Illinois Compiled Statutes 20 ILCS 3407/45-30 – Provisions of the public-private …
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Provisions of the public-private agreement.
(a) The public-private agreement shall include all of the following:
(1) the term of the public-private agreement that is
(a) The public-private agreement shall include all of the following:
Terms Used In Illinois Compiled Statutes 20 ILCS 3407/45-30
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
(1) the term of the public-private agreement that is
consistent with Section 45-40;
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(2) the powers, duties, responsibilities,
obligations, and functions of the Department and the contractor;
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(3) compensation or payments to the Department, if
applicable;
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(4) compensation or payments to the contractor, if
applicable;
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(5) a provision specifying that the Department:
(A) has ready access to information regarding the
(A) has ready access to information regarding the
contractor’s powers, duties, responsibilities, obligations, and functions under the public-private agreement;
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(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
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(C) has the authority to direct or countermand
decisions by the contractor at any time;
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(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;
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(7) the authority of the Department to enter into
contracts with third parties pursuant to Section 45-40;
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(8) the authority of the Department to request that
the contractor reimburse the Department for third party consultants related to the monitoring the project;
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(9) a provision governing the contractor’s authority
to negotiate and execute subcontracts with third parties;
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(10) the authority of the contractor to impose user
fees and the amounts of those fees;
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(11) a provision governing the deposit and allocation
of revenues including user fees;
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(12) a provision governing rights to real and
personal property of the State, the Department, the contractor, and other third parties;
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(13) grounds for termination of the agreement by the
Department or the contractor and a restatement of the Department’s rights under this Act;
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(14) a requirement that the contractor enter into a
project labor agreement;
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(15) a provision stating that construction
contractors shall comply with the requirements of Section 30-22 of the Illinois Procurement Code;
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(16) rights and remedies of the Department if the
contractor defaults or otherwise fails to comply with the terms of the agreement;
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(17) procedures for amendment to the agreement; and
(18) all other terms, conditions, and provisions
(18) all other terms, conditions, and provisions
acceptable to the Department that the Department deems necessary and proper and in the public interest.
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