A. Prior to developing or operating the qualifying project, the privateentity shall enter into a comprehensive agreement with the responsible publicentity. The comprehensive agreement shall provide for:
1. Delivery of maintenance, performance and payment bonds, letters of creditin connection with the development or operation of the qualifying project, inthe forms and amounts satisfactory to the responsible public entity and incompliance with § 2.2-4337 for those components of the qualifying projectthat involve construction;
2. Review of plans and specifications for the qualifying project by theresponsible public entity and approval by the responsible public entity ifthe plans and specifications conform to standards acceptable to theresponsible public entity. This shall not be construed as requiring theprivate entity to complete design of a qualifying project prior to theexecution of a comprehensive agreement;
3. Inspection of the qualifying project by the responsible public entity toensure that the private entity's activities are acceptable to the responsiblepublic entity in accordance with the provisions of the comprehensiveagreement;
4. Maintenance of a policy or policies of public liability insurance (copiesof which shall be filed with the responsible public entity accompanied byproofs of coverage) or self-insurance, each in form and amount satisfactoryto the responsible public entity and reasonably sufficient to insure coverageof tort liability to the public and employees and to enable the continuedoperation of the qualifying project;
5. Monitoring of the practices of the private entity by the responsiblepublic entity to ensure that the qualifying project is properly maintained;
6. Reimbursement to be paid to the responsible public entity for servicesprovided by the responsible public entity;
7. Filing of appropriate financial statements on a periodic basis; and
8. Policies and procedures governing the rights and responsibilities of theresponsible public entity and the private entity in the event thecomprehensive agreement is terminated or there is a material default by theprivate entity. Such policies and guidelines shall include conditionsgoverning assumption of the duties and responsibilities of the private entityby the responsible public entity and the transfer or purchase of property orother interests of the private entity by the responsible public entity.
B. The comprehensive agreement shall provide for such user fees, leasepayments, or service payments as may be established from time to time byagreement of the parties. A copy of any service contract shall be filed withthe responsible public entity. In negotiating user fees under this section,the parties shall establish payments or fees that are the same for personsusing the facility under like conditions and that will not materiallydiscourage use of the qualifying project. The execution of the comprehensiveagreement or any amendment thereto shall constitute conclusive evidence thatthe user fees, lease payments, or service payments provided for comply withthis chapter. User fees or lease payments established in the comprehensiveagreement as a source of revenues may be in addition to, or in lieu of,service payments.
C. In the comprehensive agreement, the responsible public entity may agree tomake grants or loans to the private entity from time to time from amountsreceived from the federal, state, or local government or any agency orinstrumentality thereof.
D. The comprehensive agreement shall incorporate the duties of the privateentity under this chapter and may contain such other terms and conditionsthat the responsible public entity determines serve the public purpose ofthis chapter. Without limitation, the comprehensive agreement may containprovisions under which the responsible public entity agrees to provide noticeof default and cure rights for the benefit of the private entity and thepersons specified therein as providing financing for the qualifying project.The comprehensive agreement may contain such other lawful terms andconditions to which the private entity and the responsible public entitymutually agree, including, without limitation, provisions regardingunavoidable delays or provisions providing for a loan of public funds to theprivate entity to develop or operate one or more qualifying projects. Thecomprehensive agreement may also contain provisions where the authority andduties of the private entity under this chapter shall cease, and thequalifying project is dedicated to the responsible public entity or, if thequalifying project was initially dedicated by an affected local jurisdiction,to such affected local jurisdiction for public use.
E. Any changes in the terms of the comprehensive agreement, as may be agreedupon by the parties from time to time, shall be added to the comprehensiveagreement by written amendment.
F. When a responsible public entity that is not an agency or authority of theCommonwealth enters into a comprehensive agreement pursuant to this chapter,it shall within 30 days thereafter submit a copy of the comprehensiveagreement to the Auditor of Public Accounts.
G. The comprehensive agreement may provide for the development or operationof phases or segments of the qualifying project.
(2002, c. 571; 2003, c. 1034; 2004, c. 986; 2005, c. 865.)
