331922 11/07/18 CITY OF CARMEL, INDIANA VENDOR: 372911
•�j I
ONE CIVIC SQUARE NATALIE S WOLFE CHECK AMOUNT: $*******900.00*
CARMEL, INDIANA 46032 880 COPPERWOOD DRIVE CHECK NUMBER: 331922
CARMEL IN 46033 CHECK DATE: 11/07/18
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4237000 0 900.00 REPAIR PARTS
VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995)
ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
Vendor# 372911
NATALIE S WOLFE IN SUM OF$ CITY OF CARMEL
880 COPPERWOOD DRIVE An invoice or bill to be properly itemized must show:kind of service,where performed,dates service
rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc.
CARMEL, IN 46033
Payee
$900.00
Purchase Order#
ON ACCOUNT OF APPROPRIATION FOR
Terms
Street Department
Date Due
PO# ACCT# DATE INVOICE# DESCRIPTION
DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
0 42-370.00 $900.00 1 hereby certify that the attached invoice(s),or 11/5/18 0 Reimbursement $900.00
2201 2201 2201 2201
bill(s)is(are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Monday, November 05,2018
Huffman, Dave
Director
I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have
audited same in accordance with IC 5-11-10-1.6
20
Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
RELEASE AND SETTLEMENT AGREEMENT
FOR THE SOLE CONSIDERATION OF Nine Hundred Dollars($900:00), Natalie S. Wolfe(herein after referred to
as"Ms.Wolfe"),being of sound mind and lawful age,does hereby release,acquit,and forever discharge the City.of Carmel
and all.its present and former officers,agents,and employees(herein after referred to as the"City")from all actions,causes of
action,claims and demands,damages, costs,loss of services,expenses, attorney fees and costs, and compensation on.account
of or in any way growing out of any and all known and unknown-damages and costs arising out of or accrued concerning
injuries and losses alleged or which could have been alleged as a result of the covering or blocking of any sump pump
discharge pipe and/or outlet in the storm structure located at or around 880 Copperwood'Drive, Carmel, IN 46033 that
occurred on or before the September 15, 2018,, including without limitation any claims, issues, or legal costs that were or
could have.been raised in any resulting lawsuit.
The sum of$900.00 shall be allocated as compensation for Ms. Wolfe's actual damages-and shall;be paid directly to
her.Said check shall be issued within fifteen(15)days of the effective date of this agreement. Ms.Wolfe shall be-responsible
for reporting taxable income, if any, and for paying all, if any, applicable taxes on the Settlement Payment to the-appropriate
federal,state,and local taxing authorities.
It is expressly warranted that no promise or inducement has-been offered to Ms.Wolfe except as herein set forth; that
this release .is executed without reliance.upon any statement or representation of Ms. Wolfe and/or the City (herein after
collectively referred to as the "Parties") or persons released or their representatives or attorneys, concerning the nature and
extent of the injuries, damages, costs, and/or legal liability-therefor;.that acceptance of the consideration set forth herein is in
full accord.and,satisfaction of a disputed claim for which liability is expressly denied.
It is further warranted by, 'Ms. Wolfe that the entities and persons released herein do notby this settlement admit'
liability.in any way,and that they continue to expressly deny liability,but that they have entered into this.settlement solely to
avoid the costs and inconvenience of litigation.
The Parties agree that this Settlement Agreement is deemed made and entered into in the State of Indiana and in all
respects shall be,interpreted, enforced, and governed under the laws of the State of Indiana, unless otherwise preempted by
federal law. The language of all parts of the Settlement Agreement shall be in all cases construed as a whole,according to its
fair meaning, and not strictly construed for or against the drafter. This Settlement Agreement constitutes the complete
agreement between the Parties. No other promises or agreements shall be binding unless signed by the Parties.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
By; (.,1� By .
Natalie S.Wolfe D �Han�ey ���
880 Copperwood Drive,Carmel,IN 46033 Corporation Counsel
,�, qq City of Carmel
Date: D_2/v1AS aO( X�-/ Date: J�o A00
Before me,a Notary Public in and for said County and State,personally appeared Natalie S Wolfe,and who
acknowledged the execution of the foregoing"Release and Settlement Agreement"as her voluntary act and deed.
