Sec. 45-30. Provisions of the public-private agreement.
504 words·~2 min read·
/il/chapter-20/act-3407/45-30A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 45-30. Provisions of the public-private agreement. The public-private agreement shall include all of the following:
(1)the term of the public-private agreement that is consistent with Section 45-40 of
this Act;
(2)the powers, duties, responsibilities, obligations, and functions of the Department
and the contractor;
(3)compensation or payments to the Department, if applicable;
(4)compensation or payments to the contractor, if applicable;
(5)a provision specifying that the Department:
(A)has ready access to information regarding the contractor's powers, duties,
responsibilities, obligations, and functions under the public-private agreement;
(B)has the right to demand and receive information from the contractor concerning
any aspect of the contractor's powers, duties, responsibilities, obligations, and functions under the public-private agreement; and
(C)has the authority to direct or countermand decisions by the contractor at any
time;
(6)a provision imposing an affirmative duty on the contractor to provide the Department
with any information the contractor reasonably believes the Department would want to know or would need to know to enable the Department to exercise its powers, carry out its duties, responsibilities, and obligations, and perform its functions under this Act or the public-private agreement or as otherwise required by law;
(6.5) a provision that this project will require using guidelines with The Secretary of
the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; the period of the original construction (Hotel Florence and grounds from 1880 through 1897; and Hotel Annex from 1914 through 1930) should be used to guide the project design and construction;
(7)the authority of the Department to enter into contracts with third parties pursuant
to Section 45-40;
(8)the authority of the Department to request that the contractor reimburse the
Department for third party consultants related to the monitoring the project;
(9)a provision governing the contractor's authority to negotiate and execute
subcontracts with third parties;
(10)the authority of the contractor to impose user fees and the amounts of those fees;
(11)a provision governing the deposit and allocation of revenues including user fees;
(12)a provision governing rights to real and personal property of the State, the
Department, the contractor, and other third parties;
(13)grounds for termination of the agreement by the Department or the contractor and a
restatement of the Department's rights under this Act;
(14)a requirement that the contractor enter into a project labor agreement;
(15)a provision stating that construction contractors shall comply with the
requirements of Section 30-22 of the Illinois Procurement Code;
(16)rights and remedies of the Department if the contractor defaults or otherwise fails
to comply with the terms of the agreement;
(17)procedures for amendment to the agreement;
(18)all other terms, conditions, and provisions acceptable to the Department that the
Department deems necessary and proper and in the public interest; and
(19)a requirement that the contract complies with the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act and Section 2-105 of the Illinois Human Rights Act.