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Phone Scam: Fake FBI Agent Conducting Investigation

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The Vanderburgh County Sheriff’s Office is investigating a report of telephone fraud involving a caller claiming to be an FBI Agent.

The caller, who used the names Alex Morgan and Thomas Ryan in the scam attempt, left a message on the victim’s answering machine, indicating that he needed to speak with the victim regarding an investigation. The caller had the ability to “spoof” the victim’s caller ID to make it appear the call originated from the “US Government”.

The FBI never calls people to threaten arrest, ask for money or request personal information. Sheriff Dave Wedding stated, “If you have any doubt about the identity of an official who calls you on the phone, get the official’s name, hang up, and then call the agency back at a phone number you know to be correct.” Sheriff Wedding added, “The victim in this most recent case did the right thing by treating this message with skepticism and immediately notifying law enforcement. Once you become known as an easy mark for these scammers, you may be targeted for future scam attempts.”

Residents should not be deceived by callers who already have a date of birth or other piece of personally identifiable information. This basic information is sometimes used to bolster the credibility of the caller in hope of obtaining even more information from the victim.

The FBI is aware of this scam and issued a statement encouraging “…anyone who receives a telephone call from someone representing to be from the FBI, to verify the information provided in that call with their local FBI field office.”  The phone number for the FBI field office in Evansville is (812) 423-4486.

Pictured above: Fake FBI Agent Clark Westerfeld from the FX TV Show “The Americans”. (Image courtesy of Fox Television Studios / Amblin Television).

 

 

Vanderburgh County Recent Booking Rcords

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

IS IT TRUE MARCH 28, 2016

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IS IT TRUE  since President Barack Obama’s historic visit to Cuba, we thought it would be fun to reveal fascinating facts about this intriguing nation?

IS IT TRUE in Cuba healthcare is free and seen as a fundamental human right, guaranteed by the state. Despite spending a fraction of what the United States spends on healthcare (the World Bank reports Cuba spends $431 (£303) per head per year compared with $8,553 (£6,000) in the US) Cuba has a lower infant mortality rate than the US and a similar life expectancy?

IS IT TRUE despite not having much access to the internet, Cubans are a smart bunch. In fact, there are so many doctors in Cuba they’re often sent to other countries that have a shortage. The country has 90,000 of them to serve its population of 11 million. That’s eight for every 1,000 citizens – which according to the World Bank is more than double the rate in the US (2.5) and the UK (2.7).

IS IT TRUE while reports vary on whether it’s actually illegal or not, taking photos of anything associated with the police or military is certainly frowned upon and could result in you losing your camera?

IS IT TRUE that Cuba is the most populated country in the Caribbean, with more than 11 million residents?

IS IT TRUE while many of us use search engines a dozen times a day to find out everything from the weather to how to cook a steak, Cuba is one the least connected countries in the world with only 5% of Cubans enjoying access to uncensored internet at home.

IS IT TRUE that the  average state salary in Cuba is just $20 (£14) per month even though the cost of survival runs around $50 (£35) a month?

 

IS IT TRUE that Cuba has not one but two currencies. The Cuban peso (CUP) and the Cuban convertible peso (CUC) are both legal tender on the island with the latter worth 25 times as much as the CUP. While most Cubans are paid in CUP, nearly all goods are priced in CUC, making the gap between the haves and have nots glaringly obvious?

IS IT TRUE In 2012, current Cuba president Raul Castro (Fidel’s brother) reinstated Good Friday as a public holiday at the request of Pope Benedict XVI for the first time since the 1959 Cuban revolution?

IS IT TRUE In recent years, the government of Cuba has eased its stronghold on internet censorship with more than 40 government approved wi-fi hot spots around the capital city Havana and other major cities. Although the price of wi-fi access in public places has recently dropped to $2.25 (£1.58) an hour, it is still prohibitive for the vast majority of Cubans.

IS IT TRUE CUBA has one of the lowest birth rates in the Western Hemisphere. Falling dramatically since the 1970s, in 2013 only 9.51 babies per 1,000 Cubans were born?

IS IT TRUE in Cuba Christmas did not become an official holiday in Cuba until 1997. This was introduced by former leader Fidel Castro as a gesture of goodwill in honor of Pope John Paul II’s visit.

IS IT TRUE that the United States pays Cuba approximately $4,085 (£2,875) a year to lease the 45 square miles that holds the controversial Guantánamo Bay Naval Station. Cuba has reportedly only cashed a check once, and by mistake, according to an essay written by Fidel Castro.

IS IT TRUE in CUBA blowing your nose in public in Cuba is considered extremely rude?

IS IT TRUE Cuba is often called El Caiman or El Cocodrilo (Spanish for alligator), because that’s what the island resembles from an aerial view?

IS IT TRUE Bacardi, the spirit maker of rum, Dewar’s Scotch and Grey Vodka, was actually founded in Cuba. However, the brand moved its operations to Puerto Rico after Fidel Castro came to power.

IS IT TRUE in Cuba sex change operations have been permitted since 2008.?  ….they’re also covered under the National Health Care System for qualifying citizens?

