HomeMy WebLinkAboutCore Planning Strategies/CRC/31,300/design build advisor pedcor parking garage&mut ai K 1/-2.0-/S
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is hereby made and entered into by
and between the Carmel Redevelopment Commission (hereinafter "CRC "), and Core Planning Strategies (hereinafter
"Professional').
RECITALS
WHEREAS CRC owns and is responsible for the operation and maintenance of its property, personnel,
public works and infrastructure; and
WHEREAS, from time to time, CRC needs professional assistance in fulfilling its foregoing responsibilities;
and
WHEREAS, Professional is experienced in providing and desires to provide to CRC the professional services
( "Services ") referenced herein; and
WHEREAS, CRC desires to engage Professional as an independent contractor for the purpose of providing
to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth -,
herein, CRC and Professional mutually agree as follows:
SECTION 1, INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 CRC desires to engage Professional as an independent contractor for the Services set forth in attached
Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that CRC may, from time to time, request Professional to provide
additional or modified Services to CRC. When CRC desires additional Services from Professional, the CRC
shall notify Professional of such additional Services desired, as well as the time frame in which same are to
be provided. Only after CRC has approved Professional's time and cost estimate for the provision of such
additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in
writing, to provide such additional Services, shall such Services be provided by Professional to CRC. A copy
of the CRC's authorization documents for the purchase of additional Services shall be numbered and
attached hereto in the order in which they are approved by CRC.
2,3 Time is of the essence of this Agreement.
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
SECTION 3. CRC'S RESPONSIBILITIES
3.1 CRC shall provide such information as is reasonably necessary for Professional to understand the Services
requested.
3.2 CRC shall provide all data required for provision of Services. Professional may assume that all data so
provided is correct and complete.
3.3. CRC shall arrange for Professional to enter upon public and private property as reasonably required for
Professional to perform the Services.
3.4 CRC shall designate payment of the Services from City budget appropriation number 902 - 4040100 funds.
3.5 CRC shall designate the Executive Director or her duly authorized representative to act on CRC's behalf on
all matters regarding the Services.
SECTION 4. PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable
time and cost estimate.
4.2 Professional shall coordinate with CRC its performance of the Services.
4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful
standards as accepted in the industry.
SECTION 5. COMPENSATION
5.1 Professional estimates that the total price for the Services to be provided to CRC hereunder shall be no more
than Thirty One Thousand Three Hundred Dollars ($31, 300.00) (the "Estimate"). Professional shall submit
an invoice to CRC no more than once every thirty (30) days for Services provided CRC during the time
period encompassed by such invoice. Invoices shall be submitted on a form containing the same information
as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by
this reference. CRC shall pay Professional for all undisputed Services rendered and stated on such invoice
within thirty five (35) days from the date of CRC receipt of same.
5.2 Professional agrees not to provide any Services to CRC that would cause the total cost of same to exceed
the Estimate, without CRC's prior written consent.
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
SECTION 6. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2015, and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
SECTION 7. MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated
by CRC or Professional, without cause, upon thirty (30) days' notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated
by CRC, for cause, immediately upon Professional's receipt of CRC's "Notice To Cease Services."
7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation
hereunder, Professional shall be paid for ail such Services rendered and expenses incurred as of
the date of termination that are not in dispute, except that such payment amount shall not exceed
the Estimate. Disputed compensation amounts shall be resolved as allowed by law.
7.2 Binding Effect.
CRC and Professional, and their respective officers, officials, agents, partners and successors in interest
are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries,
Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties
hereto.
7.4 Relationship.
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor
any of its agents, employees or contractors are CRC employees. Professional shall have the sole
responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other
benefits and /or obligations as they become due. Professional hereby warrants and indemnifies CRC for and
from any and all costs, fees, expenses and/or damages incurred by CRC as a result of any claim for wages,
benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject
matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement.
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
7,5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such
insurance as is necessary for the protection of CRC and Professional from all claims under workers'
compensation, occupational disease and /or unemployment compensation acts, because of errors and
omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or
death of any of Professional's employees, agents or contractors and /or because of any injury to or
destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage
amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall
not be canceled without thirty (30) days' prior written notice to CRC.
