Full Text of HB0779 103rd General Assembly
HB0779ham001 103RD GENERAL ASSEMBLY | Rep. Nicholas K. Smith Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 779
| 2 | | AMENDMENT NO. ______. Amend House Bill 779 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Reimagining Hotel Florence Act. | 6 | | Section 5. Legislative intent. Originally built in 1881, | 7 | | the Hotel Florence is located within the Pullman Historic | 8 | | District and was placed on the National Register of Historic | 9 | | Places in 1969 and was designated a National Historic Landmark | 10 | | on December 30, 1970. To save it from demolition the Historic | 11 | | Pullman Foundation purchased the hotel in 1975 and maintained | 12 | | ownership until 1991 when the State of Illinois took title of | 13 | | the building. The Hotel Florence is continually closed for | 14 | | renovations and is a semi-closed public space. | 15 | | The hotel sits next to the Pullman National Historic | 16 | | Landmark District, which was designated as a National Monument |
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| 1 | | in 2015 and recently redesignated as Illinois's first National | 2 | | Park on December 29, 2022 and is operated by the U.S. National | 3 | | Park Service. This redesignation allows for the National Park | 4 | | Service to enter into cooperative agreements with outside | 5 | | parties for interpretive and educational programs at | 6 | | nonfederal historic properties within the boundaries of the | 7 | | park and to provide assistance for the preservation of | 8 | | nonfederal land within the boundaries of the historical park | 9 | | and at sites in close proximity to it, which may include the | 10 | | Hotel Florence. | 11 | | The General Assembly has allocated $21,000,000 in capital | 12 | | infrastructure funds to aid in the redevelopment of the Hotel | 13 | | Florence. | 14 | | The General Assembly finds that allowing for the | 15 | | Department of Natural Resources to enter into a public-private | 16 | | partnership that will allow the Hotel Florence to become a | 17 | | fully reactivated space in a timely manner that is in the | 18 | | public benefit of the State and the local Pullman community.
| 19 | | Section 10. Definitions.
In this Act: | 20 | | "Agreement" means a public-private agreement. | 21 | | "Contractor" means a person that has been selected to | 22 | | enter or has entered into a public-private agreement with the | 23 | | Department on behalf of the State for the development, | 24 | | financing, construction, management, or operation of the Hotel | 25 | | Florence pursuant to this Act. |
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| 1 | | "Department" means the Department of Natural Resources. | 2 | | "Hotel Florence" means real property in City of Chicago | 3 | | located within the Pullman Historic District that is owned by | 4 | | the Illinois Department of Natural Resources and was acquired | 5 | | in 1991, at the address of 11111 S. Forrestville Avenue, | 6 | | Chicago, Illinois, as well as the adjacent Hotel Florence | 7 | | Annex building located at 537 East 111th Street, Chicago, | 8 | | Illinois 60628 and any associated grounds connected to either | 9 | | property. | 10 | | "Maintain" or "maintenance" includes ordinary maintenance, | 11 | | repair, rehabilitation, capital maintenance, maintenance | 12 | | replacement, and any other categories of maintenance that may | 13 | | be designated by the Department. | 14 | | "Offeror" means a person that responds to a request for | 15 | | proposals under this Act. | 16 | | "Operate" or "operation" means to do one or more of the | 17 | | following: maintain, improve, equip, modify, or otherwise | 18 | | operate. | 19 | | "Person" means any individual, firm, association, joint | 20 | | venture, partnership, estate, trust, syndicate, fiduciary, | 21 | | corporation, or any other legal entity, group, or combination | 22 | | thereof. | 23 | | "Public-private agreement" means an agreement or contract | 24 | | between the Department on behalf of the State and all | 25 | | schedules, exhibits, and attachments thereto, entered into | 26 | | pursuant to a competitive request for proposals process |
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| 1 | | governed by this Act, for the development, financing, | 2 | | construction, management, or operation of the Hotel Florence | 3 | | under this Act. | 4 | | "Revenues" means all revenues including, but not limited | 5 | | to, income, user fees, earnings, interest, lease payments, | 6 | | allocations, moneys from the federal government, the State, | 7 | | and units of local government, including, but not limited to, | 8 | | federal, State, and local appropriations, grants, loans, lines | 9 | | of credit, and credit guarantees; bond proceeds; equity | 10 | | investments; service payments; or other receipts arising out | 11 | | of or in connection with the financing, development, | 12 | | construction, management, or operation of the Hotel Florence. | 13 | | "State" means the State of Illinois.
