Notwithstanding any other provision of law to the contrary, any
county or municipal corporation of this state is authorized, in the
discretion of its governing authority, to enter into valid and
binding leases and contracts with private persons, firms,
associations, or corporations for any period of time not to exceed
20 years to provide for the operation and maintenance of all or a
portion of its waste-water treatment system, storm-water system,
water system, or sewer system, or any combination of such systems,
which leases and contracts may include provisions for the design,
construction, repair, reconditioning, replacement, maintenance, and
operation of the system, or any combination of such services and
functions. If a contract or lease to be awarded pursuant to this
Code section includes provisions for the construction of public
works, the laws relating to the procurement of such contracts shall
also apply; provided, however, that any bonding requirements shall
apply only to the construction provisions of the contract or lease.
Prior to entering into a lease or contract pursuant to this Code
section, the governing authority shall solicit competitive sealed
proposals. The governing authority shall first establish criteria
for evaluation of any applicants submitting proposals on such leases
or contracts for the purpose of assisting the governing authority in
making a review of such applicants' previous performance on projects
of comparable magnitude, the environmental compliance record of such
applicants, and any relevant civil or criminal penalties incurred by
such applicants during the five years immediately preceding the
execution of the lease or contract. The governing authority shall
take into consideration such information to assist it in determining
the eligibility of any applicant. The award of a lease or contract
pursuant to this Code section shall be made to the responsible and
responsive applicant whose proposal is determined in writing to be
the most advantageous to the governmental entity, taking into
consideration the evaluation factors set forth in the request for
proposals. All information required by the county or municipality
pursuant to this Code section shall be provided by the applicant
under oath. For purposes of this Code section, "applicant" means
any individual, firm, association, or corporation submitting a
proposal on such leases or contracts. |