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HomeMy WebLinkAbout315838 09/12/17 ���`` CITY OF CARMEL, INDIANA VENDOR: 115100 ,, t, ONE CIVIC SQUARE DEBRA GRISHAM, ATTORNEY AT LAW CHECK AMOUNT: $.....8,370.00' _? � CARMEL, INDIANA 46032 922 E GREYHOUND PASS CHECK NUMBER: 315838 ' [TON�' CARMEL IN 46032 CHECK DATE: 09/12/17 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 106 5023990 8 .17 135.00 OTHER EXPENSES 1081 4340000 8. 17 690.00 LEGAL FEES 1082 4340000 8 . 17 2,460.00 LEGAL FEES 1091 4340000 8 .17 3,075.00 LEGAL FEES 1125 4340000 8.17 2,010.00 LEGAL FEES $ (000 00 k k ) co t CA - e m k R / E 0/ CD 0 © N& % f j. a z o N) 0E co 00 00 00 o m J \ -4 \ -4 -4 m 0 2 � R k 2 / 2 R z M ® Q — O 4 E � k k & k n > o = \ O a / / W C u X cl 0 ' / (10 # R R R $ R ) ) 0 0 0 0 0 0 ® 2 § a z 7 # w 40 W w40 \ f w % 0) 0 o o k o q w c@ w — c 7 o R o o R 9 w O k g k k S R 2 @ * ] Z \ 5 D n m CD CO f � \ av CL Q 3 n k � m > @ k CD k _ @ ] E f k 7 7 t 7 m e Km 3 - k CU c P m F o \ ro o E \ & E 2 m » ECL 0 CD & ƒ § CL k 7 A ] o / CLCD� \ \ - | 1 i s... S L F 0 2017 Professional Services Invoice FOR SERVICES RENDERED Date: 9/5/2017 FROM 8/1/17 THROUGH 8/31/17 Provider: Debra M. Grisham, Attorney at Law LLC Address: 922 E Greyhound Pass Carmel, IN 46032 Telephone: 317-690-1597 Email: dgrishamlaw@gmail.com Project Name: General Park Legal and Business Services Invoice No: 8.17 Hourly Rate: $150.00 Service Date Description of Service Hours Worked Amount Due 8/1/2017 Communications regarding summer camps 0.9 $135.00 issues with outside counsel J Mayes and communications to M Westermeier regarding the same. Reviewed applicable laws and caselaw. Multiple communications with B Bosma and M 0.8 $120.00 Westermeier regarding purchasing options of a waterpark feature referred to as the Central Park Adventure River Attraction (the "ARA") ; provided summary of discussion points for 8-2- 2017 meeting and met briefly with M Westermeier regarding the same. Multiple communications with J Koch regarding 0.9 $135.00 and suggested revisions to Addendum #2 language for the Central Park Drive West Enhancement Project ("CPDWEP"). Communications to N Clemens regarding Addendum #2 language for the Monon Community Center Entrance and Fitness Expansion Project ("MCCEFEP"). Research regarding authorization process for 1 $150.00 Park Board representative at Mediation for the Webb lawsuit. 1 Service Date Description of Service Hours Worked Amount Due Met with L Russell regarding personnel matters 0.7 $105.00 and updated the file. Multiple communications with B Bertl regarding 0.5 $75.00 archaeological study at West Park and forwarded proposal to M Westermeier for review. Briefly reviewed the proposal. 8/2/2017 Worked on the review of mediation 1.8 $270.00 authorization, Public Access Counselor Advisory opinions and Alternative Dispute Resolution rules and communications with Accelerate Indiana Municipalities ("AIM") regarding preparation of the Park Board to comply with the mediation order in the Webb lawsuit. Communications with M Westermeier regarding 3.3 $495.00 the purchasing options of the ARA and communications with B Bosma regarding the same. Reviewed documents and research caselaw relevant to the ARA purchase in preparation for a meeting with M Westermeier and B Bosma and attended the same. Met briefly with M Westermeier after the meeting regarding financing options and park department responsibilities. (.5 Hour NC.) 8/3/2017 Communications with J Koch regarding the 0.2 $30.00 CPDWEP Addendum. Met with M Westermeier regarding ARA and 0.3 $45.00 communications with B Bosma regarding the same. Reviewed MCCEFEP Addendum #2 and 0.3 $45.00 communications with N Clemens regarding the same. Updated the file. Met with M Westermeier regarding the Webb 0.8 $120.00 lawsuit mediation and timeline. Communications to legal counsel regarding the same. Met with L Russell regarding personnel matters 0.8 $120.00 at the MCC waterpark. Updated the file. Met with M Westermeier regarding personnel 0.5 $75.00 matters. 