IS IT TRUE in 2015 the half-century ban on purchasing Cuban cigars as lifted,?  …it was revealed that then US President John F. Kennedy bought 1,200 Cuban cigars for himself hours before he ordered the US trade embargo?
IS IT TRUE that Cuba is one of two countries where the sale of Coca-Cola is prohibited?  … when the Castro government began seizing private companies in the 60s Coke made a swift exit, with not a drop being served in the country since?

IS IT TRUE some say former president Fidel Castro grew his signature beard because the US stopped exporting razors, other reports say he did it as a time-saving measure, boasting that he saved himself 10 working days per year by not shaving his beard?

IS IT TRUE that two of Cuba biggest passions are baseball and ballet. The latter is funded by the government, which pays for ballet training and subsidizes tickets to performances.

IS IT TRUE on New Year’s Eve, it’s tradition for Cubans to burn dolls in order to symbolize forgetting bad times and looking forward to new and good times during the New Year?

IS IT TRUE It’s said that when Fidel Castro seized power in Cuba, he immediately ordered all sets of the game Monopoly to be destroyed?

IS IT TRUE one of Cuba’s most distinctive anachronisms has always been streets full of classic cars like Chevrolets, Buicks and Fords.  …the reason why is because up until 2014 it was forbidden to purchase cars manufactured abroad?

IS IT TRUE in Cuba you can forget buses because lots of Cubans engage in the Nationalized Hitchhiking system which came about in the 1990s?  … at the time buses were scarce and it was illegal to buy cars with the only automobiles running with regularity being state-owned cars and trucks?  …the government made it mandatory for government vehicles to pick up hitchhikers?

FOOTNOTES: Our next “IS IT TRUE” will be posted on this coming Wednesday?

Please take time and read our newest feature article entitled “HOT JOBS”posted in this section are from Evansville proper.

If you would like to advertise in the CCO please contact us citycountyobserver@live.com

Todays “Readers Poll” question is:  If the election was held today for the Republican primary for the 8th Congressional seat who would you vote for?Copyright 2015 City County Observer.

All rights reserved. This material may not be published, broadcast, rewritten or redistributed

CUBA’S NEW MOMENT

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By Peter Funt

Most of us have never been to Cuba and yet we easily conjure images of brightly colored vintage American cars, of deeply creased yet smiling faces, of bare-chested young athletes bounding in the bright sun, of cigar smoke wafting above crowded dance floors.

President Obama’s wise decision to try a different approach in relations with the Castro regime is likely to improve things for Cuba’s economy and its people. A nation frozen in time will change, but many Americans — especially tourists — hope the images are preserved.

Photographer Lorne Resnick understands, having spent the last 20 years chronicling the island nation and its people. His large and striking book, “Cuba: This Moment, Exactly So,” could not be better timed nor more useful in depicting the Cuban experience.

Resnick’s 250 photographs, culled from over 400,000 he took during more than 50 trips to Cuba, are truly remarkable. And I would say that even if Resnick were not my brother-in-law. His photographic passion can be examined at www.ThisCuba.com.

“Just like the buildings have exposed their raw structure as the paint peels away from decades of wear and lack of funds for upkeep,” Resnick observes, “it seems to me that the Cuban people’s social masks have also faded away to reveal honest, open, kind, warm humans who will engage you in intense, frank conversations about politics, religion and life.”

“The Cubans are incredibly family and friend centered,” he continues. “If you spend enough time in a family home it makes you weep at how beautiful their closeness is. The warmth and love is really extraordinary.”

Much of Cuban life is an enigma. For instance:

“Health care is free in Cuba. They have world-class doctors and not enough tongue depressors — largely due to the embargo. They have a Parkinson’s treatment center that people fly to from all over the world. They have cutting edge cancer research. But the hospitals are old.

“Fidel Castro actually admitted not long ago that he made a mistake and over-educated Cubans, so that now they have too many doctors and not enough mid-level service people.”

Pressed at an awkward news conference on Monday, Raul Castro mentioned free health care as he sought to deflect questions about Cuba’s rights violations. Cuban “rights,” he declared, include health care, free higher education and equal pay for women.

That brought a reply from President Obama summing up this turn in U.S.-Cuban relations. “I actually welcome President Castro commenting on some of the areas where he feels we are falling short,” he said, “because I think we should not be immune or afraid of criticism or discussion as well.”

Over time, shiny new American cars will line the streets of Havana, in front of tall, modern hotels and rows of U.S.-owned businesses. Eventually Havana’s photo album might look more like San Diego’s.

Photographer Resnick probably won’t care as much about those images, but he’s developed a keen appreciation for the Cuban people.

“I was in Cuba on December 17, 2014, when the Obama announcement came that things were going to change,” he says. “Everywhere I went people were quietly celebrating, each raising a glass to a potential bright future, hugging and kissing everyone.”

For Cuba, that is the bigger picture.