7.6 Liens.
Professional shall not cause or permit the filing of any lien on any of CRC's property. in the event such a lien
is filed and Professional fails to remove it within ten (10) days after the date of filing, CRC shall have the right
to pay or bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Professional's warranties; (b) fails to perform the Services as specified; (c) fails to
make progress so as to endanger timely and proper completion of the Services and does not correct such
failure or breach within five (5) business days after receipt of notice from CRC specifying same; or (d)
becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for
the benefit of creditors or dissolves, each such event constituting an event of default hereunder, CRC shall
have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise
any other rights or remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to
Professional's performance of its obligations under this Agreement, all relevant provisions of which being
hereby incorporated herein by this reference, to keep all of Professionals' required professional licenses and
certifications valid and current, and to indemnify and hold harmless CRC from any and all losses, damages,
costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This
indemnification obligation shall survive the termination of this Agreement.
7.9 Indemnification.
Professional shall indemnify and hold harmless CRC and its officers, officials, employees and agents from all
losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and
attorney fees arising out of any intentional or negligent act or omission of Professional and /or any of its
employees, agents or contractors in the performance of this Agreement, This indemnification obligation shall
survive the termination of this Agreement.
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall comply
with all existing and future laws prohibiting discrimination against any employee, applicant for employment
and /or other person in the subcontracting of work and /or in the performance of any Services contemplated by
this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, subcontracting or work performance hereunder because of race,
religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran
status, This indemnification obligation shall survive the termination of this Agreement.
7.11 E- Verify
Pursuant to I.C. § 22 -5 -1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its
newly -hired employees using the E- Verify program, if it has not already done so as of the date of this
Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D,
which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E- verify program, and
(ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by
reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the
CRC with documentation that it has enrolled and is participating in the E- Verify program. This Agreement
shall not take effect until said Affidavit is signed by Professional and delivered to the CRC's authorized
representative.
Should Professional subcontract for the performance of any work under this Addendum, the
Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not
knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is
participating in the E- verify program. Professional shall maintain a copy of such certification for the duration
of the term of any subcontract. Professional shall also deliver a copy of the certification to the CRC within
seven (7) days of the effective date of the subcontract,
If Professional, or any subcontractor of Professional, knowingly employs or contracts with any
unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor
subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with
the unauthorized alien within thirty (30) days ( "Cure Period "). Should the Professional or any subcontractor of
Professional fail to cure within the Cure Period, the CRC has the right to terminate this Agreement without
consequence.
The E- Verify requirements of this Agreement will not apply, should the E- Verify program cease to exist.
7.12 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent
jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate
independently of same shall continue in full force and effect.
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
7.13 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement
shall be written and either hand - delivered or sent by prepaid U.S. certified mail, return receipt requested,
addressed to the parties as follows:
CRC:
Carmel Redevelopment Commission
30 VV. Main Street, Suite 220
Carmel, Indiana 46032
ATTENTION: Corrie Meyer
PROFESSIONAL:
Core Planning Strategies
200 S. Meridian Street
Indianapolis, Indiana 46225
ATTENTION: Debra S. Kunce, FAIA, LEED AP
Douglas C. Haney
Carmel City Attorney
One Civic Square
Carmel, Indiana 46032
Notwithstanding the above, CRC may orally provide to Professional any notice required or permitted by this
Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10)
business days from the date of such oral notice.
7.14 Effective Date.
The effective date ("Effective Date ") of this Agreement shall be the date on which the last of the parties
hereto executes same,
7.15 Governing Law; Lawsuits,
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana,
except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel,
Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial
they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree
that such court is the appropriate venue for and has jurisdiction over same.
7.16 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and /or remedies hereunder
or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of
such party to require such performance at any time thereafter.
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
7.17 Non - Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without CRC's
prior written consent.
