Sen. Dale Fowler

Filed: 4/3/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3096

2    AMENDMENT NO. ______. Amend Senate Bill 3096 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Department of Natural Resources Sahara Woods State Recreation
6Area Act.
 
7    Section 5. Legislative intent. The General Assembly finds
8that authorizing the Department of Natural Resources to enter
9into a public-private partnership for the development,
10construction, maintenance, or operation of campground
11facilities at Sahara Woods State Recreation Area will allow
12greater utilization of the Area and is in the best interest of
13the State and the local community.
 
14    Section 10. Definitions.
15    "Contractor" means a person who has been selected to enter

 

 

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1or has entered into a public-private agreement with the
2Department on behalf of the State for the development,
3financing, management, or operation of campgrounds facilities
4at Sahara Woods State Recreational Area pursuant to this Act.
5    "Department" means the Department of Natural Resources.
6    "Director" means the Director of Natural Resources.
7    "Maintain" or "maintenance" includes ordinary maintenance,
8repair, rehabilitation, capital maintenance, replacement, and
9any other categories of maintenance that may be designated by
10the Department.
11    "Offeror" means a person who responds to a request for
12proposals under this Act.
13    "Operate" or "operation" means to do one or more of the
14following: maintain, improve, equip, modify, or otherwise
15operate.
16    "Person" means any individual, firm, association, joint
17venture, partnership, estate, trust, syndicate, fiduciary,
18corporation, or any other legal entity, group, or combination
19thereof.
20    "Public-private agreement" means an agreement or contract
21between the Department and the contractor on behalf of the
22State and all schedules, exhibits, and attachments thereto,
23entered into pursuant to a competitive request for proposals
24process governed by this Act, for the development,
25construction, financing, management and operation of
26campground facilities at Sahara Woods State Recreation Area

 

 

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1under this Act.
2    "Revenues" means all revenues, including, but not limited
3to, income, user fees, earnings, interest, lease payments,
4allocations, moneys from the federal government, the State,
5and units of local government, including, but not limited to,
6federal, State, and local appropriations, grants, loans, lines
7of credit, and credit guarantees; bond proceeds; equity
8investments; service payments; or other receipts arising out
9of or in connection with the development, construction,
10financing, development, management, or operation of campground
11facilities at Sahara Woods State Recreation Area.
12    "Sahara Woods State Recreation Area" means real property
13in Carrier Mills, Illinois, consisting of approximately 4,000
14acres of vacated strip mine land including the 98 acre Sahara
15Lake and numerous strip cuts that make up approximately 270
16acres of fishable water.
 
17    Section 15. Authority to enter public-private agreement.
18Notwithstanding any provision of law to the contrary, the
19Department, on behalf of the State, may enter into a
20public-private agreement to develop, construct, finance,
21lease, manage, and operate campground facilities at Sahara
22Woods State Recreation Area on behalf of the State, pursuant
23to which the contractors may receive certain revenues,
24including management or user fees in consideration of the
25payment of moneys to the State for that right.
 

 

 

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1    Section 20. Engagement prior to request for proposals. The
2Director or the Director's designee may, prior to soliciting
3requests for proposals, enter into discussions with interested
4persons in order to assess existing market conditions and
5demands, provided that no such interested persons shall have
6any role in drafting any request for proposals, nor shall any
7request for proposal be provided to any interested person
8prior to its general public distribution. The Director may
9issue a request for qualifications that requests interested
10persons to provide such information as the Director deems
11necessary in order to evaluate the qualifications of such
12interested persons. This may include, but is not limited to,
13the ability of interested persons to acquire the property, as
14determined by the Director. Such engagement and discussions
15with interested persons are exempt from Sections 50-10.5,
1650-39, 50-40, 50-45, and 50-50 of the Illinois Procurement
17Code.
 
18    Section 25. Requests for proposals. If requests for
19proposals are made by the Department, the Department shall
20comply with the competitive request for proposals process
21under Article 20 of the Illinois Procurement Code, rules
22adopted under that Code, and this Act.
 
23    Section 30. Request for proposal process.

 

 

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1    (a) The Department, on behalf of the State, may select a
2contractor through a competitive request for proposals process
3under Article 20 of the Illinois Procurement Code and rules
4adopted under that Article of the Code.
5    (b) The competitive request for proposals process shall
6solicit statements of qualification and proposals from
7offerors.
8    (c) In addition to any requirements under Article 20 of
9the Illinois Procurement Code, the competitive request for
10proposals process may take into account the following
11criteria:
12        (1) the offeror's plans for the campgrounds project at
13    Sahara Woods State Recreation Area;
14        (2) the offeror's current and past business practices;
15    and
16        (3) the offeror's poor or inadequate past performance
17    in developing, financing, constructing, managing, or
18    operating other historic landmark properties or other
19    public assets.
 
