                                 CODE OF VIRGINIA

COMPREHENSIVE AGREEMENT (§ 33.2-1808)

A. Prior to developing and/or operating the qualifying transportation facility,
the private entity shall enter into a comprehensive agreement with the
responsible public entity. The comprehensive agreement shall, as appropriate,
provide for:

   1. Delivery of performance and payment bonds in connection with the
   development and/or operation of the qualifying transportation facility, in the
   forms and amounts satisfactory to the responsible public entity;

   2. Review of plans for the development and/or operation of the qualifying
   transportation facility by the responsible public entity and approval by the
   responsible public entity if the plans conform to standards acceptable to the
   responsible public entity;

   3. Inspection of construction of or improvements to the qualifying
   transportation facility by the responsible public entity to ensure that such
   construction or improvements conform to the standards acceptable to the
   responsible public entity;

   4. Maintenance of a policy or policies of public liability insurance (copies
   of which shall be filed with the responsible public entity accompanied by
   proofs of coverage) or self-insurance, each in form and amount satisfactory to
   the responsible public entity and reasonably sufficient to insure coverage of
   tort liability to the public and employees and to enable the continued
   operation of the qualifying transportation facility;

   5. Monitoring of the maintenance practices of the private entity by the
   responsible public entity and the taking of such actions as the responsible
   public entity finds appropriate to ensure that the qualifying transportation
   facility is properly maintained;

   6. Reimbursement to be paid to the responsible public entity for services
   provided by the responsible public entity;

   7. Filing of appropriate financial statements in a form acceptable to the
   responsible public entity on a periodic basis;

   8. Compensation to the private entity that may include a reasonable
   development fee, a reasonable maximum rate of return on investment, and/or
   reimbursement of development expenses in the event of termination for
   convenience by the responsible public entity as agreed upon between the
   responsible public entity and the private entity;

   9. The date of termination of the private entity&#8217;s authority and duties
   under this chapter and dedication to the appropriate public entity; and

   10. Guaranteed cost and completion guarantees related to the development
   and/or operation of the qualified transportation facility and payment of
   damages for failure to meet the completion guarantee.

B. The comprehensive agreement shall provide for such user fees as may be
established by agreement of the parties. Any user fees shall be set at a level
that takes into account any lease payments, service payments, and compensation
to the private entity or as specified in the comprehensive agreement. A copy of
any service contract shall be filed with the responsible public entity. A
schedule of the current user fees shall be made available by the private entity
to any member of the public on request. In negotiating user fees under this
section, the parties shall establish fees that are the same for persons using
the facility under like conditions except as required by agreement between the
parties to preserve capacity and prevent congestion on the qualifying
transportation facility. The execution of the comprehensive agreement or any
amendment thereto shall constitute conclusive evidence that the user fees
provided for therein comply with this chapter. User fees established in the
comprehensive agreement as a source of revenues may be in addition to or in lieu
of service payments.

C. In the comprehensive agreement, the responsible public entity may agree to
make grants or loans for the development and/or operation of the qualifying
transportation facility from amounts received from the federal government or any
agency or instrumentality thereof.

D. The comprehensive agreement shall incorporate the duties of the private
entity under this chapter and may contain such other terms and conditions that
the responsible public entity determines serve the public purpose of this
chapter. Without limitation, the comprehensive agreement may contain provisions
under which the responsible public entity agrees to provide notice of default
and cure rights for the benefit of the private entity and the persons specified
therein as providing financing for the qualifying transportation facility. The
comprehensive agreement may contain such other lawful terms and conditions to
which the private entity and the responsible public entity mutually agree,
including provisions regarding unavoidable delays or provisions providing for a
loan of public funds for the development and/or operation of one or more
qualifying transportation facilities.

E. The comprehensive agreement shall provide for the distribution of any
earnings in excess of the maximum rate of return as negotiated in the
comprehensive agreement. Without limitation, excess earnings may be distributed
to the Transportation Trust Fund, to the responsible public entity, or to the
private entity for debt reduction or they may be shared with appropriate public
entities. Any payments under a concession arrangement for which the Commonwealth
is the responsible public entity shall be paid into the Transportation Trust
Fund.

F. Any changes in the terms of the comprehensive agreement, as may be agreed
upon by the parties, shall be added to the comprehensive agreement by written
amendment.

G. Notwithstanding any contrary provision of this chapter, a responsible public
entity may enter into a comprehensive agreement with multiple private entities
if the responsible public entity determines in writing that it is in the public
interest to do so.

H. The comprehensive agreement may provide for the development and/or operation
of phases or segments of the qualifying transportation facility.

I. Any comprehensive agreement originally entered into on or after July 1, 2017,
shall include, in consultation with the Virginia State Police, a provision
requiring funding for adequate staffing by the Virginia State Police for general
law enforcement services during both development and operation of the qualifying
transportation facility. As used in this subsection, &#8220;adequate
staffing&#8221; means a level of staffing in accordance with the September 2003
report, &#8220;A Review of the Patrol Staffing Formula&#8221; as developed
pursuant to Item 459(g) of Chapter 1042 of the Acts of Assembly of 2003.

HISTORY: 1994, c. 855, § 56-566; 1995, c. 647; 2005, cc. 504, 562; 2006, c.
922; 2014, c. 805; 2017, c. 511.