05-03-2011 COW Agenda by pengxuebo

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									                                                                                        City of Moline
                                                                             619 16 Street, Moline – 2nd Floor
                                                                                            Council Chambers
Committee-of-the-Whole Agenda
                                                                                        6:30 p.m.
                                                                           Tuesday, May 3, 2011

Mayor’s Board & Commission Appointments
Mayor’s reappointment of James K. Peterson and Mike Simons to the Building Board of Appeals for a full
four year term to expire May 31, 2015.
Mayor’s appointment of Sean Liddell to the Bi-State Regional Commission.
Oath of Office
Oath of office for regular commissioned appointment as a Police Officer to Andrew S. Raya, hired on May
3, 2010.
Proclamations
Proclamation from the City of Moline Water Department to declare May 1-7, 2011 as “National Drinking
Water Week.”
A Proclamation from Moline Parks & Recreation to declare May 2011, as “Water Safety Month.”
Questions on the Agenda
Agenda Items
       1. 2011/2012 Joint Salt Purchase. (Doug House, Municipal Services General Manager)
       2. Purchase of Heavy-Duty Fire Pumper. (JD Schulte, Fleet Services Manager)
       3. Services Agreement with WEBQA, Inc. for Websites. (Pam Owens, Main Street Program
          Coordinator)
       4. A Lease and Concession Agreement with Stephanie and Gary Wicall to sell food and
          beverages from a mobile concession stand.   (Chris Mathias, Property Management
          Coordinator)
       5. A Proposal from Concentra Medical Centers (Concentra) for Occupational Health
          Services. (Amy Valdes, Human Resources Manager)
       6. Moline Housing Authority Police Services Agreement. (Kim Hankins, Police Chief)
       7. An agreement to accept funding to the Illinois Housing Development Authority for
          Homebuyer Assistance Program Grant funds. (Jeff Anderson, City Planner)
       8. Approval to move the Jackson Family, located at 2653 13th Street, to the top of the
          Community Housing List due to life threatening health issue (Jeff Anderson, City Planner)

       9. Other




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                                      Explanation
   1. 2011/2012 Joint Salt Purchase (Doug House, Municipal Services General Manager)
Explanation: The City of Davenport has solicited bids for road salt with Morton Salt submitting the
lowest bid. As in the recent past, the City of Davenport has included the City of Moline in its bid
process. The base bid per city is for 3,500 tons of salt at $59.27 per ton, delivered to Rock River
Terminal. Each city may then purchase 3,500 additional tons of salt, if needed, for $72.04 per ton,
delivered to the respective Public Works Department. $357,500 is budgeted for this purchase. The
remaining balance in the budgeted funds will be utilized to purchase additional salt as necessitated by
the severity of winter conditions in 2011/2012. Davenport will invoice Moline for half of the purchase
amount in July when the order is placed, with the balance being due upon delivery. Additional
documentation is attached.
Staff Recommendation:        Approval
Fiscal Impact:               Funds have been budgeted
Public Notice/Recording:     N/A
Goals Impacted:              Strong Local Economy
   2. Purchase of Heavy-Duty Fire Pumper (JD Schulte, Fleet Services Manager)
Explanation: Fleet Services has published a Request for Proposal (RFP) for a heavy-duty custom fire
pumper to be used by the Fire Department. The RFP required the vendor to propose a unit that has
compartment configuration that can accommodate rescue equipment in addition to the standard fire and
EMS equipment that is currently carried. The budgeted amount for the purchase of this unit is
$485,000.00. Global Emergency Products in Aurora, Illinois, representing Pierce Manufacturing in
Appleton, Wisconsin has submitted a proposal that will provide the body design, configuration and
equipment required in the RFP. The price for the proposed unit with trade in of the current Engine 12 is
$475,656.00. A prepay option that is included in the contract offers a discount up to $17,065.00. Staff
has researched the prepay option and has found the savings to be significantly greater than interest
earned during the construction period. After purchasing a performance bond for $1,487.00, the net
prepay savings would be $15,578.00. Additional documentation is attached.
Staff Recommendation:        Approval
Fiscal Impact:               Funds are budgeted in account #448-0867-437.07-03.
Public Notice/Recording:     N/A
Goal Impacted:               Financially Strong City

   3. Approval of a Services Agreement between WEBQA, Inc. and the City of Moline, Illinois
      for GovQA Services for the City of Moline, Moline Centre Main Street, and Shop Local
      Moline websites (Pam Owens, Main Street Program Coordinator)
Explanation: This Service Agreement will allow the City of Moline to access and use the ShopsQA
Service(s) on Authorized Website(s) in consideration of the fees and terms described in Schedule A.
The term of the Agreement is from April 29, 2011 through May 31, 2014.
Staff Recommendation:        Approval
Fiscal Impact:               A one-time cost of $1,500.00 and a subscription cost per month of
                             $295.00 to be offset by business participation fees.
Public Notice/Recording:     N/A
Goals Impacted:              Financially Strong City; Quality Neighborhoods & Vibrant Downtown


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   4. Approval of a Lease and Concession Agreement with Stephanie and Gary Wicall to sell
      food and beverages from a mobile concession stand within a portion of Stephen’s Park
      from May 15, 2011 through August 15, 2011 (Chris Mathias, Property Management
      Coordinator)

Explanation: Stephanie and Gary Wicall desire a Lease and Concession Agreement for the purpose of
selling food and beverages from a mobile concession stand within a certain portion of Stephen’s Park
described in Exhibits “A” and “A-1,” attached. The Park and Recreation Board of Directors supports
having a vendor serving food and beverages from a mobile concession stand in the Park during Dad’s
Club events as a method of enhancing services for citizens and visitors who utilize the Park, and has
approved this Agreement for that purpose. The lease agreement is attached as Exhibit “B.” Staff
recommends approval.