20    Section 35. Provisions of the public-private agreement.
21The public-private agreement shall include all of the
22following:
23        (1) the term of the public-private agreement that is
24    consistent with Section 45;
25        (2) the powers, duties, responsibilities, obligations,

 

 

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1    and functions of the Department and the contractor;
2        (3) compensation or payments to the Department, if
3    applicable;
4        (4) compensation or payments to the contractor, if
5    applicable;
6        (5) a provision specifying that the Department:
7            (A) has ready access to information regarding the
8        contractor's powers, duties, responsibilities,
9        obligations, and functions under the public-private
10        agreement;
11            (B) has the right to demand and receive
12        information from the contractor concerning any aspect
13        of the contractor's powers, duties, responsibilities,
14        obligations, and functions under the public-private
15        agreement; and
16            (C) has the authority to direct or countermand
17        decisions by the contractor at any time;
18        (6) a provision imposing an affirmative duty on the
19    contractor to provide the Department with any information
20    the contractor reasonably believes the Department would
21    want to know or would need to know to enable the Department
22    to exercise its powers, carry out its duties,
23    responsibilities, and obligations, and perform its
24    functions under this Act or the public-private agreement
25    or as otherwise required by law;
26        (7) the authority of the Department to request that

 

 

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1    the contractor reimburse the Department for third party
2    consultants related to the monitoring the project;
3        (8) a provision governing the contractor's authority
4    to negotiate and execute subcontracts with third parties;
5        (9) the authority of the contractor to impose user
6    fees and the amounts of those fees;
7        (10) a provision governing the deposit and allocation
8    of revenues including user fees;
9        (11) a provision governing rights to real and personal
10    property of the State, the Department, the contractor, and
11    other third parties;
12        (12) grounds for termination of the agreement by the
13    Department or the contractor and a restatement of the
14    Department's rights under this Act;
15        (13) a requirement that the contractor enter into a
16    project labor agreement;
17        (14) a provision stating that construction contractors
18    shall comply with the requirements of Section 30-22 of the
19    Illinois Procurement Code;
20        (15) rights and remedies of the Department if the
21    contractor defaults or otherwise fails to comply with the
22    terms of the agreement;
23        (16) procedures for amendment to the agreement;
24        (17) a requirement that the contract complies with the
25    Business Enterprise for Minorities, Women, and Persons
26    with Disabilities Act and Section 2-105 of the Illinois

 

 

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1    Human Rights Act; and
2        (18) all other terms, conditions, and provisions
3    acceptable to the Department that the Department deems
4    necessary and proper and in the public interest.
 
5    Section 40. Labor.
6    (a) A public-private agreement related to Sahara Woods
7State Recreation Area pertaining to the building, altering,
8repairing, maintaining, improving, or demolishing of
9campground facilities shall require the contractor and all
10subcontractors to comply with the requirements of Section
1130-22 of the Illinois Procurement Code as they apply to
12responsible bidders, including, but not limited to, all
13applicable provisions of the Prevailing Wage Act, and to
14present satisfactory evidence of that compliance to the
15Department, unless the project is federally funded and the
16application of those requirements would jeopardize the receipt
17or use of federal funds in support of the project.
18    (b) A public-private agreement related to Sahara Woods
19State Recreation Area pertaining to the building, altering,
20repairing, maintaining, improving, or demolishing campground
21facilities at the Area shall require the contractor and all
22subcontractors to enter into a project labor agreement used by
23the Capital Development Board.
 
24    Section 45. Term of agreement; reversion of property to

 

 

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1the Department.
2    (a) The term of any public-private agreement entered into
3under this Act shall be no less than 25 years and no more than
499 years.
5    (b) The Department may terminate the contractor's
6authority and duties under the public-private agreement on the
7date set forth in the public-private agreement. The Department
8may also terminate the public-private agreement pursuant to
9any clause or condition as set forth in the public-private
10agreement.
11    (c) Upon termination of the public-private agreement, the
12authority, and duties of the contractor under this Act cease,
13except for those duties and obligations that extend beyond the
14termination, as set forth in the public-private agreement, and
15all interests in the campground facilities at Sahara Woods
16State Recreation Area shall revert to the Department.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".