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City of MolineCouncil Chambers
Committee-of-the-Whole Agenda
6:00 p.m.
Tuesday, October 8, 2019
Presentation Presentation of October NPC Awards – Aldi (Commercial)
and Judy Clouw (Residential) (K.J. Whitley,
Community Development Program Manager)
Urban Land Institute (ULI) Funding Update (Alexandra Elias, Renew
Moline President/CEO)
Questions on the Agenda
2. Jetter-Vacuum Purchase (Dave Mallum, Fleet Manager)
3. Deer Bow Season Dates (Darren Gault, Chief of Police)
4. Healthcare and Family Services IGA (Jeff Snyder, Fire
Chief)
5. Chapter 21 Amendment – Vacant Property (Derke Price, Corporate
Counsel)
6. 12th St & 27th Avenue Court Street Light Request (Scott
Hinton, City Engineer)
7. Other
Informational
FEMA Grant Application – 49th Street Pump Station Relocation (Scott
Hinton, City Engineer)
Springtime Free Yard Bag Collection (Rodd Schick, Municipal
Services General Manager)
Right-of-Way Sign Code Regulations and Enforcement (Derke Price,
Corporate Counsel, and Ryan Berger,
Land Development Manager)
Public Comment Members of the Public are permitted to speak after
coming to the podium and stating their names.
Explanation
1. A Resolution authorizing the purchase of twenty-one (21) 2020
Ford Police Interceptor Utility
Hybrid Electric Vehicles (HEV) from Sexton Ford for the amount of
$848,883. (Dave Mallum, Fleet
Manager)
Explanation: Fleet Services budgeted in 2019 to replace 21 Police
Department vehicles that have reached the
end of their reliable lives. Specifications were developed and a
request for proposal was published for 21 Ford
Interceptor Utility Hybrid vehicles. Sexton Ford submitted the
lowest and most responsive and responsible
proposal in the amount of $848,883 for the 21 vehicles. City staff
is also requesting that the current equipment
be disposed of by the Fleet Manager through the legal disposal
process that is most advantageous to the City,
whether sealed bid, auction, negotiation, or otherwise. Additional
documentation attached.
Staff Recommendation: Approval
Fiscal Impact: $754,950 is budgeted in Account #448-0867-437.07-03
and the remaining balance
is available in Fleet reserves.
Public Notice/Recording: N/A
Live
2. A Resolution authorizing the purchase of a Vactor Compressed
Natural Gas (CNG) Jetter-Vacuum
Combination unit from Coe Equipment, Inc. for the amount of
$400,897.38. (Dave Mallum, Fleet
Manager)
Explanation: The Water Pollution Control Division uses combination
jetter-vacuum units for maintenance of
the storm and sanitary sewer systems and as a hydro excavation tool
to aid in utility work. One of the current
units has been in service since 2009 and has exceeded its reliable,
useful life. This unit has been scheduled for
replacement in 2019. After examining historical experience and
usage data for this application, it has been
determined that a fully dedicated Compressed Natural Gas (CNG)
power train can meet the torque and horsepower
needs of this unit. CNG is an alternative fuel that provides
efficient performance at a low cost and it burns cleaner
than diesel fuel. The combination unit specified is available for
procurement as part of a joint purchasing
agreement through Sourcewell (formerly NJPA) active contract
#122017-FSC. Staff recommends a joint purchase
of one Vactor Compressed Natural Gas (CNG) Combination
Jetter-Vacuum unit from Coe Equipment, Inc. for
$400,897.38 after trade in allowance of $69,756.00.
Staff Recommendation: Approval
Equipment; $11,751.21 in Account #445-9966-415.03-22, Liability
Fund for
Safety Options.
Live
3. A Resolution setting the dates for the 2019-2020 deer bow season
for the City of Moline pursuant to
the requirements of Section 7-1109A(f) of the Moline Code of
Ordinances. (Darren Gault, Police
Chief)
Explanation: Section 7-1109A of the Moline Code of Ordinances sets
forth regulations for archery deer hunting
within Moline’s corporate limits. Subsection (f) of Section 7-1109A
provides that said hunting will only be
allowed on those specific days designated as deer bow season by the
Illinois Department of Natural Resources
(“IDNR”) and the City. The City wishes to set dates for its
2019-2020 deer bow season to coincide with the dates
set by IDNR, specifically, October 1, 2019 through January 19,
2020. Due to the start date of IDNR’s season as
October 1, 2019, City staff requests that this item move forward
for approval. This item will also appear on the
City Council Agenda on October 8, 2019, under “Items Not on
Consent.”
