Bose McKinney & Evans . 26 2ol�
LEWIS C.BOSE GEORGE E.PURDY JAMES E.CARLBERG DAVID C.MILNE
BOSE ROBERT P.KASSING KEITH E.WHITE GEORGE T.PATTON,JR JANE A PHILLIPS
G.PEARSON SMITH,JR. L.PARVIN PRICE DEBRA L.BURNS J.CHRISTOPHER JANIK
McKINNEY DAVID A.BUTCHER DAVID L. CARLI GARY L.J.STUCKY
CHAPMAN STEAMY EN RAG NR KENNELLY
A.NICELY JAMES C.CARLL NATALIE J.STUC AMY RANKIN KENNELLY
THEODORE J.NOWACKI R.J.McCONNELL THOMAS G.BURROUGHS CATHY ELLIOTT
KENDALL C.CROOK C.JOSEPH RUSSELL TAMMY K.HANEY
EVANS RONALD E.ELBERGER JON M.BAILEY J.SCOTT ENRIGHT OF COUNSEL
DAVID L.WILLS ELIZABETH THEOBALD YOUNG SUSAN E.TRAYNOR WAYNE C.PONADER
CHARLES R.RUBRIGHT MICHAEL A.TRENTADUE KAREN GLASSER SHARP JAMES P.SEIDENSTICKER,JR.
DANIEL C.EMERSON KARL R.STURBAUM GREGORY W.GUEVARA PETER L.GOERGES
ATTORNEYS AT LAW JEAN S.BLACKWELL ROBERT B.CLEMENS LISA C.McKINNEY ARTHUR W.DEPREZ
ALAN W.BECKER J.GREG EASTER ALAN S.TOWNSEND
DANIEL B.SEITZ KATHLEEN G.LUCAS SCOTT A.WEATHERS RETIRED FROM THE PARTNERSHIP
DAVID A.TRAVELSTEAD RODERICK H.MORGAN DANIEL P.McINERNY ROBERT H.McKINNEY
STEPHEN E.ARTHUR DWIGHT L.MILLER ROBERT C.SPROULE JOHN W.WYNNE
MARGARET BANNON MILLER V.SAMUEL LAURIN III WILLIAM C.AHRBECKER
RONALD M.SOSKIN E.VICTOR INDIANO MARY BETH PLUMMER WILLIAM M.EVANS(1923-1991)
March 18, 1996
Debra M. Grisham, Esq.
Carmel City Attorney
One Civic Square
Carmel, IN 46032
Re: Engagement Letter for Drug and Alcohol Policy Review and Other Issues
Dear Deb:
On behalf of Bose McKinney & Evans ("BM&E"), I want to thank you for
allowing BM&E the opportunity to be employed by the City of Carmel ("City") to advise
the City in the development and implementation of the City's employee drug and
alcohol policy as well as in other future projects.
As the billing partner for the City's work, I will personally ensure that all work
will be performed by a qualified attorney or legal assistant at the most efficient hourly
rate for the City. Initially, and for the review of the City's drug and alcohol policy, John
Bailey will work directly with Barbara Lamb. Jo 'c hourly wfl! be the discounted
w V .•1 . vim• with ✓ �w+aA r-iws.� �::v rate •Y'11 V
rate of $125/hour, which we are able to offer our best public and quasi-public clients.
In addition, disbursements such as telephone, fax, photocopies, express delivery and
mileage, if incurred, will be billed directly to the City. John anticipates that his review
of the City's policy with Barbara will take approximately 2 hours. Assistance in
revising the policy, if needed, would be pursuant to the instructions and restrictions
outlined by you or Barbara.
Separately from the City's employment of BM&E, John Bailey is accredited
through the Indiana Association of Cities and Towns ("IACT") to perform-audits at a
rate of $500.00. The scope of the audit work includes a review of key documents in
the City's "personnel infrastructure" for legality.
Downtown North
2700 First Indiana Plaza 8888 Keystone Crossing
135 North Pennsylvania Street Suite 1201
Indianapolis,Indiana 46204 Indianapolis,Indiana 46240
(317)684-5000 (317)574-3700
FAX(317)684-5173 FAX(317)574-3716
BOSE
McKINNEY
& EVANS
ATTORNEYS AT LAW
•
Debra Grisham, Esq.
March 18, 1996
Page 2
I appreciate the opportunity you have provided BM&E. We will work hard to
provide quick, thorough and efficient legal service to assist you, Mayor Brainard and
the City to accomplish the aggressive and exciting goals set by Mayor Brainard and
his administration for Carmel. If you have any questions or concerns at any time,
please contact me directly. If the terms described in this letter are acceptable, please
sign below and return the original to me. I have enclosed a copy for your files.
Very truly yours,
1 . 71Y )
(.. 64-(1-t,c-r4
Elizabeth T. Young
11053.n1/sla
ACCEPTED ON BEHALF OF
THE CITY OF CARMEL , BY AND THROUGH THE BOARD OF
P LIC WORKS SAFETY
BY: Mom,,
J es Br lif/.rd, Mayor
ate: � i � 6
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BY: i i
LOWatson, ember
BY• ' ‘66,
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Billy% alker, Member
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APPROVED, S T0
FORM BY: '', ' �,
BOSS LEWIS C.BOSE KEITH E.WHITE GARY L..COLES CHAPMAN AMY RANKIN KENNELLY
CATHY ELLIOTT
ROBERT P.KASSING L.PARVIN PRICE ROBERT K.JOHNSON
G.PEARSON SMITH,JR. DAVID L.SWIDER JAMES A.COLES J.GREGORY SHELLEY
McKINNEYPHILIP A.
DAVID A.BUTCHER JAMES C.CARLINO DONALD M.MEYER JEFFREY M.REED
NNELL
CELY
JEFFREY A.H
KANSON
THEODOREIJ NOWACKI C.JOSEPOH RUSSELL TAMMY K.HANEY STUCKY STEPHAN E F.OHOLTZLLANDER
& EVANS KENDALL C.CROOK JON M.BAILEY S SCOTT TRAYNOR
ENRIGHT ANDREW M.McNEIL
RONALD E..CROOK
ER ELIZABETH THEOBALD YOUNG SUSAN E.TRAYN
DAVID L.WILLS MICHAEL A.TRENTADUE KAREN GLASSER SHARP OF COUNSEL
CHARLES R.RUBRIGHT KARL R.STURBAUM LISA C.McKINNEY WAYNE C.PONADER
DANIEL C.EMERSON ROBERT B.CLEMENS ALAN S.TOWNSEND JAMES P.SEIDENSTICKER,JR.
ATTORNEYS AT LAW JEAN S.BLACKWELL KATHLEEN G.LUCAS SCOTT A.WEATHERS PETER L.GOERGES
ALAN W.BECKER RODERICK H.MORGAN DANIEL P.McINERNY ARTHUR W.DEPREZ
DANIEL B.SEITZ DWIGHT L.MILLER ROBERT C.SPROULE
DAVID A.TRAVELSTEAD V.SAMUEL LAURIN III WILLIAM C.AHRBECKER RETIRED FROM THE PARTNERSHIP
STEPHEN E.ARTHUR E.VICTOR INDIANO MARY BETH PLUMMER ROBERT H.McKINNEY
MARGARET BANNON MILLER JAMES E.CARLBERG JANE A.PHILLIPS JOHN W.WYNNE
RONALD M.SOSKIN GEORGE T.PATTON,JR. J.CHRISTOPHER JANAK
November 27, 1996 GEORGE E.PURDY DEBRA L.BURNS STEVEN G.RUDOLF WILLIAM M.EVANS(1923-1991)
Barbara A. Lamb VIA FACSIMILE: 571-2409
Director of Human Resources
City of Carmel
One Civic Square
Carmel, IN 46032i' k--. ��f " •
2 (.0 /1-*.
Dear Barb
This responds to your invitation in our phone conversation last evening to propose
personnel law training for City of Carmel supervisors. We appreciate the opportunity to respond.
Following is our proposed curriculum for 1997:
1st Quarter $2,000
EEO Issues in Screening & Hiring City Employees
three fifty minute sessions with two ten minute breaks
2nd Quarter $2,000
FLSA Basics for City Supervisors
three fifty minute sessions with two ten minute breaks
3rd Quarter $2,000
Issues in Evaluation & Discipline of City Employees
three fifty minute sessions with two ten minute breaks
4th Quarter
Evaluation & Discipline of Police/Fire Merit Employees
three fifty minute sessions with two ten minute breaks
Although this proposal is set up in quarters,the scheduling will be flexible in order to provide the
training as needed.
Downtown North
2700 First Indiana Plaza 8888 Keystone Crossing
135 North Pennsylvania Street Suite 1201
Indianapolis,Indiana 46204 Indianapolis,Indiana 46240
(317)684-5000 (317)574-3700
FAX(317)684-5173 FAX(317)574-3716
BOSE
McKINNEY
& EVANS
ATTORNEYS AT LAW
Barbara A. Lamb
Director of Human Resources
November 27, 1996
Page 2
The cost for preparation and an initial and repeat presentation [on a separate day] of the
topics proposed for the first three quarters would be no more than$6,000. In the second and
third quarters, this would include an update of new developments concerning earlier
presentations.
To "customize"the fourth quarter presentation for Carmel police and fire supervisors
[generally the rank of Lieutenant and above],the current disciplinary process and the files from
any recent disciplinary actions should be reviewed. Total cost for the review and a single three
hour presentation in the fourth quarter would not exceed $1,500.
The total cost for all the training services proposed for 1997 would not exceed $7500.
I would be primarily responsible for development and presentation of the proposed training. If
other attorneys from our public sector labor group are to present any topic, you would have the
option to meet and approve these additional presenters.
For all presentations, we would provide a single copy of course materials customized for
presentation to Carmel supervisors two to three days before the presentation. Duplication and
binding of the materials would be the responsibility of the City. A 21/2 inch white "clear view"
3-ring binder is recommended so that participants can keep all of their materials together for
reference.
As always, if I can provide further information, please contact me at my direct dial
number, (317) 684-5145 or send e-mail to jbailey@boselaw.com.
Sincerely,
1
Jon . ailey
JMB:kab
122038
To: Barb Lamb, Human Resources Director
From: Rebecca Wolf, Clerk-Treasurer' s Office, Ext. 413
Re: Agreement for Personnel Law Training
Date: December 6, 1996
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works December 4, 1996. A copy was mailed to Bose
McKinney & Evans December 6, 1996. Please call if you have any
questions.
cc: file
DLC/RLW/rlw
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December 6, 1996
Jon M. Bailey
Bose McKinney & Evans
8888 Keystone Crossing
Suite 1201
Indianapolis, IN 46240
Re: Agreement for Personnel Law Training
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works December 4, 1996. The board approved the
agreement amending it so as not to include the fourth quarter
presentation. Please call if you have any questions.
Sincerely,
Rebecca L. Wolf
Chief Deputy Clerk
cc: file, city atty, HR
DLC/RLW/rlw
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2400
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December 23, 1996
Jon M. Bailey
Bose McKinney & Evans
8888 Keystone Crossing
Suite 1201
Indianapolis, IN 46240
Re: Amendment to Personnel Law Training Contract
Enclosed is a copy of signed minutes from the December 4, 1996,
Carmel Board of Public Works meeting. The amendment to the city' s
contract with Bose McKinney & Evans is the first item on Page 3.
Our office suggests you attach the minutes to the contract to
alleviate any confusion. Please call if you have questions.
Sincerely,
6d011
Rebecca L. Wolf
Chief Deputy Clerk
cc: file, city atty, HR
DLC/RLW/rlw
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2400
CARMEL BOARD OF PUBLIC WORKS MEETING MINUTES
WEDNESDAY, DECEMBER 4, -- 1:30 P.M.
COUNCIL CHAMBERS / CITY HALL / ONE SCIVIC SQUARE
MEMBERS PRESENT: Mayor Brainard; Board Members Walker and Watson.
Clerk-Treasurer Cordray and Chief Deputy Wolf also attended.
Mayor Brainard called the meeting to order at 1: 03 p.m.
APPROVAL OF MINUTES: Board Member Walker moved to approve the
minutes of November 20, 1996. Board Member Watson seconded. All
members voted AYE. The minutes were approved.
RECOGNITION OF CITY EMPLOYEES: Mayor Brainard stated he was asked
to hold the recognition of Waste Treatment South Plant Employees
until the next meeting.
PERFORMANCE RELEASES: Mayor Brainard moved to approve Resolution
BPW-12-04-96-01 . Board Member Walker seconded. All members voted
AYE. The resolution was approved.
Mayor Brainard moved to approve Resolution BPW-12-04-96-02. Board
Member Watson seconded. Board Member Walker called for the
question. All members voted AYE. The resolution was approved.
Mayor Brainard moved to approve Resolution BPW-12-04-96-03. Board
Member Watson seconded. All members voted AYE. The resolution was
approved.
Mayor Brainard moved to approve Resolutions BPW-12-04-96-04 and
BPW-12-04-96-05. Board Member Watson seconded. All members voted
AYE. The resolutions were approved.
BID OPENING: Mayor Brainard stated the bid openings were for
Water Main Extension Contract 16 for the Utilities. The bids were
opened and read as follows:
1) Moffit Rehab Services, Inc. ; $72, 501 .00
2) Weitzel Construction Co. Inc. ; $60, 000.00
3) Corbit & Sons Construction Co. , Inc. ; $63, 449.00
The mayor stated he had a cousin married to an employee at
Corbit. Mayor Brainard stated his cousin had no ownership
interest in the company.
4) Tramco; $67, 042. 60
5) Eagle Valley, Inc. ; $43, 703.00
6) Leland Roberts Construction, Inc. $58, 045.02
7) Sweeney Construction Corp. ; $89, 587.00
8) Trotter Construction; $137, 125.45
Board Member Walker moved to give the bids to Utilities Manager
Duffy to review for recommendation to the board. Board Member
Watson seconded. All members voted AYE. The board gave Mr. Duffy
the bids for review.
CONTRACTS: Mayor Brainard moved to table the Amendment to Bonar
Group Contract. Board Member Watson seconded. All members voted
AYE. The amendment was tabled.