Staff Recommendation:        Approval
Fiscal Impact:               City will receive a one-time lease payment of $150.
Public Notice/Recording:     N/A
Goal Impacted:               Strong Local Economy

   5. A Resolution authorizing the Mayor and City Clerk to accept the proposal from Concentra
      Medical Centers (Concentra) for occupational health services for a period of three years
      commencing on May 1, 2011 through May 1, 2014. (Amy Valdes, Human Resources
      Manager)
Explanation: Concentra was the lowest responsible and responsive bidder whose proposal was
determined to be the most advantageous to the City, and in the City’s best interest, taking into
consideration price and evaluation factors set forth in the request for proposals. The recommended
proposal will provide occupational health services from May 1, 2011 through May 1, 2014.

Staff Recommendation:        Approval
Fiscal Impact:               These items are budgeted for annually in the Liability Fund.
Public Notice/Recording:     N/A
Goal Impacted:               Financially Strong City

   6. Moline Housing Authority Police Services Agreement (Kim Hankins, Police Chief)

Explanation: Annual renewal of the agreement between the City of Moline and the Moline Housing
Authority, setting forth the terms for the shared assignment of two police officers to the Spring Brook
Courts housing complex and the police department. The officers will work full time at Authority
property, other than 24 duty days which will be police department assigned work days. The Housing
Authority will reimburse a percentage of the total salary and benefit costs for the officers based on the
assignment days.
Staff Recommendation:        Approval
Fiscal Impact:               Reimbursement of $92,979.
Public Notice/Recording:     N/A
Goals Impacted:              Financially Strong City; Quality Neighborhoods & Vibrant Downtown




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   7. A Resolution authorizing the Mayor and City Clerk to execute an agreement to accept
      funding and execute all necessary assurances and certifications to the Illinois Housing
      Development Authority (IHDA) for program year 2012-2014 awarded Homebuyer
      Assistance Program Grant funds in the amount of $420,000.00; and authorizing the
      Planning and Development Department to begin work upon the execution of an agreement
      between the City and the Illinois Housing Development Authority (IHDA) to accept
      funding for program year 2012-2014 awarded Homebuyer Assistance Program Grant
      funds in the amount of $420,000.00. (Jeff Anderson, City Planner)
Explanation: The Homebuyer Assistance Program is part of the HOME Program, which is a federal
housing “block grant” program for which Moline does not qualify as a direct formula grantee
(“participating jurisdiction”). The Planning Department prepared the grant and submitted it to IHDA for
funding in which the City of Moline was awarded $420,000.00.

Staff Recommendation:         Approval
Fiscal Impact:                N/A
Public Notice/Recording:      Public Notice Required
Goals Impacted:               Quality Neighborhoods & Vibrant Downtown; Desirable Place to Live

   8. Approval to move the Jackson Family, located at 2653 13th Street, to the top of the
      Community Housing List due to life threatening health issue (Jeff Anderson, City Planner)
Explanation: The Planning and Development staff received a request from the Jackson family for
Community Housing Services to insulate and install siding on their house due to a life threatening illness
that their son Logan has contracted. Their son suffers from coronary artery damage after contracting
Kawasaki disease in 2008. Logan is 100% at risk daily for suffering a heart attack; he takes the
prescription Coumadin which keeps his blood thin, making him cold all of the time. The insulation and
siding will assist in providing a more controlled environment to keep him warm and prevent him from
becoming sick and further compromising his health. The CACUP committee voted to move the family
to the top of the CHS rehabilitation list so that the work can be completed before the next winter.
Staff Recommendations:        Approval
Fiscal Impact:                N/A
Public Notice/Recording:      N/A
Goal Impacted:                Quality Neighborhoods & Vibrant Downtown




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                                     WEBQA SERVICES AGREEMENT 
                                          For GovQA Service(s) 
                                                      
                                               Schedule A 
                                                      
    Service(s):  Software:        ShopsQA Service with Advertising Module 
    Website:                      www.moline.il.us 
                                  www.molinecentre.org 
                                  www.shoplocalmoline.org 
     
    Activities and Fees:          WebQA Subscription Service at a locked‐in subscription  
                                  cost per month of:                                                   $295 
                                       • ShopsQA Community Business Portal 
                                       • Advertising with Rental Module 
                                       • Hosting and Ongoing service upgrades for all designated 
                                           modules 
                                   
                                  Implementation, Training, and Storage 
                                   at a locked‐in one‐time cost of:                                 $1,500 
                                       • One‐time set up of business information into portal directory 
                                       • A hosted business directory 
                                       • Directory branded to look like existing website 
                                       • All features and functions made available to WebQA customers 
                                       • Site Administration training 
                                       • Full user training and support via ongoing webinars, videos, and 
                                           knowledgebase support 
                                       • 10 GB storage free with services 
             
     
     
                                                       




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                                        EXHIBIT “A”
                                       DESCRIPTION

A portion of Stephen’s Park described as follows: Beginning at a point twenty feet west of the
Southwest corner of the easternmost parking lot located on RICO Parcel MO-5298 and
commencing west fifty-five feet more or less; thence north forty feet more or less; thence east
fifty feet more or less; thence south forty feet more or less to the point of beginning, said
Premises depicted in the diagram attached hereto and incorporated herein as Exhibit “A-1.”

                           SEE ATTACHED DIAGRAM
               REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK




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Exhibit "A-1"




     085298




                         Parking Lot
                 55'
    40'




                       40'




           Premises

                        20'
                 55'




          15TH




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                                         EXHIBIT “B”


                    LEASE AND CONCESSION AGREEMENT
THIS LEASE AND CONCESSION AGREEMENT is made and entered into this _____ day
of ______________, 2011, by and between the City of Moline, Illinois, a municipal corporation
(hereinafter “Owner”), by and through its Park and Recreation Board of Directors, and Stephanie
and Gary Wicall (hereinafter “Vendor”) (hereinafter collectively “Parties”) to lease a certain
portion of Stephen’s Park for the purpose of selling food and beverages to the public from a
mobile food unit or pushcart.