Staff Recommendation: Approval
Fiscal impact: N/A
Public Notice/Recording: N/A
Goals Impacted: None Identified
4. A Resolution authorizing the Mayor and City Clerk to execute an
Intergovernmental Agreement
between the Illinois Department of Healthcare and Family Services
and the City of Moline to allow
the City to be eligible for supplemental payments for covered
ambulance services pursuant to the
terms of the Intergovernmental Agreement; and authorizing all
appropriate City of Moline officers
and staff to do all things necessary to complete each of the City’s
responsibilities pursuant to the
Intergovernmental Agreement. (Jeff Snyder, Fire Chief)
Explanation: The Illinois Department of Healthcare and Family
Services (HFS) has submitted an application to
the Centers for Medicare and Medicaid Services to change the
methods and standards of payment to a
“Participating Municipal Ambulance Provider” (Provider) for covered
ambulance services as defined in the
Intergovernmental Agreement (IGA). The City of Moline’s Fire
Department is a Provider.
In anticipation of the application approval by the Centers for
Medicare and Medicaid Services, HFS is requesting
an agency cost report and an executed IGA from those Provider
agencies wishing to participate in the program.
The City received this information in late September, and
submission of an initial cost report and an executed
IGA was required by October 1, 2019, to be eligible for 2019
funding. The City therefore seeks to complete the
initial cost report and execution of the IGA and submit them to HFS
by its November 1, 2019 deadline to be
eligible for 2020 funding.
In sum, HFS is proposing a payment method that will allow a
Provider to receive supplemental payments above
the fee schedule rates currently received if the cost to provide
the covered ambulance services exceeds the current
fee schedule. If the new funding method is approved, each Provider
will be eligible to receive the difference
between the actual costs for transport and the fee schedule. A
Ground Emergency Medical Transport (GEMT)
Reimbursement program will be adopted, and HFS and the City would
evenly split the enhanced reimbursement
revenue. As part of the program, the Fire Department will be
required to submit a new cost report annually as
directed by HFS. To allow City staff time to complete submission of
an initial cost report and an executed IGA
to HFS by the above-referenced November 1, 2019 deadline. This item
will also appear on the City Council
Agenda on October 8, 2019, under “Items Not on Consent.” Additional
documentation attached.
Staff Recommendation: Approval
Fiscal Impact: To be determined; potential for enhanced revenue for
providing City covered
ambulance services is dependent upon HFS’s application approval by
the Centers
for Medicare and Medicaid Services.
Public Notice/Recording: N/A
Goals Impacted: A Great Place to Live, Strong Local Economy
5. An Ordinance amending Chapter 21, “NUISANCES IN GENERAL,” of the
Moline Code of
Ordinances, by enacting one new Article III, “REGISTRATION OF
VACANT PROPERTIES
AND PROPERTIES WITH DEFAULTED MORTGAGES.” (Derke Price, Corporate
Counsel)
Explanation: The City wishes to expand upon its efforts to
revitalize and stabilize its neighborhoods and has
discussed adding a proactive process to address the deterioration,
crime, and decline in value of Moline
neighborhoods caused by vacant properties and properties with
defaulted mortgages. By identifying these
properties at an early stage, the City is in a better position to
monitor and respond to any adverse consequences
arising from the vacancy or economic circumstances leading to the
foreclosure. The City has determined that
owner-occupied structures are generally better maintained when
compared to vacant structures, even with a
diligent off-site property owner. Vacant structures or structures
owned by individuals who are under economic
stress and unable to meet their mortgage obligations are often not
properly or diligently maintained; consequently,
they contribute to blight and declining property values and have a
negative impact on social perception of the
areas where they are located. The City therefore intends to
establish a property registry program for “registrable
property,” as defined in the ordinance, as a mechanism to help
protect Moline’s neighborhoods from becoming
blighted through the lack of adequate maintenance of certain
properties that are vacant, foreclosed and/or in
default or defaulted, and to provide a mechanism to avert
foreclosure actions through timely intervention,
education, or counseling of property owners.
