(20 ILCS 861/35)
Sec. 35. Provisions of the public-private agreement. (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;
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(2) compensation or payments to the Department, if
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(3) compensation or payments to the contractor, if
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(4) a provision specifying that the Department:
(A) has ready access to information regarding the
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| 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
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| 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
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| decisions by the contractor at any time.
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(5) the authority of the contractor to impose user
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| fees and the amounts of those fees;
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(6) a provision governing the deposit and allocation
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| of revenues, including user fees;
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(7) a provision governing rights to real and personal
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| property of the State, the Department, the contractor, and other third parties;
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(8) rights and remedies of the Department if the
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| contractor defaults or otherwise fails to comply with the terms of the agreement; and
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(9) all other terms, conditions, and provisions
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| acceptable to the Department that the Department deems necessary and proper and in the public interest.
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(Source: P.A. 103-447, eff. 8-4-23.)
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