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Chapter 1. Application and Construction
5-23-1-1. Applicability of Article - Sec. 1. This article applies to the following: (1) The...
5-23-1-2. Liberal Construction and Supplemental Nature of Powers; Conflict of Laws - Sec. 2. The powers conferred by this article shall be...
5-23-1-3. Public-Private Agreement - Sec. 3. (a) The state or a political subdivision may...
5-23-1-4. Application of Prior Statute to Certain Contracts, Leases, Agreements, or Extensions - Sec. 4. (a) Except as provided in subsection (b), IC...
5-23-1-5. Application of Ic 5-22-16.5 to Award of Contracts Under Article - Sec. 5. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with...
Chapter 2. Definitions
5-23-2-1. Applicability of Definitions - Sec. 1. The definitions in this chapter apply throughout this...
5-23-2-1.5. "Availability Payment" - Sec. 1.5. "Availability payment" means any funding stream, whether from...
5-23-2-2. "Board" - Sec. 2. "Board" refers to the agent, board, commission, officer,...
5-23-2-3. "Bot Agreement" - Sec. 3. "BOT agreement" means any agreement between a governmental...
5-23-2-4. "Construction" - Sec. 4. (a) "Construction" means the process of building, renovating,...
5-23-2-5. "Cost" - Sec. 5. "Cost" means the cost of entering into any...
5-23-2-5.5. "Develop" - Sec. 5.5. "Develop" means to plan, design, finance, lease, acquire,...
5-23-2-6. "Governmental Body" - Sec. 6. "Governmental body" has the meaning set forth in...
5-23-2-6.3. "Material Default" - Sec. 6.3. "Material default" means a nonperformance of its duties...
5-23-2-6.9. "Operate" - Sec. 6.9. "Operate" means to finance, maintain, improve, equip, modify,...
5-23-2-7. "Operating Agreement" - Sec. 7. "Operating agreement" means an agreement between an operator...
5-23-2-8. "Operator" - Sec. 8. "Operator" means a person who has entered into...
5-23-2-9. "Original Term" - Sec. 9. "Original term" means the initial term of a...
5-23-2-10. "Person" - Sec. 10. "Person" means an association, a corporation, a limited...
5-23-2-11. "Public Facility" - Sec. 11. "Public facility" means a facility located on, or...
5-23-2-12. "Public Funds" - Sec. 12. "Public funds" has the meaning set forth in...
5-23-2-13. "Public-Private Agreement" - Sec. 13. "Public-private agreement" means a BOT agreement or an...
5-23-2-14. "Public Service" - Sec. 14. "Public service" means any service customarily provided by...
5-23-2-15. "Public Work" - Sec. 15. "Public work" means any public building, highway, street,...
5-23-2-15.3. "Qualifying Project" - Sec. 15.3. "Qualifying project" refers to either of the following:...
5-23-2-15.5. "Revenues" - Sec. 15.5. (a) "Revenues" means the income, earnings, lease payments,...
5-23-2-16. "State" - Sec. 16. "State" means the state of Indiana or a...
5-23-2-17. "Transportation Facility" - Sec. 17. "Transportation facility" means any new or existing road,...
5-23-2-18. "Transportation Project" - Sec. 18. "Transportation project" means any combination of the development,...
Chapter 3. Bot Agreements
5-23-3-1. Agreements Between Governmental Body and Operator - Sec. 1. A governmental body may enter into a BOT...
5-23-3-2. Permissible Provisions - Sec. 2. (a) BOT agreements may provide the following: (1)...
5-23-3-3. Repealed - As added by P.L.49-1997, SEC.34. Repealed by P.L.252-2015, SEC.14.
5-23-3-4. Construction of Public Facility With Public Funds; Applicable Laws - Sec. 4. If a governmental body enters into a BOT...
Chapter 4. Operating Agreements
5-23-4-1. Agreements Between Governmental Body and Operator - Sec. 1. A governmental body may enter into an operating...
5-23-4-2. Repealed - As added by P.L.49-1997, SEC.34. Repealed by P.L.252-2015, SEC.15.
Chapter 4.5. Requests for Information
5-23-4.5-1. Government Requests for Information Regarding Public Facility Projects - Sec. 1. A governmental body may issue a request for...
5-23-4.5-2. Notice of Request for Information - Sec. 2. Notice of a request for information shall be...
5-23-4.5-3. Responses to Request for Information Confidential; Identity of Person Submitting Response Is Public Record - Sec. 3. A response to a request for information is...
5-23-4.5-4. Action Not Required - Sec. 4. A governmental body is not required to take...
Chapter 5. Selection of Contractor by Request for Proposals
5-23-5-1. Public-Private Agreement; Request for Proposals Required - Sec. 1. Any public-private agreement contemplated by this chapter must...
5-23-5-2. Request for Proposals; Contents - Sec. 2. Proposals for public-private agreements shall be solicited through...
5-23-5-3. Request for Proposals; Notice - Sec. 3. Notice of the request for proposals shall be...
5-23-5-4. Discussions Regarding Solicitation Requirements - Sec. 4. As provided in the request for proposals, discussions...
5-23-5-5. Fair and Equal Treatment of Offerors - Sec. 5. Eligible offerors must be accorded fair and equal...
5-23-5-6. Disclosure of Contents of Proposals - Sec. 6. The governmental body may refuse to disclose the...
5-23-5-7. Negotiation for Best and Final Offers - Sec. 7. The governmental body shall negotiate the best and...
5-23-5-8. Options Upon Receipt of Best and Final Offer - Sec. 8. After the best and final offers from responsible...
5-23-5-9. Public Hearing on Recommendation to Award Public-Private Agreement; Notice - Sec. 9. If a recommendation to award the public-private agreement...
5-23-5-10. Proposals and Explanation of Recommendation; Inspection and Copying - Sec. 10. (a) The proposals and a written explanation of...
5-23-5-11. Response to Request for Proposals - Sec. 11. After the procedures required in this chapter have...
5-23-5-12. Termination of Request for Proposal Process - Sec. 12. If the request for proposal process is terminated...
Chapter 6. Contract Terms and Conditions
5-23-6-1. Original Term in Excess of Five Years - Sec. 1. (a) Under the provisions of this article, the...
5-23-6-2. Termination by Board - Sec. 2. A public-private agreement may be terminated by the...
5-23-6-3. Payments to Parties Upon Termination - Sec. 3. The public-private agreement may provide for the payment...
Chapter 7. Records
5-23-7-1. Records of Operator in Public-Private Agreement - Sec. 1. Records of an operator that is a party...
5-23-7-2. Inspection and Copying - Sec. 2. Records that are provided by an operator to...
Chapter 8. Transportation and Infrastructure Projects
5-23-8-1. Public-Private and Development Agreements - Sec. 1. (a) A governmental body may enter into a...
5-23-8-2. Public-Private Agreement Requirements - Sec. 2. (a) Before developing or operating the qualifying project,...
5-23-8-3. Operator Requirements - Sec. 3. (a) The operator shall do the following: (1)...