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Home My WebLink AboutCC-09-04-01-01 Claims ApprovalSPONSOR(S): Councilor Koven RESOLUTION NO. CC-09-04-01-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AUTHORIZING THE PAYMENT OF FISCAL YEAR 1999-2000 CLAIMS FROM FISCAL YEAR 2001 FUNDS WHEREAS, the Common Council has been presented with claims compromised against the City for services rendered in Fiscal Years 1999-2000 to be paid from Fiscal Year 2001 funds (the "Claims"), copies of which are attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Common Council wished to facilitate the payment of the Claims. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that the City of Carmel shall pay the Claims, in the total amount of Six Thousand Three Hundred Sixty-Five Dollars ($6,385.00) from Law Department Line Items 440-69000 Library Reference ($3,143.00) and 430-44201 Intemet Line ($3,242.00), respectively. PASSED by,, the Common Council of the City of Carmel, Indiana this444~day 2001, bY a vote ofLL aYes and F) nays· ' R°be~,'Battreal,/// · v Diana L. Cordray, IAMC~C~k-Treasurer Page One of Two Pages CITY OF CARMEL, INDIANA Prepared by Douglas C. Haney, Carrnel City Attorney SPONSOR(S): Councilor Koven Presented by me to the Mayor of the City of Carmel, Indi a the ~ day of "'~', 2001. Approved by me, the Mayor of the City of Cannel, IJn~sa,Brai~nard' Ma~oY;~~001. ATTE~CA~C.!~.~e ZSum~n~ L~ , , r 1 e Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney Cityof Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 DEPARTMENT OF LAW ONE CIVIC SQUARE CARMEL, INDIANA 46032 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 tJRCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. 7-24-01 FEDERAL EXCISE TAX EXEMPT 35-6000972 PAGE PURCHASE ORDER NUMBER 10317 TH~S NUMBER MUST APPEAR ON INVOICES. AJp VOUCHER, DELIVERY MEMO, PACKING SLIPS SHIPPING LABELS AND ANY CORRESPONDENCE r DESCRIPTION SHIP :,VENDOR W~st Group TO P. O. Box 6187 Carol Stream, IL 60197-6187 !ONFIRMATR)N QUANTITY BLANKET CONTRACT IUNff OF MEASURE PAYMENTTERMS DESCRIPTION FREIGHT UNIT PRICE I EXTI~NSION Pa)~ant to West Group for on-line library research services to Carmel Department of Law, per the attached Settlement AndGeneral Release Agreement settling disputed claim. $3,242.00 //ZYZSi4~/ PLEASE INVOICE IN DUPLICATE I ACCOUNT ~ RR~EOT I RRO,~ECT ACCOUNT 430-44200 internate Line PAYMENT SHIPPING INSTRUCTIONS · SHiP PREPAID, · 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. 10 3:17 ORDERED BY Douglas;g. Hane TITLE Cit:: At tornel' CLERK-TREASURER DEPARTMENTCOPY City of Carmel DEPART.'!ENT ~F LAW ONE CIVIC SQUARE CARMEL, INDIANA 46032 iNDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CiTY OF CARMEL * 1997 ~URCHASE ORDER DATE DATE REQUIRED REQUISITION NO, VENDOR NO. PAGE PURCHASE ORDER NUMBER 10318 THIS NUMBER MUST APPEAR ON INVOICES, NP VOUCHER, DELIVERY MEMO, PACKING SLIPS SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION SHIP VENDOR .~est Group TO P. O. Box 6i~ Carol Stream, IL 60197-6187 ONFIRMATION BLANKET CONTRACT PAYMENTTERMS FREIGHT DESCRIPTION ~ UNIT PRICE I EXTENSION Payment to West Group for Westg~aw library research services to Car:el Department of Law, per the attached Settlement and General Release A~)~ ~,~t4 's,~l:l~,&~c~t~ C~u'~ . $3,143.00 SHIPPING INSTRUCTIONS · SHIP PRBPAIC. · C.O.D. SHIPMENTS CANNOT BE ACCEPTED. · PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. · THIS ORCBR ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO, DOCUMENT CONTROL NO. 1 ,~ 3 i 8 PLEASE INVOICE IN DUPLICATE ~40-'~900C Library Re£ereuce PAYMENT ¥3,142.0t~ NPVOUCHERCANNOTBEAPPROVEDFORPAYMENTUNLESSTHEP.O+ NUMBER IS MACE A pART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT A~FACHED. · IHEREBYCERTIFYTHATTHEREISANUNOBLIGATECBALANCEIN THIS APPROPRIAT]ON SUFFICIENT TO PAY FOR THE ABOVE ORDER, ORDEREDifY" It -~'~-'----- ' .......... '---RQU~3.