HomeMy WebLinkAboutPaperless Packet for BPW 10.19.22Board of Public Works and Safety Meeting
Agenda
Wednesday, October 19, 2022 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the October 5, 2022, Regular Meeting
2. BID OPENING
a. Bid Opening for Brookshire Golf Course Cellular Tower and Equipment Building
Addition; Benjamin Legge, Office of Corporation Counsel
3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS
a. Resolution BPW 10-19-22-02; Extra Space Storage; Erosion Control; Gilliatte General
Contractors
b. Resolution BPW 10-19-22-03; Franciscan Orthopedic Center; Erosion Control / Mass
Grading / Right of Way; Tonn & Blank Construction, LLC
4. CONTRACTS
a. Request for Purchase of Goods and Services; Caulking Specialists; (-$3,617.00);
Carmel Data Center - Masonry Joints; CO #1; Jeremy Kashman, City Engineer
b. Request for Purchase of Goods and Services; Shuck Corporation; ($61,855.69); 19-02
and 10-10 Brookshire Golf Bridge Replacement - Mitigation; CO #1; Jeremy Kashman,
City Engineer
c. Request for Purchase of Goods and Services; Rieth-Riley; ($29,100.00); 2022 Paving
Program - Blue Reflector Unit Cost; CO #2; Lee Higginbotham, Street Commissioner
d. Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.;
($29,196.00); 16-ENG-37 116th and Medical Drive at Range Line Road Roundabout;
CO #3; Jeremy Kashman, City Engineer
e. Request for Purchase of Goods and Services; Frederick’s, Inc.; ($7,563.00); Carmel
Data Center - Limestone Delivered and Placed; CO #4; Jeremy Kashman, City Engineer
f. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($40,000.00);
20-ENG-07 106th Street Pedestrian Path - College to Penn - Inspection; Additional
Services Amendment 15a; Jeremy Kashman, City Engineer
g. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.;
($150,000.00); 18-ENG-05 4th and Main Roundabout - Inspection Services; Additional
Services Amendment 23a; Jeremy Kashman, City Engineer
h. Request for Purchase of Goods and Services; Fire & Police Selection, Inc.; (not to exceed
$20,000.00); 2023 Applicant Testing; Chief David Haboush, Carmel Fire Department
i. Request for Purchase of Goods and Services; Glaus, Pyle, Schomer, Burns & DeHaven,
Inc. d/b/a GPD Group; ($44,760.00); Construction Consulting - Brookshire Golf Club;
Mike Hollibaugh, Director of the Department of Community Services
j. Request for Purchase of Goods and Services; Mainscape, Inc.; ($49,319.00); Installing
Holiday Lights; Additional Services Amendment; Lee Higginbotham, Street
Commissioner
k. Request for Purchase of Goods and Services; Officeworks Services, LLC; ($12,033.58);
Office Furniture; Additional Services Amendment; Jeremy Kashman, City Engineer
l. Resolution BPW 10-19-22-01; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; CC&T
Construction, Inc.; ($58,000.00); Concrete - Village of West Clay; Additional Services
Amendment; Lee Higginbotham, Street Commissioner
m. Request for Purchase of Goods and Services; Telamon Energy, LLC; ($49,500.00);
West Solar Services - W10133; John Duffy, Director of the Department of Utilities
n. Request for Amendment to Customer Agreement; Zayo Group, LLC; Internet Service
- Customer Order# 2058625; Timothy Renick, Director of Information and Communication
Systems
5. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Use / Close City Streets in Clay Terrace Mall; Clay Terrace 10th Annual Boo
‘N Brew Fall Festival; October 22, 2022; 6:00 AM – 10:00 PM; Christine Foulke,
Washington Prime Group
b. Request to Use Civic Square Gazebo; Diwali Party; October 29, 2022; 4:00 PM –
9:00 PM; Maleeha Mahbub, Giving Hope
c. Request to Use Japanese Garden; Hawkins - Lian Wedding Ceremony; October 22,
2022; 11:00 AM – 12:00 PM; Nicole Hawkins
d. Request to Use Palladium Paver Patio East; Wedding Ceremony; August 26, 2023;
2:00 PM – 9:00 PM; Rehearsal - August 25, 2023; 5:00 PM - 6:00 PM; Megan Painter
e. Request to Use Japanese Garden; Sparacino Wedding Ceremony; November 5,
2022; 6:00 PM – 7:00 PM; Allison Sparacino
f. Request to Use Civic Square Gazebo; Wheelock Wedding Reception; September 23,
2023; 9:00 AM – 11:00 PM; Emily Wheelock
6. OTHER
a. Resolution BPW 10-19-22-04; A Resolution of the City of Carmel Board of Public
Works and Safety Requesting the Financing, Construction, and Dedication of Certain
Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against
the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF
Credit Agreement; Village Capital Corporation; Wren; Henry Mestetsky, Director of the
Department of Redevelopment
b. Resolution BPW 10-19-22-05; A Resolution of the City of Carmel Board of Public
Works and Safety Requesting the Financing, Construction, and Dedication of Certain
Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against
the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF
Credit Agreement; Pedcore Housing Corporation; Windsor; Henry Mestetsky, Director
of the Department of Redevelopment
c. Resolution BPW 10-19-22-06; A Resolution of the City of Carmel Board of Public
Works and Safety Setting 2023 City and Participant Contribution Rates for the City of
Carmel Employee Health Benefit Plan; Annual Insurance Rates; Lisa Hartz, Director of
Human Resources
d. Request for Renewal of City of Carmel Employee Health Benefit Plan; Anthem Blue
Cross & Blue Shield; 2023 Insurance Plans and Products; Lisa Hartz, Director of
Human Resources
e. Request for Road Closure / Open Pavement Cuts; The Edge Apartments - 96th Street
and Kittrell Drive; J. C. Hart
f. Request for Grant of Perpetual Storm Water Quality Management Easement; The
Steadman Apartments – 111th and Spring Mill Road; Bridges Apartments, LLC
g. Request for Street Closure / Open Pavement Cut; Near 10210 Orchard Park Drive
West; Morphey Construction
h. Request for Street Closure / Open Pavement Cut; Near 10800 Cornell Street; Lamb
Excavating
i. Request for Secondary Plat; Albany Village; Ed Fleming, Platinum Properties
j. Request for Consent to Encroach and Variance; 15 W Executive Drive; Balconies;
Carmel Development III, LLC, Property Owner
k. Request for Consent to Encroach and Variance; 1516 Brook Mill Court; Pool and
Landscaping; Dustin Carmack, Property Owner
l. Request for Storm Water Technical Standards Waiver; Tom Wood Jaguar – 4620 E.