       WHEREAS, Owner seeks to enhance services to citizens of Moline and visitors
(hereinafter “Individuals”) utilizing Stephen’s Park; and

       WHERAS, Owner has determined having a means of providing food and beverages to
Individuals utilizing a certain portion of Stephen’s Park would be a service enhancement; and

       WHEREAS, Owner has determined having a vendor serve food and beverages from a
mobile food unit or pushcart during scheduled Dad’s Club, games is the most appropriate means
of providing such a service; and

       WHEREAS, Owner is not in the business of nor does it have the personnel necessary to
operate a food and beverage service; and

        WHEREAS, Owner wishes to contract with Vendor for the sale of food and beverages to
the Individuals, from a mobile food unit or pushcart, within Stephen’s Park subject to the terms,
conditions, restrictions, limitations and reservations stated herein.

        NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties agree as follows:

   1. DEFINITIONS
        a) Premises: A portion of Stephen’s Park being more particularly described in
           Exhibits “1” and “1-A,” attached hereto and incorporated herein.

           b) Service(s)/Operation(s): The sale of Owner approved food and beverages from a
              mobile food unit or pushcart by Vendor.

           c) Vendor Property: All property provided by Vendor for the Operation including
              but not limited to the mobile food unit or pushcart, food and beverages.

   2. USE
        a) Owner shall lease the Premises to Vendor solely for the sale of Owner approved
           food and beverages from a mobile food unit or pushcart to the public. All food
           and beverages sold shall be approved by Owner. The selection of beverages and
           foods referenced herein and its pricing shall be determined by the Vendor. Under
           no circumstances shall the Premises be used for the sale of alcoholic beverages,
           tobacco products or the paraphernalia of either.

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                                     EXHIBIT “B”



       b) The Vendor shall operate under the name “Joe’s Heavenly Dogs.”

       c) Vendor shall offer services during scheduled youth activities taking place on the
          Stephen’s Park baseball diamonds, weather permitting.

3. VENDOR’S RESPONSIBILITIES.
     a) The Parties agree that Vendor is an independent contractor. Vendor shall have the
        exclusive responsibility for the Operation without undue influence by Owner
        except in cases specifically referred to in this Agreement; however, at times
        mutually agreeable, Vendor and Owner or Owner’s designee(s) shall discuss and
        consider the matters which may be of mutual interest in maintaining efficient and
        profitable operation.

       b) Vendor shall at all times devote reasonable time, attention and energies to the
          management and improvement of the business. Vendor acknowledges the
          Premises is public property and agrees that the Owner must have the right to make
          and enforce rules and regulations governing the Premises, which rules and
          regulations shall be considered covenants of this Agreement. Present rules and
          regulations are set forth in Exhibit “2,” attached hereto and incorporated by
          reference herein.

       c) Vendor shall be responsible for all Vendor Property associated with the Operation
          and shall pay all operational and maintenance costs for same.

       d) Vendor shall keep any mobile food unit or pushcart utilized in the Operation in
          good working order and shall permit Owner to make periodic inspections of same
          for the purpose of determining compliance with this requirement.

       e) Vendor agrees to provide Services to the public without discrimination other than
          that permitted by law. Discrimination by Vendor in the provision of Services
          hereunder based on race, sex, religion, age, marital status, handicap, national
          origin, or sexual orientation shall be deemed to be a material breach of this lease.

       f) Vendor shall comply with and at all times operate in a manner which meets all
          applicable Federal, State and Municipal laws, ordinances and regulations and
          guiding rules, including but not limited to meeting the requirements for food and
          beverage permits or licenses.

       g) Vendor shall be responsible for all staffing, taxes, insurance, and appropriate
          licensing associated with and necessary for the Operation. Vendor’s employees
          shall not be deemed employees of Owner for any purpose whatsoever and shall
          not be eligible to participate in any benefit program provided by the Owner for its
          employees. Vendor shall be exclusively responsible for the payment of all wages
          and salaries, taxes, withholding payment, penalties, fees, fringe benefits,
          professional liability insurance premiums, contributions to insurance and pension


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                                     EXHIBIT “B”

            or other deferred compensation plans including, but not limited to, workers
            compensation and Social Security obligations, licensing fees, etc., and the filing
            of all necessary documents, forms and returns pertinent to all of the foregoing.
            Vendor shall not bring any cause of action alleging Owner is the employer of
            Vendor or any of Vendor’s employees, officers or agents, and Vendor shall
            indemnify, defend and hold harmless Owner against all claims, losses, costs, or
            expenses associated with the employment of said employees by Vendor.

        h) Vendor shall remove all Vendor Property from the Premises daily upon
           completion of Operations for the day.

        i) Vendor shall be responsible for properly disposing of garbage from the Operation.
           Vendor shall clean the Premises no less than daily and as frequently as necessary
           to keep the Premises free of debris resulting from the Operation. Vendor may
           utilize garbage disposal receptacles on the Premise for debris disposal. Vendor
           shall notify Owner should the garbage receptacles need emptying.

        j) At its own expense, Vendor shall obtain a water supply for use at the Premises,
           which meets the approval of the Environmental Health Specialist prior to
           commencing Operations.

4.   RENT. Vendor shall pay lease payment to Owner as follows:
       a) $150.00 one-time payment due before May 15, 2011.

        b) Delinquent payments shall accrue interest at a rate of eight percent per annum.

        c) Payments shall be made to the City of Moline Finance Department 1616 6th
           Avenue, Moline, Illinois 61265.