~ C, Hane7 TITLE City Attorney CLE~K-TMEASUMEM DEPAmTMENT COPY Department:of Law - 2001 Appropriation No. 430-44200 Appropriation No. 440-69000 Contract Not To Exceed $6,385.00 APPROVED, AS IO FORM BY: SETTLEMENT~ND GENFfaRAL RELEASll This SE~LEMENT AG~EMENT AND GE~L ~E (~e "A~ement") is made as of IhlS ?r~ ~y of June, 2001, by and be~n ~e City of Ca~, India, ~fing by and through Board of Public Worl~ and 3afe~ ("C~er') and W~t Gro~, ~edml ~mployec Identification No, 41- 1426973, which h~ a co~omte office Iocamd ~ 610 Q~..~ Dd~ ~aBan, ~ IS 123 ("West"). L ~CffAa 1, Camel ~uted a Subsc~b~ AFcm~t f~ ~ ~vision of W~daw ~d CD-ROM Libr~ sc~iccs to the Ca~cl Ci~ At~mey's Office (the "We~ A~ement") on De~b~ 16, 1998, 2, ~ addition, Camel purc~aed ~m Warn t~ lndi~ ~dc, with one yflr of upda~s, for Six Hundred Dollars (St00,00), ~m ~mm u~aes m bc ~ed by ~ peruant (~0%) u long as the W~t ~ment retained in 3. On Octob~ 3, 2000, Douglas H~ey, C~e] ~ A~m~, ~d ~a ~slmtl= and marl a Icn=r to West m~tna~ng the W~t ~emcm ~d ~c I~m Co~ ~ semite ~d mqu~g a fi~] billing on ~es=s ~co~ ("~ct. No, 328-~I~2~8" ~ "~t, No. 4. ~e b~ce for ~count NO, 328-5 19-~8, as ~ ~ WeR is Sev~ ~usand ~ree Hund~d Tw=~-~e Dollm md Ei~W-One C~ ($7,3~.8]) for Wcs~w se~c~, md f~ A~unt No, 999-~- 38~, i8 Six H~d Eight-Fly8 Dollm and S~ S~m Cm ($68~.6~ ~r hdim Code ~d smic~, for a m~l b~an~a ailegcd~ duc ~ owi~ of~t-~ Nine ~llm ~ Fo~-Ei~t Cen~ ($8,009.48) (collc~ively ~ "West ~m"). 5. Cael ~spu~s ~mons of~= W~ C~m, ~, h o~r m avoid the c~L e~se ~d u~m~ ofli~on, ad m set at ~st agy olaims which have been made or co~d ~ made ~ng ~e Wcs~w A~m~t ~or ~e West Claim, the purees now d~ire to ~]ly se~le this ma~cr on ~c tm set fo~ 7, In consideration of ~e pa~t by Creel m West of ~ sm of Six ~usand ~re= Hund~ Ei~-Five Do]l~ ($6,385.~), W~t a~ ~t ~ pa~t s~l cmdm~ ~1] ~d final satisfaction · c West Claim and of any =d ~I claim which W~t ~, ~ or my Mve agmst ~el as a ~lt of West ABemcn~ the West Clai~ C~eI's W~w usage, ~ ~ Code ~ supplemores, th= lib~ ~d ~-ROM ae~ic~, an~or a~ oth~ s~iccs pm~d ~ We~ to ~o~t No. 328-5]9-228 ~or Acoount No. 999-775-38~, 8. Payre=hi of ~c mount s~ted above ($6,385.00) s~] be made by Camel in ~o (2) s~amte pa~enM. The ~Bt pa~cnt shall be made in the mount of Four~ous~ Dollars ($4,QOQ.00) on or befo~ August l, 2001. The second end final payment in ihc amount of Two Thousand Three Hundred ~iShty-Five Dollars ($2,381.00) shall be made by Careel on or before Novernbcr 3, 2001. g. Carm,,l acknowledges that, until payment in full of the agreed eettlcment amount ($d,385.00) has been made, there will be no services of any kind available fiat the Cannel City Attorney's Officc from West, West acknowledges thai no services of say kind have been requested of West by the Cannel City Auorney's 10. West also acknowledges that the West Agreement was terminated, effia~ive 0clober 31, 2000, that Carmel's Indiana Code supplem,.nt service was ferminard, cffeelive December 31, 2000, and that. upon performance by Curse{ of the terms and conditions of th~s Agreement, the Carsol City Attarney's Ott~ce Account