A. Prior to developing or operating the qualifying project, the privateentity shall enter into a comprehensive agreement with the responsible publicentity. The comprehensive agreement shall provide for:
1. Delivery of maintenance, performance and payment bonds, letters of creditin connection with the development or operation of the qualifying project, inthe forms and amounts satisfactory to the responsible public entity and incompliance with § 2.2-4337 for those components of the qualifying projectthat involve construction;
2. Review of plans and specifications for the qualifying project by theresponsible public entity and approval by the responsible public entity ifthe plans and specifications conform to standards acceptable to theresponsible public entity. This shall not be construed as requiring theprivate entity to complete design of a qualifying project prior to theexecution of a comprehensive agreement;
3. Inspection of the qualifying project by the responsible public entity toensure that the private entity's activities are acceptable to the responsiblepublic entity in accordance with the provisions of the comprehensiveagreement;
4. Maintenance of a policy or policies of public liability insurance (copiesof which shall be filed with the responsible public entity accompanied byproofs of coverage) or self-insurance, each in form and amount satisfactoryto the responsible public entity and reasonably sufficient to insure coverageof tort liability to the public and employees and to enable the continuedoperation of the qualifying project;
5. Monitoring of the practices of the private entity by the responsiblepublic entity to ensure that the qualifying project is properly maintained;
6. Reimbursement to be paid to the responsible public entity for servicesprovided by the responsible public entity;
7. Filing of appropriate financial statements on a periodic basis; and
8. Policies and procedures governing the rights and responsibilities of theresponsible public entity and the private entity in the event thecomprehensive agreement is terminated or there is a material default by theprivate entity. Such policies and guidelines shall include conditionsgoverning assumption of the duties and responsibilities of the private entityby the responsible public entity and the transfer or purchase of property orother interests of the private entity by the responsible public entity.
B. The comprehensive agreement shall provide for such user fees, leasepayments, or service payments as may be established from time to time byagreement of the parties. A copy of any service contract shall be filed withthe responsible public entity. In negotiating user fees under this section,the parties shall establish payments or fees that are the same for personsusing the facility under like conditions and that will not materiallydiscourage use of the qualifying project. The execution of the comprehensiveagreement or any amendment thereto shall constitute conclusive evidence thatthe user fees, lease payments, or service payments provided for comply withthis chapter. User fees or lease payments established in the comprehensiveagreement as a source of revenues may be in addition to, or in lieu of,service payments.
C. In the comprehensive agreement, the responsible public entity may agree tomake grants or loans to the private entity from time to time from amountsreceived from the federal, state, or local government or any agency orinstrumentality thereof.
D. The comprehensive agreement shall incorporate the duties of the privateentity under this chapter and may contain such other terms and conditionsthat the responsible public entity determines serve the public purpose ofthis chapter. Without limitation, the comprehensive agreement may containprovisions under which the responsible public entity agrees to provide noticeof default and cure rights for the benefit of the private entity and thepersons specified therein as providing financing for the qualifying project.The comprehensive agreement may contain such other lawful terms andconditions to which the private entity and the responsible public entitymutually agree, including, without limitation, provisions regardingunavoidable delays or provisions providing for a loan of public funds to theprivate entity to develop or operate one or more qualifying projects. Thecomprehensive agreement may also contain provisions where the authority andduties of the private entity under this chapter shall cease, and thequalifying project is dedicated to the responsible public entity or, if thequalifying project was initially dedicated by an affected local jurisdiction,to such affected local jurisdiction for public use.
E. Any changes in the terms of the comprehensive agreement, as may be agreedupon by the parties from time to time, shall be added to the comprehensiveagreement by written amendment.
F. When a responsible public entity that is not an agency or authority of theCommonwealth enters into a comprehensive agreement pursuant to this chapter,it shall within 30 days thereafter submit a copy of the comprehensiveagreement to the Auditor of Public Accounts.
G. The comprehensive agreement may provide for the development or operationof phases or segments of the qualifying project.
(2002, c. 571; 2003, c. 1034; 2004, c. 986; 2005, c. 865.)
