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 At the Board Workshop, Community Action of Central Illinois'
Executive Director Alison Rumler-Gomez said she would sign the
agreement but had some concerns about insurance. Rumler-Gomez said,
"A couple of months ago we brought it to the Program Compliance
Oversight Monitor's attention that there was some exposure with the
county board and them not being covered by the insurance that we
had. Insurance had been going up exponentially and our insurance
company told us to reach out to the PCOM."
Rumler-Gomez said, "what the insurance company asked for was a lease
agreement between Community Action and the county because we had not
previously had that. Clark worked very quickly and drafted a lease
agreement."
Rumler-Gomez said, "The board rejected that agreement but provided
an alternative lease agreement that they were provided by IDOT." She
said, "The only issue in that lease agreement that came back to our
board that is objectionable is the issue of the indemnification
clause."
 Rumler-Gomez said, "In that indemnification clause, it asks that
CAPCIL holds the county and IDOT harmless for anything that happens
to those vehicles. Our board strongly objected to that, and felt it
was reasonable that our liability be limited to the policy limits,
so we brought it to the Transportation Committee."
Rumler-Gomez said, "The Transportation Committee thought that was
reasonable, but then counsel advised them that was not wise."
Rumler-Gomez said, "It probably isn't wise, but by the same token,
it also isn't wise for us to sign the lease agreement.
Rumer-Gomez said if Community Action would "sign the lease
agreement" and "there is some sort of catastrophic event and we're
not limited to policy limits," it could possibly "put an end to
Community Action."
Board member David Hepler said after hearing the concerns brought up
by Rumler-Gomez, and how it could impact other programs, he would be
voting no.
Bateman said, "it actually is not impacting any of their other
programs. What it stems to, is they don't want to be held liable for
an accident and they wanted to piggyback onto the county's insurance
so that there would be additional coverage if there's an accident."
Bateman also said, "It will have nothing to do with what they do out
there. They just didn't want to be the sole insurance provider, and
our state's attorney didn't feel it wise that we partner with them
in insurance because then if they have an accident which would be
100 percent their fault, the county wouldn't be at fault at all."
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Bateman said, "By naming us as one of the insurers, that puts our
neck in the noose for lawsuits. That's all it was. In discussion,
and with Jonathan's (Wright) advice, we didn't feel it necessary to
put our name on their insurance policy."
Bateman's motion to approve Indemnity Vehicle Lease Agreement passed
11-1 with Chuck Ruben, Emily Davenport, Janet Dahmm, Bob Farmer,
Dave Blankenship, Kevin Bateman, Gene Rohlfs, Bob Sanders, Scott
Schaffenacker, Adam Schmidt, and Annette Welch voting yes; David
Hepler voting no.
The board unanimously approved Bateman's other six motions without
any discussion. These motions included:
- A motion to approve the amended interagency agreement
between Logan County and Community Action Partnership of Central
Illinois for the Public Transportation Program
- A motion to approve the agreement between Logan & Mason
Counties for an intergovernmental agreement to provide for
public transportation in Logan & Mason Counties,
- A motion to approve the federal section
- A motion to approve authorizing execution and amendment of
the grant agreement
- A motion to approve to extend the federal section ordinance
- A motion to approve acceptance of the special warranty
Board members present were board chairman Chuck Ruben, vice
chairman Emily Davenport, Janet Dahmm, Bob Farmer, Dave
Blankenship, Kevin Bateman, David Hepler, Gene Rohlfs, Bob
Sanders, Scott Schaffenacker, Adam Schmidt and Annette Welch.
[Angela Reiners]
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