 

CITY COUNCIL AGENDA MARCH 28, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

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CITY COUNCIL AGENDA MARCH 28, 2016 ROOM 301, CIVIC CENTER 

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MEMORANDUM

REPORTS AND COMMUNICATIONS

CONSENT AGENDA
FIRST READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-16 A.S.D. MOSBY

An Ordinance Amending Chapter 3.110 (Accounts and Transfers) of the Code of Ordinances

ORDINANCE F-2016-06 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Additional Appropriations of Funds within Various Accounts (DMD)

ORDINANCE F-2016-07 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Repeal and Re- Appropriations of Funds within Various Accounts (DMD)

CONSENT AGENDA
SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-11 PUBLIC WORKS WEAVER

An Ordinance to Vacate Certain Public Ways or Public Places Within the City of Evansville, Indiana, Commonly Known as the Right-of-Way of Third Avenue, in the City of Evansville, Indiana

ORDINANCE G-2016-12 PUBLIC WORKS ELPERS

An Ordinance Amending Chapter 13.05 (Sewers) of the Evansville Municipal Code

ORDINANCE G-2016-13 PUBLIC WORKS ELPERS

An Ordinance Amending Chapter 13.15 (Water) of the Evansville Municipal Code

ORDINANCE G-2016-14 AMENDED PUBLIC WORKS MOSBY, WEAVER, ADAMS

An Ordinance Establishing Chapter 15.30 (Responsible Bidding Practices and Submission Requirements) of the Code of Ordinances

ORDINANCE G-2016-15 PUBLIC WORKS WEAVER

An Ordinance Amending Chapter 2.150 (Emergency Management) of the Evansville Municipal Code

CITY COUNCIL AGENDA MARCH 28, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE F-2016-04 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing the Issuance of Multifamily Housing Revenue Bonds, Series 2016 (Consolidated RAD Projects)

REGULAR AGENDA
THIRD READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-11 PUBLIC WORKS WEAVER

An Ordinance to Vacate Certain Public Ways or Public Places Within the City of Evansville, Indiana, Commonly Known as the Right-of-Way of Third Avenue, in the City of Evansville, Indiana

ORDINANCE G-2016-12 PUBLIC WORKS ELPERS

An Ordinance Amending Chapter 13.05 (Sewers) of the Evansville Municipal Code

ORDINANCE G-2016-13 PUBLIC WORKS ELPERS

An Ordinance Amending Chapter 13.15 (Water) of the Evansville Municipal Code

ORDINANCE G-2016-14 AMENDED PUBLIC WORKS MOSBY, WEAVER, ADAMS

An Ordinance Establishing Chapter 15.30 (Responsible Bidding Practices and Submission Requirements) of the Code of Ordinances

ORDINANCE G-2016-15 PUBLIC WORKS WEAVER

An Ordinance Amending Chapter 2.150 (Emergency Management) of the Evansville Municipal Code

ORDINANCE F-2016-04 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing the Issuance of Multifamily Housing Revenue Bonds, Series 2016 (Consolidated RAD Projects)

MISCELLANEOUS BUSINESS

The next meeting of the Common Council will be Monday, April 11, 2016 at 5:30 p.m. Committee meetings will begin at 5:15 p.m.

Approval of Youth Grants
Officer Chuck Knoll, Evansville Police Department & FOP: Police Contract

ADJOURNMENT

MISSY MOSBY INTRODUCES CHANGE TO THE SPEAKING ORDINANCE

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ORDINANCE G-2016- INTRODUCING: MISSY MOSBY-COMMITTEE: A.S.D.

AN ORDINANCE AMENDING CHAPTER 2.10 (COMMON COUNCIL) OF THE CODE OF ORDINANCES

(PLEASE REFER TO SECTION 6 ON THIS PROPOSED ORDINANCE)

WHEREAS, the Common Council recognizes that members of the public should be able to address the Council regarding matters that do not appear on the agenda and that a three-minute limitation for each speaker should provide adequate time for each speaker to convey a message or raise a concern to the Council; and

WHEREAS, the Council President, as Presiding Officer, has the duty to maintain order and decorum of meetings and use good judgment in keeping speakers within their allotted time limits; and

WHEREAS, the Common Council finds it necessary to amend Chapter 2.10 of the Code.

NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Evansville as follows:

Section 1. Amendment of Section 2.10.010 of the Code. Section 2.10.010 of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

“(A) The Common Council of the City shall meet at least twice per month on Monday evening. The regular meetings shall begin at 6:30 p.m.5:30 p.m., or at a time established by the Common Council at its first regular meeting in January of each year.

(B) Meetings of the Common Council of the City of Evansville shall be held in compliance with the Indiana Open Door Law found at IC 5-14-1.5-1.
(1) Emergency meetings and executive sessions may be held pursuant to Indiana law.
(2) An agenda shall be posted at the entrance of the location of the meeting prior to the meeting.
(3) Notice of the time, date, and place of regularly scheduled meetings may be given by the City Clerk once each year to media representatives requesting such on or before January 1st.
(4) A meeting may be recessed and reconvened at a later time, date, and place, if such is announced at the original meeting, and if the agenda remains the same, without the necessity of further notice being given.

(C) Special meetings of the Common Council may be called by the Mayor, the Council President, or any three Council members. It shall be the duty of the person or persons calling the special meeting to notify the City Clerk of the meeting, allowing the Clerk reasonable time to prepare and serve notice. It shall be the duty of the Clerk to duly notify all Council members and to serve notice of the time, date, and place of said special meeting in writing 48 hours prior to said meeting by posting notice in a public place and mailing, emailing, or faxing notice to media representatives who requested such notice on or before January 1st. No action may be taken on any subject at a special meeting unless that subject was stated in the call for the special meeting.

(D) A quorum of the Council shall be a majority of all elected Council members. A quorum shall be necessary for the transaction of Council business unless otherwise required by statute or this code. No ordinance or resolution shall be passed which shall not have received the votes of a majority of all members of Council.

(E) For purposes of this chapter, “ordinance” means a local law that regulates persons or property and relates to a matter of a general and permanent nature. Any Common Council enactment that regulates persons or property and imposes a fine for violations must be in the form of an ordinance. No ordinance shall be passed on the same day or at the same meeting that it is introduced, except by a unanimous consent of the Council, and then only if at least two-thirds of the Council members are present and voting. An ordinance is required to amend or repeal an existing ordinance.

(F) For purposes of this chapter, “resolution” means a stated position or policy of the Common Council or the City. A resolution may be passed on the same day or at the same meeting as it is introduced, unless it requires affirmative action on behalf of the City, if it is otherwise required by law, or if it is requested by a majority of the members of Council that it be treated with the formalities of an ordinance. A resolution passed under this section requires a majority vote of the Council members. A resolution may be passed by a voice vote rather than a roll-call vote, unless a roll-call vote is requested by any member of Council or unless the resolution requires affirmative action on behalf of the City as required by law or it has been requested by a majority of the members of Council that it be treated with the formality of an ordinance.

(G) The Clerk may read an ordinance or resolution by number and title only, unless the Presiding Officer and two Council members request the item be read in its entirety. No rule, regulation, ordinance, or other final action shall be adopted by reference to agenda or item number alone.

(H) A motion to repeal, amend, or suspend a Council rule, other than subsection (D), (E), (F), (G) or (H) of this section, shall be in order at any time, except after a vote has been ordered. The motion requires the affirmative vote of two-thirds of the Council members present and voting. Subsection (D), (E), (F), (G) or (H) of this section shall not be repealed, amended, or suspended except by an ordinance duly enacted in accordance with this section.

(I) A reading in full of the minutes of the previous meeting shall not be necessary unless upon motion duly made and passed by a majority of the members of Council.

(J) The Sergeant-at-Arms shall be the Chief of Police or his duly appointed designee, who must be a member of the City Police Department. The Sergeant-at-Arms shall preserve order in the lobby outside of the Council chambers and assist the President of Council in doing so within Council chambers. The Sergeant-at-Arms shall act as the messenger of the Common Council while in session. He shall deliver all notices to each member of the Common Council and all papers to the chairmen of the committees that may be placed in his hands by the City Clerk within 24 hours after receiving same.”

Section 2. Amendment of Section 2.10.020(G) of the Code. Section 2.10.020(G) of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

“(G) The City Clerk shall prepare an weekly agenda for the meetings of the Common Council at the direction of the Council President.”

Section 3. Amendment of Section 2.10.040(A) of the Code. Section 2.10.040(A) of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

“(A) At its first regular meeting after a City election, which meeting shall be held at 6:30 p.m. 5:30 p.m. on the first second Monday in January, and on the first second Monday of each succeeding January, the Council shall elect from its membership a President and a Vice-President. The President shall preside at all meetings, call the meetings to order, preserve order and decorum, decide all questions of order subject to appeal to the Council, and perform all other duties required of the President. He shall appoint all standing and special committees and their chairmen and shall fill vacancies on those committees. The President shall sign all ordinances and resolutions passed by the Council before their presentation to the Mayor, as well as the minutes of the Council meetings. The President shall vote on all issues before the Council, voting last.”

Section 4. Amendment of Section 2.10.050 of the Code. Section 2.10.050 of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

“The following order of business shall be observed by the Common Council at its meetings. This order of business may be suspended at any time with the vote of the majority of the Council members present.
(A) Call to order.
(B) Roll call.
(C) Invocation and pPledge of allegiance.
(D) Reading, amending, and approving minutes of previous meetings.
(E) Special orders of the day.
(F) Written reports from City officials and other communications from members of the public, including petitions and remonstrances.
(G) Consent agenda – first reading of ordinances and resolutions.
(H) Regular agenda – first reading of ordinances and resolutions.
(I) Consent agenda – second reading of ordinances and resolutions with report of standing committee.
(J) Regular agenda – second reading of ordinances and resolutions with report of standing committee.
(K) Regular agenda – Third reading of ordinances and resolutions.
(L) Resolution docket.
(M) Miscellaneous business.
(N) Committee reports.
(O) Approval of claims.
(P) Adjournment.”