5.   TERM AND TERMINATION
       a) The term of this Agreement shall commence on May 15, 2011 (hereinafter
          “Commencement Date”) and shall continue through August 15, 2011. Any
          holding over after the expiration of the term hereof without the consent of the
          Owner shall be construed to be a tenancy from month to month at the rental five
          times the last rental rate in effect and shall otherwise be on the terms and
          conditions herein specified, as far as applicable.

        b) In addition to any other remedies provided by law or equity, in the event of any
           default or breach of this Agreement, or any of its terms or conditions, by either
           party hereto, or any successor to such party, such party or successor shall, upon
           written notice from the other, proceed immediately to cure or remedy such default
           or breach within thirty (30) days after receipt of such notice. Said written notice
           shall describe the nature of the default, and what action, if any, is deemed
           necessary to cure the same. In case such action is not taken or not diligently
           pursued, or the default or breach shall not be cured or remedied within a
           reasonable time, but in no event longer than thirty (30) days after receipt such


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                                      EXHIBIT “B”

            notice unless mutually agreed to in writing by the parties, the aggrieved party may
            terminate this Agreement by providing final written notice to the other or institute
            such proceedings as may be necessary or desirable in its opinion to cure and
            remedy such default or breach, including, but not limited to, proceedings to
            compel specific performance by the party in default or breach of its obligations.
            Upon termination of the Agreement by either party, Vendor must peacefully
            surrender the Premises to Owner; Owner must peacefully surrender Vendor’s
            equipment to Vendor. The Premises leased herein shall include all appurtenant
            fixtures to said real estate, which, upon termination of this Agreement shall
            remain with the Premises and return to Owner.

6.   HOLD HARMLESS/INDEMNIFY.
       a) In consideration for permission to use the Premises and Owner’s property as
          granted above, Vendor hereby agrees to defend, hold harmless and indemnify
          Owner, its subsidiaries and affiliates, their respective officers, directors,
          employees, agents, assigns, servants and contractors from and against all claims,
          demands, actions, or proceedings, all costs, damages, expenses, or other liability
          of any nature whatsoever due to personal injury or property damage (including
          damage to the Premises and Owner’s property other than reasonable wear and
          tear), any of which arises directly or indirectly from or in connection with, in
          whole or in part, the permission to use and/or use of the Premises and Owner’s
          property granted hereinunder, unless caused or contributed to by the willful acts
          or omissions of Owner, its officers, directors, employees, agents or assigns, in
          which case Vendor shall have no duty to defend, hold harmless or indemnify.

        b) This Agreement shall be binding on and inure to the benefit of the heirs,
           executors, administrators, successors and assigns of the respective parties thereto.

7.   VENDOR’S INSURANCE COVERAGE. Vendor shall, throughout the term of this
     Agreement and at Vendor’s expense, carry and keep in full force and effect
     comprehensive general liability insurance with respect to the Premises, with a carrier and
     in a form satisfactory to Owner, which policy or policies shall:

        a) Have limits of $1,000,000.00 per occurrence personal injury and $100,000.00 per
           occurrence property damage.

        c) Name Owner as an additional insured party.

        d) Contain a clause that the insurance carrier will not cancel or change the insurance
           without first giving the Owner thirty (30) days prior written notice in a form
           similar to that attached hereto as Exhibit “3.”

        g) Contain fire and extended perils insurance covering Vendor’s own property and
           insuring Vendor’s possessions on the Premises; Owner shall have no duty to
           insure Vendor’s possessions, the possessions of Vendor’s guests, invitees or
           permitees, or to replace same in the event of any calamity or other disaster.


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                                       EXHIBIT “B”



         h) Each such policy of insurance shall contain a waiver of subrogation provision.

      To the extent required by law, Vendor shall further carry workers’ compensation
      insurance. Workers’ compensation and public liability insurance shall be paid by Vendor
      from the Operation. Certificates of all insurance coverage shall be delivered to Owner
      seven (7) days prior to the Commencement Date.

8.    NOTICES.       Any notice required or permitted hereunder shall be in writing, signed by
      the party giving the notice, and shall be deemed given when:
          a) Hand delivered to the party to whom the notice is addressed, or

         b) Mailed by certified mail, return receipt requested, United States mail, postage
            prepaid, and addressed to the party at the address shown below:

      Owner:                                       Vendor:
      Laura Duran                                  Stephanie and Gary Wicall
      Park & Recreation Director                   2369 34th Street
      City of Moline                               Moline, IL 61265
      3435 4th Avenue
      Moline, IL 61265

      Either party may change the address and individual(s) to whom the notice is to be
      directed by written notice sent to the other party in the manner provided above.

9.    OBSERVANCE OF LAWS AND ORDINANCES. Vendor must, at its sole cost and
      expense, promptly correct any violation and comply with all laws, ordinances, notices,
      permits, requirements, orders, regulations and recommendations now or in the future in
      effect, of whatever nature, of all federal, state, county, municipal and other authorities,
      with respect to Vendor’s conduct or use of the premises.

10.   SURRENDER OF PREMISES. At the end or termination of the term hereby demised,
      Vendor covenants to surrender and deliver up the Premises hereby leased in as good as
      condition as they now are, or may hereafter be put, destruction by fire, reasonable use,
      ordinary wear and tear, and the effects of time excepted.

11.   ASSIGNMENT AND SUBLEASING.                Vendor shall not have the right to assign this
      Agreement or sell, transfer or sublet any portion of the Premises herein without the
      express written consent of Owner, and consent of Owner shall not release or discharge
      Vendor from any obligations hereunder.

12.   EFFECT OF PARTIAL INVALIDITY. The invalidity of any part of this Agreement will
      not and shall not be deemed to affect the validity of any other part. In the event that any
      provision of this Agreement is held to be invalid, the parties agree that the remaining
      provisions shall be deemed to be in full force and effect as if they had been executed by
      both parties subsequent to the expungement of the invalid provision.


