The agreements relating to every public private partnership arrangement should deal with the following:
• a description of the project (including information on the scope of the project), deliverables, the term and the effective date of the agreement
• payment provisions, including the time, amount and currency
• identification of the private partner's management team, including:
- identification of key individuals and covenants relating to their participation
- identification of the contract manager
- provisions for the replacement of key individuals or contract managers
- requirements for private partner representatives, officers or employees to be on site or in the community
• administrative relationships of the parties, including:
- identification of the parties' contract manager
- clarification as to whether the local government may inspect, attend on the site, monitor, measure results or otherwise administer the terms and conditions of the agreement
- a review process, pursuant to which the parties assess performance
- schedules of meetings and who should attend, in relation to contract
administration
• transfer, lease, licence or use of local government premises or facilities, including responsibilities for insurance, liability, security, operation and maintenance
• allocation of revenue from services or facilities
• acceptance of deliverables
• contract revision arising from material change (e.g., changes in technology, equivalent materials, applicable laws, acts of God or other unforeseen circumstances)
• lending, borrowing and financing arrangements, including payments, rates, security and notice
• indemnity, release and insurance provisions
• due diligence of the parties
• applicable manuals, including their preparation, approvals and amendment
• risk management strategy, including risk allocation, guarantees and warranties
• dealing with statutory and regulatory requirements
• "re-openers" to deal with major change process, including approvals, related to engaging subcontractors or other private partners
• termination provisions, including:
- business failure
- insolvency or bankruptcy
- breach of contract
- major change, including provision for re-entry or buy-back by the local government, transfer to another private partner or shutting down the project
• labour relations provisions, including:
- successor rates
- wage and benefit guarantees
- dealing with the cost of staff reduction
- treatment of employees on contract termination
- relocation of identified employees to the private partner
- Workers' Compensation Board provisions
- employment equity, if applicable
- fair wages, if applicable
- local preference for hiring
• user fees regulation
• general matters, including:
- conflict or dispute resolution mechanisms, such as commercial arbitration, alternate dispute resolution or other remedies or recourses
- confidentiality and privacy, subject to the Freedom of Information and Protection of Privacy Act
- force majeure
- notices where information is to be sent and conditions governing transfer of information between or among the parties
- termination provisions that identify which clauses survive termination
- clarification that the contract is governed by the laws of the Province of British Columbia and Canada
- establishment of a contract amendment process
- clarification that the set of agreements constitutes the entire agreement between the parties and supersedes any prior communications
- identification of how rights may or may not be waived or acquiesced to during the term
- publicity
- ownership of intellectual property, facilities or new technologies developed