04.03.2012 Agenda Packet
Transcription
04.03.2012 Agenda Packet
AGENDA REGULAR MEETING OF THE CITY COUNCIL CITY OF EAST PEORIA, 100 SOUTH MAIN STREET, EAST PEORIA, ILLINOIS APRIL 3, 2012 DATE: APRIL 3, 2012 TIME: 6:00 P.M. CALL TO ORDER: ROLL CALL: MAYOR MINGUS COMMISSIONER DENSBERGER COMMISSIONER DECKER COMMISSIONER JEFFERS COMMISSIONER JOOS INVOCATION: PLEDGE TO THE FLAG: APPROVAL OF MINUTES: Motion to approve the minutes of the Regular Meeting, Working Session and Closed Meeting held on March 20, 2012. COMMUNICATIONS: Proclamation proclaiming Sunday, April 15, through Sunday, April 22, 2012, as Days of Remembrance in memory of the victims of the Holocaust and in honor of the survivors as well as the rescuers and liberators. Proclamation proclaiming April 2012 as Parkinsons Disease Awareness Month in the City of East Peoria. Proclamation proclaiming the week of April 8th through April 14th, 2012 as National Public Safety Telecommunicators Week in the City of East Peoria. COUNCIL BUSINESS FROM THE AUDIENCE ON AGENDA ITEMS: PUBLIC HEARING – 6:00 P.M. “PUBLIC HEARING REGARDING THE INTENT OF THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS TO SELL ONE OR MORE SERIES OF GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE).” Discussion of purpose of bonds. Comments from the audience. Motion to adjourn. COMMISSIONER DENSBERGER: Resolution No. 1112-139 – To approve the payment of bills listed on Schedule No 22. Second Reading of Resolution No. 1112-131 – To award contract for fill material hauling to Costco Site. Second Reading of Resolution No. 1112-132 – To award contract for asphalt removal from Costco Site. Second Reading of Resolution No. 1112-136 – To approve Site Preparation Contract for Mud to Parks Program for Chicago Lakefront Park Project. Resolution No. 1112-138 - To accept low bid for Underground Utilities for Target Site. To be laid on the table for no less than one week for public inspection. Resolution No. 1112-141 – To accept low bid for erosion control for Target Site. To be laid on the table for no less than one week for public inspection. Resolution No. 1112-142 – Resolution regarding the Third Party Administrator for the City’s Group Health Insurance Plan. To be laid on the table for no less than one week for public inspection. Resolution No. 1112-143 – Resolution regarding the Prescription Drug Benefit Manager for the City’s Group Health Insurance Plan. To be laid on the table for no less than one week for public inspection. Resolution No. 1112-144 – Resolution regarding Preferred Physician and Hospital Network for the City’s Group Health Insurance Plan. To be laid on the table for no less than one week for public inspection. Motion to adopt Ordinance No. 4033 (AN ORDINANCE AMENDING THE SIGN CODE FOUND AT TITLE 4, CHAPTER 7 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF AUTHORIZING CERTAIN SPECIAL OFF-PREMISES SIGNS.) Resolution No. 1112-146 – To appoint Tom Brimberry and Jill Peterson as Deputy City Clerks to serve in the absence of the City Clerk. Page 2 COMMISSIONER DECKER: Second Reading of Resolution No. 1112-134 – To authorize three separate contracts for components of the improvements to Fondulac Drive which the City will undertake in cooperation with the Fondulac Park District. Second Reading of Resolution No. 1112-135 – To accept low bid for traffic signals in New EP Downtown. Resolution No. 1112-140 – To authorize contracts with four separate vendors in connection with the City’s 2012 Street Improvement Program. To be laid on the table for no less than one week for public inspection. COMMISSIONER JEFFERS: COMMISSIONER JOOS: Resolution No. 1112-145 - To approve bid proposals from to upgrade the telecommunications center of the East Peoria Police Department. To be laid on the table for no less than one week for public inspection. MAYOR MINGUS: COUNCIL BUSINESS FROM THE AUDIENCE ON NON-AGENDA ITEMS. COMMENTS FROM COUNCIL: COMMISSIONER DECKER: COMMISSIONER DENSBERGER: COMMISSIONER JEFFERS: COMMISSIONER JOOS: MAYOR MINGUS: MOTION TO ADJOURN: __/s/ Morgan R. Cadwalader_______________________ _______________ City Clerk, Morgan R. Cadwalader Dated and Posted: March 30, 2012 RESOLUTION NO. 1112-139 April 3, 2012 EAST PEORIA, ILLINOIS RESOLUTION BY COMMISSIONER SECONDED BY COMMISSIONER BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS THAT THE CLAIMS AS LISTED ON SCHEDULE NO. 22 BE ALLOWED. MR. MAYOR, I MOVE THAT THE CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE ORDERS ON THE TREASURER FOR THE VARIOUS AMOUNTS, TOTALING $2,440,163.66 AND THE SCHEDULE OF BILLS BE HEREBY ADOPTED AS PRESENTED. MAYOR DATE: 03/30/12 TIME: 09:40:42 CITY OF EAST PEORIA SCHEDULE OF BILLS PAYABLE PAGE: 18 FINAL TOTALS INVOICES DUE ON/BEFORE 03/31/12 -----------------------------------------------------------------------------------------------------------------------------------GENERAL CORPORATE FUND 225,600.35 POLICE PROTECTION FUND 23,845.07 FIRE PROTECTION FUND 12,351.62 STREET & BRIDGE FUND 1,941.01 SEWER CHLORINATION 1,143.08 STREET LIGHTING FUND 323.75 EASTSIDE CENTRE 18,465.25 HOTEL-MOTEL TAX 3,626.80 AMBULANCE FUND 3,645.11 W. WASHINGTON ST TIF WATER & SEWER SPECIAL ASSESSMENTS FUND RIVERBOAT GAMING TAX FUND 1,225,095.27 99,080.42 1,500.00 268,657.24 PAYROLL HOLDING ACCTS 554,888.69 ---------------- GRAND TOTAL 2,440,163.66 ================ Resolution No. 1112-131 RESOLUTION NO. _1112-131_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _______________________________ RESOLUTION AWARDING CONTRACT FOR FILL MATERIAL HAULING TO COSTCO SITE WHEREAS, the City has undertaken a project known as the New EP Downtown Development Project on the former Caterpillar site located in the City’s amended and expanded West Washington Street TIF District; and WHEREAS, the City has entered into a Purchase Agreement with Costco Wholesale Corporation (“Costco”) for the sale of Lot 6 of the Technology Park Subdivision in the EP Downtown Development Project Area to Costco upon which Costco will construct and operate a Costco wholesale and retail general merchandise facility with related amenities; and WHEREAS, pursuant to the agreement with Costco, the City has agreed to prepare the building pad site for the Costco facility prior to the turnover of the development site to Costco; and WHEREAS, in an effort to timely prepare the Costco development site, the City sought contract quotes to haul fill material from the Bass Pro Development Site to the Costco Site for preparation of the Costco building pad site and preparation of the overall Costco development site (the “Costco Fill Material Hauling Project”); and WHEREAS, the City desires to approve and ratify the contract award for the Costco Fill Material Hauling Project to P.A. Atherton Construction, Inc. (the “Contractor”); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The above recitations are found to be true and correct. Section 2. The contract award to P.A. Atherton Construction, Inc. for the Costco Fill Material Hauling Project for the Costco development project is hereby approved and ratified. Section 3. The Mayor and City Clerk are authorized and directed to execute an Agreement for the Costco Fill Material Hauling Project with the Contractor (Exhibit A) on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost not to exceed $19,800.00 for the Agreement; provided, however, that the City shall have no obligation under the Agreement with the Contractor until such time as an executed original of such documentation has been delivered to the Contractor. APPROVED: _________________________________ Mayor ATTEST: __________________________________ City Clerk 2 Exhibit A Resolution No. 1112-132 RESOLUTION NO. _1112-132_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _______________________________ RESOLUTION AWARDING CONTRACT FOR ASPHALT REMOVAL FROM COSTCO SITE WHEREAS, the City has undertaken a project known as the New EP Downtown Development Project on the former Caterpillar site located in the City’s amended and expanded West Washington Street TIF District; and WHEREAS, the City has entered into a Purchase Agreement with Costco Wholesale Corporation (“Costco”) for the sale of Lot 6 of the Technology Park Subdivision in the EP Downtown Development Project Area to Costco upon which Costco will construct and operate a Costco wholesale and retail general merchandise facility with related amenities; and WHEREAS, pursuant to the agreement with Costco, the City has agreed to prepare the building pad site for the Costco facility prior to the turnover of the development site to Costco; and WHEREAS, in an effort to timely prepare the Costco development site, the City sought contract quotes to remove the bituminous asphalt under the Costco building footprint and to mill the asphalt for use at other temporary facilities sites in the EP Downtown Project Area (the “Costco Asphalt Milling Project”); and WHEREAS, the City desires to approve and ratify the contract award for the Costco Asphalt Milling Project to R.A. Cullinan & Son (the “Contractor”); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The above recitations are found to be true and correct. Section 2. The contract award to R.A. Cullinan & Son for the Costco Asphalt Milling Project for the Costco development project is hereby approved and ratified. Section 3. The Mayor and City Clerk are authorized and directed to execute an Agreement for the Costco Asphalt Milling Project with the Contractor (Exhibit A) on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost not to exceed $150,257.54 for the Agreement; provided, however, that the City shall have no obligation under the Agreement with the Contractor until such time as an executed original of such documentation has been delivered to the Contractor. APPROVED: _________________________________ Mayor ATTEST: __________________________________ City Clerk 2 Exhibit A Resolution No. 1112-136 MEMORANDUM March 16, 2012 TO: Mayor David W. Mingus and Members of the City Council THRU: Tom Brimberry, City Administrator FROM: City Attorney’s Office (Scott A. Brunton) SUBJECT: Resolution Approving Contract for Site Preparation Services for Mud to Parks Program / Chicago Lakefront Park Project ______________________________________________________________________ DISCUSSION: The City has now entered into the agreement with the Illinois Department of Natural Resources (IDNR) for the Chicago Lakefront Park Project under the “Mud to Parks” program that will re-develop a former manufacturing site for U.S. Steel along Lake Michigan into public parkland. In order to prepare the project site for the placement of silt from the Illinois River, the project site must be cleared of all vegetation material before such vegetation begins to grow during the upcoming Spring-time weather. With the recent warm weather in Illinois, this growth period is rapidly approaching. This vegetation material will be removed by a controlled burning process. Pizzo and Associates has worked with the Chicago Park District to undertake this controlled burning process to remove the vegetation material from the project site. The City, with the assistance of Midwest Engineering (the City’s project engineer for this project), has negotiated a contract with Pizzo and Associates for this site preparation work at a cost not to exceed $15,000. The remainder of the site preparation work will be bid in the near future as a Phase I package for the Chicago Lakefront Park Project. This Resolution approves the City entering into a contract with Pizzo and Associates in an amount not to exceed $15,000 for this site preparation work. This contract shall be funded by the IDNR funds received by the City for this Mud to Parks project. RECOMMENDATION: Our office recommends approval of this resolution. c: Steve Ferguson Ty Livingston Terri Gualandi Dennis R. Triggs RESOLUTION NO. _1112-136_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _______________________________ RESOLUTION TO APPROVE SITE PREPARATION CONTRACT FOR MUD TO PARKS PROGRAM FOR CHICAGO LAKEFRONT PARK PROJECT WHEREAS, the City has entered into an agreement with the Illinois Department of Natural Resources (“IDNR”) for a project with the City of Chicago and the Chicago Park District to assist with the development of lakefront parkland along Lake Michigan at a former U.S Steel manufacturing site (the “Chicago Lakefront Park Project”); and WHEREAS, under this agreement with IDNR, as part of the “Mud to Parks” program, silt will be dredged and removed from the Illinois River between the Illinois River channel and the Eastport and Spindler Marinas and then transported by barge to the Chicago Lakefront Park Project site (the “Project Site”); and WHEREAS, in an effort to prepare the Project Site for the placement of the silt from the Illinois River under this Mud to Parks program, the Project Site must be cleared of vegetation material; and WHEREAS, the vegetation material must be removed from the Project Site in the very near future prior to the spring-time growth period; and WHEREAS, the City has negotiated an agreement with Pizzo and Associates, an approved contractor for the Chicago Park District, to clear the vegetation material from the Project Site by burning, for a fee not to exceed $15,000 under the terms and conditions set forth in the contract attached hereto as “Exhibit A” (the “Contract”); and WHEREAS, the City hereby finds that this Contract with Pizzo and Associates for site preparation services is in the best interests of the Mud to Parks program for the Chicago Lakefront Park Project and necessary to ensure that this project can proceed in 2012; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The above recitations are found to be true and correct. Section 2. The Mayor or his designee is hereby authorized and directed to execute this Contract with Pizzo and Associates on behalf of the City for the site preparation services related to the City’s participation in this “Mud to Parks” program for the Chicago Lakefront Park Project, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost not to exceed of $15,000.00 for the Contract; provided, however, that the City shall have no obligation under the Contract with Pizzo and Associates until such time as an executed original of such documentation has been delivered to Pizzo and Associates. APPROVED: _________________________________ Mayor ATTEST: __________________________________ City Clerk 2 Resolution No. 1112-138 RESOLUTION NO. _1112-138_ East Peoria, Illinois _____________________, 2012 RESOLUTION BY COMMISSIONER DENSBERGER RESOLUTION ACCEPTING LOW BID FOR UNDERGROUND UTILITIES FOR TARGET SITE WHEREAS, the City has undertaken a project known as the New EP Downtown Development Project on the former Caterpillar site located in the City’s amended and expanded West Washington Street TIF District; and WHEREAS, the City has entered into a Development Agreement with Cullinan Properties Ltd for the development of a Target store on Lot 2 of the Commercial Courts Subdivision in the EP Downtown Development Project Area; and WHEREAS, pursuant to the agreement with Cullinan Properties, the City has agreed to provide underground utilities for the Target development site; and WHEREAS, in an effort to prepare the Target development site, the City has sought bids for the underground utilities for the Target development site, including water, sanitary sewer, storm sewer, and related minor earthwork (the “Target Underground Utilities Project”); and WHEREAS, the City desires to accept the lowest responsible bid and award the contract for the Target Underground Utilities Project to Stark Excavating Inc. (the “Contractor”); see Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The above recitations are found to be true and correct. Section 2. Stark Excavating Inc. is awarded the contract for the Target Underground Utilities Project for the Target development site in the EP Downtown Development Project Area. Section 3. The Mayor and City Clerk are authorized and directed to execute an Agreement for the Target Underground Utilities Project with the Contractor on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost not to exceed $791,269.05 for the Agreement; provided, however, that the City shall have no obligation