(a) In a public-private partnership, the public sponsor is authorized to include any provision the public sponsor determines necessary or appropriate, including but not limited to the following:
(1) Provisions authorizing the private partner to impose, collect and enforce user fees, tolls, fares, rents or similar charges, including, without limitation, provisions regarding what the private partner will do with the collected monies and the technology the private partner is required to use to collect these charges.
(2) Provisions allowing the public sponsor to accept payments of money and share revenues with the private partner;
(3) Provisions addressing how the public sponsor and private partner will share development costs and allocate and manage project risks;
(4) Provisions establishing performance criteria and/or incentives;
(5) Provisions addressing the acquisition of rights-of-way and other property interests that may be required, including provisions addressing the exercise of eminent domain;
(6) Provisions addressing responsibility for reconstruction or renovations that is required in order for a facility to meet applicable government standards at the end of the term of the agreement;
(7) Provisions providing for patrolling and law enforcement on, in or for the eligible facilities;
(8) Provisions identifying any technical specifications that must be satisfied, and a process whereby the private partner may request and receive authorization to deviate from such specifications on making a showing satisfactory to the public sponsor;
(9) Provisions authorizing the private partner to receive a reasonable rate of return on the private partner's investment;
(10) Provisions regarding the private partner's compensation, including but not limited to provisions regarding the use of availability payments, retention of fees, tolls, fares, rents or similar charges, and generation and use of other revenues;
(11) Provisions specifying the conditions under which the private partner is entitled to compensation for lost revenues or other demonstrable damages resulting from the construction of a competing facility by the public sponsor or another governmental entity;
(12) Provisions specifying events of default, remedies available to the private partner and public sponsor and dispute resolution procedures, including arbitration and other alternative dispute resolution procedures; and/or
(13) Provisions regarding the maintenance and auditing of the private partner's books and records.
(b) In a public-private partnership, the public sponsor is required to include a provision that establishes the public sponsor's right to develop, maintain, repair, rehabilitate, operate or lease other projects independent of the location of those projects.