Section 5. Amendment of Section 2.10.080 of the Code. Section 2.10.080 of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

“(E) No member shall refuse to vote or absent himself or herself to avoid voting on any question; provided, however, that should any member or the spouse or dependant of the member have a direct economic interest in the subject matter to be voted upon, such member may abstain from voting on such matter, if such member shall submit in writing to the Council President, at any time prior to within five (5) days of the vote being taken, a letter detailing the circumstances of the economic conflict of interest. The written explanation shall be recorded in the minutes of the meeting at which the member abstained.”

Section 6. Amendment of Section 2.10.090 of the Code. Section 2.10.090 of the Evansville Municipal Code is amended by the addition of Subsection (F) and Subsection (G) to be added to read as follows:

“(F) No person other than a member or officer of Council shall be permitted to address Council during its meeting except as provided in this rule as follows:

(1) The Presiding Officer may recognize any guest speaker under “miscellaneous business” and permit one report, not to exceed three (3) minutes. If there are many people who wish to speak during the public comment period, the Council may reduce the time allowed for each individual. Guest speakers are not permitted to donate time to other speakers.

(2) When giving a report, guests shall state their name and address for the record. All reports shall be made from the podium; speakers may not approach the Council dais without permission from the Presiding Officer.

(3) Guests from the public shall refrain from:
(a) profanity, vulgar language or gestures, or language which would incite an immediate breach of the peace;
(b) undue repetition, extended discussion of irrelevancies, obscenity, and personal attacks against private individuals unrelated to the operation of the City;
(c) campaigning for public office; and
(d) interrupting other guests or speakers or engaging in behavior that disrupts the meeting.

(4) Any city or county officer or employee may address the Council in response to a question or request for information by a member of the Council.

(5) Any member of Council desiring that someone be heard that is denied the floor by these rules or the Presiding Officer, may move to allow such person to address the Council. The motion shall state the person to be heard, the subject to which the discussion will be limited, and the time to be granted the speaker. The motion shall require a second; it shall be privileged and immediately put to vote without debate. The motion shall be carried only if receiving a vote of a majority of the members of the Council. If the motion is carried, the person shall be permitted to address the Council in accordance with the motion.

(6) If an item of business before the Council is one for which a notice of public hearing has been given, the Presiding Officer shall inquire before calling for a vote whether members of the public desire to be heard on that item. If any person indicates a desire to be heard, the Presiding Officer shall recognize such person. The Council may, by majority vote, impose reasonable limits upon the time and number of persons to be allowed to speak.
(G) In order to prevent obstructed views, distractions, and safety hazards, no person shall be permitted to bring signs, placards, or posters of any design in council chambers during the course of Council meetings; provided, however, that approved presentation materials for scheduled presenters may be permitted by Council. Council chambers attendance shall be limited to the posted seating capacity as determined by the State Fire Marshal.

(H) Any member of the public having been properly granted the privilege of the Council floor for purposes of offering comment or testimony on a particular proposal or issue before the Council must speak to that issue. Any member of the Council, having been recognized by the Presiding Officer, may question the relevancy of comment or testimony being given by members of the public by asking the Presiding Officer to rule on the germaneness of such comment or testimony. The Presiding Officer may also rule on germaneness without request. All such decisions of the Presiding Officer may be challenged and sustained or overruled by a majority vote.”

Section 7. Amendment of Section 2.10.100(G) of the Code. Section 2.10.100(G) of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

“(G) Committees may hold meetings at any time following proper notice. Notice of the time and place of committee meetings may shall be given by the committee chairman during a duly convened Council meeting. If this is not done, the committee chairman calling the meeting shall notify the City Clerk who shall promptly notify each Council member.”

Section 8. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council.

MISSY MOSBY PRESENTS AN ORDINANCE AMENDING CHAPTER 3.110 ACCOUNTS AND TRANSFERS

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ORDINANCE G-2016-16 INTRODUCING: MISSY MOSBY-COMMITTEE: A.S.D.
AN ORDINANCE AMENDING CHAPTER 3.110 (ACCOUNTS AND TRANSFERS)
OF THE CODE OF ORDINANCES
WHEREAS, the Common Council desires to preserve transparency and accountability of local government finances while also providing greater flexibility in transfers between segregated accounts.

NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Evansville as follows:

Section 1. Amendment of Section 3.110.020 of the Code. Section 3.110.020 of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

3.110.20 Accounts.
(A) All pension funds shall be segregated in a separate account from the operating account.
(B) All rainy day funds, riverboat funds, and debt obligation (excluding utility-related debt obligations) funds shall be segregated in a separate account from the operating and pension accounts.
(CB) The Controller’s office of the City of Evansville, Indiana, may invest proceeds from these funds and shall account for them in accordance with State law.
(DC) Nothing in this chapter shall be interpreted in a manner that conflicts with existing and future resolutions, ordinances, or other governing instruments relating to debt obligations of the City of Evansville, Indiana, and its agencies.