2 Service Date Description of Service Hours Worked Amount Due 8/4/2017 Continued research regarding authorization 1.7 $255.00 process for Park Board representative at Mediation for the Webb lawsuit and communications with AIM and prepared for conference call on 8-6-17 with legal counsel regarding the same. Met with M Westermeier regarding the same. Received, briefly reviewed and discussed with 0.3 $45.00 M Westermeier a Class Action lawsuit listing the Carmel Clay Parks Building Corporation as a potential plaintiff and forwarded the same with communications to B Bosma and Trustee Callahan. Met with M Westermeier regarding various park 0.4 $60.00 matters including personnel and related department issues. Communications with B Bosma regarding the 0.3 $45.00 process to acquire the ARA and discussed the same with M Westermeier. 8/5/2017 Communications from N Clemens regarding 0.2 $30.00 Addendum#3 for the MCCEFEP and reviewed the same. 8/7/2017 Multiple communications with M Westermeier, A 0.7 $105.00 Kostrzewa, M Klitzing and M Krosschell regarding the Central Park West Commons ("CPWCP") Certificate of Substantial Completion ("CSC'). Communications to M Krosschell and Myers 1.7 $255.00 Construction Management ("MCM") regarding the contract for the Central Park West Commons Phase II Project ("CPWCPIIP"). Received, reviewed and communications to A 0.4 $60.00 Kostrzewa and F Parisi regarding the Certificate of Substantial Completion for the Central Park Waterpark Admissions Project (the "CPWAP") and warranty timeframes. Updated the file. Researched on call contracts and 1.7 $255.00 communications to AIM and started work on communications to the Indiana Department of Administration regarding benefits of the same. 3 Service Date Description of Service Hours Worked Amount Due 8/8/2017 Received and reviewed contract and multiple 1.8 $270.00 communications with MCM, M Krosschell, M Westermeier and M Klitzing regarding the same for the CPWCPIIP and the post award contract requirements. Prepared contract for signature by the Park Board President. (.5 Hour NC.) Received bid tab from A Kostrzewa for the 1 $150.00 MCCEFEP and the CPDWEP. Met with M Westermeier regarding the same and confirmed the opening of the meeting for the CPDWEP at 10:00 and announcement that it was delayed until 10:35 a.m. on the same day at the same location and that the subsequent meeting was opened at 10:36 a.m. at which time only 1 bid was received, opened and read aloud. Reviewed and answered question regarding the legitimacy of accepting a single bid. Communications to IDOA regarding on call 0.3 $45.00 contracts and discussed the same with M Westermeier. Communications regarding the CPWCP CSC. 0.2 $30.00 Communications with B Bosma and conference 0.5 $75.00 call with B Bosma and M Westermeier regarding the ARA project. Prepared for and attended Regular Park Board 2.9 $435.00 meeting. 8/9/2017 Reviewed the contract documents of the 0.7 $105.00 CPWCP and multiple communications with A Kostrzewa, M Krosschell, M Westermeier and M Klitzing regarding the status of the CSC, Final Completion and the commencement of the Maintenance Bond. Met with M Westermeier regarding summer 0.2 $30.00 camp matters. Communications with legal counsel and K 0.3 $45.00 Baumgartner regarding Webb v. City of Carmel etal. 4 Service Date Description of Service Hours Worked Amount Due Reviewed the Public Access Counselor website 2.1 $315.00 and advisory opinions regarding Executive Session notice requirements and communications to S Young, M Westermeier and M Klitzing regarding an Executive Session on August 22, 2017 for the litigation of Webb v. City of Carmel etal., provided the correct citation to APRA and suggested the time of the meeting following the Park Board meeting scheduled for 6:00 p.m. Reviewed