Mayor Brainard moved to approve the Contract for Indigent Defense
Services with Coots, Henke & Wheeler. Board Member Watson
seconded. All members voted AYE. The contract was approved.
Mayor Brainard moved to approve the Mutual Aid Agreements with
Fishers and Pike Township Fire Departments. Board Member Watson
}
seconded. All members voted AYE. The contract was approved.
Mayor Brainard moved to approve the Agreement for Engineering
Services with Cosmopolitan Consulting Engineers. Board Member
Watson seconded. City Engineer Boyle stated she was comfortable
with the scope of the contract, but that she had a few questions
regarding the content. She stated the wording may bind the city
to additional services. She asked the board if she could have
more time to iron out the details. Board Member Walker suggested
tabling the contract. Mayor Brainard asked Ms. Boyle if she would
prefer the board approve the contract subject to the city
attorney' s approval. Ms . Boyle stated that would be acceptable if
the board would give the mayor authorization to execute the
contract when it was completed. Board Member Walker stated he
would prefer to table the contract until the next meeting. Mayor
Brainard seconded. All members voted AYE. The contract was
tabled.
Mayor Brainard moved to approve the Agreement for Engineering
Services with American Consulting Engineers, Inc. Board Member
Watson seconded. Board Member Walker called for the question. All
members voted AYE. The contract was approved.
Mayor Brainard moved to approve the Agreement for Goods and
Services with Pitney Bowes Inc. Board Member Watson seconded. All
members voted AYE. The agreement was approved.
Mayor Brainard moved to approve the Agreement for Personnel Law
Training with Bose McKinney & Evans. Board Member Watson
seconded. Board Member Watson moved to amend the motion to
approve the First, Second and Third Quarter classes specified in
the contract, but to exclude the fourth quarter class. Mayor
Brainard seconded. All members voted AYE. The amendment was
approved. The mayor called for a vote on the amended contract.
All members voted AYE. The contract, as amended, was approved.
CLAIMS: Board Member Walker moved to approve the claims as listed
on the agenda (Items 6a through 6c) . Board Member Watson
seconded. All members voted AYE. The claims were approved.
REQUEST FOR WATER AND SEWER AVAILABILITY: Mayor Brainard moved to
approve the request for Sewer and Water Availability for Plum
Creek North, Section 4 . Board Member Watson seconded. All members
voted AYE. The request was approved.
Mayor Brainard moved to approve the request for Sewer and Water
Availability for Plum Creek Clubhouse. Board Member Walker
seconded. All members voted AYE. The request was approved.
OTHER: Mayor Brainard moved to approve Resolution BPW-12-04-96-
06/A Resolution Approving the Transition of Civilian Employees to
City Policies. Board Member Watson seconded. All members voted
AYE. The resolution was approved.
Mayor Brainard moved to approve the request for a Dedication of
Right of Way by TMF, Ltd. Board Member Walker seconded. All
members voted AYE. The request was approved.
Mayor Brainard moved to approve the Request for Promotion of
Captain to Battalion Chief. Board Member Watson seconded. All
members voted AYE. The request was approved.
Mayor Brainard moved to approve the Request to Appoint Wendell E.
Howard to Position of EMS Director. Board Member Watson seconded.
All members voted AYE. The request was approved.
Mayor Brainard moved to approve the Request for Sidewalk
Relocation for Carmel Station, Section 3. Board Member Watson
seconded. All members voted AYE. The request was approved.
Mayor Brainard moved to approve the Request for Open Cut for
Circle Drive/Rolling Acres. Board Member Watson seconded. All
members voted AYE. The request was approved.
Mayor Brainard moved to approve the Request for Commercial Curb
Cut for Plum Creek Clubhouse. Board Member Walker seconded. All
members voted AYE. The request was approved.
Mayor Brainard moved to approve the Request for Commercial Curb
Cut for Liberty Healthcare. Board Member Watson seconded. All
members voted AYE. The request was approved.
Mayor Brainard moved to approve Change Order #5 for Contract #8,
Groundwater Supply Project with Titan Contracting, Inc. Board
Member Watson seconded. Utilities Manager Duffy stated the change
order was a reduction. All members voted AYE. The change order
was approved.
Mayor Brainard moved to approve Change Order #1 for Water
Treatment Plant 4 Painting Contract with Security Painting Co.
Inc. Board Member Walker called for the question. All members
voted AYE. The change order was approved.
Mayor Brainard moved to approve the Consent to Encroach at
Meadowlark Park by the Carmel Clay Board of Parks and Recreation.
Board Member Walker seconded. All members voted AYE. The request
was approved.
ADJOURNMENT: Board Member Walker moved to adjourn. Mayor Brainard
seconded. All members voted AYE. The meeting was adjourned.
Res ectfully submitted,
06pr ved,
Attes