This ordinance amendment will provide for the implementation of
such a registry program and for the penalties
and enforcement of its regulations. The program will include the
following requirements, in part:
Real property not subject to mortgage in default:
Any owner of vacant property located within the City shall register
with the City within 10 days after the
property becomes vacant or within 10 days after assuming ownership
of the property, whichever is later.
$300 registration fee for each vacant property; the fee is
semi-annual and nonrefundable.
The fee will be used to offset costs of registration, registration
enforcement, code enforcement and mitigation
related to vacant properties, and for any related purposes as may
be adopted pursuant to the ordinance.
Upon sale or transfer of a property, the new owner is subject to
all terms of registry regulations, including
inspection, security and maintenance standards as long as the
property is vacant.
Real property subject to mortgage in default or defaulted:
Mortgagee of such property shall perform a property inspection,
provided the mortgage authorizes such a
right to inspect, a lawful court order permits such an inspection,
or consent to such an inspection is given by
a person of majority age with a legal right to occupy said
property. The property shall be inspected every 30
days by mortgagee or mortgagee’s designee.
Mortgagee shall register the property with the City registry within
10 days of the date mortgagee declares its
mortgage to be in default or defaulted and indicate if the property
is vacant, and if so, designate a property
manager to inspect, maintain and secure the property.
$300 registration fee for each property in default or defaulted;
the fee is semi-annual and nonrefundable.
The fee will be used to offset the costs of registration,
registration enforcement, code enforcement and
mitigation related to defaulted properties, post-closing counseling
and foreclosure intervention, and for any
related purposes as may be adopted pursuant to the ordinance.
Upon sale or transfer, new mortgagee is subject to all terms of the
registry’s regulations, including inspection,
security and maintenance standards as long as the property remains
defaulted.
In addition, a late fee shall be applied to any non-registered
property or upon non-payment of the registration fee,
and any property in violation may be deemed a public nuisance and
is subject to the City’s actions to ensure
compliance, which may include placement of a lien on the
property.
Staff Recommendation: Approval
Fiscal impact: Revenue generated by registration fee; anticipated
decrease in future City
enforcement costs pursuant to reduction of blighted
properties.
Public Notice/Recording: Pamphlet Publication
Goals Impacted: A Great Place to Live
6. A Resolution authorizing approval of a request for a street
light at the intersection of 12th Street
and 27th Avenue Court, Moline. (Scott Hinton, City Engineer)
Explanation: City staff received a request to install a street
light at the intersection of 12th Street and 27th Avenue
Court due to safety concerns after dark. Existing street lights are
located approximately 160’ to the north and
approximately 210’ to the south, however, they provide little
illumination to the intersection due to mature trees
on the street. The City’s Street Light Policy states that street
lights shall be placed at intervals not less than 230’,
so a new street light at this location would not be consistent with
the Policy. The Policy also states, however, that
“Generally, street lights shall be placed at each intersection.”
Based on this language and given that the
intersection is not adequately illuminated, staff recommends a
light be installed. Additional documentation
attached.
Fiscal Impact: $375,000 is budgeted in 010-0843-435.04-16, Traffic
Signal Maintenance, Utility
Service for street lights. The annual cost of a street light is
approximately $90.
Public Notice/Recording: N/A
Goals Impacted: Improved City Infrastructure & Facilities, A
Great Place to Live
ROW Sign Code Regulations
CURRENT
Sec. 3-1102 Posting Notice, Placard, Bill, Etc. Prohibited in
Certain Cases. • No person shall post, stick, stamp, paint or
otherwise fix or
cause the same to be done by any person, any notice, placard, bill,
card, poster, advertisement or other paper or device calculated to
attract the attention of the public to or upon any sidewalk,
crosswalk, curb or curbstone, flagstone, or any other portion or
part of any public way or public place or any lamppost, electric
light, telegraph, telephone pole or railway structure, hydrant,
shade tree, or tree box or upon the piers, columns, tresses,
girders, railings, gates, or other parts of any public bridge or
viaduct or other public structure or building or upon any pole,
box, or fixture of the fire alarm or police alarm system, except
such as may be authorized or required by the laws of the United
States or state and the ordinances of the City.