| 14 | | Section 15. Authority to enter public-private agreement.
| 15 | | (a) Notwithstanding any provision of law to the contrary, | 16 | | the Department on behalf of the State may, pursuant to a | 17 | | competitive request for proposals process governed by the | 18 | | Illinois Procurement Code, rules adopted under that Code, and | 19 | | this Act, enter into a public-private agreement to develop, | 20 | | finance, construct, lease, manage, or operate the Hotel | 21 | | Florence on behalf of the State, pursuant to which the | 22 | | contractors may receive certain revenues, including management | 23 | | or user fees in consideration of the payment of moneys to the | 24 | | State for that right. | 25 | | (b) The term of a public-private agreement shall be no |
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| 1 | | less than 25 years and no more than 75 years. | 2 | | (c) The term of a public-private agreement may be | 3 | | extended, but only if the extension is specifically authorized | 4 | | by the General Assembly by law.
| 5 | | Section 20. Procurement; prequalification. The Department | 6 | | may establish a process for prequalification of offerors. If | 7 | | the Department does create such a process, it shall: | 8 | | (1) provide a public notice of the prequalification at | 9 | | least 30 days prior to the date on which applications are | 10 | | due; | 11 | | (2) set forth requirements and evaluation criteria in | 12 | | order to become prequalified; | 13 | | (3) determine which offerors that have submitted | 14 | | prequalification applications, if any, meet the | 15 | | requirements and evaluation criteria; and | 16 | | (4) allow only those offerors that have been | 17 | | prequalified to respond to the request for proposals. | 18 | | Section 25. Request for proposals process to enter into | 19 | | public-private agreement.
| 20 | | (a) Notwithstanding any provision of law to the contrary, | 21 | | the Department on behalf of the State shall select a | 22 | | contractor through a competitive request for proposals process | 23 | | governed by the Illinois Procurement Code and rules adopted | 24 | | under that Code and this Act. |
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| 1 | | (b) The competitive request for proposals process shall, | 2 | | at a minimum, solicit statements of qualification and | 3 | | proposals from offerors. | 4 | | (c) The competitive request for proposals process shall, | 5 | | at a minimum, take into account the following criteria: | 6 | | (1) the offeror's plans for the Hotel Florence | 7 | | project; | 8 | | (2) the offeror's current and past business practices; | 9 | | (3) the offeror's poor or inadequate past performance | 10 | | in developing, financing, constructing, managing, or | 11 | | operating historic landmark properties or other public | 12 | | assets; | 13 | | (4) the offeror's ability to meet and past performance | 14 | | in meeting or exhausting good faith efforts to meet the | 15 | | utilization goals for business enterprises established in | 16 | | the Business Enterprise for Minorities, Women, and Persons | 17 | | with Disabilities Act; | 18 | | (5) the offeror's ability to comply with and past | 19 | | performance in complying with Section 2-105 of the | 20 | | Illinois Human Rights Act; and | 21 | | (6) the offeror's plans to comply with the Business | 22 | | Enterprise for Minorities, Women, and Persons with | 23 | | Disabilities Act and Section 2-105 of the Illinois Human | 24 | | Rights Act.
| 25 | | (d) The Department shall not include terms in the request | 26 | | for proposals that provide an advantage, whether directly or |
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| 1 | | indirectly, to any contractor presently providing goods, | 2 | | services, or equipment to the Department. | 3 | | (e) The Department shall select one or more offerors as | 4 | | finalists. | 5 | | (f) After the procedures required in this Section have | 6 | | been completed, the Department shall make a determination as | 7 | | to whether the offeror should be designated as the contractor | 8 | | for the Hotel Florence project and shall submit the decision | 9 | | to the Governor and to the Governor's Office of Management and | 10 | | Budget. After review of the Department's determination, the | 11 | | Governor may accept or reject the determination. If the | 12 | | Governor accepts the determination of the Department, the | 13 | | Governor shall designate the offeror for the Hotel Florence | 14 | | project.
| 15 | | Section 30. Provisions of the public-private agreement.