No. 328-519-128 and Account No. 999-77'L385, will be paid in f~l and closed by West. 1II. GRI~TERAL i 1. In eonsidet'ation of the payment ualled for hen, in ($6,381.00), West unconditionally r.,quils and fiar~ver discharges the City of Careel, its Mayor, officials, ofaeexs, attnnreys, heard meshes, employees, deparnn~nts, agents, representatives, pxt, decessors and/or su,,eessors in intei~-st and eli other persons scii~lg by, through, under ~ in eon~er~ with them (oollemively, lise "Release~") from the West Claim and any and other charges. claims, demands, llabgilisa, obligations, oh-lions and causes of areion of' say kind, known or unknown, that hove or may arise out o£or as a result ofthe West Agreement, and/or the Cannel City Alxomey's nitice Westlaw usage, Indiana Code and sq}plem~nts and/or uny other h'brary or CD-ROM servlca pmYided isrsuam to the West Agreement and/or to A~unt No. 328-I19-228 and/or A~oum No. 385. Th~s Release shall be ~ully btnd~g and effectuate a complete settlem~m between West and the P, el~asees r~garding the subjec~ mater harmmr. iv, 8~pRlzS~,~rrAmmoN~ ~ WAlmlm, A~rrXZS 12. Both parties repelant titat they have relied upon the advice of their own attorney concerning the legal consequences o~ this ABetenant .._d that the timus ate fully understood and voluntarily at;opted by same without reliance upon any slatomant or tept~entation of the opposing party. 13. Both ponies warrant that their millsstories to this Agreemm~ have the full power, capacity. fight and authority to execute, deliver and perform this A~mmllmtt fiat and on behalfoftbe party they represent. 14. West t~.'presents aud wanarts t~at it has not sold, assigned, transferred, manyeyed or othenvise disposed of any part of the claims teleased by this Agreement to any third patty. 15. This Agreement constitutes the lull and complete understanding and agreement of the pmmies with respect to the subject matter covered in it, and supercedes any and all prior alFecments or underamndtngm, written or oral, between the pardu regaaling same. No addition, deletion, or amendment to this Agreement shall havc any foree or effect unless it is mutually agreed to in writing by both paxziem 16. it iS expressly understood and aFcd by the pm,-zies that this Agrc~mmt constitutes a compromise of disputed claims and t~t n~ifficr it nor any payment or r~du~tion in d~mand regarding snmc arc or shall bc construed as an admission of liability, fault or etmr by either ~e pardes or Releasees. but is accomplished soleiy for the purpose of avoiding ~rther costs and expenses. 17. This AIFeement sh~ll be construed in a~ordance with ~e laws of the State of Indiana and all disputes concealing the intn~t~tatjon or implementation of this Agreement r, hall b~ brought and concluded in a court of competent j utisdic~on m th~ Siam of Indiana. 18. This Agreement racy be ex,.cu2d in two (2) ~ount~rpatts, ~ach of which shall constitute an original but both of which, taken together, shah conMituto but one A~'~m~nt. 19. Tha parties her~to agree to coop~mt~ fully and m execute any and all supplcmr~tary dooummt~ and to take all additional actions which may be n~ce. ssm.y or n~opmpriat~ in order to give ~11 force and effc'~t to th= t~m'na and inlznt of this Ag~ement. SO AOREED. CZTY 01; CARMt;T-, ZNDIANA, by imd thtot~eh its 9oatd of Public Works and Safety BY: James Bndnard, Pr~tdtng Officer Date: Mary AI~ Burke, M~,nb~r Dat~: Billy Walkcr, Membcr Datg; A T x '~ST: Diana Cordray, IMCA, Clerk-Treasurer Datc: