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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 2 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 3 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 Email secured by Check Point Email secured by Check Point 4