the Alternative Dispute Resolution ("ADR") rules, APRA and held lengthy communications with legal counsel regarding a deposition scheduled for 8-16-17 and the mediation scheduled for 10- 23-2017. Communications with M Westermeier regarding the same. Multiple communications with A Kostrzewa and 1.4 $210.00 C Arnold regarding contract clarifications and clerical corrections for the CPWCPIIP and provided the revised pages for review and initial to evidence agreement thereto, as well as the status of the bonds and the certificate of insurance. Updated the file. (.5 Hour NC.) 8/10/2017 Communications with D Myers regarding the 0.3 $45.00 CPWCPIIP Contract. Communications with M Westermeier and M 0.7 $105.00 Klitzing regarding bid review for the CPCWEP and the MCCEFEP. Started review pursuant to M Klitzing's request. Multiple communications with B Johnson, M 1.6 $240.00 Westermeier and legal counsel regarding various summer camp matters. Multiple communications with legal counsel and 1 $150.00 M Westermeier regarding Webb v. City of Carmel etal. Updated the file. Communications with M Westermeier regarding 0.2 $30.00 the scope meeting with Boyle Construction Management, Inc. ("BCMI") regarding the MCCEFEP. Communications with F Parisi regarding the 0.2 $30.00 WAP warranty inquiry. 5 Service Date Description of Service Hours Worked Amount Due 8/11/2017 Conference call with legal counsel and M 2.5 $375.00 Westermeier regarding Webb v. City of Carmel eta/. a nd met with M Westermeier and M Klitzing regarding the same. Received and started review of summary notes and discussed the same with M Westermeier. Multiple communications with M Westermeier, 3 $450.00 M Klitzing, L Hood and outside counsel regarding Tort Claim ESEFBC4846 filed with the City of Carmel. Communications with AIM regarding ADR rules 0.2 $30.00 and public access laws. 8/14/2017 Completed litigation hold communications and 1.5 $225.00 multiple communications with outside counsel, B Johnson and M Klitzing regarding Tort Claim ESEFBC4846. Communications with K Baumgartner and 2.3 $345.00 litigation counsel regarding Webb v. City of Carmel etal. Prepared for deposition by reviewing the summary provided by legal counsel. Multiple communications with M Klitzing 4 $600.00 regarding the BCMI bid for the MCCEFEP. Reviewed the bid, case law, my file and prepared to meet with M Klitzing on 8-15-2017. (.5 Hour NC.) 8/15/2017 Met with M Klitzing regarding the BCMI bid for 0.6 $90.00 the MCCEFEP. 8/16/2017 Multiple communications with M Klitzing 2.7 $405.00 regarding the BCMI bid for the MCCEFEP. Reviewed Schutt-Lookabill Company, Inc. 0.8 $120.00 ("SLC') bid for the CPDWEP and communications with M Klitzing regarding the same. Communications to insurer regarding Park 0.5 $75.00 Board loss run in preparation of a 2016 audit letter requested by the City of Carmel Clerk Treasurer. Communications with Park Board Member 0.3 $45.00 regarding conflict of interest inquiry and briefly worked on the same. 6 Service Date Description of Service Hours Worked Amount Due Attended deposition regarding Webb v. City of 2 $300.00 Carmel etal. (1 Hour NC.) 8/17/2017 Completed and communications to State Board 0.7 $105.00 of Accounts with and regarding the 2016 audit letter requested by the City of Carmel Clerk Treasurer. Multiple communications with M Klitzing 1 $150.00 regarding the BCMI bid for the MCCEFEP. Received, reviewed and communications with 1 $150.00 MCM and M Krosschell regarding the COI for the CPWCPIIP. Multiple communications with MCM's insurance agent regarding the same. 8/18/2017 Multiple communications with MCM's insurance 1 $150.00 agent regarding the Certificate of Insurance for the CPWCPIIP. Reviewed bonds and reviewed COI and completed contract for file and delivery to distribution group. Reviewed multiple communications regarding 1.5 $225.00 the post bid meeting with BCMI and communications with M Klitzing