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                                       EXHIBIT “B”



13.   WAIVER.      Waiver by Owner of any breach of any covenant or duty of Vendor under
      this Agreement is not a waiver of a breach of any other covenant or duty of Vendor, or of
      any subsequent breach of the same covenant or duty.

14.   CHOICE OF LAW. This Agreement shall be governed by the laws of the State of
      Illinois, and the sole and exclusive venue for any disputes arising out of this Agreement
      shall be any state court located within Rock Island County, Illinois, or federal court
      located within the same venue.

15.   TAXES.       Vendor shall also be responsible for and pay all real estate taxes assessed
      against the lease premises if any are so assessed and shall furnish to Owner proof of
      payment within thirty (30) days after payment is due.

16.   MISCELLANEOUS.
         a) This Agreement and each and every one of the terms and provisions thereof shall
            be for the benefit of and be binding upon the parties hereto and each of them and
            their respective heirs, executors, administrators, grantees, successors and assigns.

         b) This Agreement contains the entire understanding between the parties hereto and
            supersedes any and all prior agreements, undertakings and arrangements between
            the parties relating to the subject matter hereof. All amendments, changes,
            modifications or alterations of the terms and conditions hereof shall be in writing
            and signed by all parties hereto.

         c) The captions of the Agreement are used for convenience of reference only and
            shall have no significance in construing the text of the Agreement.




      IN WITNESS WHEREOF, this Lease and Concession Agreement is executed in
Moline, Illinois, as of the date hereof first above written.

CITY OF MOLINE, ILLINOIS                          STEPHANIE AND GARY WICALL
(OWNER)                                           (VENDOR)

By:__________________________________             BY: ________________________________
    Donald P. Welvaert, Mayor                           Stephanie Wicall, Vendor

                                                  BY: ________________________________
                                                        Gary Wicall, Vendor


BY: __________________________________

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                                 EXHIBIT “B”

   Roger Clawson, President
   Parks and Recreation Board


ATTEST:

_____________________________________
Tracy Koranda, City Clerk

DATE: ______________________________


Approved as to Form:



______________________________
 City Attorney




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                       MEDICAL DIRECTOR SERVICES AGREEMENT

        This Medical Director Services Agreement (the “Agreement”) is made and entered into
as of the ____ day of         , 2010 (the "Effective Date"), by and between Concentra Inc.
(“Concentra”) and City of Moline (“Client”), for the purpose of setting forth the terms and
conditions under which Concentra, through its designated physicians, will provide Medical
Director Services to Client by working with Client’s designated management to gain insight into
Client’s company culture to develop the appropriate medical program for Client.


                                        WITNESSETH:

WHEREAS, Concentra is in the business of providing certain occupational healthcare services,
including, but not limited to, Medical Director Services, as described herein (the “Medical
Director Services”); and

WHEREAS, Client desires to engage Concentra, and Concentra desires to accept such
engagement, to provide the Medical Director Services with respect to Client’s employees, on the
terms and conditions set forth in this Agreement;

NOW, THEREFORE, and in consideration of the mutual covenants and agreements set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:

1.     IDENTITY OF AND RELATIONSHIP BETWEEN THE PARTIES.

        1.1.   Client and Concentra are independent legal entities. Nothing in this Agreement
shall be construed to create the relationship of employer and employee, or principal and agent,
or any relationship other than that of independent parties contracting with each other solely for
the purposes of carrying out the terms of this Agreement.

        1.2.    Neither Client nor Concentra nor any of their respective agents or employees
shall control or have any right to control the manner and means by which the other party carries
out its obligations under this Agreement, nor shall either party, its respective agents or
employees, be liable to third parties for any act or omission of the other party.

        1.3.   Nothing in this Agreement is intended to be construed, nor shall it be deemed to
create, any right or remedy in any third party.

2.     TERM AND TERMINATION.

       2.1.    This Agreement shall commence on the Effective Date and shall continue for a
period of 3 years.

        2.2.    Either party may terminate this Agreement, without cause, upon thirty (30) days
prior written notice to the other party.

        2.3.   In the event that either party substantially fails to perform any of its material
obligations under this Agreement, the other party may give written notice to the non-performing
party specifying the obligation or obligations not performed and demanding performance within
ninety (90) days. If at the end of the ninety (90) day period the non-performing party has not

                                          COW AGENDA
                                          Page 40 of 52
performed the specified obligation or obligations, the party giving notice may terminate this
Agreement immediately upon additional written notice to the non-performing party given within
ten (10) days after the end of the aforementioned thirty (30) day period.


3.     PERFORMANCE OF MEDICAL DIRECTOR SERVICES AND MAINTENANCE OF
       RECORDS.

        3.1.    Concentra agrees to provide Medical Director Services to Client’s on-site location
at ____________________________, primarily through Dr. Dunbar, or other appropriately
qualified physician employee acceptable to Client (the "Medical Director"). Medical Director, in
performing the Medical Director Services shall act in accordance with the standards and
practices of care, skill, and diligence customarily observed by physicians performing similar
services in the community at the time such Medical Director Services are rendered hereunder.

         3.2.   Medical Director shall perform the Medical Director Services on an as-needed
basis, with no schedule of fixed or definite hours. Medical Director's availability to provide
Medical Director Services shall be determined solely by Concentra, taking into account both the
reasonable needs of Client and the reasonable needs of Concentra in maintaining its other
clinical, educational, and research functions.

       3.3.     Medical Director shall supervise Client's clinical providers in accordance with the
standing orders and provided such clinical providers are performing in accordance with and
acting within the scope of the standing orders.

       3.4.    Concentra and Client shall cooperate in the preparation and maintenance of
appropriate records with regard to Medical Director Services provided under this Agreement. All
such records shall be maintained by Client and/or Concentra in accordance with prudent record
keeping procedures and as required by law.

       3.5.   Client shall, at its sole cost and expense, ensure that Medical Director has
appropriate office space, support staff, supplies, equipment, and such other facilities and
services as shall be necessary and appropriate for the performance of Medical Director
Services.