96th Street; Roger Ward Engineering
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, October 5, 2022 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER 6
7
Board Member Mary Ann Burke called the meeting to order at 10:02 AM 8
9
MEMBERS PRESENT 10
11
Board Members Lori Watson, Mary Ann Burke, and Deputy Clerk Holly Harmeyer were present. 12
13
MINUTES 14
15
Minutes from the September 21, 2022 Regular Meeting. Board Member Burke moved to approve. Board Member 16
Watson seconded. Request approved 2-0. 17
18
BID/QUOTE OPENINGS AND AWARDS 19
20
Bid Opening for Brookshire Golf Course Cellular Tower and Equipment Building Addition 21
Sergey Grechukhin requested the bid opening be postponed to the October 19, 2022 Board of Public Works and 22
Safety Meeting, due to necessary spec changes affecting the bidding contractors. 23
Board Member Burke moved to postpone the opening. Board Member Watson seconded. Request approved 2-0. 24
25
PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 26
27
Resolution BPW 10-05-22-02; PJ Alterations; Erosion Control; Board Member Burke moved to approve. Board 28
Member Watson seconded. Resolution approved 2-0. 29
30
Resolution BPW 10-05-22-03; Aria Apartments; Erosion Control; Board Member Burke moved to approve. 31
Board Member Watson seconded. Resolution approved 2-0. 32
33
Resolution BPW 10-05-22-04; Troy Estates; ROW Improvements / Signs / Common Walk / Monuments; Board 34
Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 35
36
Resolution BPW 10-05-22-05; Michigan Road Self Storage; ROW Improvements; Board Member Burke moved 37
to approve. Board Member Watson seconded. Resolution approved 2-0. 38
39
CONTRACTS 40
41
Request for Purchase of Goods and Services; Altec Industries, Inc.; ($208,662.00); Sign Truck; Board Member 42
Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 43
44
Request for Purchase of Goods and Services; Insituform Technologies USA, LLC; ($181,507.60); 2022 Sewer 45
Lining Contract 111; Board Member Burke moved to approve. Board Member Watson seconded. Request 46
approved 2-0. 47
Resolution BPW 10-05-22-05; A Resolution of the City of Carmel Board of Public Works and Safety 48
Acknowledging Agreement Between City and Vendor; Sincerus, Inc.; ($11,490.00); Repatina Sculpture Repairs; 49
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 50
51
REQUEST TO USE CITY STREETS/PROPERTY 52
53
Request to Acknowledge Mayor’s Approval to Use Indiana Design Center Parking Lot; EV Ride and Drive; 54
October 1, 2022; 3:00 PM – 7:30 PM; Board Member Burke moved to acknowledge. Board Member Watson 55
seconded. Acknowledged 2-0. 56
57
Request to Acknowledge Mayor’s Approval to Use / Close City Streets and Mobile Stage; Carmel Porchfest - 58
October Late Night on Main; October 1, 2022; 2:00 PM – 11:59 PM; Board Member Burke moved to 59
acknowledge. Board Member Watson seconded. Acknowledged 2-0. 60
61
Request to Acknowledge Mayor’s Approval to Use / Close City Streets; Restoration of the Sophia Square Plaza 62
Apartments - Dumpster Placement; October 3-17, 2022; 7:00 AM Mondays – 5:00 PM Thursdays; Board Member 63
Burke moved to acknowledge. Board Member Watson seconded. Acknowledged 2-0. 64
65
Request to Use Midtown Plaza; The Arts in Autumn Festival (in Conjunction with Approved Meet Me on Main / 66
Midtown’s Got Talent Finals); Event Including Set-up / Tear Down: October 8, 2022, from 8:00 AM - 10:00 PM; 67
Tent: Afternoon of October 7 - Morning October 10, 2022; Board Member Burke moved to approve. Board 68
Member Watson seconded. Request approved 2-0. 69
70
Request to Use Civic Square Gazebo; 91.3 WHJE Charity Carnival; November 5, 2022; 9:00 AM – 6:00 PM; 71
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 72
73
Request to Use Alley; CAT Theater Additional Christmas Concert Parking; December 2, 2022, 8:00 AM - 9:00 74
PM; December 3, 2022, 8:00 AM - 5:00 PM; Board Member Burke moved to approve. Board Member Watson 75
seconded. Request approved 2-0. 76
77
Request to Use Midtown Plaza; Physique 57 “Meet us at Midtown Plaza!” Outdoor Classes - Fridays in October; 78
October 7, 14, 21, and 28, 2022; 11:00 AM - 1:00 PM; Board Member Burke moved to approve. Board Member 79
Watson seconded. Request approved 2-0. 80
81
Request to Use Civic Square Gazebo; Birthday Party; October 22, 2022; 4:00 PM – 8:00 PM; Board Member 82
Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 83
84
OTHER 85
86
Resolution BPW 10-05-22-01; A Resolution of the City of Carmel Board of Public Works and Safety Authorizing 87
Certain Improvements for the Sewage Works System of the City of Carmel, Indiana, the Issuance of Revenue 88
Bonds and Bond Anticipation Notes to Provide the Cost; Board Member Burke moved to approve. Board Member 89
Watson seconded. Resolution approved 2-0. 90
91
Request for Land Lease Agreement; A Thirty-Year Lease by and between Carmel Redevelopment Commission 92
and the City of Carmel for Operating a Cellular Tower and Equipment Building and No Others; Brookshire Golf 93
Course - 12120 Brookshire Parkway; ($10 per year); Board Member Burke moved to approve. Board Member 94
Watson seconded. Request approved 2-0. 95
96
Request for Consent to Encroach and Variance; 13120 Broad Street; Install Mulch Beds and Arborvitae; Board 97
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 98
99
Request for Grant of Perpetual Storm Water Quality Management Easement; Proscenium II; 1215 N Range Line 100
Road; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 101
102
Request for Path Closure; Springmill Road from Main Street to Dorset Boulevard; Facilitate Tree Removal; 103
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 104
105
Request for Right of Way Dedication; 10404 Ditch Road; Board Member Burke moved to approve. Board Member 106
Watson seconded. Request approved 2-0. 107
108
Request for Storm Water Technical Standards Waiver; 10404 Ditch Road; Board Member Burke moved to 109
approve. Board Member Watson seconded. Request approved 2-0. 110
111
Request for Street Closure; 13244 Frogmore Street - Mercer Street from Frogmore Street to Broad Street; Lift a 112
Spa; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 113
114
ADJOURNMENT 115
116
Board Member Mary Ann Burke adjourned the meeting at 10:05 a.m. 117
118
119
APPROVED: ____________________________________ 120
Sue Wolfgang – City Clerk 121
122
_____________________________________ 123
Mayor James Brainard 124
125
126
ATTEST: 127
__________________________________ 128
Sue Wolfgang – City Clerk 129
City of Carmel Project
2022 Paving Program
Change Order #2 – Bl ue Ref lect or Unit Cost
Change Order #2 is a changed unit price for Blue Reflectors.
Contract Price prior to this Change Order $ 3,334,047.10
Contract Price will be increased/decreased by this Change Order $ 29,100.00
New Contract Price including this Change Order $ 3,363,147.10
Amount Adjusted Contract
Price
Cumulative %
Change from
Original Contract
Original Contract $ 3,334,047.10 $ 3,363,147.10 N/A
CO2- Blue Reflectors
reduced from
$1,000/Unit to
$300/Unit
$3,363,147.10 $3,330,287.43 .87%
*
*Blue Reflectors were not included in original contract.
Version 2016-08-31
CITY OF CARMEL
TO: CONTRACT CHANGE ORDER NO.: 2
DATE: 10/12/22
PROJECT NAME: 2022 Paving Program
CITY REQ. NO.: N/A
CITY PO NO.: 106484
CITY PO DATE: 4/25/22 ____________
____________________________________________________________________
I.You are directed to make the following changes in this Contract:
Changer Order #2 is a changed unit price for Blue Reflectors.