| 16 | | (a) The public-private agreement shall include all of the | 17 | | following: | 18 | | (1) the term of the public-private agreement that is | 19 | | consistent with Section 40;
| 20 | | (2) the powers, duties, responsibilities, obligations, | 21 | | and functions of the Department and the contractor; | 22 | | (3) compensation or payments to the Department, if | 23 | | applicable; | 24 | | (4) compensation or payments to the contractor, if | 25 | | applicable; |
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| 1 | | (5) a provision specifying that the Department: | 2 | | (A) has ready access to information regarding the | 3 | | contractor's powers, duties, responsibilities, | 4 | | obligations, and functions under the public-private | 5 | | agreement; | 6 | | (B) has the right to demand and receive | 7 | | information from the contractor concerning any aspect | 8 | | of the contractor's powers, duties, responsibilities, | 9 | | obligations, and functions under the public-private | 10 | | agreement; and | 11 | | (C) has the authority to direct or countermand | 12 | | decisions by the contractor at any time; | 13 | | (6) a provision imposing an affirmative duty on the | 14 | | contractor to provide the Department with any information | 15 | | the contractor reasonably believes the Department would | 16 | | want to know or would need to know to enable the Department | 17 | | to exercise its powers, carry out its duties, | 18 | | responsibilities, and obligations, and perform its | 19 | | functions under this Act or the public-private agreement | 20 | | or as otherwise required by law; | 21 | | (7) the authority of the Department to enter into | 22 | | contracts with third parties pursuant to Section 40; | 23 | | (8) the authority of the Department to request that | 24 | | the contractor reimburse the Department for third party | 25 | | consultants related to the monitoring the project; | 26 | | (9) a provision governing the contractor's authority |
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| 1 | | to negotiate and execute subcontracts with third parties; | 2 | | (10) the authority of the contractor to impose user | 3 | | fees and the amounts of those fees; | 4 | | (11) a provision governing the deposit and allocation | 5 | | of revenues including user fees; | 6 | | (12) a provision governing rights to real and personal | 7 | | property of the State, the Department, the contractor, and | 8 | | other third parties; | 9 | | (13) grounds for termination of the agreement by the | 10 | | Department or the contractor and a restatement of the | 11 | | Department's rights under this Act; | 12 | | (14) a requirement that the contractor enter into a | 13 | | project labor agreement; | 14 | | (15) a provision stating that construction contractors | 15 | | shall comply with the requirements of Section 30-22 of the | 16 | | Illinois Procurement Code; | 17 | | (16) rights and remedies of the Department if the | 18 | | contractor defaults or otherwise fails to comply with the | 19 | | terms of the agreement; | 20 | | (17) procedures for amendment to the agreement; and | 21 | | (18) all other terms, conditions, and provisions | 22 | | acceptable to the Department that the Department deems | 23 | | necessary and proper and in the public interest.
| 24 | | Section 35. Time limitations. The Department shall issue a | 25 | | request for proposals within 6 months after the effective date |
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| 1 | | of this Act. The Department shall have 6 months from the date | 2 | | of issuance of the request for proposals to select a | 3 | | contractor. | 4 | | Section 40. Term of agreement; reversion of property to | 5 | | the Department.
| 6 | | (a) The Department may terminate the contractor's | 7 | | authority and duties under the public-private agreement on the | 8 | | date set forth in the public-private agreement. | 9 | | (b) Upon termination of the public-private agreement, the | 10 | | authority and duties of the contractor under this Act cease, | 11 | | except for those duties and obligations that extend beyond the | 12 | | termination, as set forth in the public-private agreement, and | 13 | | all interests in the Hotel Florence shall revert to the | 14 | | Department.
| 15 | | Section 45. Prohibited local action; home rule. A unit of | 16 | | local government, including a home rule unit, may not take any | 17 | | action that would have the effect of impairing the | 18 | | public-private agreement under this Act. This Section is a | 19 | | denial and limitation of home rule powers and functions under | 20 | | subsection (h) of Section 6 of Article VII of the Illinois | 21 | | Constitution. | 22 | | Section 50. Powers liberally construed. The powers | 23 | | conferred by this Act shall be liberally construed in order to |
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| 1 | | accomplish their purposes and shall be in addition and | 2 | | supplemental to the powers conferred by any other law. If any | 3 | | other law or rule is inconsistent with this Act, this Act is | 4 | | controlling as to any public-private agreement entered into | 5 | | under this Act.
| 6 | | Section 55. Full and complete authority. This Act | 7 | | contains full and complete authority for agreements and leases | 8 | | with private entities to carry out the activities described in | 9 | | this Act. Except as otherwise required by law, no procedure, | 10 | | proceedings, publications, notices, consents, approvals, | 11 | | orders, or acts by the Department or any other State or local | 12 | | agency or official are required to enter into an agreement or | 13 | | lease. | 14 | | Section 97. Severability. The provisions of this Act are | 15 | | severable under Section 1.31 of the Statute on Statutes. | 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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