Bill Amendment: IL HB0782 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE GOVERNMENT-TECH

Status: 2025-01-07 - Session Sine Die [HB0782 Detail]

Download: Illinois-2023-HB0782-House_Amendment_001.html

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Rep. Nicholas K. Smith

Filed: 4/16/2024

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AMENDMENT TO HOUSE BILL 782
AMENDMENT NO. ______. Amend House Bill 782 by replacing
everything after the enacting clause with the following:
"Section 5. The Reimagining Hotel Florence Act is amended
by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25, and
45-30 as follows:
(20 ILCS 3407/45-5)
Sec. 45-5. Legislative intent. Originally built in 1881,
the Hotel Florence is located within the Pullman Historic
District and was placed on the National Register of Historic
Places in 1969 and was designated a National Historic Landmark
on December 30, 1970. To save it from demolition the Historic
Pullman Foundation purchased the hotel in 1975 and maintained
ownership until 1991 when the State of Illinois took title of
the building. The Hotel Florence is continually closed for
renovations and is a semi-closed public space.

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The hotel sits within next to the Pullman National
Historic Landmark District, which was designated as a National
Monument in 2015 and recently redesignated as Illinois's first
National Park on December 29, 2022 and is operated by the U.S.
National Park Service. This redesignation allows for the
National Park Service to enter into cooperative agreements
with outside parties for interpretive and educational programs
at nonfederal historic properties within the boundaries of the
park and to provide assistance for the preservation of
nonfederal land within the boundaries of the historical park
and at sites in close proximity to it, which includes may
include the Pullman State Historic Site (Hotel Florence, Hotel
Florence Annex, Factory Grounds, Rear Erecting Shops, Front
Erecting Shop North Factory Wing, and Front Erecting Shop
South Factory Wing Ruin).
The General Assembly has allocated $21,000,000 in capital
infrastructure funds to aid in the restoration and capital
improvements at the Pullman State Historic Site, including,
but not limited to, renovation redevelopment of the Hotel
Florence.
The General Assembly finds that allowing for the
Department of Natural Resources to enter into a public-private
partnership that will allow the Hotel Florence to become a
fully reactivated space in a timely manner that is in the
public benefit of the State and the local Pullman community.
(Source: P.A. 103-570, eff. 1-1-24.)

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(20 ILCS 3407/45-10)
Sec. 45-10. Definitions. In this Act:
"Agreement" means a public-private agreement.
"Contractor" means a person that has been selected to
enter or has entered into a public-private agreement with the
Department on behalf of the State for the development,
financing, construction, management, or operation of the Hotel
Florence pursuant to this Act.
"Department" means the Department of Natural Resources.
"Hotel Florence" means real property in the City of
Chicago located within the Pullman State Historic Site
District that is owned by the Illinois Department of Natural
Resources and was acquired in 1991, at the address of 11111 S.
Forrestville Avenue, Chicago, Illinois, as well as the
adjacent Hotel Florence Annex building located at 537 East
111th Street, Chicago, Illinois 60628 and any associated
grounds connected to the Hotel Florence or Hotel Florence
Annex either property.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the Department.
"Offeror" means a person that responds to a request for
solicitations proposals under this Act.
"Operate" or "operation" means to do one or more of the

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following: maintain, improve, equip, modify, or otherwise
operate.
"Person" means any individual, firm, association, joint
venture, partnership, estate, trust, syndicate, fiduciary,
corporation, or any other legal entity, group, or combination
thereof.
"Public-private agreement" means an agreement or contract
between the Department on behalf of the State and all
schedules, exhibits, and attachments thereto, entered into
pursuant to a competitive request for solicitations proposals
process governed by this Act, for the development, financing,
construction, management, or operation of the Hotel Florence
under this Act.
"Pullman Factory" means real property in the City of
Chicago located within the Pullman State Historic Site that is
owned by the Department of Natural Resources and was acquired
in 1991, at the addresses 620 and 630 East 111th Street,
Chicago, Illinois 60628. The Factory Grounds include the Front
Erecting Shop North Factory Wing, Front Erecting Shop South
Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car
Display Building, Rail Spur Connection, and associated
grounds.
"Revenues" means all revenues, including, but not limited
to, income, user fees, earnings, interest, lease payments,
allocations, moneys from the federal government, the State,
and units of local government, including, but not limited to,

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federal, State, and local appropriations, grants, loans, lines
of credit, and credit guarantees; bond proceeds; equity
investments; service payments; or other receipts arising out
of or in connection with the financing, development,
construction, management, or operation of the Hotel Florence.
"State" means the State of Illinois.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-15)
Sec. 45-15. Authority to enter public-private agreement.
(a) Notwithstanding any provision of law to the contrary,
the Department on behalf of the State may, pursuant to a
competitive solicitation request for proposals process
governed by the Illinois Procurement Code, rules adopted under
that Code, and this Act, enter into a public-private agreement
to develop, finance, construct, lease, manage, divest
ownership in, and or operate the Hotel Florence and the
Pullman Factory on behalf of the State, pursuant to which the
contractors may receive certain revenues, including management
or user fees in consideration of the payment of moneys to the
State for that right. At the discretion of the Department, the
Factory Grounds may be included in the public-private
agreement.
(b) The term of a public-private agreement shall be no
less than 25 years and no more than 75 years.
(c) The term of a public-private agreement may be