under the Agreement with the Contractor until such time as an executed original of such documentation has been delivered to the Contractor. APPROVED: _________________________________ Mayor ATTEST: __________________________________ City Clerk 2 Exhibit A Resolution No. 1112-141 1112-141 RESOLUTION NO. _1112-142_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _______________________________ RESOLUTION ACCEPTING LOW BID FOR EROSION CONTROL FOR TARGET SITE WHEREAS, the City has undertaken a project known as the New EP Downtown Development Project on the former Caterpillar site located in the City’s amended and expanded West Washington Street TIF District; and WHEREAS, the City has entered into a Development Agreement with Cullinan Properties, Ltd for the development of a Target store on Lot 2 of the Commercial Courts Subdivision in the EP Downtown Development Project Area; and WHEREAS, pursuant to the agreement with Cullinan Properties, the City has agreed to prepare the building pad site for the Target facility prior to the turnover of the development site to Cullinan Properties and Target; and WHEREAS, in an effort to prepare and maintain the Target development site, the City has sought bids for erosion control for the Target development site, including the building pad site (the “Target Erosion Control Project”); and WHEREAS, the City desires to accept the lowest responsible bid and award the contract for the Target Erosion Control Project to Illinois Civil Contractors, Inc. (the “Contractor”); see Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The above recitations are found to be true and correct. Section 2. Illinois Civil Contractors is awarded the contract for the Target Erosion Control Project for the Target development site in the EP Downtown Development Project Area. Section 3. The Mayor and City Clerk are authorized and directed to execute an Agreement for the Target Erosion Control Project with the Contractor on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost not to exceed $22,774.00 for the Agreement; provided, however, that the City shall have no obligation under the Agreement with the Contractor until such time as an executed original of such documentation has been delivered to the Contractor. APPROVED: _________________________________ Mayor ATTEST: __________________________________ City Clerk 2 Exhibit A Resolution Nos. 1112-142, 143 and 144 MEMORANDUM March 30, 2012 TO: Mayor David W. Mingus and Members of City Council THRU: Tom Brimberry, City Administrator FROM: City Attorney’s Office (Scott A. Brunton) SUBJECT: Resolutions for the City’s Group Health Care Plan (1) Resolution Approving Third Party Administrator for the City’s Group Health Insurance Plan (2) Resolution Approving Prescription Benefits Manager for the City’s Group Health Insurance Plan (3) Resolution Approving Physician and Hospital Network for the City’s Group Health Insurance Plan _____________________________________________________________________ DISCUSSION: The City’s Insurance & Benefits Committee has recently maintained three-year contracts for the service providers for the City’s self-funded Group Health Care Plan. These contracts will terminate at the end of the current fiscal year on April 30th. Thus, the Committee has reviewed these service contracts and has met with each service provider regarding renewal of their contracts. As the Committee has found that Consociate-Dansig has provided excellent service as the Third Party Administrator for the City’s Health Care Plan, the Committee is recommending entering into a new five-year contract with Consociate-Dansig for these services for the City’s Health Care Plan. The Committee has further found that Consociate-Dansig continues to assist the Committee to diligently control the overall costs of the Plan. The first Resolution approves this five-year contract with ConsociateDansig for these Third Party Administrator services. Additionally, the City has previously contracted with Hines & Associates for utilization review and large case management services. Consociate-Dansig works closely with Hines & Associates to administer benefits provided by the City’s Health Care Plan. This first Resolution also approves a five-year contract with Hines & Associates. The Committee has also found that MedTrak Services has provided excellent service for the City’s Health Plan as the Prescription Benefits Manager. Thus, Committee is recommending entering into a new five-year contract with MedTrak Services for continuing to provide these services for the City’s Health Care Plan. The second Resolution approves this five-year contract with MedTrak Services. The third Resolution approves a new five-year contract with Methodist First Choice network for physician and hospital services for the City’s Health Care Plan. The Committee did receive quotes for other similar service providers and conducted interviews with these service providers. After completing this review process, the Committee found that continuing the City’s relationship with Methodist First Choice would provide the best cost control for the City’s Health Care Plan, while continuing to provide excellent services for Plan participants. RECOMMENDATION: The Insurance & Benefits Committee, as well as our office, recommends that the Council pass each of these three Resolutions. c: Dirk McGuire, Co-Chair of the Insurance & Benefits Committee Teresa Durm Terri Gualandi DRT RESOLUTION NO. _1112-142_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _________________________________ RESOLUTION REGARDING THE THIRD PARTY ADMINISTRATOR FOR THE CITY’S GROUP HEALTH INSURANCE PLAN WHEREAS, the City of East Peoria maintains a self-insured group health care plan (“Plan”) for the benefit of its employees and retirees, and the City’s Insurance and Benefits Committee oversees the Plan; and WHEREAS, as part of the contract renewal process related to the Plan, the Insurance and Benefits Committee reviewed the service received during the past three years from Consociate Inc. for the Plan’s third party administrator services for administration of benefits under the Plan, determining that the service from Consociate Inc. has been excellent and that Consociate Inc. has assisted the Plan with maintaining cost controls during this period; and WHEREAS, Hines & Associates Inc. has assisted the Plan and Consociate Inc. by providing specialized large case management and utilization review services for the Plan, and the Insurance and Benefits Committee has also found the services provided by Hines & Associates to be excellent and important to assisting the Plan with maintaining cost controls during this past contract period; and WHEREAS, based on strong track record of service from Consociate Inc., the City’s Insurance and Benefits Committee unanimously recommends that the City enter into a new five-year contract with Consociate Inc., attached as “Exhibit 1”, for the claims administration and related services for the City’s Plan, and based on strong track record of service from Hines & Associates Inc., the Insurance and Benefits Committee unanimously recommends that the City enter into a new five-year contract with Consociate Inc., attached as “Exhibit 2”, for specialized large case management and utilization review services for the City’s Plan NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The City adopts the recommendation made by the Insurance and Benefits Committee, as set forth above, thereby approving the Service Agreement with Consociate Inc., attached as “Exhibit 1”, which will be effective from May 1, 2012, through April 30, 2017. Section 2. The City adopts the recommendation made by the Insurance and Benefits Committee, as set forth above, thereby approving the Service Agreement with Hines & Associates Inc., attached as “Exhibit 2”, which will be effective from May 1, 2012, through April 30, 2017. Section 3. The Mayor, or his designee, is hereby authorized and directed to execute the Service Agreement with Consociate Inc., attached as “Exhibit 1”, and the Service Agreement with Consociate Inc., attached as “Exhibit 2”, together with such changes therein as the Mayor in his discretion may deem appropriate; provided, however that such agreements shall not be binding upon the City until an executed original thereof has been delivered to the respective service provider. Furthermore, the City Administrator shall be authorized to execute any agreement or documentation that is ancillary to fulfilling the terms and intent of the attached Service Agreements with Consociate Inc. and Hines & Associates Inc. APPROVED: ATTEST: _____________________________________ City Clerk __________________________________ Mayor Exhibit 1 SERVICE AGREEMENT This Agreement is entered into by and between HINES & ASSOCIATES, INC. (hereinafter referred to as HINES) and CONSOCIATE DANSIG (hereinafter referred to as THE CLAIM PAYER) on behalf of CITY OF EAST PEORIA (hereinafter referred to as THE GROUP), WHEREAS, HINES desires to provide utilization review services and other services for the management of Health Care claims of the members of THE GROUP, WHEREAS, THE GROUP desires to obtain utilization review services and other services from HINES, for the management of such Health Care claims of the members of THE GROUP, WHEREAS, it is the purpose of this Agreement to establish a relationship whereby HINES will perform the services (hereinafter referred to as SERVICES ) as described on Exhibit 2 and Exhibit 3 for THE GROUP, WHEREAS, HINES warrants that it will provide the utilization review SERVICES required under this Agreement in a prompt, efficient, effective and economic manner, NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties covenant and agree as follows: 1. SERVICES AND DEFINITIONS. See Exhibit 1 (attached and made a part hereof). 2. SCOPE OF SERVICE. HINES agrees that for the term of this Agreement as set forth in Section 3 hereof, it will provide to THE GROUP the SERVICES outlined on Exhibit 2 and Exhibit 3 with respect to medical care proposed for eligible members of THE GROUP and for their eligible dependents (hereinafter collectively referred to as "Covered Persons"), covered under the health benefits programs established and maintained by THE GROUP. Covered Persons whose primary coverage is to be provided by another health program, Medicare or Workers Compensation will not be included in the category of Covered Persons for which SERVICES are performed. THE GROUP will interpret the benefit plan, maintain a list of eligible employees and dependents as well as pay the Health Care claims. HINES will make recommendations to THE GROUP on the medical necessity and/or appropriateness of Health Care SERVICES provided or proposed to be provided as defined by and in accordance with those SERVICES that require precertification as listed on Exhibit 2 and Exhibit 3. HINES and THE GROUP agree that only THE GROUP will make the final determination as to payment or the denial of payment of any claim and/or authorization for delivery of any Health Care SERVICES. 3. TERM AND TERMINATION. This Agreement shall be for a term of five (5) years from the effective date of May 1, 2012 and shall automatically renew for twelve-month periods thereafter with sixty (60) days notice of any pricing changes. Either party may terminate this Agreement at any time after the initial year by giving written notice to the other party at least thirty (30) days before the date of termination, which date shall be specified in the notice. Either party may terminate this Agreement in the event of a material default, other than a failure to pay by the other party. Such termination shall be effective thirty (30) days after written notice specifying the default has been given to the defaulting party, unless the default has been cured before the end of the thirty (30) day period. This Agreement may be terminated immediately by HINES for failure to receive payment from THE GROUP within thirty (30) days of its due dates set forth in Section 8 of this Agreement, except said failure to pay must be in writing delivered to the parties described in Section 13 and THE GROUP shall be given ten (10) working days notice from the date of default to cure any default in payment. A dispute as to the number of participants eligible shall not in and of itself be the basis for termination. 4. NOTICE OF DETERMINATION AND CONTACT. HINES agrees to contact THE GROUP or THE CLAIM PAYER designee, the patient, the patient's physician and/or the hospital regarding HINES recommendations on the medical necessity and/or appropriateness of Health Care SERVICES provided or to be provided to the Covered Persons. 5. PROFESSIONAL SERVICES. HINES agrees to secure or provide the services of licensed physicians as reasonably required to act in the capacity of advisors or consultants to assist in making review determinations. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 2 HINES agrees to provide a telephonic answering system to be utilized during non-business hours, holidays and other closed office situations according to the guidelines of the Utilization Review Accreditation Commission (URAC), also known as the American Accreditation Health Care Commission, Inc. HINES will maintain any applicable state licensures and conform to all applicable laws in all applicable jurisdictions. HINES will notify THE CLAIM PAYER and THE GROUP within thirty (30) days in the event its license in the applicable jurisdiction is relinquished or revoked. HINES maintains URAC Accreditation for Utilization Management, Case Management and Disease Management. 6. INSURANCE COVERAGE AND ELIGIBILITY. HINES will provide written or verbal notification that HINES is certifying medical necessity and does not guarantee eligibility, benefit coverage or payment. Payment will be based on THE CLAIM PAYER s review to determine eligibility and availability of benefits at the time SERVICES are rendered. All questions regarding claim issues are referred to THE CLAIM PAYER. HINES shall have no legal liability or financial responsibility in connection with claim payment or denial decisions by THE CLAIM PAYER or THE GROUP. 7. REPORTS. HINES will provide THE GROUP with electronic reports of its activities under this Agreement as outlined in Exhibit 2. HINES agrees to provide THE GROUP with HINES standard reports and will customize the form if possible under the existing program. Ad hoc reporting fees may apply. 8. FEES AND PAYMENT. THE GROUP agrees to pay HINES a fee in the amount shown in Exhibit 2 (attached and made a part hereof) for the SERVICES. Fees specified on Exhibit 2 will remain in effect for the time period specified in Section 3 of the contract, thereafter to be negotiated upon renewal. If THE GROUP requests SERVICES or negotiations by HINES and later chooses not to use the information obtained by HINES, the time spent by HINES is still payable by THE GROUP. THE GROUP will pay HINES within thirty (30) days of the invoice date for SERVICES already rendered. 9. ACCESS TO RECORDS AND ASSISTANCE. HINES agrees that during normal business hours, THE CLAIM PAYER shall have access to and the right of examination of records, which relate to any SERVICES provided to THE GROUP under this Agreement. Such access and right of examination shall continue to be provided to THE CLAIM PAYER for a period of six (6) months following the termination of the Agreement and consistent with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any amendments as dictated by federal law. HINES will, upon request of THE GROUP, provide reasonable assistance to THE GROUP or patient in the event legal action is brought to collect amounts which are billed for medical SERVICE(S) rendered following a HINES determination and notice (as specified in Section 2 of the Agreement) that the SERVICE(S) was not medically necessary and/or not appropriate. HINES will: a. Provide access to HINES' review records relating to SERVICES provided under this Agreement, which are directly related to the subject matter of the litigation. b. Make available the appropriate HINES' employee(s) to comment regarding the basis upon which the determination was made that the rendered SERVICE was not medically necessary and/or appropriate. c. Make available, at THE GROUP'S expense, the appropriate physician advisor or consultant, to comment regarding the basis upon which the determination was made that the rendered SERVICE was not medically necessary and/or appropriate. HINES and its physician advisors and consultants will be reimbursed by THE GROUP in connection with such litigation assistance for reasonable out-of-pocket expenses incurred for travel lodging, meals of employees, physician advisors, and consultants. 