3-1102
• Notice of Violation handled through Administrative
Adjudication
Sec. 3-2108. Signs in the Public Right-of-Way
No signs shall be allowed in the public right-of-way, except for
the following:
(1) Permanent signs, including:
a. Public signs erected by or on behalf of a governmental body to
post legal notices, identify public property, convey information to
the public, and direct or regulate pedestrian or vehicular
traffic;
b. Transit signs erected by a public transit authority;
c. Informational signs of a public utility regarding its poles,
lines, pipes, or facilities; and
d. Awning, projecting, and suspended signs projecting over a public
right-of-way in conformity with the conditions of Table 3- 2105.1
of this ordinance and only after approval of a licensing agreement
by the City Council and compliance with all City codes, policies,
rules, and regulations pertaining to right-of-way restrictions and
encroachments, and shall include, but not be limited to, proof of
insurance for said licensing agreements as per City requirements
with the City listed as an insured in an amount as established,
from time to time, by the City Council.
(2) Emergency warning signs erected by a governmental agency, a
public utility company, or a contractor doing authorized or
permitted work within the public right-of-way.
(3) Any sign installed or placed on public property, except in
conformance with the requirements of this section, shall be removed
from the public right-of-way and kept in the possession of the City
for a period of at least thirty (30) days during which time the
City shall attempt to contact the owner of such a confiscated sign
for the purpose of notifying the owner that the sign has been
confiscated and may be retrieved by the owner from the City. If the
owner of said confiscated sign fails to retrieve the sign within
thirty (30) days, the City may discard any such confiscated signs
without further notice to said sign owner. In addition to other
remedies hereunder, the City shall have the right to recover from
the owner or person placing such a sign the full costs of removal
and disposal of such sign.
ADMINISTRATIVE CODE ENFORCEMENT (RICCES) Sec. 2-6110 Jurisdiction;
Schedule of Penalties
Proposed Amendments
• Amend 3-2108 to add a schedule of minimum fines for violations
that increases with the frequency of repeat offenses (e.g.,
50/100/200/400) plus court costs and retrieval costs.
• Amend 2-6110 to add 3-2108 to jurisdiction and set forth the
minimum fines
• Develop strategies with PD to track down violators using false
phone numbers.
vfelger
Typewritten Text
EXHIBIT A
H:\Admin\Rhonda\Word\Council\COW Agenda\2019\10-08-2019\Jetter
Truck LCA Diesel vs CNG 2019
1
2 3 4 5 6 9 10 11 12 14 15 16 17 19 22 23 24 25 28 29 30 31 32 33
37 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54
A B C D E F G
FORMULA/SOURCE: 120 Actual Months: 120 Actual Months in Service
given the Maximum Replacement Hours and Hours-per-Month
10,000 Actual Hours: 10,080 Actual Hours at Replacement given the
Maximum Service Months and Hours-per-Month 84 Daily Hours: 2.8
Expected Average Hours-per-Month driven; Average Daily Hours driven
given the hours-per-Month entered
2.00% Monthly Interest: 0.167% Annual Interest Rate/12-months 1.67%
Rate currently used by Fleet Services 2.86$ Average price of fuel
per gallon for Diesel 1.04$ Average price of fuel per GGE for
Compressed Natural Gas (CNG)
0% Percentage of personal use for which the employee reimburses the
City
Diesel CNG Models being analyzed
Factory Invoice Price 363,706.00$ 400,897.00$ Price quoted by
dealer / + CNG conversion invoice. AFV Rebate Illinois EPA -$ -$
Illinois EPA Green Fleet Rebate for alternative vehicle
purchase
Net Acquisition Cost 363,706.00$ 400,897.00$ -$ Invoice Price -
Fleet Incentives
Effective Depreciation 293,706.00$ 370,897.00$ Net Acquisition Cost
- Projected Resale Price Projected Resale Price 70,000.00$