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extended, but only if the extension is specifically authorized
by the General Assembly by law.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-20)
Sec. 45-20. Prequalification Procurement;
prequalification. The Department may establish a process for
prequalification of offerors. The Department may enter into
agreements with governmental entities and other outside
entities to assist in drafting the solicitation and evaluation
process as well as develop evaluation criteria for the
prequalification of offerors. If the Department does create
such a process, it shall:
(1) provide a public notice of the prequalification at
least 30 days prior to the date on which applications are
due;
(2) set forth requirements and evaluation criteria in
order to become prequalified;
(3) determine which offerors that have submitted
prequalification applications, if any, meet the
requirements and evaluation criteria; and
(4) allow only those offerors that have been
prequalified to respond to the request for solicitations
proposals.
(Source: P.A. 103-570, eff. 1-1-24.)

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(20 ILCS 3407/45-25)
Sec. 45-25. Request for solicitation proposals process to
enter into public-private agreement.
(a) Notwithstanding any provision of law to the contrary,
the Department on behalf of the State shall select a
contractor through a competitive solicitation request for
proposals process governed by the Illinois Procurement Code
and rules adopted under that Code and this Act. The Department
may enter into agreements with governmental entities and other
outside entities to assist the Department in drafting,
reviewing, and scoring the proposals.
(b) The competitive solicitation request for proposals
process shall, at a minimum, solicit statements of
qualification and proposals from offerors.
(c) The competitive request for solicitation proposals
process shall, at a minimum, take into account the following
criteria:
(1) the offeror's plans for the Hotel Florence
project, including, but not limited to, building use,
experience, environmental concerns, and a proposed
preservation and rehabilitation plan compliant with the
Illinois State Agency Historic Preservation Act;
(2) the offeror's current and past business practices;
(3) the offeror's poor or inadequate past performance
in developing, financing, constructing, managing, or
operating historic landmark properties or other public

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assets;
(4) the offeror's ability to meet and past performance
in meeting or exhausting good faith efforts to meet the
utilization goals for business enterprises established in
the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act;
(5) the offeror's ability to comply with and past
performance in complying with Section 2-105 of the
Illinois Human Rights Act; and
(6) the offeror's plans to comply with the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act and Section 2-105 of the Illinois Human
Rights Act; and .
(7) the offeror's plans for the Pullman Factory.
(d) The Department shall not include terms in the request
for solicitations proposals that provide an advantage, whether
directly or indirectly, to any contractor presently providing
goods, services, or equipment to the Department.
(e) The Department shall select one or more offerors as
finalists.
(f) After the procedures required in this Section have
been completed, the Department shall make a determination as
to whether the offeror should be designated as the contractor
for the Hotel Florence project and shall submit the decision
to the Governor and to the Governor's Office of Management and
Budget. After review of the Department's determination, the

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Governor may accept or reject the determination. If the
Governor accepts the determination of the Department, the
Governor shall designate the offeror for the Hotel Florence
project.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-30)
Sec. 45-30. 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 45-40 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, if
applicable;
(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,

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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;
(6.5) a provision that this project will require using
guidelines with The Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines
for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings; the period of the
original construction (Hotel Florence and grounds from
1880 through 1897; and Hotel Annex from 1914 through 1930)
should be used to guide the project design and
construction;
(7) the authority of the Department to enter into
contracts with third parties pursuant to Section 45-40;
(8) the authority of the Department to request that
the contractor reimburse the Department for third party
consultants related to the monitoring the project;

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(9) a provision governing the contractor's authority
to negotiate and execute subcontracts with third parties;
(10) the authority of the contractor to impose user
fees and the amounts of those fees;
(11) a provision governing the deposit and allocation
of revenues including user fees;
(12) a provision governing rights to real and personal
property of the State, the Department, the contractor, and
other third parties;
(13) grounds for termination of the agreement by the
Department or the contractor and a restatement of the
Department's rights under this Act;
(14) a requirement that the contractor enter into a
project labor agreement;
(15) a provision stating that construction contractors
shall comply with the requirements of Section 30-22 of the
Illinois Procurement Code;
(16) rights and remedies of the Department if the
contractor defaults or otherwise fails to comply with the
terms of the agreement;
(17) procedures for amendment to the agreement; and
(18) all other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest ; and .
(19) a requirement that the contract complies with the
Business Enterprise for Minorities, Women, and Persons

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with Disabilities Act and Section 2-105 of the Illinois
Human Rights Act.
(Source: P.A. 103-570, eff. 1-1-24.)