      3.6.    Concentra and Client each agree to take all reasonable precautions to prevent
the unauthorized disclosure of any and all records prepared or maintained under this
Agreement and to keep such records confidential.

        3.7.    To the extent required by Section 1861(v)(1)(I) of the Social Security Act, each
party shall, upon proper request, allow the United States Department of Health and Human
Services, the Comptroller General of the United States, and their duly authorized
representatives access to this Agreement and to all books, documents, and records necessary
to verify the nature and extent of the costs of services provided by either party under this
Agreement, at any time during the term of this Agreement and for an additional period of four (4)
years following the last date services are furnished under this Agreement. If either party carries
out any of its duties under this Agreement through an agreement between it and an individual or
organization related to it, that party to this Agreement shall require that a clause be included in
such agreement to the effect that until the expiration of four (4) years after the furnishing of
services pursuant to such agreement, the related organization shall make available, upon
request by the United States Department of Health and Human Services, the Comptroller

                                           COW AGENDA
                                           Page 41 of 52
General of the United States, or any of their duly authorized representatives, all agreements,
books, documents, and records of such related organization that are necessary to verify the
nature and extent of the costs of services provided under that agreement.

4.     COMPENSATION FOR MEDICAL DIRECTOR SERVICES AND PAYMENT OF
       EXPENSES.

         4.1. Concentra shall be entitled to compensation for Medical Director Services as set
forth in Exhibit B. Such compensation shall constitute full compensation for all Medical Director
Services, and no further compensation shall be due.

       4.2.    Client shall not pay any direct remuneration to Medical Director for Medical
Director Services provided under this Agreement; nor shall Medical Director be entitled to direct
compensation from any other source for services provided under this Agreement.

        4.3.    Concentra and Client each agree to maintain, throughout the term of this
Agreement, at its sole expense, professional and commercial general liability insurance
coverage or adequate self-insurance, to insure itself and its officers, directors, and employees,
against any third party claim or cause of action arising out of the performance of this
Agreement. Such professional liability insurance coverage shall have the applicable limits as set
forth on the attached Exhibit C, and such general liability insurance coverage shall have limits of
not less than one million dollars ($1,000,000) combined single limit, per occurrence. Upon
request by either party, the other party shall provide satisfactory evidence of such insurance
coverage.

5.     INDEMNIFICATION.

Each party covenants and agrees to indemnify, defend, and hold harmless the other party, and
its officers, directors, employees, affiliates, contractors and subcontractors from and against any
and all claims, liability, losses, costs, and/or expenses arising out of its own negligence in the
performance of its respective duties and obligations in this Agreement as well as any claim by a
third party of violation of its intellectual property rights.

If one party seeks indemnification from the other party, prompt written notice will be given to the
indemnifier of the claim for which such indemnification is sought. That notice will include a true
copy of any the claim and any summons or other process, pleading, or notice issued in any
lawsuit or other proceeding to assert or enforce such claim. If the receiver of the notice accepts
the obligation to indemnify, the receiver reserves the right to control the investigation, trial, and
defense of such lawsuit or action (including all negotiations to effect settlement) and any appeal
arising there from and to employ or engage attorneys of its own choice. If the process set forth
in this Section is not followed, the indemnifier does not have any obligation to indemnify.

The party who receives indemnification may participate in such investigation, trial, and defense
of such lawsuit or action and any appeal arising therefrom at its own cost. Each party’s
respective employees, agents, servants, and representatives will reasonably cooperate with the
other at all times during the pendency of the claim or lawsuit.


6.     CONFIDENTIALITY.



                                            COW AGENDA
                                            Page 42 of 52
Concentra, in performing its duties and obligations under this Agreement, will comply with all
laws, rules, and regulations applicable to it. In addition, both parties shall comply with the terms
and conditions of the Health Insurance Portability and Accountability Act of 1996, as amended,
and the regulations promulgated thereunder.

7.     GENERAL PROVISIONS.

        7.1.    Nondiscrimination. Neither party to this Agreement shall discriminate against any
employee or applicant for employment because of race, color, sex, age, religion, national origin,
Vietnam era veterans’ status, or disability. No such person will be excluded from participation,
in or be denied benefits of, or be otherwise subjected to discrimination in the performance of
this Agreement, or in the employment practices of either party. Both parties shall, upon written
request, show proof of such non-discrimination, and will post in conspicuous places, available to
all employees and applicants, notices of non-discrimination. Each party agrees to comply with
all applicable laws, rules, and regulations.

        7.2.    Entire Agreement. This Agreement and the exhibits referenced herein contains
the entire agreement between the parties relating to the subject addressed herein. Any prior or
contemporaneous agreement, promise, negotiation, or representation, either oral or written,
relating to the subject matter of this Agreement and not expressly set forth in this Agreement
shall be of no force or effect.

        7.3   Notices. All notices required or permitted under this Agreement shall be in
writing and shall be personally delivered or sent by certified mail, return receipt requested,
addressed as follows:

               If to Concentra:       Concentra Inc.
                                      5080 Spectrum Drive, Suite 1200 - West Tower
                                      Addison, Texas 75001
                                      Attention:     Office of General Counsel

               If to Client:          City of Moline
                                      619 16th Street
                                      Moline, IL 61265
                                      Attention:      Office of General Counsel

       Either party may change its address to which notice shall be sent by a written notice sent
in accordance with this Section 7.3.


       7.4.   Amendment. This Agreement or any part hereof may be modified or amended
only by the mutual written consent of the parties.

       7.5.    Assignment. No assignment of the rights, duties, or obligations acquired under
this Agreement shall be made by either party, except to its parent or subsidiary, without the
express written approval of a duly authorized representative of the other party. Any attempted
assignment in violation of this provision shall be void.

