state to perform its functions.
(c)No user fees may be imposed by the contractor except as set forth in a partnership agreement.
(d)The partnership agreement shall not be construed as waiving the sovereign immunity of the state or as a grant of sovereign immunity to the contractor or any private entity.
(e)No contractor shall be liable for the debts or obligations of the state or the department, unless the partnership agreement provides that such contractor is liable under such agreement.