SCHEDULED ADJUSTMENT
ITEM AMOUNT (+) OR (-) DAYS
Blue Reflector $29,100 0
II.The following referenced Documents further describe the changes outlined in Paragraph I, and are
to be considered a part of this Change Order: R.F.P.: __N/A____ W.D.C. No.: ___N/A__
Other:__See attached proposals________________________________________________
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price prior to this Change Order $_3,334,047.10
Contract Price will be increased/decreased by this Change Order $ 29,100.00
New Contract Price including this Change Order $_3,364,147.10
Contract Time Prior to this Change Order ___N/A___ Days __N/A_____ Completion Date
Net increased/decreased resulting from this Change Order_0____ Days
Current Contract Time including this Change Order_35____ Days 8/10/22 Completion Date
This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions
incurred at any time resulting from the performance of the changed work.
Version 2016-08-31
City of Carmel Rieth-Riley Construction, Inc.
STREET CONTRACTOR James Brainard, Mayor
3400 W. 131st Street 1751 W. Minnesota Street
Address Address Mary Ann Burke, Member
Carmel, IN 46074 Indianapolis, IN 46221
Lori Watson, Member
City/State/Zip City/State/Zip Matt Higginbotham,
Street Commissioner
By:
_____________________
By:
_____________________
ATTEST:
Phone:________________ Phone:________________
Sue Wolfgang, Clerk
Date:_________________ Date:___________________ Date: _________________
(317)733-2001
10/12/2022
----------February(H.H.)
Online Test Terms & Conditions of Lease
Fill-in all information; signature is required. Email all pages to: heidi@fpsi.com (or fax 916.294.4240).
DpnqsfifotjwfFybnjobujpoCbuufszxjuiQsbdujdbmTljmmtUftu)DFC0QTU* ONLINE TEST: _______________________________________________________
Subject to the following terms and conditions, Fire & Police Selection, Inc. (FPSI) hereby agrees to lease to the
DbsnfmGjsfEfqbsunfou-JO Client) the right touse FPSI’sonline entry-level
Nbsdi29-3134testduringtheir24-hour online examination on ____________________________. After this time, the online
test and link(s) will be inaccessible to the Client and applicants. The contract is effective when signed by both
parties. Under this contract, both parties agree to the following terms and conditions:
1. It is expressly understood that in selling the right to use its test(s), FPSI cannot guarantee compliance
with the civil rights laws or the requirements of federal or state enforcement agencies. Nor does FPSI
agree to stand as surety or otherwise immunize the Client from any civil rights liability that may result
from the Client’s use of the test. FPSI recommends to the Client that ajob analysis and validation study
would greatly improve the defensibility of the test(s). FPSI may provide consultation to the Client on a
time-and-charges basis, should its test be challenged.
2. FPSI retains title and ownership of the online test link and test materials. The test link and any
accompanying written materials are protected by United States copyright laws and international treaty
provisions. Therefore, the Client must treat the test link and test materials like any other copyrighted
material (e.g. a book or musical recording). The Client agrees to prevent any unauthorized copying ofthe
test link, test materials, orshared data with any individual outside ofthe Client’s organization.
3. In the event that the Client elects to use the test without any form of proctoring services, the Client
understands that FPSI will not verify the candidates’ identification and recognizes the challenges
associated with unproctored online testing. FPSI has incorporated a number of safeguards to mitigate the
nuances associated with unproctored testing but cannot control for dishonorable behavior. Inthe event
that the Client elects to use the proctoring services offered through FPSI, the Client agrees to pay the
fees for this optional service.
4. The right to use FPSI’s test link and test materials is leased to the Client for the internal use and benefit
of the Client only. The Client agrees not to sell, rent, lease, give, lend, or otherwise disclose or provide
the test link and test materials to any other employer or entity, or use the test link and test materials for the
benefit of any other employer or entity. The test link and test materials may not be reproduced or copied
without the written permission of FPSI. The Client agrees not to provide, disclose, or otherwise reveal
the test link and test materials to any persons except the members of the Client directly and necessarily
involved in test administration selections. If compromised in any capacity, the Client agrees to pay all
validation expenses associated with the materials compromised.
5. The Client is responsible for the security of the test link. It is understood by the Client that any security
breaches may adversely affect FPSI’s future ability to license orlease its test materials. FPSI reserves the
right to terminate the test link without notice if the Client fails tocomply with any provision of this
agreement.
6. The Client agrees that neither its officers, agents, employees, representatives, nor any persons in active
concert participation with it or them, shall modify, adapt, or alter the test materials in any way, or develop
any identical or similar tests without the prior consent, inwriting, of FPSI which shall retain the
copyright to all versions of the test materials.
Online Testing Lease Page 1
Fire & Police Selection, Inc.
www.fpsi.com (888) 990-3473
7. The Client agrees toprovide FPSI with a list of qualified candidates to include: First name, last name,
and e-mail address. This list should be provided in an excel spreadsheet to FPSI atleast ten (10) days
prior to the test administration in order for FPSI to generate test links for each applicant on the list
provided bythe Client. The links will beemailed to the applicants once generated.
8. The Client agrees to pay a base fee of $750 as a set-up fee each day (24-hour period) that a test
administration isactive inthe online testing platform. The Client agrees to pay $20 for each test link that
is generated, not test links used. A test link will be generated for each candidate on the list provided by
the Client (which may also include any test link(s) that are generated due to incorrect e-mails provided to
FPSI). The Client agrees to pay a scoring base fee of $50 as a set-up fee to compile the final test scores
and $1 for each candidate that tests. These fees do not include any optional proctoring fees which are
described below.
9. In the event that the Client requires proctoring services during the test administration, it shall identify
which one of the four (4) proctoring options will be implemented; see #10 on Page 3 of this lease to choose
option and allow at least 21 days of notice to FPSI prior to the desired test date.
The fees associated with the optional proctoring services will be charged at the rates described below:
Available
ComingSoon! NOW! AvailableNOW! AvailableNOW!
8 12 $25 40
The Client understands that the fees associated with the Automated Proctoring options described above
will be paid only for those candidates who take the test (i.e., accesses the test link) and agrees to pay the
fees associated with this optional service. The Client understands that the fees associated with the Live
Proctoring options described above will be paid for those candidates who register to take the test,
regardless of whether or not they complete the test and agrees to pay the fees associated with this optional
services. All Live Proctoring options requires adedicated proctor to be available for the scheduled test
time and will be charged in full to the Client for any candidate who fails tocancel their scheduled test
within 24 hours of the test time. The Client understands that Live Premium and Live Standard, which are
scheduled, rescheduled or canceled within 24 hours of examination, shall result in an additional charge of
5.00 (per test-taker per occurrence). Therefore, the Client will be charged $5 for every scheduled Live
Proctoring session that a candidate schedules, cancels, reschedules within 24 hours of the test time.
The Client may be given up to three (3) free test link credits to use for pre-testing purposes for the first
initial set-up if desired.
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Fire & Police Selection, Inc.
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10. In the event that the Client does not elect to utilize the optional proctoring services, FPSI shall score the
test within three (3) business days following the online test administration. FPSI shall provide the Client
with viable cutoff options for the test, none of which are binding to the Client. When possible, FPSI shall
conduct and complete an adverse impact analysis and report this information to the Client in the written
recommendation letter.
In the event that the Client elects to use the Automated Proctoring services, FPSI shall provide the test
results to the Client within five (5) business days following the online test administration. FPSI shall
provide the Client with viable cutoff options and test results for the test, none of which are binding to the
Client. When possible, FPSI shall conduct and complete anadverse impact analysis and report this
information to the Client in the written recommendation letter.
The Client understands that FPSI will not provide recommendations on removing candidates from the
testing process for any violations detected during the Automated Proctoring proctored test, but rather will
provide the Client with those candidates identified as having received violations during the proctored test
and access to the recorded test sessions for their review and determination of removing or maintaining the
candidates in the testing process.
In the event that the Client elects to use the Live Proctoring services, FPSI shall provide the test results to
the Client within seven (7) business days following the online test administration. FPSI shall provide the
Client with viable cutoff options for the test, none of which are binding to the Client. When possible,
FPSI shall conduct and complete an adverse impact analysis and report this information to the Client in
the written recommendation letter.
The Client understands that FPSI will not provide recommendations on removing candidates from the
testing process for any violations detected during the Live Standard proctored test, but rather will provide
the Client with those candidates identified as having received violations during the proctored test and
access to the recorded test sessions for their review and determination of removing or maintaining the
candidates in the testing process. However, if the Client elects to utilize the Live Premium proctoring
option, the proctor will remove candidates from the testing process in ‘real time’ for any violation that
occurs, after ample warnings are provided.
Optional Proctoring Service Selected Please Select One (1)
None
Automated Standard N/A
Automated Premium
Live Standard
Live Premium
11. FPSI will submit an invoice following the test administration closing date and cutoff score recommendation
for the number test links generated and any proctoring service, if applicable. Payment is due upon receipt of
FPSI’s invoice. A service fee of one and one-half percent (1-1/2%) per month (eighteen percent \[18%\] per
year) will becharged on all unpaid balances in excess ofthirty (30) days past due.
12. The Client should report any technical issues or problems with the test to FPSI immediately upon
discovery of such issues and FPSI will rectify the situation. FPSI will at all times respond in the most
rapid manner possible to minimize interruptions to the Client’s testing process for all issues related to its
online test/test materials. The Client agrees to hold harmless FPSI for any technical issue outside of its
control but related to the proctoring service’s “Terms of Use” (attached to this Lease Agreement).
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Fire & Police Selection, Inc.
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13. FPSI regularly conducts statistical evaluations ofall test items. Occasionally, test administrations will
reveal statistical limitation with the effectiveness or fairness of one or more items on a test administration.
FPSI reserves the right to either remove or modify such items when they are identified. Any necessary
changes will first be reported to the Client prior to any modifications to the test content.
14. Should the Client become the subject of any litigation or investigation by state or federal enforcement
agencies arising from the Client’s use of the Test materials, FPSI may provide consultation on a time-
and-charges basis at such hourly rates asmay then be current.
15. In the event that the Client elects to order paper-and-pencil tests in addition to using the online testing
platform, it shall agree to the following terms described in #16 – 22 below.
16. The Client is responsible for ordering Test Materials at least10 business days prior to the required day of
delivery by the client. The Client is responsible for the security of all Test Materials during the lease
period. It is understood by the Client that any security breaches may adversely affect FPSI’s future
ability to license or lease its Test Materials.
17. The Client agrees to have at least two employees count all written Test Materials and Test Booklets upon
receipt of each and to provide FPSI with email, telephone or facsimile notification within 48 hours of
receipt of any discrepancies between the amount FPSI shipped and the amount the Client received
followed by written notification within five days. If FPSI receives no such notification within the time
period specified, it will be assumed for purposes of this agreement that the Client received a complete
shipment as recorded by FPSI.
18. The Client also agrees to have at least two employees count all Test Materials and Test Booklets being
returned toFPSI, provide FPSI with a written record of the materials being returned and an identification
of those persons who counted them.
19. The Client agrees topay a 15% Cancellation Fee for the cost ofgoods if an order is cancelled after
anytest materials ordered by the Client have been printed and/or shipped to the Client from FPSI.
20. The Client’s lease costs are based on the options selected by the Client and will be determined at the time
of ordering. These charges will be based on current FPSI Rental/Licensor Rates. Orders submitted
within 72 hours of the actual test date will be subject to a Rush Order Fee.
21. The Client must return all used and unused Test Materials and Booklets preferably via Federal Express
FedEx) or United Parcel Service (UPS) to FPSI within twenty (20) business days after each the test
administration and is responsible for the cost of the return. The Client will be charged the current billable
rates for any Test Booklet(s) not returned within twenty (20) business days or that are missing any pages
or whole booklets. This charge is tocover the development cost for a replacement test. If you only have
access to shipping via the United States Postal Service (USPS--Mail) you must use the USPS Tracking
service so all boxes are tracked during the mailing/shipping process.
22. The Client agrees to pay a15% Restocking Fee for unused written test booklets (and Study Guides if
applicable) that are being returned. An unused Test Booklet is one whose seal is not broken, and any
unused Study Guide is one not damaged in the return shipment. If any unused Test Booklet or Study
Guide is damaged from the return shipment due to lack of proper packing or taping of the box, the Client
will pay full price asnoted in our price sheet for each damaged item. The Client will also be charged for
any shipping of materials (at cost).
Signatures Required on the Following Page…
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Fire & Police Selection, Inc.
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Client Information and Signature
City or Department: ____________________________________________________ State: ________
Name: ___________________________________________________________________
Title: ____________________________________________________________________
Email: ____________________________________________________________________
Signature: _______________________________________ Date: _____________________
Fire & Police Selection, Inc. (FPSI)
1:04103133Date:
Signature:
Name: Stacy Bell, M.S. Title: President
Online Testing Lease Page 5
Fire & Police Selection, Inc.
www.fpsi.com (888) 990-3473
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
CzTfshfzHsfdivlijobu3;68qn-Pdu15-3133
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services
requested.
3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided
is correct and complete.
3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for
Professional to perform the Services.
3.4City shall designate payment of the Services from City budget appropriation number 1192 101 43-404.00 funds.
3.5City shall designate the Mayor or his duly authorized representative to act on CityÓs behalf on all matters
regarding the Services.
SECTION 4 PROFESSIONAL'S RESPONSIBILITIES
4.1Professional 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 City 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 City hereunder shall be no more
than Forty Four Thousand Seven Hundred Sixty Dollars ($44,670.00) (the ÐEstimateÑ). Professional shall
submit an invoice to City no more than once every thirty (30) days for Services provided City during the time
period encompassed by such invoice. Invoices shall be submitted on aform containing the same information
as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by
this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice
within thirty five (35) days from the date of CityÓs receipt of same.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the
Estimate, without CityÓs prior written consent.
SECTION 6 TERM
2
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
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, 2022, 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 City or Professional, without cause, upon thirty (30) daysÓ notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated
by City, for cause, immediately upon ProfessionalÓs receipt of CityÓs ÐNotice to Cease Services.Ñ
7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation
hereunder, Professional shall be paid for all 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
City 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 City 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 City for and from any and all
costs, fees, expenses and/or damages incurred by City 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.
7.5 Insurance
7.5.1 Professional shall, as acondition precedent to this Agreement, purchase and thereafter maintain such
3
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
insurance as will protect it and City from the claims set forth below which may arise out of or result from
Professional'soperations under this Agreement, whether such operations be by Professional or by its
subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose
acts any of them may be liable:
1)Claims under Worker's Compensation and Occupational Disease Acts, and any other
employee benefits acts applicable to the performance of the work;
2)Claims for damages because of bodily injury and personal injury, including death, and;
3)Claims for damages to property.