        7.6.    Successors and Assigns. This Agreement shall be binding upon, and shall inure
to the benefit of, the parties, and their respective successors and permitted assigns.


                                            COW AGENDA
                                            Page 43 of 52
      7.7.   Waiver of Breach. Waiver of breach of any provision of this Agreement shall not
be deemed a waiver of any other breach of the same of a different provision.

       7.8.   Headings. The headings or captions provided throughout this Agreement are for
reference purposes only and shall not in any way affect the meaning or interpretation of this
Agreement.

      7.9.    Severability. The invalidity or unenforceability of any provisions of this
Agreement will not affect the validity or enforceability of any other provision.

      7.10. Governing Law. This Agreement shall be governed by and construed in
accordance with the law of the State of __________________.

        IN WITNESS WHEREOF, Concentra and Client have executed this Agreement through
their duly authorized representative as of the Effective Date.


Concentra Inc.                                    City Of Moline


By:                                               By: Karen Pouder

Name:                                             Name:

Title:                                            Title:

Date:                                             Date:




                                        COW AGENDA
                                        Page 44 of 52
                                            EXHIBIT A

                                   Medical Director Services

The initial steps toward building a standardized medical function will include the following:

   1)      Role definition for all nurses
           • This will include standard job description as well as general guidelines for the
              medical department.
           • The guidelines will establish direction for the nurses in day-to-day
              responsibilities, compliance activities, i.e. OSHA recordkeeping, medical
              surveillance tracking, etc.

   2)      Standard nursing protocols (standing orders)
           • This will provide direction to nurses regarding clinical decision and/or treatment.
              The protocols will also serve to limit the clinical activity of nurses and determined
              by Client. The standing orders will be implemented in all locations with nurses.
              Concentra will provide a designated physician in each state to provide medical
              oversight and provide authorized signature and standing orders.

   3)      Develop meaningful health and wellness programs for nurses.
           • This will include educational programs/activities, counseling, and events to
              heighten awareness of overall health and well being of Client’s employees. This
              program will support the health and safety initiatives and provide focus on
              prevention of occupational and non-occupational injuries.

Concentra understands the dynamic environment with Client, and will act as a partner to
support the goals and direction of Client. Concentra is prepared to assist Client going forward
with other value-add services:

           •   Audit each of the existing medical units to determine scope of work, equipment
               and overall practices (desirable and undesirable).
           •   Work with Client to incorporate the medical function in the execution of an
               Integrated Disability Benefit Solution.
           •   Provide Medical Director oversight/advice to a future Industrial Hygiene function.




                                            COW AGENDA
                                            Page 45 of 52
                                            Exhibit B

   I.   Services: Scope of Service-Three Year Term May 2011-April 2014.

        Medical Directorship:
   •    Direct, coordinate, and supervise clinical operations by telephonic and quarterly meeting.
   •    Assist with providing quality, safe, and appropriate medical services.
   •    Participate in credentialing and other peer review activities, as necessary.
   •    Develop and put into effect, in conjunction with the facility, appropriate policies
        and procedures for medical operations.
   •    Provide signed standing guidelines for the nurse On-Site.
   •    Perform such other administrative duties as reasonably requested by facility.
   •    AED supervision and review CLIA clearance.
   •    Available for scheduled physicals as necessary.

   I.   Services: Compensation

        Fixed Fee Compensation:              Annually               Bill Back Hourly
        Physician Medical Directorship       $8,425
        Scheduled Worksite Services                                 Dr. Dunbar-$175.00
                                                                    Other Physician-$159.00
                                                                    Mid Level-$85.00

Providers Worksite hours will be scheduled during normal business Monday through Friday day
shifts and hours will be mutually agreed by both parties with appropriate notice.
Holiday coverage not included in pricing, Concentra observes the following holidays: New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after
Thanksgiving, Christmas Day and Floating.
Mutually approved travel and mileage (at the IRS rate) expenses incurred in the performance of
required services will be billed back at actual cost without additional markup or management
fee.
Upon each anniversary of this agreement the above outlined fees will increase in accordance
with the seasonally adjusted, consumer price index - all urban consumers, medical care
services, (annual 2007 average of 5.7%). The contract renewal increase will be a minimum of
3% not to exceed 6% of the previous year’s fees for any contract year. All other pricing and
discounts will remain the same.

Random Drug Screening
Random Drug Screening Program Administered by eScreen:
7500 West 110th Street, Ste 500
Overland Prk, KS 66225
MRO: Dr. Stephen Kracht, DO

Drug screens collected by the City Nurse               $30 Each
*This is a fixed rate that will not increase annually and will be invoiced with the above fees on a
monthly basis.

eScreen’s cost to administer the random program is based on the number of participants in the
random pool:


                                           COW AGENDA
                                           Page 46 of 52
$100 annual fee for 1-49 participants
$250 annual fee for 50 plus participants
*This fee is paid directly to eScreen

                                     City of Moline Pricing

        Concentra Center Service Physicals Pricing (Moline, IL and Davenport, IA)
*Injury Care Services: billed subject to the State of Illinois fee schedule. Concentra
affirms that we have a current contract with Coventry Workers Comp Services.

Center Service pricing will be three year term as outlined.

*Non-Injury Services
Drug/Alcohol Testing
DOT (Regulated) Drug Test $30
Non-Regulated Drug Test     $30
Rapid Drug Test             $30
Breath Alcohol Test         $30
*Concentra does not charge an additional fee for Rapid Tests that are sent to the lab for further
testing.
*Concentra does not charge an additional fee for Positive Drug or Alcohol Tests.

