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HomeMy WebLinkAboutBPW-09-03-08-01 Ratify Attorney SignatureRESOLUTION NO. BPW-09-03-08-01 WHEREAS, on account of a serious gasoline spill in the City; the City Attorney needed to protect the City's interests and the public's health, safety and welfare by immediately engaging the services of an environmental attorney; and WHEREAS, due to the exigencies of time, Carmel City Attorney Douglas C. Haney executed. that certain engagement letter ("Agreement"), attached and incorporated herein as Exhibit "A"; and WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above actions of City Attorney Douglas Haney and to adopt the same as the act of the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, that: I. The foregoing Recitals are fully incorporated herein by this reference. 2. The actions of City Attorney Douglas C. Haney in executing the Agreement are hereby ratified and such actions are hereby approved and adopted by the Board as its own. Approved and Adopted this day of 2008. 11 U CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Jai es Brainard, Presiding Officer Date: 1 9'-3 -06D Lori S. Date: (.e:m,.mex?im?ra.,??h?'+manm,mn?ae?rynary. uwv?-vim mwe? m.s.:,eavay? Date: r 7 ___7 I Department of Law Line Item No. 430-4000; P.O. No. 18270 Contract Not To Exceed $5,000.00 LAW OFFICES GREGORY K. SILVER 342 MASSACHUSETTS AVE., NO. 400 INDIANAPOLIS, INDIANA 46204-2161 Telephone: (317) 263-9417 / (317) 263-9418 Fax: (317) 263-9416 August 22, 2008 Douglas C. Haney, Esq. City Attorney City of Carmel One Civic Square Carmel, Indiana 46032 RE: Petroleum Spill 8-20-08 Dear Mr. Haney: Per the request of you and the Mayor, I am, unless otherwise directed in writing by you, to represent the City in all aspects of the above oil/petroleum spill in the City of Cannel on August 20, 2008. The duties would include investigation of legal options and claims, and legal advice to protect the City and to seek damages for such spill from all legally obligated parties, including, but not limited to, Mike Worrell Petroleum who apparently operated the tanks and pumps and owned such which ruptured. 1 have a legal rate of Two Hundred Fifty Dollars ($250.00) per hour and will bill monthly. Per your request, I will not charge in excess of Ten Cents ($. 10) per page for black and white copies or of Twenty- Five Cents ($.25) for color copies, will not charge for facsimile transmissions that are not outgoing long distance transmissions, and will not charge mileage for time I am also billing you at my legal rate. 1 agree to inform you if it appears that my total billing will exceed Five Thousand Dollars ($5,000.00). Sincerely, 2 (CV ? Gregory K. Silver GKS/eb Cc: Hon. Mayor James Brainard File r,..t'I'CMrved City of Carmel &pA,erR&V- ONE CIVIC' SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF PAGE /9;;Z,70 THIS NUMBER MUST APPEAR ON INVOICES, AP VOUCHER, DELIVERY MEMO. PACMNG SLIPS. SHIPPING LABELS AND ANY CORRESPONDENCE. 'URCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION a 0gl"98' P ` SHIP VENDOR ., ?? ' ) /,? „?J}„ /L,?j/ • /yO TO Send Invoice To: 1997 dc trtmo%wR- O? goo Qj :y IL( Uon) U. n; boa PLEASE INVOICE IN DUPLICATE EXTENSION )?$ 6 IQz) DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT aural Sa X30 OOOZ1 PAYMENT J p a o ' AP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND i VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUC ONS I HEREBY CERTIFY THAT THERE IS AN UNOBUGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY, FOR THE ABOVE ORDER. •. SHIP REPAID. • C.O.D: SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY • PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. • THIS ORDER R ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. 1 8 2 7 0 CLERK-TREASURER DOCUMENT CONTROL NO. VENDOR COPY INDIANA RETAIL TAX EXEMPT CERTIFICATE NO: 003120155 002.0 FEDERAL EXCISE TAX EXEMPT 35.60060972