Professional's insurance shall be not less than the amounts shown below:
A.Commercial General Liability (Occurrence Basis)
Bodily Injury, personal injury, property damage,
Contractual liability, product/completed operations
Each Occurrence Limit $1,000,000.00
Damage to Rented Premises $100,000.00
each
occurrence)
Medical Expense Limit $5,000.00
Personal and Advertising Injury Limit $500,000.00
General Aggregate Limit $2,000,000.00 (Other than
Products Completed
Operations)
NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT
Products/Completed Operations $1,000,000.00
B.Auto Liability$1,000,000.00 (combined
single limit) (owned, hired & non-owned)
Bodily injury & property damage $1,000,000.00
each accident
C.Excess/Umbrella Liability $2,000,000 (each occurrence
and aggregate)
D.Worker's Compensation & DisabilityStatutory
4
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
E.EmployerÓs Liability:
Bodily Injury by Accident/Disease: 100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
F.Professional Liability Insurance. The Professional shall carry and maintain during the
continuance of this Agreement, professional liability insurance in the amount of
2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's
policy of insurance shall contain prior acts coverage sufficient to cover all Services
performed by the Professional for this Project. Upon City's request, Professional shall
give prompt written notice to City of any and all claims made against this policy during
the period in which this policy is required to be maintained pursuant to this Agreement.
If the insurance is written on a claims-made basis and coverage is cancelled at any
time, the Professional will obtain, at its cost, an extended reporting endorsement
which provides continuing coverage for claims based upon alleged acts or omissions
during the term of the Agreement until all applicable statute of limitation periods have
expired.
7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an
additional insured," showing such coverage then in force (but not less than the amount shown above)
shall be filed with City prior to commencement of any work. These certificates shall contain a provision
that the policies and the coverage afforded will not be canceled until at least thirty (30) days after
written notice has been given to City.
7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for
those specified if the total amount of required protection is not reduced. Professional shall be
responsible for all deductibles.
7.5.4 Nothing in the above provisions shall operate as or be construed as limiting the amount of liability
of Professional to the above enumerated amounts.
7.6 Liens
Professional shall not cause or permit the filing of any lien on any of CityÓs property. In the event such alien is
filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to
pay or bond over such lien at ProfessionalÓs 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
5
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
Agreement, including ProfessionalÓs 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 City specifying same; or (d) becomes insolvent,
files, or has filed against it, a petition for receivership, makes ageneral assignment for the benefit of creditors
or dissolves, each such event constituting an event of default hereunder, City 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 ProfessionalÓs
performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated
herein by this reference, to keep all of ProfessionalsÓ required professional licenses and certifications valid and
current, and to indemnify and hold harmless City 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 City 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.
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
6
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
Pursuant to I.C. § 22-5-1.7et 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 C,
which is an Affidavit affirming that: (i) Professional isenrolled 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 C. In support of the Affidavit, Professional shall provide the City
with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not
take effect until said Affidavit issigned by Professional and delivered to the CityÓs 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 acopy of the certification to the City 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 aperson 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 (ÐCure PeriodÑ). Should the Professional or any subcontractor of
Professional fail to cure within the Cure Period, the City 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 acourt 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.
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:
CITY:
City of Carmel City of Carmel
Department of Community Services Office of Corporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
PROFESSIONAL:
7
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
GPD Group, Inc.
520 South Main St, Suite 2531
Akron, Ohio 44311
Notwithstanding the above, City 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 (ÐEffective DateÑ) 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.
7.17 Non-Assignment
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without CityÓs
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
8
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
Each party hereto represents and warrants that itis 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
All 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
City 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. City agrees that all ownership rights and copyrights thereto lie
with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will
take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and
security of ProfessionalÓs 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 City. 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.
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. City 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
9
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
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 isproperly coordinated with related work being carried on within CityÓs organization.
7.26 Debarment And Suspension
7.26.1 The Professional certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term ÐprincipalÑ for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Professional.
7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status
for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Professional shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the CityÓs
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
7.27 Access to Public Records Act
Professional understands and agrees that any Ðpublic recordÑ, 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 City, shall be subject to release under and pursuant to the
provisions of IndianaÓs Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as
amended.
7.28 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.
10
Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPDGroup.
Departmentof CommunityServices - 2022
Appropriation #119210143-404.00Fund; P.O.#106798
ContractNotToExceed $44,760.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA Glaus, Pyle, Schomer, Burns & DeHaven. Inc. dba GPD
Group
by and through its Board of Public
Works and Safety
BY: BY:
James Brainard, Presiding Officer Authorized Signature
Date:
JPrintedName:
Title:
Mary Ann Burke, Member
Date: FID/TIN:
Lori S. Watson, Member Date:
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
11
Exhibit A
2022
t
FOC Hmbktcdr9 GPD Group respectfully submits the following pricing
below:
TaskPrice Thank you for the opportunityto submit this proposal. If you haveany questionsor would liketo discuss this information further, pleasefeel freeto contact
me. Respectfully
Submitted, Traci
Preble Project
Manager GPD
Group tpreble@gpdgroup.
com 8275 Allison Pointe Trail, Suite 220| Indianapolis, IN 46250| 330.572.2100 | gpdgroup.com 317-295-
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
9/12/2022
GPD GROUP
SUITE 2531
AKRON, OH 44311 -
106798
520 SOUTH MAIN ST
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
Brookshire Golf Club
Dept of Community Service
1 Civic Square
Carmel, IN 46032-
373423
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
68922
1192Department:101Fund:General Fund
43-404.00Account:
Consulting1 $44,760.00 $44,760.00Each
44,760.00SubTotal
44,760.00
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
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.
CONTROL NO. 106798
ORDERED BY
TITLE
CONTROLLER
Dept of Community Service
1 Civic Square
Carmel, IN 46032-
Mike Hollibaugh
Director
CzTfshfzHsfdivlijobu3;68qn-Tfq41-3133
Exhibit A
RESOLUTION NO. BPW 10-19-22-01
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter
into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard,
has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
SO RESOLVED this day of , 2022.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement CC&TConstruction, Inc.docx10/4/20229:40AM
19th October
Exhibit A
9/27/2022
CC & T CONSTRUCTION INC
INDIANAPOLIS, IN 46203 -
106834
5051 PROSPECT ST
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001
033150
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
69228
2201Department:2201Fund:Motor Vehicle Highway FND
43-509.00Account:
Concrete - Village Of WestClay1 $58,000.00 $58,000.00Each
58,000.00SubTotal
58,000.00
Send Invoice To:
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
C.O.D. SHIPMENT CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
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.
CONTROL NO. 106834
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham James Crider
317) 733-2001
Commissioner Director of Administration
CzTfshfzHsfdivlijobu3;69qn-Tfq41-3133
Telamon Energy, LLC
Utilities Department - 2022
Appropriation #06-1050-95 Fund; P.O.#W10133
Contract Not To Exceed $49,500.00
SECTION 3 CITY'S RESPONSIBILITIES
3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services
requested.
3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided
is correct and complete.
3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for
Professional to perform the Services.
3.4 City shall designate payment of the Services from City budget appropriation number 06-1050-95 funds.
3.5 City shall designate the Mayor or his duly authorized representative to act on City’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 City 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 City hereunder shall be no more
than Forty Nine Thousand Five Hundred Dollars ($49,500.00) (the “Estimate”). Professional shall submit an
invoice to City no more than once every thirty (30) days for Services provided City 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 provided to the Professional. City shall pay Professional for all
undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s
receipt of same.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the
Estimate, without City’s prior written consent.
