Illinois § 35

§ 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; (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. (Source: P.A. 103-447, eff. 8-4-23.)