Witness my hand and Notarial Seal this and day of e ,2018.
*NY UBLIC
My Commission Expires:August 15,2020
Toni G.Butler
Printed Name
TONI a,BUT1.9111 My.County of Residence:Howard
NOTARY PUBUC,SEAL.
STATE OF INDIANA.
RESIDENT OF HOWARD COUNTY
COMMISSION NO 637851
MY COMMISSION EXPIRES-6.1S*=
Lunn, Amy E
From: Walthall, Dianne S.
Sent: Tuesday, October 30, 2018 2:41 PM
To: Lunn,Amy E
Subject: RE: Sump pump blockage investigation 9/15/2018
Amy,
Ann and I discussed this matter and agree that-we need a copy of the release/settlement agreement,this email, and
claim. Then a check will be cut.
941MM 7/t/6 N14&
Director of Financial Reporting
City of Carmel
1 Civic Square,Carmel, IN 46032
Phone: 317-571-2428/Fax:317-571-2410
From: Lunn, Amy E
Sent: Tuesday, October 30, 2018 1:17 PM
To: Walthall, Dianne S.
Subject: FW: Sump pump blockage investigation 9/15/2018
Hi Dianne.
Question...I've never had to do this before. If you read the email thread below,the City ispaying a resident for damages
done to her property($900.00). How do I go about processing a claim? Do I make up my own invoice and submit a
claim? Or can this be done.with a journal entry?
Thanks!
Amy
From: Huffman, David
Sent: Tuesday, October 30, 2018 11:29 AM
To: Lunn, Amy E
Subject: FW: Sump pump blockage investigation 9/15/2018
What do we need to process this for payment can you check with the Clerks officew?
David Huffman, Commissioner
Carmel Street Department
3400 W 131 st Street
i
Carmel, IN 46074
317.733.2001
From: Legge, Benjamin
Sent: Tuesday, October 30, 2018 11:26 AM
To: Huffman, David
Subject: FW: Sump pump blockage investigation 9/15/2018
Dave—Please see Ms.Wolfe's acceptance of the$900.00 offer in exchange for a full release against the City and its
employees in this matter. Please can you do what you need to do to draw up the check and send it for us for -
distribution. I will draft the release/settlement agreement for execution. Let me know if you have any questions.
Benjamin
From: Natalie S. Wolfe [mailtomwolfe@lilly.com]
Sent:Tuesday, October 30, 2018 8:23 AM
To: Legge, Benjamin
Cc: Haney, Douglas C
Subject: RE: Sump pump blockage investigation 9/15/2018
Dear Mr. Legge:
I accept your offer. Thank you for taking the time to research this matter..
Natalie
Natalie S. Wolfe
From:.Legge, Benjamin<blegge@carmel.in.gov_>
Sent: Monday,October 29,2018 5:13 PM
To: Natalie S.Wolfe<nwolfe@lillv.com>
Cc: Haney, Douglas C<DHanev@carmel.in.gov>
Subject: [EXTERNAL] FW: Sump pump blockage investigation 9/15/2018
EXTERNAL EMAIL: Use caution before replying, clicking links,.and opening attachments.
Dear Ms.Wolfe,
I have completed my investigation into the matter concerning the covering of the discharge outlet from your sump
pump into the storm structure. I appreciate your patience in this matter and your efforts to provide the City with
documents and relevant information. Upon completing my investigation, I am unable to determine if the City was
responsible for covering your sump pump's discharge outlet in the storm structure in question.
That said,the City does periodically repair storm structures. If the covering of the pipe was performed by a City
employee, it is possible that it was done by a temporary summer worker who, because of the recessed nature of the
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your pipe,didn't know there was a pipe or didn't know that the pipe was operational. Your pipe's location is unusual
because sump pumps generally do not discharge into the storm structure and, if they do,the pipe typically extends
beyond the structure. Nonetheless,out of an abundance of caution, I have spoken with the Director of the Carmel
Street Department, David Huffman,who will reiterate to his employees that, before repairing a storm structure, the
employee must carefully examine the structure for recessed pipes and must presume that such pipes are operational.