10. EXTERNAL APPEALS. If an external appeal is requested, HINES will cooperate with THE CLAIM PAYER regarding release of information necessary to conduct this level of peer review. HINES will not pay the cost of the external appeal but will assist THE CLAIM PAYER in locating the external review organization. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 3 11. COMMUNICATIONS AND CONFIDENTIALITY. Any communications relating to HINES' SERVICES under this Agreement prepared for distribution by HINES or THE GROUP to any person or entity, including physicians, Covered Persons, or to the general public will be released only after consultation between HINES and THE GROUP and only in accordance with applicable state and federal law governing the confidentiality of patient medical records. Upon mutual agreement HINES or THE GROUP may communicate with Covered Persons, physicians, and hospitals regarding review decisions or the review mechanisms to be utilized or modified under this agreement and in accordance with HIPAA and any amendments as dictated by federal law. The data furnished in accordance with this Agreement is Confidential Information and any use, furnishing, disclosure, publication, or revealing in any way by either party of Confidential Information furnished under the terms of this Agreement to any person, organization, firm, or government agency contrary to law or to the provisions of this Agreement shall obligate the party failing to maintain the confidentiality of Confidential Information to indemnify and hold harmless the other party from any claim, injury, damage, liability, judgment, or expense arising from that party s failure to maintain the confidentiality of said Confidential Information occurring during the term of this Agreement or thereafter, except to the extent any such loss or damage was caused or contributed to by the party seeking indemnity. In the event either party is served with a subpoena, request for production of documents or similar legal process relating to review decisions or the review mechanisms to be utilized or modified under this Agreement, such party shall promptly notify the other party of the service of such process so that such other party may determine whether any Confidential Information is or may be included in materials sought by such subpoena, request or process. Such party may at its own expense, take such legal action, as it deems necessary to preserve the confidentiality of its data or information. 12. INDEMNITY. HINES shall be solely liable for all of its review decisions and those of its employees, agents or other representatives or designees. HINES will provide its own policy of liability insurance with a minimum three million ($3,000,000.00) dollar coverage. THE GROUP shall be solely liable for all of THE GROUP S payments, claim payment decisions, and eligibility and coverage determinations, and those of its employees, agents or other representatives or designees. THE GROUP shall indemnify and hold harmless HINES, its directors, officers, agents and employees for any and all claims, injury, damage, liability, judgment and expenses, including any reasonable attorney fees and expenses, arising out of a HINES determination of the absence of medical necessity or appropriateness of SERVICES unless the determination is attributable in whole or in substantial part to an error, omission, or negligent act of HINES, its agents, employees, or other representatives or designees. HINES shall indemnify and hold harmless THE GROUP and its directors, agents, officers or employees from and defend against any and all claims, lawsuits, judgments, settlements and expenses, including reasonable attorney s fees, caused by the negligence or willful misconduct of HINES. Where HINES is named a nominal defendant, in a proceeding wherein the issues concern coverage or eligibility for benefits under THE GROUP S benefit plan, THE GROUP shall defend HINES without cost to HINES, and/or indemnify HINES for any and all costs incurred by HINES in defending the action, including without limitation attorneys fees. Notwithstanding this provision, the tender of the defense of this matter shall not include any authority to settle the matter without the express written consent of HINES. It shall be the responsibility of THE GROUP and/or THE CLAIM PAYER, to select services that reflect the requirements of the benefit plan and any other parties, such as stop loss. It shall be the responsibility of the Plan Sponsor or designee to notify HINES of the Plan grandfather status, and of any changes grandfather status or contribution rates at least 30 days in advance. 13. MISCELLANEOUS. The following miscellaneous terms shall apply to this Agreement: a. This Agreement shall be governed in all respects by the laws of the State of Illinois, except to the extent that federal law applies. b. HINES shall not enter into an incentive payment provision contained in a written contract or any other type of Agreement with a Health Care provider that is based on reimbursement or refund for the SERVICE performed. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 4 c. In the event any provision of this Agreement conflicts with law or if any provision shall be held illegal or unenforceable or partially illegal or unenforceable by a court with jurisdiction over the parties to this Agreement, then such provision shall be construed and enforced to such extent as it may be a legal and enforceable provision, and all other provisions of this Agreement shall be given effect separately therefrom and shall not be affected thereby. d. The terms of the Agreement, including its Exhibits constitute the entire Agreement between HINES and THE GROUP. This Agreement, including its Exhibits supersedes all prior communications, representations or Agreements, verbal or written, between HINES and THE GROUP with respect to the subject matter thereof. e. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement may be assigned by either party without the written consent of the other. f. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. g. All notices required or permitted shall be sent certified, courier service or personal service delivery mail with return receipt requested and postage prepaid to: Judith C. Hines, President HINES & ASSOCIATES, INC. 14 North Riverside Avenue St. Charles, IL 60174 and/or Travis Schmid, VP Marketing CONSOCIATE DANSIG On Behalf Of CITY OF EAST PEORIA 111 E. Decatur; PO Box 1068 Decatur, IL 62525 or addresses subsequently furnished in accordance with the terms thereof. All notices will be deemed effective upon receipt. h. The provisions of section 9, 10, 11, 12 and 13 shall survive the termination of this Agreement. IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Agreement as of the day and year written below. DATED: DATED: HINES & ASSOCIATES, INC. CONSOCIATE DANSIG On Behalf Of CITY OF EAST PEORIA BY: BY: JUDITH C. HINES President TRAVIS SCHMID VP Marketing CITY OF EAST PEORIA BY: PRINT NAME: TITLE: DATED: CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 5 EXHIBIT 1 SERVICES AND DEFINITIONS Acute Inpatient Review - Medical/Surgical: This is precertification and concurrent review of the medical necessity of an inpatient admission in an acute care hospital. An admission is classified inpatient when the provider charges an actual Room and Board rate, rather than an Observation rate for each night the patient is confined. Acute Inpatient Review - Behavioral Health/Substance Abuse: This is precertification and concurrent review for acute hospital confinement for patients with a behavioral health disorder or drug or alcohol abuse. This does not include partial hospitalization, sub-acute or residential treatment programs. BABE SM Critical Care Program: Specialty high-risk neonatal care management by board certified neonatologist(s) and specialty NICU nurse(s). Service includes peer-to-peer consultations with Hines' perinatologist and attending physician to promote successful outcomes and efficient care. Behavioral Health/Substance Abuse Case Management: The process of working directly with patients, their families, and providers to coordinate the delivery of cost effective, quality care to promote optimal outcomes for patients with acute behavioral health or substance abuse conditions requiring alternative levels of care, such as partial hospitalization and residential care. Case Management Prescreen: An evaluation of the merits of the case to determine if active case management will likely result in cost savings to the health plan. This prescreen includes a review of notifications and may include review of diagnostic code and/or contact with the patient, provider and/or claim payer. Claim Payer: A designation given to those professionals who review and adjudicate medical, dental, and/or disability claims. Designated by THE GROUP to act on their behalf. Concurrent Review: The process of validating the medical necessity and appropriateness of continued acute inpatient stay after the initial certification has expired. Consultant: An agent or broker designated by THE GROUP to consult on their behalf with regard to securing benefits, insurance, claims payer, managed care SERVICES or other SERVICES as designated by THE GROUP. Covered Person: Any person satisfying the plan definition of a covered person under a specific plan or policy for whom health insurance benefits are provided in whole or in part by THE GROUP. Covered Persons whose primary coverage is to be provided by another health program, Medicare or Workers Compensation will not be included in the category of Covered Persons for which SERVICES are performed. Dialysis Case Management: The process of working directly with patients, their families and their physicians to coordinate the delivery of cost-effective, quality care to promote optimal outcomes for patients neeeding dialysis for end stage renal disease. Discharge Planning: The process of evaluating anticipated home or aftercare needs of patients confined in the hospital. Routine discharge planning is done under the concurrent review process and complex discharge planning is done under case management. Aftercare services anticipated lasting more than one to two weeks or that requires onsite evaluation or coordination of multiple services or complex treatment plans are handled through case management. Case management handles all discharge planning when the case is open to case management for continuity. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 6 Disease Management: A process designed to improve outcomes and reduce costs of poorly managed chronic medical conditions as evidenced by complications and disproportionate use of medical services through coordination of care based on clinical practice guidelines and education of the Health Care consumer for better self-management. External Appeals: A peer review that is performed by an entity that is not associated with THE CLAIM PAYER or HINES. Health Care Provider: An organization that provides Health Care services for or on behalf of a claimant. Health Insurance Portability and Accountability Act of 1996 (HIPAA): A federal law establishing certain standards that parties intend to satisfy including requirements of the Administrative Simplification provision of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and codified at 45 C.F.R. parts 160 and 164 (Privacy Rule) to the extent applicable to each party and as may be amended from time to time. Home Health Care: Review may include skilled nursing, physical therapy, occupational therapy, speech therapy or certified nursing assistant visits that are intermittent and provided by a licensed registered nurse, licensed therapist or certified nursing assistant to assess or treat a patient that is housebound. Continuous home care done hourly rather than intermittently is not precerted through utilization review. See Exhibit 2 for identified services. Hospice: A service designed to provide supportive care to the terminally ill. Generally the services, including skilled nursing visits, certified nursing assistants for personal care, therapists for evaluation and teaching, medical social workers, volunteer and clergy visits are home based, however many home hospice agencies do have agreements with inpatient facilities to provide respite or skilled care when needed. Hospital Admission: Acute level inpatient care with assignment to room and bed, not outpatient or observation care unit. Large Case Management: The process of working directly with patients, their families and their physicians to coordinate the delivery of cost-effective, quality care to promote optimal outcomes for patients with catastrophic conditions. Large Case Management Identification: The process of screening potentially catastrophic cases to determine if case management can positively impact the cost or health outcome for the patient. Medical Peer Review: Peer Review services include all reviews done by a HINES physician panelist for medical necessity of transplant services and any other questions requested by the payer to assist with claims determinations, including but not limited to necessity of services not reviewed under UR, coding or billing issues and opinions. An additional fee is charged and a written report is provided. Medically Necessary: Services or items reasonable and necessary for the diagnosis or treatment of illness or injury according to accepted standards of medical practice. Nominal Defendant: A nominal defendant shall refer to Contractor s participation in a lawsuit by being named as a defendant not because any specific relief is requested against Contractor and/or not because Contractor is liable in damages under any applicable and tested legal theory, but because Contractor is connected with subject-matter giving rise to the lawsuit. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 7 Nurse Consultation: Review of claims or requests for services for medical necessity or cost effectiveness as requested by THE CLAIM PAYER, onsite evaluations and shock loss reports. Observation Confinement: An observation confinement is a short stay in an acute care hospital where the patient is observed to determine the need for full inpatient admission. These confinements are generally 23 hours in length or less and billed by the facility at less than the normal room & board rate. Oncology Case Management: The process of working directly with patients, their families and their physicians to coordinate the delivery of cost-effective, quality care to promote optimal outcomes for patients with cancer. Outpatient Behavioral Health/Substance Abuse Review: The process of reviewing non-acute levels of care, where the condition does not require an acute inpatient stay. This review includes partial hospitalization programs (PHP), also referred to as day hospitals. Treatment usually is six hours per day and at least five days per week. This level is usually used post-acute inpatient to transition the patient to home in a structured level of care. This review also includes intensive outpatient treatment (IOP). Usually three hours in the evening. Number of days per week varies from three to six. This is less restrictive than PHP, but gives the patient intense education and therapy. The service can also be used post inpatient for those that do not require the more restrictive, structured PHP. Review may include outpatient therapy sessions. See Exhibit 2 for identified services. Physician Advisory Service: Physician Advisory Service includes reviews done by a HINES physician panelist for medical necessity of a treatment or SERVICE that is contracted to be reviewed under the HINES UR program. Potential Shock Loss Notification: Written notification to THE CLAIM PAYER only, of potential high dollar claims cases, when such cases are identified and based solely upon the information made available to HINES. Identification is not made based on claim history, but rather on the diagnosis or information made available to HINES regarding the potential treatment plan. By providing this Notification, HINES is not assuming any obligation for THE GROUP or the administrator/THE CLAIM PAYER to notify the MGU/stop loss carrier or reinsurer of a potential high dollar claim. This Notification is sent as a courtesy only and does not imply that HINES is assuming, or intends to assume, any liability for the Notification or the failure to provide such Notification. PPO Channeling: The process by which the nurse reviewer educates the provider or patient to the benefits of utilizing a PPO network provider. This usually occurs prior to a prospective confinement. Preadmission Review or Precertification or Utilization Review: The process of validating the medical necessity of a proposed or emergent acute inpatient hospital admission. Quarterly Data Reports: Reports compiled from the data accumulated during a given quarter reflecting the utilization review activity of a specific employee group or claims administrator. Reports can be customized to meet specific needs of the customer. Reconsideration & Appeal: The process by which a patient or provider can request a review or a peer-to-peer discussion of a non-certification determination (denial) between the HINES reviewing physician and the attending or treating physician. Appeals are billed at the current hourly Medical Peer Review rate. Retrospective Review: The process of validating the medical necessity and appropriateness of a hospital confinement or a procedure after the patient has been confined or the procedure has been completed. Retrospective reviews are generally done by medical record review. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 8 Shock Loss Research Report: A prospective detailed report that anticipates Health Care needs and estimates the cost of expected services over a designated period of time, for a specific enrollee with a specific diagnosis. This report is provided at an additional fee. Skilled Nursing Facility: An institution or distinct part of an institution designed for the person who needs short-term, comprehensive inpatient care following an acute illness, injury, exacerbation of an existing disease process, or post operative care. The patient must require the services on a daily basis, the care must be prescribed by a physician, and must require the skills of qualified technical or professional health personnel. Transplant Case Management: The process of working directly with patients, their families and their physicians to coordinate the delivery of cost-effective, quality care to promote optimal outcomes for patients with organ transplant conditions. URAC: Industry accreditation obtained from the Utilization Review Accreditation Commission, also known as the American Accreditation Health Care Commission, Inc. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 9 EXHIBIT 2 CITY OF EAST PEORIA This Exhibit of the Service Agreement is effective beginning May 1, 2012 through April 30,2015. $ 1.45 Utilization Review Per Employee Per Month Billing** Acute Inpatient Medical/Surgical and Behavioral Health / Substance Abuse Review - Preadmission Review Large Case Management Identification - Concurrent Review PPO Channeling - Retrospective Review Quarterly Data Reports Discharge Planning REPORTING: Quarterly Reports Included Ad Hoc Reports Varying Pricing OTHER SERVICE FEES AS OF May 1, 2012 through April 30, 2015: Large Case Management fee (in 10 minute increments) $115.00 per hour The following SERVICES are billed at the hourly large case management fee:Home Health Care, Hospice, Skilled Nursing Facility. If at any point a physician review is required, SERVICES will be charged at the current Physician Review Fee rate. Charges for record acquisition will be passed through to THE GROUP/THE CLAIM PAYER. Disease Case Management fee (in 10 minute increments) $115.00 per hour Shock Loss Research Report fee (in 10 minute increments) $125.00 per hour Nurse Consultation fee (in 10 minute increments) $115.00 per hour Physician Review Fees (in 15 minute increments) $425.00 per hour Includes Peer Review for medical necessity with a minimum 30 minute charge; Appeals; Retrospective Reviews requiring a Physician review and/or any other Physician Consultation. Charges for record acquisition will be passed through to THE GROUP/THE CLAIM PAYER with a minimum 30 minute charge. SPECIALTY CASE MANAGEMENT SERVICE FEES AS OF May 1, 2012 through April 30, 2015: BABESM Critical Care Neonatal Case Management fee (in 10 minute increments) $125.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. Dialysis Case Management fee (in 10 minute increments) $125.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. High Risk Obstetrical Case Management fee (in 10 minute increments) $125.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. Oncology Case Management fee (in 10 minute increments) $125.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. Behavioral Health / Substance Abuse Case Management fee (in 10 minute increments) $ 125.00 per hour Partial behavioral health/substance abuse hospitalization, outpatient behavioral health/substance abuse, and sub-acute or residential inpatient behavioral health/substance abuse care are billed at the hourly behavioral health/substance abuse case management fee. If at any point a physician review is required, services will be charged at the current Medical Peer Review rate. Transplant Case Management fee (in 10 minute increments) $125.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 10 **These are the contracted SERVICES as relayed to HINES. Any additional SERVICES included in the plan document may affect the pricing structure. THE GROUP agrees to notify HINES of any changes in Stop Loss carrier, broker, consultants and/or plan documents. On behalf of THE GROUP, I acknowledge the SERVICES, fees and term of this Service Agreement. Travis Schmid, VP Marketing CONSOCIATE DANSIG On Behalf Of CITY OF EAST PEORIA Date Date PRINT NAME: TITLE: CITY OF EAST PEORIA CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 11 EXHIBIT 3 CITY OF EAST PEORIA This Exhibit of the Service Agreement is effective beginning May 1, 2015 through April 30,2017. $ 1.55 Utilization Review Per Employee Per Month Billing** Acute Inpatient Medical/Surgical and Behavioral Health / Substance Abuse Review - Preadmission Review Large Case Management Identification - Concurrent Review PPO Channeling - Retrospective Review Quarterly Data Reports Discharge Planning REPORTING: Quarterly Reports Included Ad Hoc Reports Varying Pricing OTHER SERVICE FEES AS OF May 1, 2015 through April 30, 2017: Large Case Management fee (in 10 minute increments) $125.00 per hour The following SERVICES are billed at the hourly large case management fee:Home Health Care, Hospice, Skilled Nursing Facility. If at any point a physician review is required, SERVICES will be charged at the current Physician Review Fee rate. Charges for record acquisition will be passed through to THE GROUP/THE CLAIM PAYER. Disease Case Management fee (in 10 minute increments) $125.00 per hour Shock Loss Research Report fee (in 10 minute increments) $125.00 per hour Nurse Consultation fee (in 10 minute increments) $125.00 per hour Physician Review Fees (in 15 minute increments) $450.00 per hour Includes Peer Review for medical necessity with a minimum 30 minute charge; Appeals; Retrospective Reviews requiring a Physician review and/or any other Physician Consultation. Charges for record acquisition will be passed through to THE GROUP/THE CLAIM PAYER with a minimum 30 minute charge. SPECIALTY CASE MANAGEMENT SERVICE FEES AS OF May 1, 2015 through April 30, 2017: BABESM Critical Care Neonatal Case Management fee (in 10 minute increments) $140.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. Dialysis Case Management fee (in 10 minute increments) $140.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. High Risk Obstetrical Case Management fee (in 10 minute increments) $140.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. Oncology Case Management fee (in 10 minute increments) $140.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. Behavioral Health / Substance Abuse Case Management fee (in 10 minute increments) $ 140.00 per hour Partial behavioral health/substance abuse hospitalization, outpatient behavioral health/substance abuse, and sub-acute or residential inpatient behavioral health/substance abuse care are billed at the hourly behavioral health/substance abuse case management fee. If at any point a physician review is required, services will be charged at the current Medical Peer Review rate. Transplant Case Management fee (in 10 minute increments) $140.00 per hour If at any point a physician review is required, services will be charged at the current Physician Review Fee rate. CITY OF EAST PEORIA SERVICE AGREEMENT PAGE 12 **These are the contracted SERVICES as relayed to HINES. Any additional SERVICES included in the plan document may affect the pricing structure. THE GROUP agrees to notify HINES of any changes in Stop Loss carrier, broker, consultants and/or plan documents. On behalf of THE GROUP, I acknowledge the SERVICES, fees and term of this Service Agreement. Travis Schmid, VP Marketing CONSOCIATE DANSIG On Behalf Of CITY OF EAST PEORIA Date Date PRINT NAME: TITLE: CITY OF EAST PEORIA 1112-143 RESOLUTION NO. _1112-141_ East Peoria, Illinois _______________________, 2012 RESOLUTION BY COMMISSIONER DENSBERGER RESOLUTION REGARDING THE PRESCRIPTION DRUG BENEFIT MANAGER FOR THE CITY’S GROUP HEALTH INSURANCE PLAN WHEREAS, the City of East Peoria maintains a self-insured group health care plan (“Plan”) for the benefit of its employees and retirees, and the City’s Insurance and Benefits Committee oversees the Plan; and WHEREAS, as part of the contract renewal process related to the Plan, the Insurance and Benefits Committee reviewed the service received during the past five years from MedTrak Services LLC for the Plan’s prescription drug program benefit manager for providing the pharmacy benefits under the Plan, determining that the service from MedTrak Services has been excellent and that MedTrak Services has assisted the Plan with significant cost savings during this period; and WHEREAS, based on MedTrak Services’ strong track record of service, the City’s Insurance and Benefits Committee unanimously recommends that the City enter into a new five-year contract with MedTrak Services LLC, designated as the First Amendment to Service Agreement and attached as “Exhibit 1”, as the preferred provider of these pharmacy benefit management services for the City’s Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The City adopts the recommendation made by the Insurance and Benefits Committee, as set forth above, thereby approving the First Amendment to Service Agreement with MedTrak Services LLC, attached as “Exhibit 1”, which will be effective from May 1, 2012, through April 30, 2017. Section 2. The Mayor, or his designee, is hereby authorized and directed to execute the First Amendment to Service Agreement with MedTrak Services LLC, attached as “Exhibit 1”, together with such changes therein as the Mayor in his discretion may deem appropriate; provided, however that such agreement shall not be binding upon the City until an executed original thereof has been delivered to MedTrak Services LLC. Furthermore, the City Administrator shall be authorized to execute any agreement or documentation that is ancillary to fulfilling the terms and intent of the attached First Amendment to Service Agreement with MedTrak Services LLC. APPROVED: ATTEST: _____________________________________ City Clerk __________________________________ Mayor Exhibit 1 FIRST AMENDMENT TO SERVICE AGREEMENT This First Amendment (“Amendment”) shall modify the Service Agreement, dated effective as of April 1, 2010 (the “Agreement”), by and between MedTrak Services, LLC (“MedTrak”), and City of East Peoria (“Client”). This Amendment shall be effective as of May 1, 2012 (the “Amendment Effective Date”), pursuant to the following terms and conditions: RECITALS WHEREAS, MedTrak and Client have entered into and are parties to the Agreement; and WHEREAS, MedTrak and Client now desire to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements set forth herein, MedTrak and Client agree to amend the Agreement, upon the Amendment Effective Date, as follows: TERMS & CONDITIONS OF AMENDMENT 1. Section 5.1 of the Agreement (under Article 5, TERM) shall be amended and restated in its entirety as follows: “The term of this Agreement shall be renewed on the new “Start Date” of May 1, 2012 (“Start Date”), and, unless earlier terminated pursuant to a valid provision of this Agreement, shall continue in effect for five (5) years from such date (the “Initial Term”). Following the Initial Term, the Agreement shall be deemed to be renewed for successive periods of one (1) year each (each, a “Renewal Term”), unless either party gives the other at least ninety (90) days’ written notice, prior to the expiration of the Initial Term or thencurrent Renewal Term, of the party’s intention to terminate the Agreement, in which case, the Agreement may be terminated by the notifying party effective upon the expiration of the Initial Term or then-current Renewal Term, as the case may be.” 2. Exhibit C (Financial Terms) of the Agreement shall be amended and restated in its entirety as attached hereto as Exhibit C and incorporated by this reference herein. 3. Unless otherwise specifically defined in this Amendment, all capitalized terms herein shall have the meanings ascribed to them in the Agreement. Except as specifically amended by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between any term of the Agreement and any term of this Amendment, the provisions of this Amendment shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Amendment by their duly authorized representatives on the respective dates written below. City of East Peoria: MedTrak Services, LLC: Signature: _____________________________ Signature: ________________________________ Printed Name: __________________________ Printed Name: _____________________________ Title: _________________________________ Title: ____________________________________ Date: _________________________________ Date: ____________________________________ 1 Exhibit C Financial Terms Retail Pharmacy Paid Claim Charge For each Covered Medication dispensed by a retail Participating Pharmacy to an Eligible Member, Client agrees to pay MedTrak the “Retail Pharmacy Paid Claim Charge”, which is the "Retail Pharmacy Service Fee", plus any applicable sales or excise tax or other handling or governmental charge (as determined by law), less any applicable Copayment or Deductible, as described in the Plan. The Retail Pharmacy Service Fee is: For Brand Drug Products, eighty-two and three quarter (82.75) percent of the AWP of the dispensed medication plus $1.00, or the U&C, whichever is less; or For Generic Drug Products, the MAC plus $1.25, or twenty-nine and one half (29.5) percent of the AWP of the dispensed medication plus $1.25, or the U&C, whichever is least; or For Compound Drugs, the U&C, not to exceed one-hundred and fifty (150) percent of the AWP of the submitted Drug Product. Retail Pharmacy Paid Claim Charge – 84 to 90-Day Supply For each 84- to 90-day supply of Covered Medication dispensed by a retail Participating Pharmacy to an Eligible Member, Client agrees to pay MedTrak the “Retail 90 Pharmacy Paid Claim Charge”, which is the "Retail 90 Pharmacy Service Fee", plus any applicable sales or excise tax or other handling or governmental charge (as determined by law), less any applicable Copayment or Deductible, as described in the Plan. The Retail 90 Pharmacy Service Fee is: For Brand Drug Products, seventy-nine and a half (79.5) percent of the AWP of the dispensed medication plus $0.25, or the U&C, whichever is less; or For Generic Drug Products, the MAC plus $0.25, or twenty-eight and three quarter (28.75) percent of the AWP of the dispensed medication plus $0.25, or the U&C, whichever is least; or For Compound Drugs, the U&C, not to exceed one-hundred and fifty (150) percent of the AWP of the submitted Drug Product. Best-In-Class Specialty Pharmacy Paid Claim Charge The “Best-In-Class Specialty” Participating Pharmacies designated by MedTrak and approved by Client are the exclusive providers of specialty Pharmacy Services. For each Covered Medication that is a Specialty Drug, as listed in Exhibit B, and dispensed by the Best-In-Class Specialty Participating Pharmacy listed in Exhibit B, Client agrees to pay MedTrak the “BestIn-Class Specialty Pharmacy Paid Claim Charge”, which is the “Best-In-Class Specialty Pharmacy Service Fee”, expressed as an AWP discount, plus any applicable sales or excise tax or other handling or governmental charge (as determined by law), less any applicable Copayment or Deductible, as described in the Plan. The Best-In-Class Specialty Pharmacy Service Fee is listed in Exhibit B. The Best-In-Class Specialty Pharmacy Service Fee includes the cost of certain “Ancillary Supplies”, including syringes, needles, and alcohol swabs. The Best-In-Class Specialty Pharmacy Service Fee does not include the cost of home infusion supplies, devices and in-home nursing services. MedTrak reserves the right to modify Exhibit B from time to time. Non-Best-In-Class Specialty Pharmacy Paid Claim Charge In the event that a Specialty Drug is dispensed from a pharmacy other than the Best-In-Class Specialty Participating Pharmacy listed in Exhibit B, Client agrees to pay MedTrak the “Non-Best-In-Class Specialty Pharmacy Paid Claim Charge”, which is the “Non-Best-In-Class Specialty Pharmacy Service Fee” plus any applicable sales or excise tax or other handling or governmental charges (as determined by law), less any applicable Copayment and/or Deductible, as described in the Plan. The Non-Best-In-Class Specialty Pharmacy Service Fee is: For Brand Drug Products, eighty-six percent of the AWP of the dispensed medication plus $2.50; or For Generic Drug Products, eighty-six percent of the AWP of the dispensed medication plus $2.50. 