5-23-8-2. Public-Private Agreement Requirements
Sec. 2. (a) Before developing or operating the qualifying project, the operator must enter into a public-private agreement with the governmental body. The public-private agreement must provide for the following: (1) Delivery of performance and payment bonds, letters of credit, or other security acceptable to the governmental body in connection with the development or operation […]
5-23-8-3. Operator Requirements
Sec. 3. (a) The operator shall do the following: (1) Develop or operate the qualifying project in a manner that is acceptable to the governmental body in accordance with the provisions of the public-private agreement. (2) Maintain or provide by contract for the maintenance or improvement of the qualifying project if required by the public-private […]
5-23-5-7. Negotiation for Best and Final Offers
Sec. 7. The governmental body shall negotiate the best and final offers of responsible offerors who submit proposals that are determined to be reasonably susceptible of being selected for a public-private agreement. As added by P.L.49-1997, SEC.34.
5-23-5-8. Options Upon Receipt of Best and Final Offer
Sec. 8. After the best and final offers from responsible offerors have been negotiated under section 7 of this chapter, the governmental body shall either make a recommendation to the board to award the public-private agreement to an offeror or offerors or shall terminate the request for proposal process. As added by P.L.49-1997, SEC.34.
5-23-5-9. Public Hearing on Recommendation to Award Public-Private Agreement; Notice
Sec. 9. If a recommendation to award the public-private agreement is made to the board, the board shall schedule a public hearing on the recommendation and publish notice of the hearing one (1) time in accordance with IC 5-3-1 at least seven (7) days before the hearing. The notice shall include the following: (1) The […]
5-23-5-10. Proposals and Explanation of Recommendation; Inspection and Copying
Sec. 10. (a) The proposals and a written explanation of the basis upon which the recommendation is being made shall be delivered to the board and made available for inspection and copying in accordance with IC 5-14-3 at least seven (7) days before the hearing scheduled under section 9 of this chapter. (b) At the […]
5-23-5-11. Response to Request for Proposals
Sec. 11. After the procedures required in this chapter have been completed, the board shall make a determination as to the most appropriate response to the request for proposals and may award the public-private agreement to the successful offeror or offerors. As added by P.L.49-1997, SEC.34.
5-23-5-12. Termination of Request for Proposal Process
Sec. 12. If the request for proposal process is terminated under section 8 of this chapter, all proposals may, at the option of the governmental body, be returned to the offerors, and the governmental body may refuse to disclose the contents of the offers. As added by P.L.49-1997, SEC.34.
5-23-6-1. Original Term in Excess of Five Years
Sec. 1. (a) Under the provisions of this article, the governmental body may enter into a public-private agreement for an original term not to exceed five (5) years with board approval. (b) Any public-private agreement with an original term in excess of five (5) years must be approved by the following: (1) The board. (2) […]
5-23-6-2. Termination by Board
Sec. 2. A public-private agreement may be terminated by the board in conformity with the terms of the public-private agreement. As added by P.L.49-1997, SEC.34.