§ 36-91-102. Planning, Finance, Construction, Acquisition, Leasing, Operation, and Maintenance of Projects; Implementation; Lobbying Restrictions
In addition to other methods of procurement authorized by law, local governing authorities and local authorities shall be authorized to utilize the procedures of this article to provide for the planning, finance, construction, acquisition, leasing, operation, and maintenance of projects. The provisions of this article shall be an alternative to such other methods to be […]
§ 36-91-110. Definitions
As used in this article, the term: “Comprehensive agreement” means the written agreement between the private entity and the local government required by Code Section 36-91-115. “Develop” or “development” means to plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, or expand. “Local authority” means any local authority created pursuant to a local or […]
§ 36-91-111. Creation of Partnership for Public Facilities and Infrastructure Act Guidelines Committee; Membership; Terms; Allowances; Duties; Support
The Partnership for Public Facilities and Infrastructure Act Guidelines Committee is established to prepare model guidelines for local governments in the implementation of this article. The committee shall be composed of ten persons. Except for the local government officials or staff appointed to the committee, each committee member shall have subject matter expertise in architecture, […]
§ 36-91-112. Model Guidelines
Prior to executing any comprehensive agreement for the development or operation of a qualifying project pursuant to an unsolicited proposal received by a local government under this article, the local government shall adopt either: The model guidelines from the Partnership for Public Facilities and Infrastructure Act Guidelines Committee; or Its own guidelines as a policy, […]
§ 36-91-113. Unsolicited Proposals
If a local government adopts a rule, regulation, or ordinance affirming its participation in the process created in this article, a private entity may submit an unsolicited proposal for a project to the local government for review and determination as a qualifying project in accordance with the guidelines established by the local government. Any such […]
§ 36-91-114. Approval Process
The local government may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 36-91-113 as a qualifying project. Determination by the local government of a qualifying project shall not bind the local government or the private entity to proceed with the qualifying project. Upon the local government’s determination […]
§ 36-91-115. Comprehensive Agreement
The comprehensive agreement entered into between the local government and the private entity selected in accordance with this article shall include: A thorough description of the duties of each party in the completion and operation of the qualifying project; Dates and schedules for the completion of the qualifying project; Any user fees, lease payments, or […]
§ 36-91-116. Default and Remedies
In the event of a material default by the private entity, the local government 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 […]
§ 36-91-117. Powers
All power or authority granted by this article to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred by any other general, special, or local law and […]
§ 36-91-118. Sovereign or Official Immunity
Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local government or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, including, but not limited to, interconnection of […]