Although the City cannot determine that it caused the covering, because itis possible that a City employee may have
covered the.discharge outlet here, in good faith the City is willing to pay$900.00 in exchange for a full and complete
release of any claims that may be brought against the City or its employees resulting from the covering of your sump
pump's discharge outlet.
Please let me know if you accept the City's offer. Upon your acceptance, I will prepare the necessary paperwork for
distribution.
Thank you.
Benjamin
Benjamin J. Legge
Assistant City Attorney
City of Carmel'
One Civic Square
Carmel, IN 46032
Phone:317-819-7219
Fax: 317-571-2484
Email: blegge@carmel.in.gov
NOTICE:This offer is made in.good faith and under the protection afforded by Rule 408 of the Indiana Rules of Evidence and'
is intended solely for the recipient(s).named above. If you have received this transmission in error,please immediately call
us at(317)571=2472,.delete the transmission from all forms of electronic or other storage,and destroy all hard copies.D0.
NOT forward this transmission.Thank You.
From: Natalie S. Wolfe [mailto:nwolfe@lilly.com]
Sent: Friday, October 05, 2018 6:01 PM
To: Haney, Douglas C
Subject: Sump pump blockage investigation 9/15/2018
Dear Mr Haney:
Thank you for investigating the issue with my sump pump line being blocked,first reported to you on 17Sept2018. I
appreciated the phone call from Benjamin Legge on 030ct2018,who shared that he is handling the investigation for
you. He asked me quite a few questions about the history of the sump pumps in my home,so I wanted to share a
documented timeline in case there were any misunderstandings.
I purchased the home at 880 Copperwood Drive in March 1991. The sump pump was already installed with two wells
(only one contained a pump) at the time of the purchase. In approximately 2003 (15 years ago),the sump pump itself
was replaced by my father as it was not working;the PVC line going from the sump pump out to the yard was not
touched. In early May 2017,the basement flooded after heavy rains, and the sump pump was replaced by my
husband. In addition, a restoration company was hired to dry out the basement. The assumption at this time was that
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the previous sump pump was not working properly. Again,the PVC line going out the yard was not touched. Several
days after the initial basement flooding,the basement began to flood once more, and I placed an emergency call to
Moore Restoration in the middle of the night for help. A gentleman named Champ Powell came out, purchased an
additional sump pump, placed it in the second well in the basement, and attached temporary plastic tubing to pull the
water out of the basement to the back yard. This successfully stopped the flooding at that time, and the restoration
crew completed their work. The PVC line from the primary sump pump to the drain outside was not checked or touched
at this time. In early September 2018,the basement again began to flood and the temporary sump pump that drained
outside was used to remove excess water from the basement several times during heavy rains.A new sump pump was
also purchased, again,with the assumption that the pump was not working. At this point, I contacted a plumber to
check the original PVC line running from the sump pump to outdoors,assuming there may be blockage in the pipe
somewhere. LD Smith plumbing came out on 9/15, dug up my yard, and came to the conclusion that the PVC line was
blocked at the street, below the drain cover at the end of my property. I called the Carmel Street Department, and a
gentleman named Steve came out,dug away several inches of concrete from the PVC pipe end, and removed a large
black rock which appeared to have been intentionally placed in the pipe.
I am attaching the invoice and cancelled check paid to the restoration company in May 2017, receipts and cancelled
checks for sump pumps purchased,the invoice for the recent plumber hire (note only$1300 of that was for digging up
my yard, I also had a second pump and battery back up installed,which I feel is my responsibility to pay for), and
pictures of the drain from 9/15, before and after the concrete and rock were removed.
Please feel free to contact me with any additional questions or clarifications.
Best regards,
Natalie S. Wolfe
317-319-4080
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