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2
Telamon Energy, LLC
Utilities Department - 2022
Appropriation #06-1050-95 Fund; P.O.#W10133
Contract Not To Exceed $49,500.00
SECTION 6 TERM
Unless otherwise terminated in accordance with the termination provisions set forth inSection 7.1 hereinbelow,
this Agreement shall be in effect from the Effective Date through December 31, 2022, 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 City 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 City, for cause, immediately upon Professional’s receipt of City’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 all 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
City 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 City 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 City for and from any and all
costs, fees, expenses and/or damages incurred by City 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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3
Telamon Energy, LLC
Utilities Department - 2022
Appropriation #06-1050-95 Fund; P.O.#W10133
Contract Not To Exceed $49,500.00
7.5 Insurance
7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such
insurance as will protect it and City from the claims set forth below which may arise out of or result from
Professional's operations under this Agreement, whether such operations be by Professional or by its
subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose
acts any of them may be liable:
Professional represents that its employees are leased employees from Telamon Corporation, and that
Telamon Corporation carries Workmen’s Compensation Insurance covering all liability which may accrue by
reason of the Indiana Workmen’s Compensation Act related to employees leased to Professional. The
coverage shall be in an insurance company licensed to do business in the State of Indiana and which meets
with the approval of Customer, with limits as shown below:
Workers Compensation:
Statutory limits for worker’s compensation
Employer’s liability limits of $500,000 bodily injury by accident each accident,
500,000 bodily injury by disease policy limits and $500,000 bodily injury by disease
each employee.
Professional shall also provide evidence, in the form of an insurance certificate, of the
following insurance coverages naming the City of Carmel as an additional insureds
with the limits as shown below.
General Liability:
Each Occurrence $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal Injury and Advertising Injury $1,000,000
Automobile Liability:
Combined Single Limit $1,000,000
7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an "additional
insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with
City prior to commencement of any work. These certificates shall contain a provision that the policies and the
coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City.
7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those
specified if the total amount of required protection is not reduced. Professional shall be responsible for all
deductibles.
7.5.4 Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of
Professional to the above enumerated amounts.
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4
Telamon Energy, LLC
Utilities Department - 2022
Appropriation #06-1050-95 Fund; P.O.#W10133
Contract Not To Exceed $49,500.00
7.6 Liens
Professional shall not cause or permit the filing of any lien on any of City’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, City 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 City 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, City 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 City 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 City 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.
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.
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5
Telamon Energy, LLC
Utilities Department - 2022
Appropriation #06-1050-95 Fund; P.O.#W10133
Contract Not To Exceed $49,500.00
7.11 E-Verify
Pursuant to I.C. 22-5-1.7, Professional shall enroll in and verify the work eligibility status of all newly hired
employees of Professional through the E-Verify Program (“Program”). Professional is not required to verify the
work eligibility status of all newly hired employees through the Program if the Program no longer exists. Also,
pursuant to I.C. 22-5-1.7, Professional must execute an affidavit affirming that the Professional does not
knowingly employ an unauthorized alien and confirming the Professional’s enrollment in the Program, unless
the Program no longer exists, which Affidavit shall be filed with the Customer prior to the execution of this
Agreement.
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.
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:
CITY:
City of Carmel City of Carmel
Utilities Department Office of Corporation Counsel
nd30WMainSt, 2 Floor One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
PROFESSIONAL:
Telamon Energy, LLC
th1000E116 Street
Carmel, Indiana 46032
Attn: Bruce Breeden
Notwithstanding the above, City 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.
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6
Telamon Energy, LLC
Utilities Department - 2022
Appropriation #06-1050-95 Fund; P.O.#W10133
Contract Not To Exceed $49,500.00
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.
7.17 Non-Assignment
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’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
All 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.
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7
Telamon Energy, LLC
Utilities Department - 2022
Appropriation #06-1050-95 Fund; P.O.#W10133
Contract Not To Exceed $49,500.00
7.22 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 City. 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.
7.23 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. City 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.
7.24 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 City’s organization.
7.25 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 City, 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.
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.
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8
EXHIBIT A
SCOPE OF SERVICES TO BE
PROVIDED BY THE TELAMON ENERGY TO
CITY OF CARMEL
Pursuant to the Agreement for Professional Services, dated _____, 2022, by and between City of Carmel
Customer”) and Telamon Energy, LLC (“Professional”), Professional agrees to provide the following
services to engineer and manage the roof replacement project\[s\] to be located at the Water Tower.
Scope of Professional Services to be Provided: (per cent of total project cost)
1. Providing a structural engineering analysis for the utility operations building 25%
2. Hiring a roofing contractor to assist with bid preparations and writing specifications 25%
3. Redesign of the rooftop to accommodate solar 25%
4. Initial analysis for potential street department solar 25%
I. Professional Fees:
The professional fee for the above scope of work including all engineering design and professional service
fees incurred or to be incurred going forward to the completion of the project is $21,500.00 for the
anticipated project. This fee is to be billed not more than every 30 days on a percent (%) complete basis.
II. Reimbursable Expenses:
If the Professional incurs any of the following expenses then the Customer shall reimburse the following
fees to the Professional
1. Permitting Fees
2. Survey if not already available.
AMENDMENT TO CUSTOMER ORDER 2058625
This Amendment to Customer Order 2058625 (the “Amendment”) is made and entered into as of
the last date of execution below (the “Effective Date”), by and between Zayo Group, LLC
(“Zayo”) and the City of Carmel, by and through its Board of Public Works and Safety
(“Customer”) (each a “Party” and collectively the “Parties”).
WHEREAS, Zayo and Customer are parties to that certain Customer Order 2058625,
signed by Customer on June 17, 2022 (the “Original Order”); and,
WHEREAS, an error was found in the Original Order necessitating a revision and resulting
in a revised Customer Order 2058625, signed by the Customer on July 13, 2022 (the “Revised
Order”); and,
WHEREAS, the Parties desire to memorialize this change through this Amendment.
NOW THEREFORE, for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledge, the Parties agree as follows:
1. Original Order. The Parties agree that the Original Order is null and void, neither Party
owing the other any duty or obligation under the Original Order.
2. Correct Governing Contracts. The Governing MSA and Schedule under Contract Details of
the Revised Order are deleted and replaced with the following:
Governing MSA City of Carmel Master Customer Agreement 2022-05-31
Schedule City of Carmel Customer Schedule Ethernet, IP & WANs 2022-06-21
3. Ratification: Except as specifically set forth in this Amendment, the Revised Order is hereby
affirmed in all respects and all other terms, covenants and conditions of the Revised Order shall
remain unchanged and shall continue in full force and effect.