30,000.00$ Value anticipated from historic comparisons Cost of
Money 19,910.36$ 21,946.30$ -$ Cost of Money not invested for rate
of return. (Year 1 interest + Year 2 interest + Year 3 interest +
Year 4 interest + Year 5 interest) Year 1 6,605.99$ 7,281.49$ -$
(Net Vehicle Cost * Year 1 Interest Factor) * Year 1 Total Months)
Year 2 5,148.26$ 5,674.70$ -$ (Net Vehicle Cost * Year 2 Interest
Factor) * Year 2 Total Months) Year 3 3,690.52$ 4,067.90$ -$ (Net
Vehicle Cost * Year 3 Interest Factor) * Year 3 Total Months) Year
4 2,232.79$ 2,461.11$ -$ (Net Vehicle Cost * Year 4 Interest
Factor) * Year 4 Total Months) Year 5 2,232.79$ 2,461.11$ -$ (Net
Vehicle Cost * Year 5 Interest Factor) * Year 5 Total Months)
Delivery Days 180 180 Calendar days for guaranteed delivery
Total Fixed Cost: 313,616.36$ 392,843.30$ -$ Actual Depreciation +
Interest + Build Time Delay Cost
Total Fuel Cost 85,800.00$ 31,200.00$ (Actual Hours/Estimated
Hours-per-Gallon) * Fuel Cost-per-Gallon Estimated hours-per-Gallon
0.33 0.38 Value from actual experience Total Maintenance Cost
230,900.00$ 114,000.00$ Actual Hours * Estimated Maintenance
Cost-per-Hour Estimated Maintenance Cost-per-Hour 23.0900$ 1.1400$
Value from actual experience (Insurance, license, maintenance,
etc...) Chassis only, packer and arm maintenance not
included.
Total Operating Cost: 316,700.00$ 145,200.00$ -$ Total Fuel Cost +
Total Maintenance Cost
Fixed Cost for Personal Use -$ -$ -$ Total Fixed Cost * Estimated
Personal Use Operating Cost for Personal Use -$ -$ -$ Total
Operating Cost * Estimated Personal Use
Total Personal Use Cost -$ -$ -$ Fixed Cost for Personal Use +
Operating Cost for Personal Use (amount to be reimbursed to City by
employee)
630,316.36$ 538,043.30$ -$ Total Fixed Cost + Total Operating Cost
- Total Personal Use Cost 62.5314$ 53.3773$ -$ Total Lifecycle Cost
/ Actual Hours
Lifecycle Cost Analysis WPC Jetter Truck, Diesel versus CNG Derived
ValuesUniversal Variable Data
Diesel Fuel Cost-per-Gallon:
Estimated Personal Use:
CNG Fuel Cost-per-Gallon:
Target Replacement Hours
THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES AND
THE CITY OF MOLINE, ILLINOIS, a municipal corporation The Illinois
Department of Healthcare and Family Services (HFS or the
Department) and the City of Moline, Illinois (MOLINE), pursuant to
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., hereby
enter into this Intergovernmental Agreement (Agreement) in
connection with enhanced rates for ambulance services. HFS and
MOLINE are collectively referred to herein as “Parties” or
individually as a “Party.”
ARTICLE I INTRODUCTION
1.01 Background. Article XII of the Illinois Public Aid Code
authorizes the Illinois Department of Healthcare and Family
Services to make use of, aid and co-operate with State and local
governmental agencies, and the Intergovernmental Cooperation Act, 5
ILCS 220/1 et seq. provides for cooperation between units of
government. MOLINE operates a Fire Department (Provider) that is
enrolled in the Medical Assistance Program that provides covered
ambulance services to individuals eligible for benefits under the
Medical Programs; the costs of providing the services described
above is not covered by the fee schedule pursuant to which the
Department and Managed Care Organizations (MCOs) pay for such
services. 1.02 Purpose. In order to provide greater cost coverage
to Provider through enhanced rates for services, the Parties enter
into this Intergovernmental Agreement. 1.03 Definitions.
(a) Covered Ambulance Services means all ambulance services
reimbursable under the Illinois Medicaid state plan and provided to
beneficiaries of Medical Programs.
(b) Effective Federal Match Rate means the weighted average of the
Federal Medical Assistance Percentage (FMAP) for Illinois
non-Affordable Care Act (ACA) enrollees and the enhanced FMAP for
ACA expansion population based on the percentage of specified
covered services to the different populations.
