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| Public Act 098-0595 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Private Agreements for the Illiana | ||||
Expressway Act is amended by changing Section 25 as follows: | ||||
(605 ILCS 130/25)
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Sec. 25. 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 | ||||
consistent with Section 15 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; | ||||
(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; | ||
(7) A provision requiring the contractor to provide the | ||
Department with advance notice of any decision that bears | ||
significantly on the public interest so the Department has | ||
a reasonable opportunity to evaluate and countermand that | ||
decision pursuant to this Section; | ||
(8) A requirement that the Department monitor and | ||
oversee the contractor's practices and take action that the | ||
Department considers appropriate to ensure that the | ||
contractor is in compliance with the terms of the public | ||
private agreement; | ||
(9) The authority of the Department to enter into | ||
contracts with third parties pursuant to Section 50 of this | ||
Act; | ||
(10) A provision governing the contractor's authority | ||
to negotiate and execute subcontracts with third parties; | ||
(10.5) A provision stating that, in the event that the | ||
contractor does not have a subcontract with a design-build | ||
entity in effect at the time of execution of the | ||
public-private agreement by the Department, the contractor | ||
must the contractor finds it necessary, proper, or | ||
desirable to enter into subcontracts with one or more | ||
design-build entities, then it must follow a selection | ||
process that is, to the greatest extent possible, identical | ||
to the selection process contained in the Design-Build | ||
Procurement Act; | ||
(11) The authority of the contractor to impose user | ||
fees and the amounts of those fees, including the authority | ||
of the contractor to use congestion pricing, pursuant to | ||
which higher tolls rates are imposed during times or in | ||
locations of increased congestion; | ||
(12) A provision governing the deposit and allocation | ||
of revenues including user fees; | ||
(13) A provision governing rights to real and personal | ||
property of the State, the Department, the contractor, and | ||
other third parties; | ||
(14) A provision stating that the contractor must, | ||
pursuant to Section 75 of this Act, finance an independent | ||
audit if the construction costs under the contract exceed | ||
$50,000,000; | ||
(15) A provision regarding the implementation and | ||
delivery of a comprehensive system of internal audits; | ||
(16) A provision regarding the implementation and | ||
delivery of reports, which must include a requirement that | ||
the contractor file with the Department, at least on an | ||
annual basis, financial statements containing information | ||
required by generally accepted accounting principles | ||
(GAAP); | ||
(17) Procedural requirements for obtaining the prior | ||
approval of the Department when rights that are the subject | ||
of the agreement, including but not limited to development | ||
rights, construction rights, property rights, and rights | ||
to certain revenues, are sold, assigned, transferred, or | ||
pledged as collateral to secure financing or for any other | ||
reason; | ||
(18) Grounds for termination of the agreement by the | ||
Department or the contractor and a restatement of the | ||
Department's rights under Section 35 of this Act; | ||
(19) A requirement that the contractor enter into a | ||
project labor agreement pursuant to Section 100 of this | ||
Act; | ||
(19.5) A provision stating that construction | ||
contractors shall comply with the requirements of Section | ||
30-22 of the Illinois Procurement Code pursuant to Section | ||
100 of this Act; | ||
(20) Timelines, deadlines, and scheduling; | ||
(21) Review of plans, including development, | ||
financing, construction, management, or operations plans, | ||
by the Department; | ||
(22) Inspections by the Department, including | ||
inspections of construction work and improvements; | ||
(23) Rights and remedies of the Department in the event | ||
that the contractor defaults or otherwise fails to comply | ||
with the terms of the agreement; | ||
(24) A code of ethics for the contractor's officers and | ||
employees; and | ||
(25) Procedures for amendment to the agreement. | ||
(b) The public private agreement may include any or all of | ||
the following: | ||
(1) A provision regarding the extension of the | ||
agreement that is consistent with Section 15 of this Act; | ||
(2) Cash reserves requirements; | ||
(3) Delivery of performance and payment bonds or other | ||
performance security in a form and amount that is | ||
satisfactory to the Department; | ||
(4) Maintenance of public liability insurance; | ||
(5) Maintenance of self-insurance; | ||
(6) Provisions governing grants and loans, pursuant to | ||
which the Department may agree to make grants or loans for | ||
the development, financing, construction, management, or | ||
operation of the Illiana Expressway project from time to | ||
time from amounts received from the federal government or | ||
any agency or instrumentality of the federal government or | ||
from any State or local agency; | ||
(7) Reimbursements to the Department for work | ||
performed and goods, services, and equipment provided by | ||
the Department; and | ||
(8) 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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(Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)
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