CITY OF CARMEL, INDIANA Zayo Group, LLC
by and through its Board of Public
Works and Safety
By: By:
James Brainard, Presiding Officer Authorized Signature
Date:
Printed Name
Mary Ann Burke, Member
Date:
Title
Lori S. Watson, Member FID/TIN: ______
Date:
ATTEST: Date: ______
Sue Wolfgang, Clerk
Date:
DocuSign Envelope ID: 1E0151FD-5446-4AD0-8BB6-BDF708732A54
26-1398293
Tonya Miller
Principal/Sr Sales Manager
October 12, 2022
CLERK 10-12-22
BPW 10-19-22
REVIEWED/APPROVED VIA EMAIL
CRED BREWER 10-5-22
CPD HORNER 10-5-22
CFD HEAVNER 10-5-22
CLERK 10-12-22
BPW 10-19-22
REVIEWED APPROVED VIA EMAIL
CFD HEAVNER 10-10-22
CPD HORNER 10-10-22
CRED BREWER 10-10-22
CLERK 10-12-22
BPW 10-19-22
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 10-3-22
CFD HEAVNER 10-3-22
CRED BREWER 10-3-22
CLERK 10-12-22
BPW 10-19-22
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 10-3-22
CFD HEAVNER 10-3-22
CRED BREWER 10-3-22
CPA ADAMS 10-3-22
HOTEL CARMICHAEL AHERN 10-3-22
REI LEITSCHUH 10-3-22
CLERK 10-12-22
BPW 10-19-22
REVIEWED/APPROVED VIA EMAIL
CFD HEAVNER 10-10-22
CPD HORNER 10-10-22
CRED BREWER 10-10-22
CLERK 10-12-22
BPW 10-19-22
REVIEWED/APPROVED VIA EMAIL
CRED BREWER 10-5-22
CPD HORNER 10-5-22
CFD HEAVNER 10-5-22
RESOLUTION NO. BPW 10-19-22-04
A RESOLUTION REQUESTING THE FINANCING, CONSTRUCTION, AND
DEDICATION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE
IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF
PARKS AND RECREATION IMPACT FEES {"PRIF") AND APPROVING A PRIF
CREDIT AGREEMENT
WHEREAS, Indiana Code 36-7-4-1335 permits the application of a credit against the payment of
impact fees for persons who construct or provide certain infrastructure or other improvements of a type for
which a unit imposes an impact fee in an impact zone; and,
WHEREAS, City of Carmel Unified Development Ordinance § 1.3(F) permits the City of Carmel
Board of Public Works and Safety ("Board") to request that any person otherwise required to pay PRIF to
instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation
Infrastructure Impact Zone ("Impact Zone") located in Clay Township, Indiana and over which the City of
Carmel, Indiana ("City") exercises planning and zoning jurisdiction; and,
WHEREAS, City of Carmel Unified Development Ordinance § 1.3(F) also permits the Board to
determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain
infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize
this determination in a credit agreement ("Credit Agreement"); and,
WHEREAS, the Board now desires to request that Village Capital Corporation, an Indiana For
Profit Corporation ("Village Capital"), finance infrastructure or improvements that meet the requirements
set forth in Indiana Code § 36-7-4-1335(a), in exchange for a PRIF credit the Board has determined should
be in the amount of exactly Three Hundred Eighty Thousand, Seven Hundred Ninety-Six Dollars
($380,796.00); and,
WHEREAS, Village Capital shall execute and return to the Board the Credit Agreement set forth
on attached Exhibit A, the same being incorporated herein by this reference, prior to the issuance of the
improvement location fee for that certain improvement identified on attached Exhibit B, the same being
incorporated herein by this reference; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City
of Carmel, Indiana as follows:
1.The foregoing Recitals are incorporated herein by this reference.
2.The Board hereby requests that Village Capital Corporation finance infrastructure or
improvements that meet the requirements set forth in Indiana Code§ 36-7-4-1335(a) in exchange for a PRIF
credit the Board has determined should be in the amount of exactly $380,796.00, pursuant to the terms and
conditions set forth hereinabove.
3.The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit A.
4.Henry Mestetsky, on behalfof the City and the Board, is hereby authorized and directed to take
such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution.
Mr. Mestetsky shall deposit the entire credited amount of PRIF into City Fund #902. These funds shall be
drawn upon to finance the construction of Parks and Recreation infrastructure and improvements that meet
the requirements oflndiana Code § 36-7-4-1335(a).
19th October
RESOLUTION NO. BPW 10-19-22-05
A RESOLUTION REQUESTING THE FINANCING, CONSTRUCTION, AND
DEDICATION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE
IMPROVEMENTS IN LI EU OF AND AS A CREDIT AGAINST THE PAYMENT OF
PARKS AND RECREATION IMPACT FEES ("PRIF") AND APPROVING A PRIF
CREDIT AGREEMENT
WHEREAS, Indiana Code 36-7-4-1335 permits the application of a credit against the payment of
impact fees for persons who construct or provide certain infrastructure or other improvements of a type for
which a unit imposes an impact fee in an impact zone; and,
WHEREAS, City of Carmel Unified Development Ordinance § l .3(F) permits the City of Carmel
Board of Public Works and Safety ("Board") to request that any person otherwise required to pay PRJF to
instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation
Infrastructure Impact Zone ("Impact Zone") located in Clay Township, Indiana and over which the City of
Carmel, Indiana ("City") exercises planning and zoning jurisdiction; and,
WHEREAS, City of Carmel Unified Development Ordinance § 1.3(F) also permits the Board to
determine the amount of PRJF credit any person requested to finance, construct, and dedicate certain
infrastructure or improvements in the Impact Zone in lieu of PRJF payment shall receive, and to memorialize
this detem1ination in a credit agreement ("Credit Agreement"); and,
WHEREAS, the Board now desires to request that Pedcor Housing Corporation, a California,
Foreign For-Profit Corporation ("Pedcor"), finance infrastructure or improvements that meet the
requirements set forth in Indiana Code § 36-7-4-1335(a), in exchange for a PRJF credit the Board has
determined should be in the amount of exactly One Hundred Seventy-Five Thousand, Seven Hundred Fifty
Two Dollars ($175,752.00); and,
WHEREAS, Pedcor shall execute and return to the Board the Credit Agreement set forth on
attached Exhibit A, the same being incorporated herein by this reference, prior to the issuance of the
improvement location fee for that certain improvement identified on attached Exhibit B, the same being
incorporated herein by this reference; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City
of Carmel, Indiana as follows:
1.The foregoing Recitals are incorporated herein by this reference.
2.The Board hereby requests that Pedcor Housing Corporation finance infrastructure or
improvements that meet the requirements set forth in Indiana Code§ 36-7-4-1335(a) in exchange for a PRJF
credit the Board has determined should be in the amount of exactly $175,752.00, pursuant to the terms and
conditions set forth hereinabove.
3.The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit A.
4.Henry Mestetsky, on behalfof the City and the Board, is hereby authorized and directed to take
such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution.
Mr. Mestetsky shall deposit the entire credited amount of PRIF into City Fund #902. These funds shall be
drawn upon to finance the construction of Parks and Recreation infrastructure and improvements that meet
the requirements oflndiana Code § 36-7-4-1335(a).
19th October
2023 Insurance Rate Resolution
RESOLUTION BPW 10-19-22-06
A RESOLUTION SETTING 2023 CITY AND PARTICIPANT CONTRIBUTION
RATES FOR THE CITY OF CARMEL EMPLOYEE HEALTH BENEFIT PLAN
WHEREAS, the City of Carmel operates the City of Carmel Employee Health Benefit
Plan (the “Plan”) to provide medical and dental benefits for its employees and retirees; and
WHEREAS, the Board of Public Works and Safety, as Plan Administrator, is responsible
for ensuring adequate current and reserve funding for the Plan; and
WHEREAS, the primary source of revenue for the Plan consists of bi-weekly employer
and participant contributions; and
WHEREAS, it is imperative for Plan revenues to correspond with anticipated expenses;
and
WHEREAS, the City wishes to encourage employees to enroll in the consumer-driven
health care plan.
NOW, THEREFORE, BE IT RESOLVED by the Carmel Board of Public Works and
Safety as follows:
Effective January 1, 2023, health insurance contribution rates for the City and for its Active
Employees will be as stated on Attachment A, for Common Council Members as stated on
Attachment B, for Retirees as stated on Attachment C and for COBRA participants as stated on
Attachment D, all incorporated herein by this reference.
BE IT FURTHER RESOLVED that participants who meet the stated requirements will be
eligible for the incentive described below:
1. The City will make a bi-weekly contribution into the Health Savings Account (HSA) of an
Active Employee or Common Council Member who is eligible for an HSA, in the following
amounts:
a. $30.77 for employee only coverage
b. $38.46 for employee/spouse or employee child(ren) coverage
c. $46.15 for family coverage
All City HSA contributions in 2023 shall be deposited to employee accounts at Indiana
Members Credit Union.
A Retiree who elects to enroll in Plan A shall receive an equivalent amount by check, half in
February and half in August.
2023 Insurance Rate Resolution
The HSA contribution amount will change if and when the participant’s level of coverage
changes, and contributions will cease if coverage is cancelled or, in the case of an Active
Employee or a Common Council Member, if the employment relationship is terminated.
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
____ day of _____________, 2022, by a vote of ______ ayes and ______ nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
___________________________________
James Brainard, Presiding Officer
Date: ______________________
___________________________________
Mary Ann Burke, Board Member
Date: ______________________
___________________________________
Lori Watson, Board Member
Date: ______________________
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Date: ______________________
19th October
2023 Insurance Rate Resolution
ATTACHMENT A
ACTIVE EMPLOYEES
2023 BI-WEEKLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $383.00 $327.00 85% $56.00 15%
Employee/Spouse $884.00 $755.00 85% $129.00 15%
Employee/Child(ren) $811.00 $693.00 85% $118.00 15%
Employee/Family $1,325.00 $1,132.00 85% $193.00 15%
Plan B (PPO)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $450.00 $362.00 80% $88.00 20%
Employee/Spouse $1,039.00 $836.00 80% $203.00 20%
Employee/Child(ren) $955.00 $768.00 80% $187.00 20%
Employee/Family $1,559.00 $1,254.00 80% $305.00 20%
Dental
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $33.00 $24.75 75% $8.25 25%
Employee/Spouse $60.00 $45.25 75% $14.75 25%
Employee/Child(ren) $56.00 $42.25 75% $13.75 25%
Employee/Family $83.00 $62.50 75% $20.50 25%
2023 Insurance Rate Resolution
ATTACHMENT B
COMMON COUNCIL MEMBERS
2023 BI-WEEKLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $383.00 $289.00 75% $94.00 25%
Employee/Spouse $884.00 $667.00 75% $217.00 25%
Employee/Child(ren) $811.00 $612.00 75% $199.00 25%
Employee/Family $1,325.00 $1,000.00 75% $325.00 25%
Plan B (PPO)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $450.00 $339.00 75% $111.00 25%
Employee/Spouse $1,039.00 $784.00 75% $255.00 25%
Employee/Child(ren) $955.00 $721.00 75% $234.00 25%
Employee/Family $1,559.00 $1,177.00 75% $382.00 25%
Dental
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $33.00 $24.75 75% $8.25 25%
Employee/Spouse $60.00 $45.25 75% $14.75 25%
Employee/Child(ren) $56.00 $42.25 75% $13.75 25%
Employee/Family $83.00 $62.50 75% $20.50 25%
2023 Insurance Rate Resolution
ATTACHMENT C
RETIREES
2023 MONTHLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $829.00 $0.00 0% $829.00 100%
Employee/Spouse $1,915.00 $0.00 0% $1,915.00 100%
Employee/Child(ren) $1,757.00 $0.00 0% $1,757.00 100%
Employee/Family $2,872.00 $0.00 0% $2,872.00 100%
Plan B (PPO)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $976.00 $0.00 0% $976.00 100%
Employee/Spouse $2,251.00 $0.00 0% $2,251.00 100%
Employee/Child(ren) $2,069.00 $0.00 0% $2,069.00 100%
Employee/Family $3,377.00 $0.00 0% $3,377.00 100%
Dental
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $71.00 $0.00 0% $71.00 100%
Employee/Spouse $130.00 $0.00 0% $130.00 100%
Employee/Child(ren) $121.00 $0.00 0% $121.00 100%
Employee/Family $180.00 $0.00 0% $180.00 100%
2023 Insurance Rate Resolution
ATTACHMENT D
COBRA
2023 MONTHLY HEALTH INSURANCE RATES
SURCHARGES AND DISCOUNTS MAY BE APPLIED TO THE RATES BELOW
Plan A (HDHP)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $846.00 $0.00 0% $846.00 100%
Employee/Spouse $1,953.00 $0.00 0% $1,953.00 100%
Employee/Child(ren) $1,792.00 $0.00 0% $1,792.00 100%
Employee/Family $2,930.00 $0.00 0% $2,930.00 100%
Plan B (PPO)
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $996.00 $0.00 0% $996.00 100%
Employee/Spouse $2,296.00 $0.00 0% $2,296.00 100%
Employee/Child(ren) $2,110.00 $0.00 0% $2,110.00 100%
Employee/Family $3,445.00 $0.00 0% $3,445.00 100%
Dental
Total Premium City Portion
City
% Employee Portion Employee %
Employee Only $72.00 $0.00 0% $72.00 100%
Employee/Spouse $133.00 $0.00 0% $133.00 100%
Employee/Child(ren) $123.00 $0.00 0% $123.00 100%
Employee/Family $184.00 $0.00 0% $184.00 100%
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September 23, 2022
Lisa Hartz
City of Carmel
2023 Renewal Confirmation
Dear Lisa :
Thank you for renewing your benefit plans and programs with Anthem Blue Cross and Blue Shield for the 2023 plan
year. We look forward to another year of partnering together to deliver better care to our members, providing greater
value to you, our customer, and helping improve the health of our communities.
The purpose of this letter is to confirm benefits, programs, fees and other terms for the upcoming renewal year. Please
review the items below carefully and provide your approval by signing this letter and returning it, via email to your
Anthem Account Team. You may also send an email to your Anthem Account Team containing the renewal information
indicating your approval.
2023 PLANS and PRODUCTS
Active Plans for 2023
➢ PPO
➢ HSA
➢ Dental
Renewing Products
➢ Clinical programs:
o ASO Enhanced Foundational
➢ LiveHealth Online
Terming Products
➢ None
2023 Benefit Plan Changes:
• Both medical plans – update benefit for ABA therapy to follow Anthem standard benefit – precertification
required. Remove weekly limit of 20 hours.
• PPO plan – update behavioral health outpatient facility and professional to deductible/coinsurance
• PPO plan – update emergency room benefits – facility and professional – to $250 copay + coinsurance – no
deductible required
Megan Walker
Anthem Blue Cross & Blue Shield
220 Virginia Ave.
Indianapolis, IN 46204
2 | P a g e
Annual Benefit Changes (check if accepting – unchecked if excluding):
☐ Virtual Primary Care
☐ LHO Diabetes Prevention Outreach
☐ LHO PCP and Mental Health Copay ($0 copay for PPO; Ded/$0 for HSA)
☐ Kidney Benefit – Human Organ and Tissue Transplant (kidney transplants covered under the HOTT benefit at a COE)
Other Renewal/Change Information:
➢ ID Cards: Changes only, will not mass-reprint ID cards.
Financial Terms and Guarantees
➢ Financial terms to follow. Updated pharmacy pricing document included with signature paperwork.
It is our pleasure to work with you. We look forward to continuing our relationship for many years to come. On behalf
of Anthem, thank you for your business.
Sincerely,
Megan Walker
City of carmel authorized signature/ date
Confirmation of 2023 Benefit/Program/Financial Changes
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
19th October 22
Exhibit A
Exhibit A