7.18 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the subject
matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter,
written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to
or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective
successors in interest. To the extent any provision contained in this Agreement conflicts with any provision
contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail.
7.19 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any
person or entity executing this Agreement on behalf of such party has the authority to bind such party or the
party which they represent, as the case may be,
7,20 Headings.
AB headings and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.21 Advice of Counsel,
The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to
obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely,
voluntarily, and without any duress, undue influence or coercion.
7.22 Copyright.
CRC acknowledges that various materials which may be used and /or generated by Professional in
performance of Services, including forms, job description formats, comprehensive position questionnaire,
compensation and classification plan and reports are copyrighted. CRC agrees that all ownership rights and
copyrights thereto lie with Professional, and CRC will use them solely for and on behalf of its own operations.
CRC agrees that it will take appropriate action withh its employees to satisfy its obligations with respect to use,
copying, protection and security of Professional's property.
7.23 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in performing the
services under this agreement. Such personnel shall not be employees of or have any contractual
relationship with CRC. All of the services required hereunder will be performed by Professional or under his
supervision and all personnel engaged in the work shall be fully qualified to perform such services.
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
7.24 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this Agreement. CRC shall have free
access at all proper times to such records and the right to examine and audit the same and to make
transcripts there from, and to inspect all program data, documents, proceedings and activities.
7.25 Accomplishment of Project
Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound
economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In
accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work
involved is properly coordinated with related work being carried on within CRC's organization.
7.26 IRAN CERTIFICATION.
Pursuant to I.C. § 5 -22 -16.5, the Professional shall certify that, in signing this Agreement, it does not engage
in investment activities within the Country of Iran.
7.27 ACCESS TO PUBLIC RECORDS ACT
Professional understands and agrees that any "public record ", as that term is defined in Indiana Code 5-14-3 -
2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the
possession or control of the Professional or the CRC, shall be subject to release under and pursuant to the
provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5- 14 -3 -1, et seq., as
amended,
(remainder of page intentionally left blank)
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O. # 31796
Contract Not To Exceed $ 31,300.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
Carmel Redevelopment Commission Core Planning Strategies
BY: BY:
Corrie Meyer, Executi Director
Date: 1 I //
1
William Hamrp
Date:
Authorized Signature
Printed Name:
Title:
FID/TIN:
Last Four of SSN if Sole Proprietor:
Date:
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Core Planning Strategies
CRC - 2015
Appropriation # 902 - 4340400; P.O, # 31796
Contract Not To Exceed $ 31,300.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
Carmel Redevelopment Commission Core Planning Strategies
BY: BY:
Corrie Meyer, Executive Director
Date:
William Hammer, President
Date:
KL.)
Authorized Signature
Printed Name: °`-�
Title: Dw +.-% - j /N10, H
F!D /TIN: 'kg - '3 2 65
Last Four of SS
Date:
if Sole Proprietor:
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March 6, 2015
(377)447 -5531
tnr, planr.n4;trnlr.git t ∎ir,
Corrie Meyer
Executive Director
Carmel Redevelopment Commission (CRC)
30 W. Main, Suite 220
Carmel, IN 46032
RE: Proposal Letter — Owner's Design -Build Advisor
Pedcor Parking Garage
Dear Corrie,
Thanks for the opportunity to provide Design -Build Advisory Services for the $10 -13 million dollar new
Carmel parking garage. We understand the Design -Build Public Works process (IC 5 -30) will be utilized to
procure the design and construction services. We further understand the parking garage will ultimately be
owned by Pedcor and maintained by the Redevelopment Commission. As an advisor to the
Redevelopment Commission and staff, we will perform the following
AL i IVITIES
O Review and provide recommendations on the CRC's development of the RFQ and RFP.
O Meet with CRC staff to discuss RFQ and RFP modifications.
O Advise on interpretation of the Design -Build Public Works process (IC 5 -30).
O Develop structural design criteria for inclusion in the Design -Build RFP.
O Participate in all Technical Review Committee meetings (assumes 5 meetings — 2 for RFQ and 3
for RFP).