regarding the same. Met with M Klitzing and conference call with F Parisi regarding preparation for Monday scope meeting with BCMI for the MCCEFEP. Completed review of current Indiana caselaw regarding bid issues. (.5 Hour NC.) Communications to Patterson-Horth regarding 0.3 $45.00 the maintenance bond for the CPWCPIP. Updated the file. Communications from outside counsel 0.5 $75.00 regarding matters of the Carmel Clay Parks Building Corporation. Communications to M Westermeier and M Klitzing regarding the same. Updated the file. Completed review and communications to Park 1 $150.00 Board member with answers regarding the inquiry regarding a conflict of interest. 7 Service Date Description of Service Hours Worked Amount Due 8/21/2017 Met with M Westermeier regarding the Webb 1.2 $180.00 lawsuit in preparation for the Executive Session. Multiple communications with legal counsel regarding the same. Received and reviewed assessment and discussed the same with M Westermeier. (.5 Hour NC.) Met with M Westermeier regarding Tort Claim 0.5 $75.00 ESEFBC4846. Met with M Westermeier regarding the BCMI bid 2.5 $375.00 for the MCCEFEP. Participated in a conference call with M Westermeier, M Klitzing and F Parisi. Drafted the cover sheet for the 8-22-2017 Park Board meeting. Started work on the Agreement between Owner and Contractor and provided a draft to F Parisi, M Westermeier and M Klitzing for review and comment. Started worked on CPDWEP cover sheet and 0.6 $90.00 motions for 8-22-2017 Park Board meeting and distributed initial to M Klitzing and M Westermeier and S Young for review and comment. Communications with M Krosschell, M 0.3 $45.00 Westermeier and M Klitzing regarding the status of the MCM contract documents for the CPWCPIIP. Communications with MCM insurance agent 0.5 $75.00 regarding status of insurance requirements for the CPWCPIIP and communications to M Krosschell, M Westermeier and M Klitzing regarding the same. Communications with Guardian Ad Litem 0.4 $60.00 ("GAL") regarding an ESE participant. Communications to M Klitzing, M Westermeier and B Johnson and GAL regarding the same. Communications with K Baumgartner regarding 0.2 $30.00 current MCC contractor release and waiver. 8 Service Date Description of Service Hours Worked Amount Due 8/22/2017 Delivered to BCMI a draft Agreement between 3 $450.00 Owner and Contractor and communications regarding the same. Communications to F Parisi regarding the coversheet distribution to the Park Board. Communications with F Parisi regarding the BCMI bid for the MCCEFEP. Finalized the coversheet for the Park Board meeting. Drafted and distributed for review the Notice of Award and Limited Notice to Proceed. Communications with M Klitzing regarding the same. Communications with F Parisi regarding coversheet distribution to the Park Board. (1.5 Hour NC.) Worked on and completed for distribution to the 1 $150.00 Park Board, the coversheet for the CPDWEP bid consideration. Discussed the same with M Klitzing and M Westermeier. Communications regarding Tort Claim 0.2 $30.00 ESEFBC4846. Communications regarding GAL meeting with 0.2 $30.00 ESE participant. Communications with K Baumgartner regarding 0.2 $30.00 current MCC contractor release and waiver. Prepared for and attended the Special Park 0.7 $105.00 Board Meeting. Communications with B Johnson regarding 0.4 $60.00 annual training for ESE management team and other matters. Communications with B Bosma regarding the 0.2 $30.00 ARA purchasing process options. Communications with legal counsel and 1.5 $225.00 Traveler's adjuster regarding Webb lawsuit, discussed the same with M Westermeier in preparation for the Executive Session. Attended the Executive Session. 8/23/2017 Worked on and communications with S Young 1.5 $225.00 regarding, the minutes of the Park Board meeting and the Executive Session. Communications to insurance agent regarding 0.2 $30.00 Tort Claim ESEFBC4846. 