2 The Non-Best-In-Class Specialty Pharmacy Service Fee includes the cost of certain “Ancillary Supplies”, including syringes, needles, and alcohol swabs. The Non-Best-In-Class Specialty Pharmacy Service Fee does not include the cost of home infusion supplies, devices and in-home nursing services. The Non-Best-In-Class Specialty Pharmacy Paid Claim Charge does not apply to Limited Distribution Drugs. MedTrak will submit all Claims for Limited Distribution Drugs by Non-Best-In-Class Specialty Pharmacies to Client for authorization. Administration Charge For each Paid Claim, Client agrees to pay MedTrak $0.00. For each Non-Paid Claim, Client agrees to pay MedTrak $0.00. For each U&C Claim, Client agrees to pay MedTrak $0.00. For each Claim submitted manually by MedTrak (“Keyed Claim”), Client agrees to pay MedTrak an additional Administration Charge of $2.50. For access to the ScriptCHOICE Program, Client agrees to pay MedTrak an additional Administration Charge of $0.15 per Claim. For each Prior Authorization requiring Pharmacist involvement, Client agrees to pay MedTrak an additional Administration Charge of $5.00. For each Prior Authorization requiring a Pharmacist and Physician involvement, Client agrees to pay MedTrak an additional Administration Charge of $25.00. For each Vaccine Claim covered by Client and processed through a Participating Pharmacy contracted with MedTrak to administer Vaccines, Client agrees to pay an additional Vaccine Administration Charge of up to, but not more than, $25 per Claim. Miscellaneous Charges Appeal of Coverage Denial – When requested by the Client and approved by the Client, MedTrak will seek an outside opinion from an independent medical review company. MedTrak will ask the reviewer for an opinion regarding the medically appropriate use of the prescribed drug, and an evaluation of, and/or interpretation of, the language in the SPD regarding the use of the drug in question. This process will take between 3-7 business days to complete, and MedTrak will charge the Client $250 per appeal. Formulary Program Discounts Under certain conditions, MedTrak will pay Formulary Program discounts, in the form of Rebates, to Client pursuant to Section 2.3 of this Agreement and subject to Client’s participation in the Formulary Program and overall compliance with Section 2.3. Client agrees that Rebate payments are based upon Plan design over which MedTrak has no discretionary control or authority, and such Rebate payments are subject to change due to various factors, as described in this Agreement. Rebate payments are made six months after the end of the quarter in which Paid Claims were incurred. Rebates will be paid to Client as follows: In the first three (3) contract years of the Initial Term (i.e., from May 1, 2012 to April 30, 2015), the Rebates will be as follows: For each eligible Brand Drug Product, as described in Section 2.3.2, that is a Covered Medication dispensed through a retail pharmacy, MedTrak shall pay Client $8.00. For each eligible Brand Drug Product, as described in Section 2.3.2, that is a Covered Medication dispensed through a retail pharmacy in an 84- to 90-day supply, MedTrak shall pay Client $16.00. In the last two (2) contract years of the Initial Term (i.e., from May 1, 2015 to April 30, 2017), the Rebates will be as follows: For each eligible Brand Drug Product, as described in Section 2.3.2, that is a Covered Medication dispensed through a retail pharmacy, MedTrak shall pay Client $7.00. For each eligible Brand Drug Product, as described in Section 2.3.2, that is a Covered Medication dispensed through a retail pharmacy in an 84- to 90-day supply, MedTrak shall pay Client $14.00. 3 The parties’ signatures below indicate their respective agreement and acceptance to the Financial Terms described in this Exhibit C. Client Signature MedTrak Representative Signature ________________________________________ Client Name (Please Print) ________________________________________ MedTrak Representative Name _________________________________________ Date ________________________________________ Date 4 RESOLUTION NO. _1112-144_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _________________________________ RESOLUTION REGARDING PREFERRED PHYSICIAN AND HOSPITAL NETWORK FOR THE CITY’S GROUP HEALTH INSURANCE PLAN WHEREAS, the City of East Peoria maintains a self-insured group health care plan (“Plan”) for the benefit of its employees and retirees, and the City’s Insurance and Benefits Committee oversees the Plan; and WHEREAS, on behalf of the Plan, the City maintains an exclusive preferred provider network with a local area physician and hospital network for providing medical services and related services to persons covered under the Plan on a discounted cost basis; and WHEREAS, as part of the contract renewal process related to the Plan, the Insurance and Benefits Committee obtained proposals from the area physician and hospital networks for providing these medical services and related services to persons covered under the Plan as the exclusive preferred provider; and WHEREAS, after reviewing each of the proposals and conducting interviews with the prospective network administrators, the Insurance and Benefits Committee recommends continuing the City’s current relationship with Methodist Medical Center of Illinois and the Methodist First Choice network for providing these medical services; and WHEREAS, the Insurance and Benefits Committee further recommends that the City enter into a five-year contract with Methodist Medical Center of Illinois and Methodist First Choice, Inc., attached as “Exhibit 1”, as the exclusive preferred provider network for medical services and related services for persons covered under the City’s Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The City adopts the recommendation made by the Insurance and Benefits Committee, as set forth above, thereby approving the Physician Hospital Organization Agreement with Methodist Medical Center of Illinois and Methodist First Choice, Inc., attached as “Exhibit 1”, which will be effective from May 1, 2012, through April 30, 2017. Section 2. The Mayor, or his designee, is hereby authorized and directed to execute the Physician Hospital Organization Agreement with Methodist Medical Center of Illinois and Methodist First Choice, Inc., attached as “Exhibit 1”, together with such changes therein as the Mayor in his discretion may deem appropriate; provided, however that such agreement shall not be binding upon the City until an executed original thereof has been delivered to Methodist Medical Center of Illinois and Methodist First Choice, Inc. Furthermore, the City Administrator shall be authorized to execute any agreement or documentation that is ancillary to fulfilling the terms and intent of the attached Agreement with Methodist Medical Center of Illinois and Methodist First Choice, Inc. APPROVED: ATTEST: _____________________________________ City Clerk __________________________________ Mayor Exhibit 1 Methodist First Choice, Inc. 221 N.E. Glen Oak Avenue Peoria, Illinois 61636 Telephone Number: (309) 671-8358 PHYSICIAN HOSPITAL ORGANIZATION AGREEMENT st THIS AGREEMENT, ("Agreement") is entered into as of the 1 day of May, 2012 by and between Methodist First Choice, Inc., an Illinois corporation ("MFC") and City of East Peoria ("Organization"). WHEREAS, Organization has established a self-insured employee health benefit plan ("Benefit Plan"), which includes incentives for Members to use the services of MFC Participating Providers; and WHEREAS, Organization desires to designate MFC Network Providers with respect to Organization's Benefit Plan; Providers as a Participating NOW, THEREFORE, in consideration of the mutual covenants herein contained and other valuable considerations, MFC and Organization agree as follows: 1.1 "Benefit Plan" means the plan of employee health care benefits established and maintained by Organization that describes eligibility to participate, funding, covered services, benefits, and the terms and conditions on which benefits will be paid to or on behalf of eligible Members, and that provides financial incentives for Members to use the services of Participating Providers. Any plan providing for workers compensation benefits, automobile liability and disability plans shall not be considered to be a Benefit Plan hereunder. 1.3 "Clean Claim" means a bill submitted by Participating Provider which details Member and service information which is reasonably necessary to allow Organization to adjudicate the claim. 1.4 "Copayment, Coinsurance and Deductible" mean charges, as determined under a Member's Benefit Plan, for which the Member is financially responsible and which should be collected directly by a Participating Provider from a Member. 1.5 "Covered Hospital Services" means those health care services that Participating Provider is equipped, staffed, and licensed to provide and which Participating Provider usually and customarily furnishes to persons admitted as inpatients or outpatients of Participating Provider, or persons who present in the emergency room of Participating Provider. In addition, to the extent set forth in Attachment A, Hospital Services shall include home care services and hospice services provided through those companies listed in Attachment A or in the provider directory. 1.6 "Covered Services" means those health care services for which benefits are payable to or on behalf of Members under the terms of the Health Benefit Plan. 1.8 "Member" means any person who is eligible for benefits for Covered Services under the terms and conditions of the Benefit Plan. 1.9 "Participating Provider" means a health professional or entity or institutional health provider that has entered into a written agreement with MFC to provide certain health services to Members. 1.10 "Utilization Review" means the function performed by Organization or an entity designated by Organization, to review and determine whether health services provided, or to be provided, are Covered Services under the terms of the Benefit Plan. 2.1 Term. This Agreement shall become effective on May 1, 2012 and shall continue in effect for five (5) years thereafter through April 30, 2017. 2.2 Termination With Cause. Except as provided in Section 5.8 below, either Party may terminate this Agreement for cause upon the material breach of the Agreement by the other party, provided that the terminating party first gives the breaching party written notice of such termination specifically identifying the alleged material breach and the breaching party fails to cure or substantially cure the material breach within thirty (30) days of receiving said notice. 2.3 Rights Upon Termination. Upon termination of this Agreement, Participating Provider shall continue to provide Covered Services to Members then inpatients of Participating facility and entitled to services pursuant to the Benefit Plan until such Members are discharged or transferred consistent with sound medical practice. Organization shall pay Participating Provider in accordance with Attachment A of this Agreement for services rendered by Participating Provider to such Members for a maximum of thirty (30) days following the termination; thereafter, Organization shall pay Participating Provider's Billed Charges. Further, Organization and Participating Provider shall continue to fulfill their obligations under this Agreement with respect to (i) payments due to Participating Provider, (ii) records maintenance requirements and (iii) insurance requirements. 3.1 Authority and Contracting. MFC utilizes the "messenger model" for all healthcare contracting activities involving Participating Providers. The Participating Providers are identified to Organization as those Providers who have agreed to participate in this Agreement. MFC shall enter into agreements with appropriately qualified health care providers to deliver Covered Services to Members. 3.2 Credentialing and Quality Assurance. Participating Providers have met and shall, as a condition of continuing participation in the MFC network, continue to meet its credentialing standards. 3.3 Accreditation and Participation in MFC. Participating Providers have and shall, as a condition of continuing participation in the MFC network, continue to maintain all licenses and regulatory approvals needed to lawfully carry out its performance of this Agreement, including accreditation by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Evidence of licenses and/or accreditation will be provided to Organization upon request. 3.4 Notification ofMFC Change. MFC will exercise their best effort to notifY Organization upon the occurrence of the following events: (a) There is a change in the ownership ofMFC, (b) There is a change in MFC or Pmiicipating Provider's business address, (c) There are additions or deletions to MFC panel of providers; or (d) Any situation arises which could reasonably be expected to affect MFC or Participating Provider's ability to carry out their obligations under this Agreement. 3.5 Directory of Participating Providers. MFC shall make a Provider Directory available online and update regularly. MFC may provide copies of the Provider Directory to the Organization upon request. MFC represents that it has authority to include the names, addresses, office telephone numbers, descriptions of services rendered and other information regarding Participating Providers. 3.6 Status ofMFC. MFC is not engaged in the delivery or performance of health care services, and MFC has no authority to control or direct the manner or method by which a Participating Provider furnishes healthcare services to Members. MFC is not financially responsible or obligated to payor in any manner reimburse the Participating Provider. 3.7 Claim Audits. In those instances where an audit of a claim is requested, or where a claim is disputed by Organization, Organization shall be entitled to audit the books and records of Participating Provider for the claim involved. Such audit shall be conducted according to the audit policy of the Participating Provider. 