A. Prior to developing or operating the qualifying project, the privateentity shall enter into a comprehensive agreement with the responsible publicentity. The comprehensive agreement shall provide for:
1. Delivery of maintenance, performance and payment bonds, letters of creditin connection with the development or operation of the qualifying project, inthe forms and amounts satisfactory to the responsible public entity and incompliance with § 2.2-4337 for those components of the qualifying projectthat involve construction;
2. Review of plans and specifications for the qualifying project by theresponsible public entity and approval by the responsible public entity ifthe plans and specifications conform to standards acceptable to theresponsible public entity. This shall not be construed as requiring theprivate entity to complete design of a qualifying project prior to theexecution of a comprehensive agreement;
3. Inspection of the qualifying project by the responsible public entity toensure that the private entity's activities are acceptable to the responsiblepublic entity in accordance with the provisions of the comprehensiveagreement;
4. Maintenance of a policy or policies of public liability insurance (copiesof which shall be filed with the responsible public entity accompanied byproofs of coverage) or self-insurance, each in form and amount satisfactoryto the responsible public entity and reasonably sufficient to insure coverageof tort liability to the public and employees and to enable the continuedoperation of the qualifying project;
5. Monitoring of the practices of the private entity by the responsiblepublic entity to ensure that the qualifying project is properly maintained;
6. Reimbursement to be paid to the responsible public entity for servicesprovided by the responsible public entity;
7. Filing of appropriate financial statements on a periodic basis; and
8. Policies and procedures governing the rights and responsibilities of theresponsible public entity and the private entity in the event thecomprehensive agreement is terminated or there is a material default by theprivate entity. Such policies and guidelines shall include conditionsgoverning assumption of the duties and responsibilities of the private entityby the responsible public entity and the transfer or purchase of property orother interests of the private entity by the responsible public entity.
B. The comprehensive agreement shall provide for such user fees, leasepayments, or service payments as may be established from time to time byagreement of the parties. A copy of any service contract shall be filed withthe responsible public entity. In negotiating user fees under this section,the parties shall establish payments or fees that are the same for personsusing the facility under like conditions and that will not materiallydiscourage use of the qualifying project. The execution of the comprehensiveagreement or any amendment thereto shall constitute conclusive evidence thatthe user fees, lease payments, or service payments provided for comply withthis chapter. User fees or lease payments established in the comprehensiveagreement as a source of revenues may be in addition to, or in lieu of,service payments.
C. In the comprehensive agreement, the responsible public entity may agree tomake grants or loans to the private entity from time to time from amountsreceived from the federal, state, or local government or any agency orinstrumentality thereof.
D. The comprehensive agreement shall incorporate the duties of the privateentity under this chapter and may contain such other terms and conditionsthat the responsible public entity determines serve the public purpose ofthis chapter. Without limitation, the comprehensive agreement may containprovisions under which the responsible public entity agrees to provide noticeof default and cure rights for the benefit of the private entity and thepersons specified therein as providing financing for the qualifying project.The comprehensive agreement may contain such other lawful terms andconditions to which the private entity and the responsible public entitymutually agree, including, without limitation, provisions regardingunavoidable delays or provisions providing for a loan of public funds to theprivate entity to develop or operate one or more qualifying projects. Thecomprehensive agreement may also contain provisions where the authority andduties of the private entity under this chapter shall cease, and thequalifying project is dedicated to the responsible public entity or, if thequalifying project was initially dedicated by an affected local jurisdiction,to such affected local jurisdiction for public use.
E. Any changes in the terms of the comprehensive agreement, as may be agreedupon by the parties from time to time, shall be added to the comprehensiveagreement by written amendment.
F. When a responsible public entity that is not an agency or authority of theCommonwealth enters into a comprehensive agreement pursuant to this chapter,it shall within 30 days thereafter submit a copy of the comprehensiveagreement to the Auditor of Public Accounts.
G. The comprehensive agreement may provide for the development or operationof phases or segments of the qualifying project.
(2002, c. 571; 2003, c. 1034; 2004, c. 986; 2005, c. 865.)