9 Service Date Description of Service Hours Worked Amount Due Communications with Mark Westermeier and M 0.8 $120.00 Klitzing regarding personnel policy matters. Communications from M Klitzing and with M 0.2 $30.00 Klitzing and M Westermeier regarding FMLA policies. Worked on the Notice of Award and Agreement 3 $450.00 between Owner and Contractor for the CPDWEP and delivered the same to J Koch, M Westermeier and M Klitzing for distribution to SLC. Updated the file. 8/24/2017 Communications with MCM's insurance agent. 3 $450.00 Completed the paperwork for the completed contract and distribution to all parties regarding the same. (.5 Hour NC.) Communications to M Klitzing regarding the 0.2 $30.00 ARA purchasing options summary provided by B Bosma. Communications to Travelers Adjuster 0.2 $30.00 regarding Tort Claim ESEFBC4846. 8/28/2017 Reviewed the Hamilton County GIS and 0.8 $120.00 property tax cards and provided information requested by the Architect through M Klitzing for the MCCEFEP permit applications. Communications with M Westermeier and 0.2 $30.00 outside counsel regarding FMLA policies. Communications with M Westermeier regarding 1 $150.00 BCMI and the MCCEFEP. Communications to Travelers Adjuster 0.5 $75.00 regarding Tort Claim ESEFBC4846. Updated the file. Communications with J Koch regarding 0.2 $30.00 Manufacturers List requirements for the CPDWEP. Communications with L Russell regarding an 2 $300.00 FMLA leave for an employee and discussed the issues with outside counsel. Discussed related personnel policy questions with L Russell and outside counsel. 8/29/2017 Attended ESE supervisor training. (1 Hour NC.) 0 $0.00 10 Service Date Description of Service Hours Worked Amount Due Met with L Russell regarding FMLA issue. 1.5 $225.00 Multiple communications with outside counsel and L Russell regarding an FMLA leave for an employee. Updated the file. Worked on Tort Claim ESEFBC4846. (.5 Hour 4 $600.00 NC.) Communications with legal counsel regarding 0.9 $135.00 Webb v. City of Carmel etal. Communications with M Westermeier, M Klitzing and K Baumgartner regarding the same. Communications with ESE site supervisor and 0.3 $45.00 ESE assistant site supervisor regarding upcoming GAL visit. 8/30/2017 Communications with B Bertl regarding request 0.1 $15.00 for proposal for an archaeological report for West Park. Communications with A Lee regarding request 0.1 $15.00 for proposal for an archaeological report for West Park. Multiple communications with outside counsel 0.7 $105.00 and L Russell regarding FMLA leave for an employee. Communications with F Parisi, M Westermeier 0.3 $45.00 and M Klitzing regarding BCMI delivery of contract documents. Communications with BCMI staff regarding the status of the same. Worked on Tort Claim ESEFBC4846. (.5 Hour 2.7 $405.00 NC.) Communications with insurance agent for SLC 0.3 $45.00 regarding the CPDWDP. Received the Agreement Between Owner and Contractor for the CPRDWEP and arranged for signature by Park Board officers. 11 Service Date Description of Service Hours Worked Amount Due 8/31/2017 Multiple communications with BCMI staff 2.6 $390.00 regarding the status of the bonds and certificate of insurance. Received, reviewed BCMI pay application and conference call with F Parisi and M Klitzing regarding the same. Multiple communications with F Parisi, M Westermeier and M Klitzing and BCMI staff regarding BCMI pay application. Communications with insurance agent for SLC 0.5 $75.00 regarding the CPDWDP. Reviewed Agreement Between Owner and Contractor and worked on preparation of SLC contract for signature. Met with Park Board officers for execution of the SLC Agreement for the CPDWEP. Communications with outside counsel regarding 0.2 $30.00 non-party subpoena for employee personnel records. FEE Totals 104.6 $15 .00 Signature: TJel>ra/M. Gri�;.havvv C/'fy/ OF CR/1?FL 8) MO,00 (9-gY rw/> '1/ 3�v. o0 12