Section 2. Addition of Section 3.110.030 to the Code. Section 3.110.030 of the Evansville Municipal Code is hereby added as follows:

3.110.030 Transfers.
(A) The City may transfer appropriations from one major budget classification or fund to another major budget classification or fund if:
(1) the City determines that the transfer is necessary;
(2) the transfer does not require the expenditure of more money than the total amount set out in the budget as finally determined under IC 6-1.1; and
(3) the Mayor, City Controller, or the Mayor’s designated representative provides notice to the City Council within twenty (20) days of when the transfer is made.
(B) Routine transfers between accounts for employee payroll, payroll taxes, payroll withholdings, employee benefits, and investments are excluded from the notice requirement of this section unless expressly requested by City Council.
(C) Transfer of funds to and from the rainy day funds and economic development income tax fund shall be made in compliance with state law, including IC 36-1-8 et seq. and IC 6-3.5-7 et seq.

Section 3. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council.

PASSED BY the Common Council of the City of Evansville, Indiana, on the ___ day of _________________, 2016, and on said day signed by the President of the Common Council and attested by the City Clerk.
ATTEST:
____________________________ ____________________________
Missy Mosby Laura Windhorst, City Clerk
President of the Common Council City of Evansville, Indiana

Presented to me, the undersigned, City Clerk of the City of Evansville, Indiana, and to the Mayor of said City, the ____ day of ________________, 2016, at _____ o’clock __.m. for his consideration and action thereon.
____________________________
Laura Windhorst, City Clerk
City of Evansville, Indiana

Having examined the foregoing ordinance, I do now, as Mayor of the City of Evansville, Indiana, approve said ordinance and return the same to the City Clerk this _____ day of ______________, 2016, at ___________o’clock __.m.
____________________________
Lloyd Winnecke, Mayor

RESPONSIBLE BIDDING ORDINANCE G-2016-14 AMENDED INTRODUCING: Mosby, Weaver, and Adams

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RESPONSIBLE BIDDING ORDINANCE 2016-14 AMENDED INTRODUCING: Mosby, Weaver, and Adams

COMMITTEE: PUBLIC WORKS

(OBSERVATION-THIS PROPOSED ORDINANCE SEEMLY WILL GIVE THE LOCAL TRADE UNIONS A BOOST)

 

AN ORDINANCE ESTABLISHING CHAPTER 15.30SECTION 3.95.040 (RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS) OF THE CODE OF ORDINANCES

WHEREAS, the City of Evansville, Indiana (“City”), is required by law pursuant to I.C. 36-1-12-4 to award capital improvement certain contracts for public works projects to the “lowest responsive and responsible” bidder;

WHEREAS, the City, based upon its experience, has determined that quality workmanship, efficient operation, safety, and timely completion of projects requires all bidders meet certain minimum requirements in order to be a “responsive and responsible” bidder;

WHEREAS, applicable state law also requires that bidders meet certain minimum requirements in order to be a “responsive and responsible” bidder;

WHEREAS, I.C. 36-1-12-4(b)(10) further requires that the City entity awarding a public works contract where bids are required to consider certain factors when determining whether a bidder is “responsive”, such factors include: 1) whether the bidder has submitted a quote that conforms in all material respects to the specifications; 2) whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders; and 3) whether the bidder has complied with all applicable statutes, ordinances, resolutions or rules pertaining to the award of a public contract;

WHEREAS, I.C. 36-1-12-4(b)(11) further requires that the City entity awarding a public works contract where bids are required to consider certain factors when determining whether a bidder is “responsible”, such factors include: 1) the ability and capacity of the bidder to perform the work; 2) the integrity, character, and reputation of the bidder; and 3) the competence and experience of the bidder;

WHEREAS, the City seeks to enhance its ability to identify “responsive and responsible” bidders on all City public works construction projects by institution of more comprehensive submission requirements which are in compliance with Indiana state law;I.C. 36-1-12 et. seq.;

WHEREAS, the “Responsible Bidding Practices and Submission Requirements” Ordinance will preserve administrative resources by ensuring that only qualified contractors and subcontractors are awarded contracts on public works construction projects; and

WHEREAS, the “Responsible Bidding Practices and Submission Requirements” Ordinance will assure efficient use of taxpayer dollars, will promote public safety and is in the public interest.

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NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Evansville as follows:

Section 1. Amendment of Title 153 of the Code. Title 153 of the Evansville Municipal Code is hereby amended by establishing a new subsection within Chapter 15.303.95 of the Code, which shall read as follows:

Chapter 15.30
RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS

Sections:
15.30.010 3.95.040 Responsible Bidding Practices and Submission Requirements

(1) Bid submission requirements

15.30.020 15.30.030 15.30.040 15.30.050 15.30.060 15.30.070 15.30.080

15.30.010

Post-bid submissions from subcontractors Validity of pre-qualification classification Incomplete submissions by bidders
Responsive and responsible bidder determination Certified payroll

Public records
Penalties for false, deceptive, or fraudulent statements / information

Bid submission requirements

Contractors proposing to submit bids on any City of Evansville, Indiana (“City”),public works project estimated to be at least seventy-five thousandOne Hundred and Fifty Thousand dollars ($75150,000.00) or more must, prior to the opening of bidsbid submission deadline, submit a statement made under oath and subject to perjury laws, on a form designated by the City and must include:

