BOOK IV: LOCAL PUBLIC SERVICES

Territorial authorities, their groupings or their public establishments may entrust the management of a public service for which they are responsible to one or more economic operators by means of a public service delegation agreement defined in article L. 1121-3 of the Public Procurement Code, prepared, awarded and executed in accordance with part three of this code.

As soon as the report referred to in article L. 3131-5 of the public procurement code has been communicated, its examination is placed on the agenda of the next meeting of the deliberative assembly, which takes note of it.

The deliberative assemblies of the local authorities, their groupings and their public establishments decide on the principle of any delegation of local public services after obtaining the opinion of the consultative commission for local public services provided for in article L. 1413-1. They take their decision in the light of a report presenting the document containing the characteristics of the services to be provided by the delegatee.

I.-A committee will analyse the application files and draw up a list of candidates admitted to submit a tender after examining their professional and financial guarantees, their compliance with the obligation to employ disabled workers provided for in articles L. 5212-1 to L. 5212-4 of the Labour Code and their ability to ensure the continuity of the public service and the equality of users before the public service. In the…

I.-Where a consortium set up in application of article L. 3112-1 of the Public Procurement Code is composed for the most part of local authorities or local public establishments, a commission is set up to perform the functions mentioned in I of article L. 1411-5 of this code, composed of the following members: 2° One representative for each of the other members of the consortium, appointed in accordance with their…

Any draft amendment to a public service delegation agreement may only be made after a vote by the deliberative assembly. Any draft amendment to a public service delegation agreement involving an increase in the overall amount of more than 5% is submitted for the opinion of the commission referred to in article L. 1411-5. The deliberative assembly that decides on the draft amendment is informed of this opinion beforehand. .

At least two months after the referral to the commission provided for in article L. 1411-5, the deliberative assembly decides on the choice of delegatee and the public service delegation agreement. The documents on which the deliberative assembly decides must be forwarded to it at least fifteen days before its deliberation.

The territorial authority shall forward to the representative of the State in the department or, where applicable, to his delegate in the arrondissement, or to the representative of the State in the region, the public service delegations of the territorial authorities, pursuant to articles L. 2131-2, L. 3131-2 and L. 4141-2 of this code. It attaches all the documents listed in a decree issued by the Conseil d’Etat within fifteen…