Examinations
Pre-placement Physical        $48
Respirator Physical           $48
Periodic Physical             $48
Promotion Physical            $48
Return to Work Physical       $48
FFD Physical Level 1          $84
FFD Physical Level 2          $113
FFD Physical Level 3          $270
HPE/Functional Screen         $75

Clinical Testing
Pulmonary Functional Test     $35
Audiogram                     $26
Vision Screening              *included as part of physical
Grip Strength Test            *included as part of physical
Urine Dip                     *included as part of physical
Chest X-ray-2 Views           $134
Resting EKG                   $70
TB Skin Test                  $10
Urinalysis                    $15
CBC w/Differential            $16
Venous puncture               $12

Vaccinations
Diphtheria/Tetanus            $25
Rabies Titer                  $60



                                           COW AGENDA
                                           Page 47 of 52
                                            EXHIBIT C

                            Professional Liability Insurance Limits

                                       [FOR PHYSICIANS]

Professional liability coverage amounts for physicians providing services in the following states:
AL,AR,AZ, CT, DE, GA, HI, IA, IL, KY, MA, MD, ME, MI, MN, NH, NV, NM, NC, OH, OK, OR,
RI, SC, TN, TX, UT, VA, VT, WV, WA,

Mid-Levels in: KS, NE, PA, WI


Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
one million dollars ($1,000,000) each medical incident and three million dollars ($3,000,000)
annual aggregate.


Professional liability coverage amounts for physicians providing services in the state of LA
ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
one hundred thousand dollars ($100,000) each medical incident, three hundred thousand
dollars ($300,000) annual aggregate. This amount has been lowered to the limits defined by the
enrollment into the Louisiana Patient Compensation Fund.


Professional liability coverage amounts for physicians providing services in the state of Indiana
ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
two hundred and fifty thousand dollars ($250,000) each medical incident, seven hundred
thousand dollars ($750,000) annual aggregate.


Professional liability coverage amounts for physicians providing services in the state of Kansas
ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
two hundred thousand dollars ($200,000) each medical incident, eight hundred thousand dollars
($800,000) annual aggregate, as defined by enrollment in the mandatory Healthcare
Stabilization Fund of Kansas.


Professional liability coverage amounts for physicians providing services in the state of
Wisconsin ONLY:


                                            COW AGENDA
                                            Page 48 of 52
Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
one million dollars ($1,000,000) each medical incident, three million dollars ($3,000,000) annual
aggregate, as defined by enrollment in the mandatory Patient Compensation Fund.


Professional liability coverage amounts for physicians providing services in the state of
Pennsylvania ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
five hundred thousand dollars ($500,000) each medical incident, one million, five hundred
thousand dollars ($1,500,000) annual aggregate these limits are defined by enrollment into the
Mandatory PA MCARE FUND.


Professional liability coverage amounts for physicians providing services in the state of
Nebraska ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
five hundred thousand dollars ($500,000) each medical incident, and one million dollars
$1,000,000) annual aggregate aggregate these limits are defined by enrollment into the
Voluntary Nebraska Medical Liability Act Fund.


Professional liability coverage amounts for physicians providing services in the following states:
CA, CO, NJ, NY, MO and FL ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
one million dollars ($1,000,000) each medical incident, three million dollars ($3,000,000) annual
aggregate.

Commercial General Liability Coverage:

$1,000,000 per occurrence
$3,000,000 general aggregate
Concentra will extend Additional Insured status to clients as it relates to services we are
providing to them. We will also extend Waiver of Subrogation status.

Automobile Liability Coverage:
$5,000,000 combined single limit
Concentra will extend Additional Insured status to clients as it relates to services we are
providing to them. We will also extend Waiver of Subrogation status.

Workers’ Compensation Coverage:
Each State mandates Statutory Limits and then Employers’ Liability Coverage is $2,000,000
each accident; $2,000,000 disease-policy limit and $2,000,000 disease- each employee. We will
also extend Waiver of Subrogation status.


                                            COW AGENDA
                                            Page 49 of 52
                                         [FOR NURSES]

Professional liability coverage amounts for nurses providing services in the following states:
AL,AR,AZ, CT, DE, GA, HI, IA, IL, KY, MA, MD, ME, MI, MN, NH, NV, NM, NC, OH, OK, OR, RI,
SC, TN, TX, UT, VA, VT, WV, WA,

Mid-Levels in: KS, NE, PA, WI

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
one million dollars ($1,000,000) each medical incident and three million dollars ($3,000,000)
annual aggregate.

Professional liability coverage amounts for nurses providing services in the state of LA ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
one hundred thousand dollars ($100,000) each medical incident, three hundred thousand
dollars ($300,000) annual aggregate. This amount has been lowered to the limits defined by the
enrollment into the Louisiana Patient Compensation Fund.

Professional liability coverage amounts for nurses providing services in the state of Indiana
ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
two hundred and fifty thousand dollars ($250,000) each medical incident, seven hundred
thousand dollars ($750,000) annual aggregate.

Professional liability coverage amounts for nurses providing services in the following states: CA,
CO, NJ, NY, MO and FL ONLY:

Concentra shall maintain, throughout the term of this Agreement, at its sole expense,
professional liability insurance coverage, or adequate self insurance, with limits of not less than
one million dollars ($1,000,000) each medical incident, three million dollars ($3,000,000) annual
aggregate.

Commercial General Liability Coverage:

$1,000,000 per occurrence
$3,000,000 general aggregate
Concentra will extend Additional Insured status to clients as it relates to services we are
providing to them. We will also extend Waiver of Subrogation status.

Automobile Liability Coverage:
$5,000,000 combined single limit
Concentra will extend Additional Insured status to clients as it relates to services we are
providing to them. We will also extend Waiver of Subrogation status.

Workers’ Compensation Coverage:
Each State mandates Statutory Limits and then Employers’ Liability Coverage is $2,000,000

                                            COW AGENDA
                                            Page 50 of 52
each accident; $2,000,000 disease-policy limit and $2,000,000 disease- each employee. We will
also extend




City of Moline                           COW AGENDA
                                                    52
                                         Page 51 of12
COW AGENDA
Page 52 of 52

								
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