(A)A copy of a print-out of the Indiana Secretary of State’s online records for the bidder dated within sixty (60) days of the submission of said document showing that the bidder is in existence, current with the Indiana Secretary of State’s Business Entity Reports, and eligible for a certificate of good standing. If the bidder is an individual, sole proprietor, or partnership, this subsection 15.30.010(A3.95.040(1) shall not apply;

(B)A list identifying all former business names.
(C) Any determinations by a court or governmental agency for violations of federal, state, or

local laws including, but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act (“OSHA”), or federal Davis- Bacon and related Acts;

(D)A statement on staffing capabilities, including labor sources from which labor will be derived on the public works project;

(E) Evidence of(E) Evidence that the contractor is in compliance with I.C. 5-16-13-12 and its requirements pertaining to participation in apprenticeship and training programs applicable to the work to be performed on the project, which are approved by and registered with

4826-6290-1551.v1

the United States Department of Labor’s Office of Apprenticeship, or its successor organization, with such evidence including a copy of all applicable apprenticeship certificates or standards for such training programspublic work project;

(F) A copy of a written plan for employee drug testing that: (1) covers all employees of the bidder who will perform work on the public work project; and (2) meets, or exceeds, the requirements set forth in I.C. 4-13-18-5 or I.C. 4-13-18-6section 3.95.020 of this Chapter and I.C. 36-1-12-24;

(G)The name and description of the management experience of each of the bidder’s project managers and superintendents that bidder intends to assign to work on the project;

(H)Proof of any professional or trade license required by law and section 3.95.030 of this Chapter for any trade or specialty area in which bidder is seeking a contract award, disclosure of any suspension or

revocation within the previous five years of any professional or trade license held by the company, or of any director, office or manager employed by the bidder;

(I) Evidence that the contractor is utilizing a surety company which is on the United States Department of Treasury’s listing of approved sureties; and

(J) A(J) The contractor shall provide a written statement of any federal, state, or local tax liens or tax delinquencies owed to any federal, state, or local taxing body in the last five years.

The City reserves the right to require supplemental information from the bidder for verification of any of the information provided by the bidder and may also conduct random inquiries of the bidder’s current and prior customers. Notwithstanding the foregoing, this section shall not apply to a public work project performed by the City in accordance with I.C. 36-1-12- 3(b).

(2) 15.30.020 Post-bid submissionsSubmissions from subcontractors

(A)All bidders shall provide a written list that discloses the name, address, and type of work for each first-tier subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors, within five (5) business days after the date the bids are due.. In accordance with section 3.90.110, all bidders shall adhere to City policy and procedures pertaining to minority owned business and women owned business utilization.

(B)In addition, each such first-tier subcontractor shall be required to adhere to the requirements of section 15.30.0103.95.040(1) of this chapter as though it were bidding directly to the City, except that first-tier subcontractors shall submit the required information (including the name, address, and type of work for each of their first-tier subcontractors) to the successful bidder no later than five (5) business days after the subcontractor’s first day of work on the public work projectbidder and the bidder shall then forward said information to the City. Payment shall be withheld from any first-tier subcontractor who fails to timely submit said information until such information is submitted and approved by the City.

(C)Upon request, the City may require any second and lower-tier subcontractorsbidder to provide the required information (including name, address, type of work on the project and the name of the higher-tier subcontractor).) about its second and lower-tier subcontractors. Payments shall be withheld from any second or lower-tiered contractorbidder who fails to timely submit this information until this information is submitted and approved by the City. Additionally, the City may require the successful bidder andto remove the relevant subcontractor to remove theor

4826-6290-1551.v1

second or lower-tier subcontractor from the project and replace it with a responsive and responsible subcontractor.

(D)Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may The City may withhold all payments otherwise due to a bidder for work performed by a subcontractor, until thesuch subcontractor submits the required information required pursuant to this chapter and the City approves such information. The City may also require that successful bidder to remove the subcontractor from the project and replace it with aSuccessful bidders shall only be permitted to use approved subcontractors which have provided required information to the City about the applicable responsive and responsible subcontractor.

(E)The disclosure of a subcontractor (“Disclosed Subcontractor”) by a bidder or a subcontractor shall not create any rights in the Disclosed Subcontractor. Thus, aA bidder and/or subcontractor may not substitute another subcontractor (“Substitute Subcontractor”) for a Disclosed Subcontractor by giving thewithout written approval of City. The contractor shall provide written notice of the name, address, and type of work of the Substitute Subcontractor. The Substitute Subcontractor isshall be subject to all of the obligations of a subcontractor under this chapter.

(3) 15.30.030 Validity of pre-qualification classification

(A) Upon designation by the City that a contractor’s or subcontractor’s submission in anticipation of a bid is complete and timely, and upon any further consideration deemed necessary by the City, the contractor or subcontractor may be pre-qualified for future City public works projects. A contractor’s classification as “pre-qualified” shall exempt the contractor or sub-contractor from the comprehensive submission requirements contained herein for a period of twelve (12) months. Thereafter, contractors or subcontractors who are pre-qualified must submit a complete application for continuation of “pre-qualified” standing on a form provided by the City (also referred to as the “short form”) by December 31st for the upcoming calendar year. Failure by any pre-qualified contractor or subcontractor to timely submit its complete application for continuation of “pre-qualified” standing shall result in automatic removal of the designation, effective January 1 of the upcoming year. However, the “removed” contractor or subcontractor shall still be permitted to bid on City public works projects.

