§ 8-15.5-5-3 — Other permitted provisions of public-private agreement

Indiana § 8-15.5-5-3

• Jurisdiction: Indiana
• Art. 15.5: PUBLIC-PRIVATE AGREEMENTS FOR TOLL
• Ch. 5: Terms and Conditions of Public-Private Agreements

Text

In addition to the requirements of section 2 of
this chapter, a public-private agreement may include additional
provisions concerning the following:
(1) Review and approval by the authority of the operator's plans
for the development and operation of the project.
(2) Inspection by the authority of construction of or improvements
to the project.
(3) Maintenance by the operator of a policy or policies of public
liability insurance (copies of which shall be filed with the
authority, accompanied by proofs of coverage) or self-insurance,
each in a form and amount satisfactory to the authority to insure
coverage of tort liability to the public and employees and to
enable the continued operation of the project.
(4) Filing by the operator, on a periodic basis, of appropriate
traffic reports in a form acceptable to the authority.
(5) Payments to the operator. These payments may consist of one
(1) or more of the following:
(A) The retention by the operator of the user fees collected by
the operator in the operation and management of a toll road
project or a facility project, if applicable.
(B) Payments made to the operator by the authority.
(C) Other sources of payment or revenue to the operator, if any.
(6) Financing obligations of the operator and the authority,
including entering into agreements for the benefit of the financing
parties.
(7) Apportionment of expenses between the operator and the
authority.
(8) The rights and duties of the operator, the authority, and other
state and local governmental entities with respect to use of the
project, including the state police department and other law
enforcement and public safety agencies.
(9) Arbitration or other dispute resolution mechanisms or
remedies for the settlement of claims and other disputes arising
under the agreement.
(10) Payment of money to either party upon default or delay, or
upon termination of the public-private agreement, with the
payments to be used:
(A) in the form of liquidated damages to compensate the
operator for demonstrated unamortized costs, lost profits, or
other amounts as provided in the agreement;
(B) to retire or refinance indebtedness related to the project or
the public-private agreement; or
(C) for any other purpose mutually agreeable to the operator
and the authority.
(11) Indemnification of the operator by the authority under
conditions specified in the agreement.
(12) Assignment, subcontracting, or other delegation of
responsibilities of the operator or the authority under the
agreement to third parties, including other private entities, the
department, and other state agencies.
(13) Sale or lease to the operator of personal property related to
the project.
(14) Provisions for private commercial development or private
use for a facility project.
(15) Other lawful terms and conditions to which the operator and
the authority mutually agree.

Legislative History

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.151; P.L.213-2015, SEC.111; P.L.189-2018, SEC.91.