Sec. 35. Provisions of the public-private agreement.

218 words·~1 min read·/il/chapter-20/act-861/35

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The public-private agreement may include, but is not limited to, the following:

(1)the powers, duties, responsibilities, obligations, and functions of the Department

and the contractor;

(2)compensation or payments to the Department, if applicable;

(3)compensation or payments to the contractor, if applicable;

(4)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.

(5)the authority of the contractor to impose user fees and the amounts of those fees;

(6)a provision governing the deposit and allocation of revenues, including user fees;

(7)a provision governing rights to real and personal property of the State, the

Department, the contractor, and other third parties;

(8)rights and remedies of the Department if the contractor defaults or otherwise fails

to comply with the terms of the agreement; and

(9)all other terms, conditions, and provisions acceptable to the Department that the

Department deems necessary and proper and in the public interest.