4.1 Necessary Services. Participating Provider will provide Covered Services to Members. New services developed by Participating Hospitals during the term of this agreement are not subject to the discounts contained herein and will be negotiated individually. 4.2 Nondiscrimination. Participating Provider will accept Members as patients on the same basis and with equal priority as it accepts patients who are covered under other health plans. Participating Provider shall furnish Covered Services to Members, as prescribed by the Benefit Plan, in the same manner and with equal priority as Participating Provider's other patients, without regard to the Member's age, sex, race, religion, physical or mental condition, or source of payment. 4.3 Medical Records. Participating Provider will establish and maintain Member medical records in accordance with generally accepted standards. Subject to federal, state, and local law governing the use and disclosure of patient medical records and information, Participating Provider agrees to allow Organization or its designee reasonable access to Members' medical records and other medical information maintained by Participating Provider for inspection and duplication, at Organization's expense, to the extent reasonably necessary for Participating Provider to obtain payment for Covered Services pursuant to this Agreement. Organization shall indemnify, defend and hold harmless Participating Provider for any liability arising from Organization's misuse or improper disclosure of Members' medical records and medical information obtained from Participating Provider. 4.4 Insurance. Participating Provider will obtain and maintain, in full force and effect, professional medical liability insurance in the minimum amounts of $1,000,000 per occurrence and $3,000,000 in the aggregate. 5.1 Incentives. Organization represents and warrants that the Benefit Plan offers Members significant financial incentives (Le. a benefit differential of at least 20%) to utilize Participating Provider as a preferred provider. Organization shall actively inform Members that Participating Provider is a preferred provider under the Benefit Plan and of the advantages to selecting Participating Providers when Covered Services are needed. 5.2 Benefit Plan Changes. Organization agrees to notify MFC at least thirty (30) days in advance of any change to the Benefit Plan which affects Covered Services, copayment and/or deductible provisions, or any other change which might affect the scope of Covered Services and benefits therefor. 5.3 Identification Cards. Organization shall furnish Members with identification cards that clearly identify coverage by Organization and participation in the MFC network. 5.4 Eligibility Verification. Organization shall arrange that telephone or online benefit verification and precertification be available to Participating Provider during normal business hours to confirm Members' enrollment, eligibility and coverage of benefits. If Organization is unable to provide verification of coverage, the claim shall be paid at billed charges without application of any contractual discount. 5.5 Liability Insurance. Organization will maintain general liability insurance in an amount sufficient to protect Organization, its directors, officers and employees from any liability which may result directly or indirectly from the performance by Organization and its employees of the obligations of Organization under this Agreement. Upon request of Participating Provider, Organization shall provide evidence of such coverage. 5.6 Confidentiality of Rates. The compensation that is payable to Participating Provider pursuant to the terms of this Agreement will not be disclosed by Organization, except to the extent required by applicable law or as may be necessary to administer this Agreement. Organization understands that it is specifically prohibited from leasing or selling the Discounted Charges to, or otherwise allowing the Discounted Charges to be used by, any entity that is not a party to this Agreement. 5.7 Utilization Review. Participating Provider will cooperate with the Utilization Review Program of Organization during the term of this Agreement. However, if a Member is unable to produce an employer ID card or Organization is unable to provide verification of coverage, Participating Provider will not be subject to any reimbursement reduction that may result from the Organization Utilization Review requirements. Any denial of hospitalization shall occur prior or concurrent to admission. All appeals of a denial shall be reviewed and determination made no later than 30 days from date of appeal or denial is forfeited. 5.8 Exclusivity. During the term of this agreement, Organization agrees that it will not enter into a Provider Agreement with another hospital or ambulatory surgery center not affiliated with Methodist Medical Center in Peoria County without the express written consent ofMFC. This will include but not be limited to Peoria Day Surgery Center, Great Plains Orthopaedics, Soderstrom Skin Institute and OSF Center for Health. If MFC determine that an agreement has been entered into with another hospital or ambulatory surgery center, the rates contained on Attachment A will immediately cease to apply to reimbursements. For claim purposes, MFC will notify Organization of the effective date of rate termination. 6.1 Billing. MFC shall require Participating Providers to submit claims to the Organization, on a CMS Form UB04 or 1500, or electronic transmission, as applicable. 6.2 Compensation. Participating Provider shall be compensated by Organization at the Discounted Charges (net of any applicable deductible, coinsurance or copayment to be paid by the Member) set forth in Attachment A when the Organization is primary, for all Covered Services billed as provided for in Section 6.1. 6.3 Payment. Organization shall pay the Discounted Charges (net of any applicable Copayment, Coinsurance and Deductible to be paid by the Member) for all Covered Services rendered to Members within thirty (30) days following receipt of a Clean Claim. Each payment shall be accompanied by an explanation of benefits (EOB) showing the Organization name, Billed Charges, the applicable Discounted Charges, and any Copayment, Coinsurance and Deductible amounts owed by the Member. All Clean Claims that are not paid within thirty (30) days of submission to Organization shall be paid at Billed Charges without application of any contractual discount. 6.4 Emergency Services. Participating Provider shall be paid in full pursuant to this Agreement for emergency medical screenings and related treatment mandated by the Emergency Medical Treatment and Active Labor Act (EMTALA) to determine the absence or presence of an emergency medical condition and the care required for stabilization of the emergency medical condition. Participating Provider shall not be required to obtain preauthorization for any such services performed pursuant to EMT ALA. After stabilization or determination of the absence of an emergency medical condition, Participating Provider will contact Organization to seek authorization for additional care. If Organization does not return the call within 30 minutes, Participating Provider is deemed to have been authorized to provide additional care required to treat the Member. Notwithstanding any other provision in this Agreement, Organization shall not deny payment for services provided by Participating Provider to Members in accordance with EMT ALA. 6.5 Coordination of Benefits. Upon request, Participating Provider will give assistance to Organization for purposes of coordinating benefits with primary carriers. If Organization is the secondary carrier, Organization shall pay Participating Provider for Covered Services that were not paid by the primary carrier. Payment by Organization to Participating Provider will not exceed 100% of the Billed Charges. 6.6 Non-Covered Services. Subject to the exceptions provided for in Section 6.2, Participating Provider agrees to accept the Discounted Charges as full compensation for Covered Services provided hereunder. Participating Provider shall only bill and collect from Members for Covered Services the applicable deductibles, coinsurance and/or copayments under the Benefit Plan. Participating Provider may seek payment from the Member, or persons acting on his or her behalf, in the amount of Participating Provider's Billed Charges, in the event that Organization fails to make payment for Covered Services pursuant to Section 6.2. Pmticipating Provider may bill Participating Provider's Billed Charges for Services that are determined to be Non-Covered Services. 6.7 Underpayments and Overpayments. Participating Provider agrees to refund to Organization and/or Member any amounts overpaid or paid in error, and Organization agrees to promptly pay any underpayments to Participating Provider. Organization shall notify Pmticipating Provider of any alleged overpayment, and shall not offset any such amounts against amounts owed to Participating Provider unless agreed by Participating Provider. No request for refund of overpayment will be accepted if the Payor does not notify MMCI of the overpayment within three hundred sixty-five (365) days of the date of the initial payment. 6.8 Claims Administration. Organization shall administer Benefit Plan claims in accordance with U.S Depmtment of Labor regulations governing claims procedures for group health plans, to the extent applicable to the Benefit Plan. If a Third Party Administrator (TPA) is used for claims administration, the TPA shall be licensed by the State of Illinois as a TPA and will produce a copy of the license upon request ofMFC. Company agrees to allow a copy ofthis signed Agreement to be sent the designated TPA for loading of rates and correct claims processing. If a dispute develops, the parties will attempt to resolve the dispute. If the dispute cannot be settled by the mutual cooperation ofthe parties, either party may, with thirty (30) day prior written notice to the other party of its intent, refer the dispute to an independent arbitration organization. Except as provided herein, any dispute, controversy, or claim arising out of this Agreement including, but not limited to the payment or non-payment of a claim, the eligibility of a Member, the determination of Covered Hospital Services, or the determination of medically necessary procedures, shall be settled by arbitration in accordance with this Section. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The place of arbitration shall be Peoria, Illinois. The arbitrators shall decide legal issues pertaining to the dispute, controversy, or claim pursuant to the laws of the State of Illinois. Subject to the control of the arbitrators, or as the parties may otherwise mutually agree, the parties shall have the right to conduct reasonable discovery pursuant to the State of Illinois Rules of Civil Procedure. The parties agree that this Agreement involves interstate commerce and is therefore enforceable pursuant to Title 9, United States Code. The arbitrators shall have no authority to award any punitive or exemplary damages, to vary or to ignore the terms of this Agreement. 8.1 Entire Agreement. This Agreement together with all Attachments which are attached hereto and made a part hereof, constitute the entire understanding of the parties to this Agreement, and supersede all prior proposals, representations, communications, negotiations, and agreements between the parties whether oral or written. 8.2 Governing Law. This Agreement shall be governed by, interpreted in accordance with, and the rights of the Parties shall be determined by the laws of the State of Illinois, without regard to its conflict of law principles. 8.3 Venue. The Parties have executed and delivered this Agreement in Peoria, Illinois, and stipulate that if either Party files litigation to construe, interpret, or enforce this Agreement, Peoria County, Illinois is the proper and appropriate venue for such litigation. 8.4 Counterparts. This Agreement may be executed in counterparts, and each executed counterpati will be deemed to be an original version ofthis Agreement. 8.5 Attorney's Fees and Expenses. If any arbitration or any other judicial proceeding is necessary to enforce or interpret the terms of this Agreement, each party shall be responsible for its own costs and expenses, including but not limited to attorney's fees. Each party shall be responsible for an equal share of the mediators', arbitrators', and/or administrative fees of mediation and/or arbitration associated with such an action. 8.6 Waiver of Breach. The failure of Organization or MFC to object to or to take affirmative action with respect to any conduct of the other which is a breach of this Agreement shall not be construed as a waiver of that breach or of any prior or future breaches of this Agreement. 8.7 Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 8.8 Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their successor and permitted assignees. 8.9 Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 8.10 Independent Contractors. Each party to this Agreement is acting independently of the other party, and none of the provisions of this Agreement may be construed as indicating that either party is acting as the agent or employee of the other party. 8.11 No Third Party Beneficiaries. The parties to this Agreement are MFC and Organization. No other person may claim or assert any rights under or by virtue of this Agreement. This Agreement is not intended to, and does not, create any rights in any person, including a Member, who is not a signatory to this Agreement. 8.12 Use of Name. Neither Organization nor MFC may use the other party's name, trademark, service mark, or symbol without prior written consent of the other party. 8.13 Assignment. This Agreement or any of its provisions shall not be assigned, delegated, or transferred by either party without the prior written consent of the other, provided that MFC may assign, delegate, or transfer this Agreement upon notice to another corporation or entity affiliated with MFC if (i) said corporation has the requisite power and authority to perform the obligations of MFC set forth herein, and (ii) such assignment, delegation, or transfer will not materially affect services to Members. 8.14 Amendment. No amendment to this Agreement shall be valid unless it is in writing and signed by the parties. 8.15 Authority. Each party signing this Agreement represents that that party has properly authorized such execution. The execution and performance of this Agreement by each party has been authorized in compliance with all applicable laws and regulations, and this Agreement constitutes the valid and enforceable obligation of the pmiies. 8. I 6 Notices. Any notices or other communications required Agreement shall be in writing and delivered in anyone of be deemed to have been received (a) on the date delivered next following business day after being sent if sent professional overnight courier, or (c) three (3) business under the provisions of this the following ways, and shall if delivered by hand, (b) the by a nationally recognized days after mailing, postage prepaid, by certified mail, return receipt requested, to the party entitled to notice at the addresses set forth on the signature page, or such other addresses as may be directed by notice given hereafter. 8.17 Quarterly Reports. Organization agrees to provide quarterly reports to MFC which identify specific utilization data by services, including but not limited to, the number of Members, hospital admissions and provider visits and other reports mutually agreed to by the parties. 8.18 Unforeseen Circumstances. In the event Participating Provider does not have proper facilities to treat Members or in the event of circumstances beyond its reasonable control such as major disaster, epidemic, war, complete or partial destruction of facilities, disability of a significant number of personnel, or significant labor disputes, Paliicipating Provider shall provide Covered Services to Members to the extent possible according to its best judgment or limitations of such facilities and personnel as are then available, but neither Participating Provider or any of its agents, directors or officers shall have any liability or obligation for delay or failure to provide or arrange for such services. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as written below. METHODIST FIRST CHOICE, 221 N. E. Glen Oak Ave Peoria, IL 61636 REVl EWE D FOR LEGAL SUFFICIENCY MHSC CO~~:~:A:~E INe. CITY OF EAST PEORA 100 S. Main Street East Peoria, IL 61611 City of East Peoria Exclusive Methodist EFFECTIVE First Choice Rate Schedule DATE: CONTRACT Inpatient Rates May 1, 2012 TERM: 5 years (except case rates as set forth below) DRG Base Rate Basic Payment = DRG Base Rate X Relative Weight Factor Year 1 Years 2 through $6,000 See Attachment B 5 Relative Weight Factor = The Relative weight as determined by the Center for Medicare and Medicaid Services (CMS) and published in the Federal Register, updated yearly. ~'Outlier: For Inpatient services, if the Facility's regular billing rates for a Facility Stay are equal to or greater than 3 times the calculated DRG rate (Outlier Threshold), the payor will payor aITange to pay Facility the calculated DRG rate and charges exceeding the tiu'eshold discounted by 50%. Bone Marrow Transplant DRG 016 & 017 $82,000 per case+ The BMT case rate is fr0111admission to discharge and does not include physician fees. The outpatient Pheresis line placement and Harvesting will be subject to the 50% outpatient discOlmt. + If charges for any inpatient bone maITOWtransplant admission exceed $140,000, then tile payor will pay facility tile Case rate and charges exceeding tile stop loss amolmt discOlmted by 50%. Outpatient services will be discounted by 50% off billed charges, (except those listed as excluded) Outpatient psychiatric Partial Hospitalization discount: psychiatric Per Diem: Year 1 $469 Years 2 through 5 See Attachment B Methodist First Choice Physician Network Reimbursement will be based on the following: 130% of 2009 RBRVS for Pdmary Care Physicians 150% of 2009 RBRVS for Specialty Care Physicians 20% discountfor any code in which there is not an RBRVS fee available Note: The majority of the First Choice providers will be based on the above Rates, however, there will be some provider t'eimbursement based on various methods, including a discount off billed chatoges. See the Methodist First Choice Provider Directmy online for a listing of participating providers at WI,j/W. mymethodist. net Reimbursement will be the lesser of the fee schedule as outlined in the agreement or the prOVider's billed charges. Varied Fee Schedules will be provided to the Payor to be reimbursed according to the provider's agreement with Methodist First Choice, Inc. Hospital Based Physicians MDR values are based on the cun'ent year's release. ***These medical groups are independent physician providers not employed by Methodist Medical Center. Group Name Fee Schedule ***Emergency Physician Services ***Radiology Physician Services ***Peoria Tazewell Pathology Group Anesthesiologists Methodist Medical Group Hospitalists 20% discount off billed charges 60th percentile ofMDR 25% discount off billed charges 25% discOlmtoff billed charges 150% of2009 RBRVS EXCLUSIONS TO CONTRACT DISCOUNTS These services are not subject to any previously stated in or outpatient discounts. Clinics and Services Pain Clinic _ DiscOlmtedrates listed above include MMCI based ambulatOlYoutpatient surgelYonly. Any other freestanding ambulatory smgical center not afIiliated with Methodist Medical Center in Peoria, Tazewell and Woodford cOlmtieswithout consent of Methodist First Choice are considered out of network or non-PPO. TIus will include but not linlited to Peoria Day SurgelY, Great Plains Orthopaedics, Soderstrom Skin Institute and OSF Center for Health. - New services developed by Methodist/First Choice during the tenll of the contract are not subject to the above discolmts. Rates for new services will be negotiated separately. - Inpatient and outpatient Hospital services are subject to periodic increases. Abraham Lincoln Memorial Hospital Lincoln, Illinois Advocate BroMenn Medical Center BroMenn Provider Network Bloomington/Normal, 20% discount 10% discount Illinois DecatUl' Memorial Decatur, Illinois Advocate Eureka Hospital Eureka, Illinois Galesburg Cottage Hospital Knoxcare Alliance Physicians 20% discount 20% discount Galesburg, Illinois Graham Hospital Coleman Clinic Physicians 20% discount 150%/175% 0[2009 RBRVS Canton, Illinois Memorial Medical Center Springfield, Illinois Hopedale Medical Foundation Hopedale Health Network Hopedale, Illinois Pekin Hospital Pekin, Illinois St. Vincent Memorial Hospital Taylorville, Illinois 20% discount 20% discount ATTACHMENT A Children's Memorial Hospital 30% discount Chiidren'sMemorial Faculty Practice Plan Physic 20% discount Chicago, Illinois Other hospitals that may participate in this agreement at the discount rates listed below. Hammond-Henry Hospital, Geneseo, IL 10% discount 36-6008003 Mason District Hospital, Havana, IL 10% discount 37-6017857 Mayo Clinic, Rochester, MN Mercer County Hospital, Aledo, IL 5% discount 10% discount 41-6011702 36-6007544 Perry Memorial Hospital, Princeton, IL 10% discount 36-6006057 Skilled Nursing Psychiatric Nmsing Social Work Home Health Aid Physical Therapy Occupational Therapy Speech Therapy -Available 24 homs a day, 7 days a week, including a second shift staff. -Price includes travel time portal to portal, direct patient contact time and doclU11entation time. -Any pOliion of time over a two-hour minimlU11, but less than four hours, will be charged as two visits. -Non-routine supplies subject to a 15% discount off charges. -Serving clients in Peoria, Woodford, Tazewell, Fulton, Knox, Stark, Putnam, Mason, & Marshall cOlmties. -Occupational Therapy includes the services of an OT and OTA supervised by the OT. -Physical Therapy includes the services ofa PT and a PTA supervised by the PI. Routine Care rate includes all of the fol101ving diciplines: Registered Nurse Social Worker Pastoral Care Home Care Aide Home Medical Equipment Oral Medications specific to pain control Other Hospice services available at the 15% discount: Continuous Care Respite Care General Inpatient Care Methodist Medical Center of Illinois Genera/Information 221 NE Glen Oak Ave Peoria, IL 61636 (309) 672-4848 MMCI Business Office 7181 Reliable Pkwy. Chicago, IL 60686 Methodist Medical Center oflllinois, Home Health 120 NE Glen Oak Ave Ste 200 Peoria, IL 61603 309-671-8247 Fax (309) 671-2743 MMCI Home Health 6220 Reliable Parkway Chicago, IL 60686 Methodist Medical Center oflllinois, Hospice Services 120 NE Glen Oak Ave Ste 200 Peoria, IL 61603 309-672-5746 Fax: (309) 671-2168 MMCI Hospice 6210 Reliable Parkway Chicago, IL 60686 HOSPITAL will receive an annual rate adjustment of 2% per measure below, for a total increase of 4% maximum, to the DRG Base Rates and Per Diems if HOSPITAL meets the following measures. • Hospital's Inpatient and Outpatient Satisfaction Scores, for all payer data, combined average is above the 85th percentile for Press Ganey u.s. Hospitals, using the most recent 12 month average, a 2% increase will be given to the Hospital. • Hospital's Mortality Index is less than or equal to .95 based upon the most recent 12 month average as reported by Hospital using Premier, Inc. benchmark data (based upon all payer data) a 2% increase will be given to the Hospital. TERM: Organization has the option of using the Initiative during any, some, or all of the Agreement's Terms. MFC may tenninate the Initiative, should Organization breach any tenns related thereto. MFC's Health and Wellness Improvement Initiative (the "Initiative") is a voluntary program. Organization is not required to participate in the Initiative. If Organization participates in the Initiative, MFC shall reimburse Organization up to $75 per covered employee per year for qualified health and wellness initiatives, up to a total of $30,000, submitted to MFC for reimbursement pursuant to this Addendum. • Employee HealthlWellness Screenings performed by the Methodist Wellmobile, Optimum Health Solutions, or any other preventative screening provider approved by MFC in writing prior to the screening. • ExerciselFitness Programs through a membership at the Methodist Wellness Center, participation in Methodist Wellness Center Group Fitness Classes or a membership at Eastside Center. • Smoking Cessation through an established program by the American Lung Association, the Peoria City/County Health Department, or other programs as approved by MFC in writing prior to commencing the program; nicotine replacement therapy (such as gum, lozenges, patches, or inhalers); or prescription medication. • Diet and Nutrition through participation in an established program by Methodist Medical Center, Weight Watchers, Nutrisystem, Jenny Craig, Seattle Sutton, or other weight loss programs approved by MFC in writing prior to commencing the program; obesity/weight loss consultation and treatment or nutritional consultation at the Methodist Center for Integrative Medicine; or Nutritional Products from Methodist Healthy Solutions. MFC shall only reimburse Organization for qualified health and wellness initiatives accompanied by acceptable documentation thereof. If Organization desires reimbursement, it shall submit a request for reimbursement bi-annually of each term year. The request for reimbursement shall list the total amount of reimbursement sought, the name of each covered employee for which reimbursement is sought, and the amount of reimbursement sought for each covered employee. The request for reimbursement shall attach proof of payment for each initiative. Acceptable proof of payment shall consist of a receipt or similar documentation from the third party vendor, number of covered employees served, description of the services provided, and dollar amount charged for the services provided. Any misrepresentations contained in a request for reimbursement shall constitute a material breach of the Agreement and be grounds for MFC's termination of the Initiative for the remainder of the Agreement's Term, pursuant to Section 2.3 of the Agreement. 16 ORDINANCE NO. 4033 AN ORDINANCE AMENDING THE SIGN CODE FOUND AT TITLE 4, CHAPTER 7 OF THE EAST PEORIA CITY CODE FOR THE PURPOSE OF AUTHORIZING CERTAIN SPECIAL OFF-PREMISES SIGNS WHEREAS, the City has entered into an agreement for the development of a Target store and additional retail facilities in the New EP Downtown Project Area located in the West Washington Street TIF District; and WHEREAS, the City has also entered into an agreement for the development of a Costco store in the New EP Downtown Project Area located in the West Washington Street TIF District; and WHEREAS, three separate off-premises signs (the “Special Off-Premises Signs”) are necessary to promote retail development in the New EP Downtown Project Area including the Target and Costco stores; and WHEREAS, placement of the Special Off-Premises Signs at the hereinafter indicated locations in accordance with the hereinafter established specifications will not adversely affect property or businesses adjacent to the Special Off-Premises Signs and will not otherwise adversely affect the general public; and WHEREAS, placement of the Special Off-Premises Signs at the desired locations will require amendment of the Sign Code in the manner hereafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. Title 4, Chapter 7, Section 7 of the East Peoria City Code is hereby amended by the addition thereto of a new subsection (g) which shall read as follows: (g) Permitted Special Off-Premises Signs. Any other provisions of the City Code to the contrary notwithstanding, special offpremises signs may be placed at the following locations and constructed in accordance with the following specifications: (1) One sign may be placed on property located to the southwest of Camp Street between the Camp Street right-of-way and the Farm Creek channel and located to the southeast of Clock Tower Drive right-of way within a distance of and not more than one hundred (100) feet from the Clock Tower Drive right-of way (being the intersection of Clock Tower Drive and Camp Street); (2) One sign may be placed on property located to the southwest of Camp Street between the Camp Street right-of-way and the Farm Creek channel and located to the southeast of Altorfer Drive right-of way within a distance of and not more than one hundred (100) feet from the Altorfer Drive right-of way (being the intersection of Altorfer Drive and Camp Street); and (3) One sign may be placed on property located to the southwest of the Interstate 74 right-of-way along the northwest side of Altorfer Drive within a distance of and not more than one hundred ten (110) feet from the Interstate 74 right-of way. (4) The special off-premises signs authorized by this subsection (g) shall be subject to the following specifications and restrictions: a. The area of each such sign shall not exceed four hundred (400) square feet. b. The height of each such sign shall not exceed seventy (70) feet. c. Such signs may be double-faced. d. Such signs shall advertise only retailers operating within the Target Area Business District designated by Ordinance No. 4022 and/or the Costco Area Business District designated by Ordinance No. 4024. e. The design of each such sign must be approved by the City’s Design Review Committee. Section 2. This Ordinance is hereby ordered to be published in pamphlet form by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies hereof available for public inspection in the future and in accordance with the Illinois Municipal Code. Section 3. This Ordinance is in addition to all other ordinances on the subject and shall be construed therewith excepting as to that part in direct conflict with any other ordinance, and in the event of such conflict, the provisions hereof shall govern. 