(c) Fee-for-service (FFS) means the services under Medical Programs
reimbursed to providers directly by the Department and not through
an MCO.
(d) Managed Care Program means services under the Medical Programs
for which the Department pays a capitated payment to MCOs to cover
the cost of covered medical services.
(e) Managed Care Organization (MCO) means an entity under contract
with the Department receiving capitated payments and at risk for
providing reimbursement for enrollees.
(f) Medical Programs means programs administered by the Department
under the Illinois Public Aid Code (305 ILCS 5/5 et seq.), the
Children’s Health Insurance Program Act (215 ILCS 106/1 et seq.)
and the Covering All Kids Health Insurance Act (215 ILCS 170/1 et
seq.).
(g) Participating Municipal Ambulance Provider (Provider) means an
ambulance provider owned by a municipal corporation that has
executed an Intergovernmental Agreement with the Department with
terms substantially identical to this Agreement.
INTERGOVERNMENTAL AGREEMENT
2
(h) Specified Covered Ambulance Services means emergency and
non-emergency Basic Life Support and Advanced Life Support trips
and does not include mileage or oxygen.
ARTICLE II INTERGOVERNMENTAL TRANSFER 2.01 Provider will transfer
on a periodic basis to the Department an amount equal to 50% of the
total enhanced rates paid to Provider by the Department and all
MCOs for the period. 2.02 For FFS payments, the Department will
send a monthly invoice to Provider for the higher FFS payments
described in Article III. 2.03 For MCO payments, the transfer of
50% of the supplemental payment described in Article III shall be
made within 14 days after the receipt of enhanced payments from the
MCO.
ARTICLE III ENHANCED RATES FOR SERVICES
3.01 Expenditures. The Department shall pay or cause MCOs to pay
enhanced rates to Provider for specified covered ambulance services
pursuant to this Article III in addition to payments made at the
Department’s published fee schedule. 3.02 The enhanced rate will be
determined as follows:
a. The Department will establish classes of similar Participating
Municipal Ambulance Providers.
b. For each provider in the class, the Department will calculate an
amount as follows using data from each provider’s most recent cost
report:
i. Provider’s total costs for covered ambulance services will be
calculated based on submittal of the Department’s approved cost
report.
ii. Total fee schedule payments received for covered ambulance
services by Provider will be subtracted from costs to determine the
cost coverage gap.
iii. The cost coverage gap will be divided by the number of
Specified Covered Ambulance Services to determine a per service
add-on payment
3.03 For FFS claims, the Department will add the calculated add-on
amount to Provider’s rate on the FFS fee schedule and the enhanced
rate will be paid with the original claim. 3.04 On a quarterly
basis, using encounter data of paid claims from each MCO in the
Managed Care Program received by the Department during the quarter,
the Department will identify the number of Specified Covered
Ambulance Services provided to each MCO’s enrollees by Provider
multiplied by the uniform add-on fee and cause each MCO to pay
provider the amount so calculated. 3.05 If mutually agreed upon by
the Department and all Participating Municipal Ambulance Providers,
the payment of enhanced rates may be moved from a quarterly basis
to a monthly basis.
ARTICLE IV TERM
4.01 Term. This Agreement shall commence January 1, 2020, or as
soon as federal approval is received for the Directed Payments
required by this Agreement and shall continue until otherwise
terminated by the Parties.
ARTICLE V
INTERGOVERNMENTAL AGREEMENT
3
TERMINATION 5.01 Termination on Notice. This Agreement may be
terminated by either Party for any or no reason upon thirty (30)
days’ prior written notice to the other Party.
5.02 Termination for Cause. In the event either Party breaches this
Agreement and fails to cure such breach within ten (10) days’
written notice thereof from the non-breaching Party, the
non-breaching Party may terminate this Agreement upon written
notice to the breaching Party.