O Participate in 1 -2 interviews by at least three potential Design -Build teams.
• Review RFQ responses and provide input (assumes 7 -8 proposers).
O Review RFP responses and provide input (assumes 2 -3 proposers).
O Participate in bi- weekly construction observation walk - throughs and advise on compliance with
the selected final proposal,
DELIVERABLES
O Structural design criteria
O Review report on each the RFQ and RFP
O Monthly construction walk- through report
SCHEDULE:
Our work will align with the Design /Build process. Assumptions for the phased durations are:
RFQ (preparation, issuance, response time, review, and selection) 1 1/2 - 2 months
RFP (preparation, issuance, design /response time, review, and selection) 2 - 3 months
Construction Duration 10 months
It is assumed the CRC is already proceeding with a site survey and deep geotechnical boring testing,
including site classification. These must be completed and ready to include with the RFP release.
m
C C) R cE
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SUM 351 I5i111!•:4M15IIS ill 4.,2?;
(317)447.5531
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FEE: The proposed fee is $31,300. Reimbursables are included.
Deb Kunce, AIA and Jenell Fairman, PE will be advisors on this project. Of the 235 projected hours, 75%
of the hours will be performed by Jenell.
Payments are due and payable thirty (30) days from date of the invoice.
It is agreed that any liability of the Consultant is limited to the amount of the fee, and information
furnished by others is assumed to be true and reliable. If the Owner cancels this Agreement, the Owner
agrees to pay for any time or costs incurred before receipt of the cancellation.
Please indicate your acceptance of the terms and conditions of this Letter by signing and returning one
copy of this Agreement.
Sincerely,
�u-
Debra S. Kunce, FAIA, LEED AP
CORE Planning Strategies, LLC
Please sign and return to CORE Planning Strategies:
Accepted this day of 2015
(Signature) (Name, Title)
2
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City
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ONE CIVIC SQUARE
CARMEL, INDIANA 46032 -2584
ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
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INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35- 60000972
PAGE
PURCHASE ORDER NUMBER
317 16
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE.
1CHASE ORDER DATE
DATE REQUIRED
REQUISITION NO.
VENDOR NO.
DESCRIPTION
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PAYMENT TERMS
FREIGHT
QUANTITY
UNIT OF MEASURE
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Send Invoice To: £ R c
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SHIPPING INSTRUCTIONS
• SHIP REPAID.
• C.O.D. SHIPMENTS CANNOT BE ACCEPTED.
• PURCHASE ORDER NUMBER MUST APPEAR ON ALL
SHIPPING LABELS.
• THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
DOCUMENT CONTROL NO. 317 9 6
PAYMENT
• A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
• I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
ORDERED BY 0,61,11,_0_,.)
TITLE
CLERK - TREASURER
VENDOR COPY
Sponsor: Councilor Finkam
RESOLUTION CC- 04- 20 -15 -05
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING CARMEL REDEVELOPMENT COMMISSION
PROFESSIONAL SERVICES CONTRACT WITH CORE PLANNING STRATEGIES
WHEREAS, THE City of Carmel Common Council ( "Council ") created by ordinance
the Carmel Redevelopment Commission ( "CRC "); and
WHEREAS, by subsequent ordinance, the Council requires the CRC to seeks its
approval, by simple majority vote, of all goods and services contracts that exceed Twenty -Five
Thousand Dollars ($25,000.00) in a calendar year (the "Threshold Amount "); and
WHEREAS, the CRC now desires to enter into the professional services contract with
Core Planning Strategies the same being attached hereto as Exhibit A, which contract (the
"Professional Services Contract ") is in an amount that exceeds the Threshold Amount; and
WHEREAS, the CRC has presented the Professional Services Contract to the Council
and has requested approval of the same.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Cannel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Contract should be and the same is hereby APPROVED by the Common
Council of the City of Carmel, Indiana.
PASSED by the Common Council of the City of Cannel, Indiana this 0-40 day of
, 2015, by a vote of 7 ayes and a nays.
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 4/10/15 at 11:30 a.m. No subsequent
revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise.