Business Arrangements

Business Model

•  The Successful Proponent is responsible for the Project over the term of the Agreement. In return, the Successful Proponent receives pre-defined payments over the term of the Agreement.

•  Payments are from the department.

•  The Province of Alberta does not guarantee any debt.

•  The structure of the contracting entity is established by the Successful Proponent to offer best value to the department.

Timing

•  Identify when the capital work is to be complete and open for use.

•  Identify the duration of the operating period.

•  Identify how early or late completion of the capital work will be dealt with.

Payments

•  Payments by the department to the Successful Proponent may consist of;

o Progress payments to offset some of the capital borrowing requirements.

o Capital payments for the remaining capital costs during the operating period.

o Operating payments during the operating period

o Maintenance payments during the operating period.

o Service payments during the operating period.

o Third party revenues

o Performance-based payment adjustments and holdbacks (on progress payments and handback deficiencies) to amounts otherwise payable. 

o Special adjustments during the operating period for predefined events.

Ownership

•  The Province of Alberta retains freehold interest in the land required for the facility and enters into a nominal amount ground lease.

•  The Successful Proponent owns all infrastructure improvements it constructs.

•  On expiry of the Project Agreement all interest in the infrastructure improvements reverts to the Province free and clear.

Tax

•  Each Proponent needs to satisfy itself of the tax consequences of the Project Agreement.

Insurance

•  Certain mandatory insurances are required as detailed in the Project Agreement.

•  Insurances must comply with Alberta legislation.

•  The Successful Proponent can obtain additional insurance.