Version #2
(a)
(1) After selecting a solicited or unsolicited proposal for a public-private initiative, the Department shall enter into a public-private agreement for a transportation facility with the selected private entity or any configuration of private entities.
(2) An affected jurisdiction may be a party to a public-private agreement entered into by the Department and a selected private entity or combination of private entities.
(b) A public-private agreement under this [title/chapter/article] shall provide for the following:
(1) the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing, or operation of a transportation facility;
(2) the term of the public-private agreement;
(3) the type of property interest, if any, the private entity will have in the transportation facility;
(4) a description of the actions the Department may take to ensure proper maintenance of the transportation facility;
(5) whether user fees will be collected on the transportation facility and the basis by which such user fees shall be determined and modified;
(6) compliance with applicable Federal, State, and local laws;
(7) grounds for termination of the public-private agreement by the Department or operator; and
(8) procedures for amendment of the agreement.
(c) A public-private agreement under this [title/chapter/article] may provide for the following:
(1) review and approval by the Department of the operator's plans for the development and operation of the transportation facility;
(2) inspection by the Department of construction of or improvements to the transportation facility;
(3) maintenance by the operator of a policy of liability insurance or self-insurance;
(4) filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the Department;
(5) filing by the operator, on a periodic basis, of traffic reports in a form acceptable to the Department;
(6) financing obligations of the operator and the Department;
(7) apportionment of expenses between the operator and the Department;
(8) the rights and duties of the operator, the Department, and other State and local governmental entities with respect to use of the transportation facility;
(9) the rights and remedies available in the event of default or delay;
(10) the terms and conditions of indemnification of the operator by the Department;
(11) assignment, subcontracting, or other delegation of responsibilities of the operator or the Department under the agreement to third parties, including other private entities and other State agencies;
(12) sale or lease to the operator of private property related to the transportation facility;
(13) traffic enforcement and other policing issues, subject to section 1-111, including any reimbursement by the private entity for such services; or
(14) other terms and conditions.