2 Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law. PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS DAY OF _________________, 2012. APPROVED: ________________________________ Mayor ATTEST: ________________________________ City Clerk EXAMINED AND APPROVED: ________________________________ Corporation Counsel 3 RESOLUTION NO. _1112-146_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _______________________________ WHEREAS, the City Clerk is from time to time temporarily absent from City Hall and, therefore, unable to perform the duties assigned to the City Clerk; and WHEREAS, in order to allow performance of the duties assigned to the City Clerk when the City Clerk is absent, it is in the best interests of the City to appoint two employees of the City to serve as Deputy Clerks; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT J. Thomas Brimberry and Jill Peterson are hereby appointed as Deputy City Clerks with authority to fulfill the duties and responsibilities of the City Clerk when the City Clerk is absent. APPROVED: ________________________________ Mayor ATTEST: __________________________________ City Clerk Resolution No. 1112-134 RESOLUTION NO. _1112-134_ East Peoria, Illinois ________________, 2012 RESOLUTION BY COMMISSIONER WHEREAS, the City and the Fondulac Park District have each agreed to contribute $500,000 toward the cost of roadway improvements to Fondulac Drive (the “Project”); and WHEREAS, the following contractors have agreed to perform the hereinafter described work in connection with the Project at the indicated cost: Contractor Description of Work Contract Amount P.A. Atherton ICCI Hoerr Construction Erosion stabilization $108,500.00 Curb to eliminate ponding water 73,920.00 Slip lining of drainage pipes 164,970.00 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his designee is hereby authorized and directed to enter into contracts in such form as the Mayor in his discretion may approve with the aforementioned contractors to perform the described work at the indicated cost; provided, however, that the City shall have no obligation under the terms of this resolution until executed originals of such contracts have been delivered to the respective contractors. APPROVED: _________________________________ Mayor ATTEST: _______________________________ City Clerk Resolution No. 1112-135 RESOLUTION NO. _1112-135_ East Peoria, Illinois , 2012 RESOLUTION BY COMMISSIONER _______________________________ RESOLUTION ACCEPTING LOW BID FOR TRAFFIC SIGNALS IN NEW EP DOWNTOWN WHEREAS, the City has undertaken a project known as the New EP Downtown Development Project on the former Caterpillar site located in the City’s amended and expanded West Washington Street TIF District; and WHEREAS, the City has entered into a Purchase Agreement with Costco Wholesale Corporation (“Costco”) for the sale of Lot 6 of the Technology Park Subdivision in the EP Downtown Development Project Area to Costco upon which Costco will construct and operate a Costco wholesale and retail general merchandise facility with related amenities; and WHEREAS, based upon to the agreement with Costco, the City has re-designed the traffic entrance into the Costco Site off of West Washington Street (the re-aligned West Washington Street from the Technology Boulevard construction project) to accommodate traffic flow into the Costco Site; and WHEREAS, the re-designed traffic entrance into the Costco Site will be a new intersection between the newly re-aligned West Washington Street and the Altorfer Drive Extension, which will require traffic signals and related electrical work (the “Traffic Signal Project”); and WHEREAS, in an effort to prepare the roadway infrastructure for providing access to the Costco Site, the City has sought bids for the construction of the Traffic Signal Project; and WHEREAS, the City desires to accept the lowest responsible bid and award the contract for the Traffic Signal Project to Laser Electric (the “Contractor”); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT: Section 1. The above recitations are found to be true and correct. Section 2. Laser Electric is awarded the contract for the Traffic Signal Project for the Costco development project. Section 3. The Mayor and City Clerk are authorized and directed to execute an Agreement for the Traffic Signal Project with the Contractor (Exhibit A) on behalf of the City, together with such changes therein as the Mayor in his discretion deems appropriate, at a total cost not to exceed $291,071.10 for the Agreement; provided, however, that the City shall have no obligation under the Agreement with the Contractor until such time as an executed original of such documentation has been delivered to the Contractor. APPROVED: _________________________________ Mayor ATTEST: __________________________________ City Clerk 2 Resolution No. 1112-140 Resolution No. 1112-140 Resolution No. 1112-140 Resolution No. 1112-140 RESOLUTION NO. _1112-140_ East Peoria, Illinois ________________, 2012 RESOLUTION BY COMMISSIONER WHEREAS, the Department of Public Works has heretofore solicited proposals for various components of the 2012 Street Maintenance Program (the “Project”); and WHEREAS, the following contractors have agreed to perform the hereinafter described work in connection with the Project at the indicated cost: Contractor P.A. Atherton R.A. Cullinan & Son, Inc. American Asphalt Recycling, Inc. Ace in the Hole, Inc. Description of Work Drainage Sealcoating Heat Scarification Spray Patching Contract Amount 66,338.00 391,849.32 267,245.50 63,560.00 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his designee is hereby authorized and directed to enter into contracts in such form as the Mayor in his discretion may approve with the aforementioned contractors to perform the described work at the indicated cost; provided, however, that the City shall have no obligation under the terms of this resolution until executed originals of such contracts have been delivered to the respective contractors. APPROVED: _________________________________ Mayor ATTEST: _______________________________ City Clerk Resolution No. 1112-145 MEMORANDUM TO: Mayor David W. Mingus and Members of the City Council THRU: Tom Brimberry, City Administrator FROM: City Attorney’s Office SUBJECT: Purchase of Equipment and Services for Telecommunications Upgrade DISCUSSION: The Police Department has received proposals from various vendors to provide the City with all necessary equipment and installation services necessary to complete the first step of upgrading the Telecommunications Center at the cost of $352,655. Funds from the Technology Grant will be applied to this project in the amount of $235,440. This leaves a balance needed from gaming of $117,215. The Police Department negotiated with various suppliers of the necessary equipment and services to secure the lowest available price. This expenditure is included in the current budget. This first step of the Telecommunications Center Upgrade is $12,785 under budget. RECOMMENDATION: Approve RESOLUTION NO. _1112-145_ East Peoria, Illinois ________________, 2012 RESOLUTION BY COMMISSIONER WHEREAS, the Police Department proposes to upgrade the telecommunications center (the “Project”); and WHEREAS, the following contractors have agreed to provide the hereinafter described equipment in connection with the Project at the indicated cost: Contractor Description of Equipment Ragan Communications, Inc. Console Equipment and 911 Phone System including shipping R.K. Dixon Upgraded copy machine with scanning capability Emergency System Board Telephone Six Monitors Contract Amount 333,445.00 15,499.00 3,711.00 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the City Administrator or his designee is hereby authorized and directed to enter into contracts in such form as the Mayor in his discretion may approve with the aforementioned contractors to perform the described work and provide the described equipment at the indicated cost; provided, however, that the City shall have no obligation under the terms of this resolution until executed originals of such contracts have been delivered to the respective contractors. APPROVED: ________________________________ Mayor ATTEST: _______________________________ City Clerk Ragan Communications Inc. Invoice Phone: 309-745-9386 Fax: 309-745-3215 2 Ragan Court Washington, IL 61571 Number: 5864 Date: 3/12/2012 Source: Bill-To EAST PEORIA POLICE DEPARTMENT 201 E WASHINGTON ST EAST PEORIA, IL 61611 U.S.A. Acct. No. NR Cust. No. Acct. ID 713 EAS107 EAS107 Customer so No. 6456 Ship-To EAST PEORIA POLICE DEPARTMENT 201 E WASHINGTON ST EAST PEORIA, IL 61611 U.S.A. PO Reference Sales Reo Shin Via Terms RAGAN COMMUNICATIONS Net 30 EQUIPMENT INVOICED PER FINAL QUOTES DATED 3/02/2012 LABELED "3 POSITION INTEGRA TOR RD (RADIO) AND ''EP PSAP 3 POSITION INTEGRA TOR 911 PHONES" INVOICE IS LESS FREIGHT. FREIGHT WILL BE INVOICED AT ACTUAL. DOES NOT INCLUDE FURNITURE Qty. Item ID Description 1.00 ZETRON INTEGRATOR MISCELLANEOUS UOM PER ATTACHED 1.00 MISCELLANEOUS INTEGRATOR ATTACHED CONSOLE EQUIPMENT Ea. Price Total EA $182,025.00 $182,025.00 EA $149,720.00 $149,720.00 QUOTE 911 PHONE SYSTEM PER QUOTE Item Total: Total Amount Due: $331,745.00 $331,745.00 (* denotes repair item) invoice.rpt Printed: 3/12/2012 5:1l:25PM Page 1 (zETRONl SERIES 4000 COMMUNICATIONS US QUOTE I ORDER FORM PO# I QUOTE# FINAL PROPOSAL Date: 3/02/2012 CITY OF EAST PEORIA 201 W WASHINGTON STREET EAST PEORIA, IL 61611 SHAWNA MANGOLD (309) 698-4700 Company: Address: EndUserlSite: EP PSAP Sys ID: INTEGRATOR RD Cust. #: Quote Expires: Terms: To be determined Ship Quote*: 8 Weeks ARO Ship Via: UPS-FOB Oriqin Cust Ref: 13 POSITJON INTEGRATOR RD (RADIO) Salesperson: RAGAN COMMUNICATIONS - NEAL RAGAN Contact: Phone: Fax: Email: shawnamangold@cityofeastpeoria.com This quote Summa~: CONTROL SYSTEMS IS valid for 120 days from quote date. ~ ~ DESCRIPTION RACKMOUNT OPERATOR POSITION COMPONENTS (CONVENTIONAL BUTTON/LED) 901-9233 802-0092 709-7270 Model 27 Monitor Speaker Panel Power Supply (M4118 or M27) Power Supply Adapter Cable (M27) PC-BASED OPERATOR POSITIONS AND COMPONENTS IntegratorRD 905-0178 v4 with M4217 Audio Panel IntegratorRD Radio Dispatch Workstation Version 4 Includes PC with Windows IntegratorRD software, M4217B Audio Panel, Radio Dispatch Programming (ROPS) software, power supply, three-button mouse, installation manual, and Software COROM & License. Monitor not included. INSTANT RECALL RECORDER 905-0247 IntegratorlRR Package (license required 930-0048 below) Includes IntegratorlRR included. 950-0833 COROM and radio/telephone interface. Speakers not Game Port to USB adapter for Contact Closure OPERATOR POSITION SOFTWARE OPTIONS 930-0026 IntegratorRD Extended Paging Package OPERATOR ACCESSORIES 950-9459 950-9439 709-7350 950-9102 905-0325 Gooseneck Microphone (for M4118, 4217B) Telephone/Radio Headset Interface (TRHI)(for all models) Dual TRHI Connector Footswitch S4000 Monitor AlB Speaker Kit FOR ADDITIONAL ACCESSORIES SEE COMPANION PRODUCTS SECTION COMMON CONTROL EQUIPMENT 905-0156 M4048 Redundant System Bundle One each of: Console Interface Card Cage, and Channel Two each of: Power Supply, and System Interface Card Cage Traffic Card RADIO CHANNEL CARDS 950-9820 Dual Channel Tone/Local T/R Control Card NOTE: If in doubt, order PIN 709-7452, S4000 Channel RS-232 sending any of the above cards to older systems. RADIO CHANNEL CARDS-lntegratorRD 950-9867 950-9868 Operations Cable when Only M/A-COM (GE/Ericsson) Wireless Dual Channel T/R Card (Orion, 500M Jaguar, M7100 mobiles) M/A-COM (GE/Ericsson) Wireless Interface Module (Orion, 500M Jaguar, M7100 mobiles) CONTROL AND ADAPTER CARDS 950-0293 950-9695 905-0229 Auxiliary Input/Output Interface Card Console Interface Card (M4020/4048 only) (1 Per Position) Model 4020/4048 8 Patch Card 001-0055_AT 4/09 All trademarks are properties of their respective owners. Please refer to the Price Book for Zetron's Terms and Conditions Page 1 of 2 COMMON CONTROLLER 930-0052 OPTIONS Channel Check -- Instant Recall Recorder Software Option Note: 1per Dual Channel Universal or Tone/Local Control Card. This option requires PIN 950-9951, S4000 Dual Channel Memory Option. 950-9951 S4000 Dual Channel Memory Option (needed for TX voice delay and MDC/GSTAR squelch) Note: 1per Dual Channel Universal or Tone/Local Control Card 950-0078 M4048 Radio System Management Program INSTALLATION 709-0004 950-9351 950-9199 COMPONENTS o 25-Pair Cables, RJ-21, M-F, 10ft [Baseline Product] Connectorized Punchdown Block [Baseline Product] Connectorized Punchdown Block (Protected) [Baseline Product] ~ 20 2 UPGRADES Console Firmware Upgrades 950-0511 M4217/M4219 Firmware Control and Adapter Card Firmware Upgrades 950-0186 Dual Channel Universal & Tone/Local Firmware 950-0189 Auxiliary I/O Card Firmware COMPANION PRODUCTS [all are Baseline Products] COMPUTER PC CARDS 802-5304 2-Port (DUAL DVI or VGA) PCI Express Video Card, 128 MB COMPUTER KEYBOARDS & POINTER DEVICES 950-9447 Three-Button Trackball 950-0197 Compact PC Keyboard w/ Mini PS/2 DIN Connector COMPUTER AUDIO DEVICES 802-5006 IRR Multi-media Desktop PC Speakers RACKS & CABINETS The Model 4020 and M4048 require a rack or cabinet for mounting. 950-0083 19" W x 77" (44U) H x 23" D Rack MISCELLANEOUS 19" TOUCH SCREEN MONITOR BLACK (ETSB) CAT5 CABLE, CONNECTORS, LABELS, ETC MISC LABOR TO INSTALL ABOVE LABOR IimIilI3 S4000 Products Baseline & Misc. Products Total 4000 Products $ Total Baseline & Misc. Prod. $ 149,745.00 32,280.00 TOTAL ALL PRODUCTS $ TOTAL INSTALLED PRICE $ 182,025.00 182,025.00 Shipping is Additional NOTES: *Ship date subject to change based upon availability of materials and volume of other orders at time of order. Firm ship date will be confirmed after receipt of order. ADDITIONAL NOTE: This price quote and any related orders subject to Zetron's Terms & Conditions (# 001-0136). 001-0055_AT 4109 All trademarks are properties of their respective owners. Please refer to the Price Book for Zetron's Terms and Conditions Page 2 of 2 (ZETRONl PO# I QUOTE# SERIES 3200 E9-1-1 TELEPHONE SYSTEM FINAL PROPOSAL US QUOTE I ORDER FORM 3/02/2012 Sys II INTEGRATOR 911 Date: Company: Address: Contact: CITY OF EAST PEORIA 201 W WASHINGTON STREET EAST PEORIA, IL 61611 SHAWNA MANGOLD Phone: 309 698-4700 Fax:~ ~~~~ __ ~ __ ~ Email: shawnamangold@cityofeastpeoria.com -i This quote Summa~: IS valid for ~I 120 days from quote date. ~ QTI DESCRIPTION INTEGRATOR 950-1046 950-0459 RACKMOUNT 901-9561 RACKMOUNT 950-9420 SUITE SOFTWARE Integrator Reporting System Integrator Telephony Suite CD ROM 911 CONSOLES 3230R 30 Key Rackmount 911 CONSOLE ACCESSORIES 20 Key Module ~ CD i 950-9650 Handset w/ Cord CONSOLE OPTIONS 950-9689 Alias Dial 950-9690 TDO Option STATION CARD SHELVES & STATION CARDS & VolP 901-9534 Primary Station Card Shelf 950-9948 Primary Station Card 950-0220 Conference Station Card All CONTROLLER & OPTIONS 950-0102 Controller Card Slot Cover 950-0112 CDR Printer LINE CARD SHELVES & LINE CARDS 950-0079 Line Card Shelf 950-9831 AC Interrupter Card 950-0848 S3200 Advanced E9-1-1 Trunk Card 950-0847 S3200 Advanced Caller 10 Line Card 950-9833 Basic Line Card POWER SUPPLIES 950-9961 AC Sig/Lamp/Ring Supply 950-0110 AC Talk Supply (-48 VOC) CABLING AND INSTALLATION 709-0004 CO/PBX Cable [Baseline Product] 950-9351 CO/PBX Punch Block [Baseline Product] 950-9962 Protected CO Punch Block [Baseline Product] 950-0099 E9-1-1 Programming System 950-0447 Secondary/Conference Station Card Firmware Update COMPUTERS 950-0601 Windows XP Pro Workstation PC, Dell Optiplex COMPUTER PC CARDS 802-0435 RS-232 Serial Port Card, 2 Port COMPUTER NETWORK 802-0331 8-Port Ethernet Hub COMPUTER SOFTWARE 950-1048 *Microsoft SQL 2008 Server w/10 CALs UN INTERRUPTIBLE POWER SUPPLIES (UPSs) 802-0329 1425 VA Desktop UPS RACKS & CABINETS Rackmount PCs and UPSs require 4-post installation in 29" or deeper cabinets 950-0083 19" W x 77" (44U) H x 23" D Rack 802-0370 Rackmount, 12-outlet, 120 V Power Strip SPARES 001-0176_AF 4/09 All trademarks are properties of their respective owners. Please refer to the Price Book for Zetron's EE ~ ~ I EE m IT] IT] IT] o:J EE Terms and Conditions Page 1 of 2 OPERATOR 905-0303 POSITION BUNDLES 9-1-1 Operator, 3-Position Bundle Includes: 3 Integrator 911 clients, 3 Integrator IRR, 19-1-1 Server License, 1 Station Card Shelf, 3 Station Cards, 4 ctt Cables, 1 EX E9-1-1 Controller with ALl, 2 Line Card Shelves, 3 E9-1-1 Trunk Cards, 1 Alarm Monitor Assy, 2 Rack Dist Cables, shelf blanks, and manuals MISCELLANEOUS 19" TQlLCH SCREEN MONITOR BLACK (ETSB) CAT5 CABLE, CONNECTORS, LABELS, ETC MISC LABOR TO INSTALL ABOVE LABOR 'i'P"'h',·:t Series 3200 Products Baseline & Miscellaneous Total 3200 Products Products Total Baseline & Mise Prod. $ $ 125,860.00 23,860.00 TOTALALLPRODUCTS-$~--~1~49~,~72~0~.0 items in red removed from quote items in yellow reflect a change or addition TOTAL INSTALLED PRICE $ 149,720.00 ========= Shipping NOTES: *Ship date subject to change based upon availability of materials and volume of other orders at time of order. after receipt of order. Additional Note: This price quote and any related orders subject to Zetron's Terms & Conditions (#001-0136). 001-0176_AF 4/09 All trademarks are properties of their respective owners. Please refer to the Price Book for Zenon's Terms and Conditions is Additional Firm ship date will be confirmec Page 2 of 2 rkdix Everything just runs better" COPIERS. PRINTERS· NETWORKS R.K.Dixon Proposal for City of East Peoria Police Department Details Purchase Price Xerox 5790PT Xerox 5775PT Xerox 5765PT All Three Systems with Finishers and 3 Hole Punch $14,640.00 $13,671.00 $12,797.00 Network Scanning (Optional) Scan to Folder Scan to e-mail $859.00 . Fax: $313.00 $743.00 One Line '"1'1. T • TOTAL CARE SERVICE PLAN INCLUDES PARTS, LABOR AND SUPPLIES PAPER AND STAPLES ARE NOT INCLUDED Service would still be covered under the Blanket Service Agreement that We Currently Have With the City of East Peoria The options may be added at a later date 3/28/2012 Jeffery S. Redmon RKDixon (309) 657-0709 (309) 692-3300 DATE Quote Valid for 30 Days 2012 Telecommunications Center Upgrade Cost Analysis Series 4000 Communications Control System.………………$182,025 Series 3200 E9-1-1 Telephone System……………………….$149,720 Shipping…………………………………………………………..$1,700 Monitors (6 purchased Directly Through ETSB)……………..$3,711 Upgrade Copy Machine(6 years old)Xerox 5790PT…………$15,499 Total……..……………..$352,655 Technology Grant…….$235,440 ----------------------------------------------------- Total Needed From Gaming **$12,785 Under Budget** $117,215