5.03 Availability of Appropriation; Sufficiency of Funds. This
Agreement is contingent upon and subject to the availability of
sufficient funds. The Department may terminate or suspend this
Agreement, in whole or in part, without advance notice and without
penalty or further payment being required, if (i) sufficient funds
for this Agreement have not been appropriated or otherwise made
available to the Department by the State or the Federal funding
source, (ii) the Governor or the Department reserves funds, or
(iii) the Governor or the Department determines that funds will not
or may not be available for payment. The Department shall provide
notice, in writing, to Provider of any such funding failure and its
election to terminate or suspend this Agreement as soon as
practicable. Any suspension or termination pursuant to this Section
will be effective upon the date of the written notice unless
otherwise indicated.
ARTICLE VI MISCELLANEOUS
6.01 Renewal. This Agreement may be renewed for additional periods
by mutual consent of the Parties, expressed in writing and signed
by the Parties. 6.02 Amendments. This Agreement may be modified or
amended at any time during its term by mutual consent of the
Parties, expressed in writing and signed by the Parties. 6.03
Applicable Law and Severability. This Agreement shall be governed
in all respects by the laws of the State of Illinois. If any
provision of this Agreement shall be held or deemed to be or shall
in fact be inoperative or unenforceable as applied in any
particular case in any jurisdiction or jurisdictions or in all
cases because it conflicts with any other provision or provisions
hereof or any constitution, statute, ordinance, rule of law or
public policy, or for any reason, such circumstance shall not have
the effect of rendering any other provision or provisions contained
herein invalid, inoperative or unenforceable to any extent
whatsoever. The invalidity of any one or more phrases, sentences,
clauses, or sections contained in this Agreement shall not affect
the remaining portions of this Agreement or any part thereof. In
the event that this Agreement is determined to be invalid by a
court of competent jurisdiction, it shall be terminated
immediately.
6.04 Records Retention. The Parties shall maintain for a minimum of
six (6) years from the later of the date of final payment under
this Agreement, or the expiration of this Agreement, adequate
books, records and supporting documents to comply with the Illinois
State Records Act. If an audit, litigation or other action
involving the records is begun before the end of the six-year
period, the records shall be retained until all issues arising out
of the action are resolved. 6.05 No Personal Liability. No member,
official, director, employee or agent of either Party shall be
individually or personally liable in connection with this
Agreement.
INTERGOVERNMENTAL AGREEMENT
4
6.06 Assignment; Binding Effect. This Agreement, or any portion
thereof, shall not be assigned by any of the Parties without the
prior written consent of the other Parties. This Agreement shall
inure to the benefit of and shall be binding upon the Parties and
their respective successors and permitted assigns. 6.07 Precedence.
In the event there is a conflict between this Agreement and any of
the exhibits hereto, this Agreement shall control. In the event
there is a conflict between this Agreement and relevant statute(s)
or Administrative Rule(s), the relevant statute(s) or rule(s) shall
control. 6.08 Entire Agreement. This Agreement constitutes the
entire agreement between the Parties; no promises, terms, or
conditions not recited, incorporated or referenced herein,
including prior agreements or oral discussions, shall be binding
upon either Party. 6.09 Notices. All written notices, requests and
communications may be made by electronic mail to the e-mail
addresses set forth below. To HFS: Mary.Doran@illinois.gov
Kiran.Mehta@illinois.gov To City of Moline: Jeff Snyder, Fire
Chief: jsnyder@moline.il.us Travis Noyd, Deputy Fire Chief, EMS
Division: tnoyd@moline.il.us 6.10 Headings. Section and other
headings contained in this Agreement are for reference purposes
only and are not intended to describe, interpret, define or limit
the scope, extent or intent of this Agreement or any provision
hereof.
6.11 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be considered to be one and the
same agreement, binding on all Parties hereto, notwithstanding that
all Parties are not signatories to the same counterpart. Duplicated
signatures, signatures transmitted via facsimile, or signatures
contained in a Portable Document Format (PDF) document shall be
deemed original for all purposes. IN WITNESS WHEREOF, the Parties
hereto have caused this Agreement to be executed by their duly
authorized representatives. CITY OF MOLINE, ILLINOIS ILLINIOIS
DEPARTMENT OF HEALTHCARE AND
FAMILY SERVICES __________________________________ Stephanie Acri
Theresa Eagleson Mayor Director Date: Date: Attest: Janine
Hollembaek Parr City Clerk
1. att
4. Healthcare and Family Sevices IGA
4. att
6. Street Light Request 12th Street and 27th Avenue Ct
6. att