(B) Any material changes to the contractor’s status, at any time, must be reported in writing within ten (10) days of its occurrence to the City. The pre-qualification designation is solely within the discretion of the City and the City specifically reserves the right to change or revoke the designation for a stated written reason(s).

(C) Denial of pre-qualification shall be in writing and shall be forwarded to the contractor within seven (7) working days of such decision. Any contractor denied or losing pre- qualification status may request reconsideration of the decision by submitting such request in writing to the City within five (5) business days of receipt of notice of denial.

(4) 15.30.040 Incomplete submissions by bidders
(A) It is the sole responsibility of the potential bidder to comply with all submission

requirements applicable to the bidder in this section 15.30.010 above3.95.040 by no later than 4826-6290-1551.v1

the public bid opening. Post-bid submissionsSubmissions from subcontractors must be submitted in accordance with section 15.30.0203.95.040(2) above. Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid.

(5) 15.30.050 Responsive and responsible bidder determination

The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible. pursuant to I.C. 36-1-12-4. The City specifically reserves the right to utilize all information provided in the contractor or subcontractor’s submission or any information obtained by the City through its own independent verification of the information provided by the contractor.

(6) 15.30.060 Certified payroll

(A) For public work projects in which the cost is at least Two Hundred and Fifty Thousand Dollars ($250,000), the successful bidder and all subcontractors working on a public work project shall, upon request by the City, submit a certified payroll report utilizing the federal form now known as a WH-347 which must be prepared on a weekly basis and submitted to the City within ten (10) calendar days after the end of each week in which the bidder or subcontractor performed its work on the public work project. These certified payroll reports shall identify the job title, work classification, rate of pay, tax deductions, and craft of each employee on the project, e.g. journeyman electrician or apprentice electrician. The successful bidder and all subcontractors may satisfy the requirements of this section, if requested by the City, by providing the federal form now known as a WH 347.

(B) The City may withhold payment due for work performed by a bidder if the bidder fails to timely submit its certified payroll reports until such time as such certified payroll reports are submitted. The City may also withhold payment due for work performed by a subcontractor if the subcontractor fails to timely submit its certified payroll reports until such time as such certified payroll reports are submitted. The City shall not withhold payment to a bidder for work performed by the bidder or for work performed by subcontractors who have submitted their certified payroll reports, because one or more other subcontractors failed to timely submit their certified payroll reports.

(7) 15.30.070 Public records

All information submitted by a bidder or a subcontractor pursuant to this chapter, including certified payrolls, are public records subject to review pursuant to the Indiana Access to Public Records law (IC 5-14-3).

(8) 15.30.080 Penalties for false, deceptive, or fraudulent statements / information

Any bidder that willfully makes, or willfully causes to be made, a false, deceptive or fraudulent statement, or willfully submits false, deceptive or fraudulent information in connection with any submission made to the City shall be disqualified from bidding on all City

4826-6290-1551.v1

projects for a period of three (3) years and may be enforced pursuant to EMC 1.05.170 and 1.05.180, or as otherwise provided by statute.

(9) Conflict and Applicable Law

This section 3.95.040 shall be interpreted and construed in harmony with I.C. 36-1-12, I.C. 5-16-13 and all applicable provisions of the Indiana Code as they pertain to public work projects, nothing herein shall be interpreted to be in conflict therewith. Should there be a conflict, the applicable provisions of the Indiana Code shall govern.

Section 2. Severability. If any provision of this Ordinance is found to be invalid, the remaining provisions of this Ordinance shall not be affected by such a determination. These other provisions of this Ordinance shall remain in full force and effect without the invalid provision.

Section 3. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council.

PASSED BY the Common Council of the City of Evansville, Indiana, on the ___ day of _________________, 2016, and on said day signed by the President of the Common Council and attested by the City Clerk.

____________________________ Missy Mosby
President of the Common Council

ATTEST:

____________________________ Laura Windhorst, City Clerk
City of Evansville, Indiana

Presented to me, the undersigned, City Clerk of the City of Evansville, Indiana, and to the Mayor of said City, the ____ day of ________________, 2016, at _____ o’clock __.m. for his consideration and action thereon.

____________________________ Laura Windhorst, City Clerk
City of Evansville, Indiana

Ivy Tech Community College & Gibson County Schools to Announce New Initiative 

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Ivy Tech Community College and Gibson County Schools will announce a new initiative at a press conference Wednesday, March 30, at 9:30 a.m. (CST).  The event will be held at Ivy Tech’s Princeton Instructional Center in Princeton, IN.

Gibson County Schools and Ivy Tech Community College 

Press Conference

Wednesday, March 30, 2016

9:30 a.m. (CST)

Ivy Tech Princeton Instructional Center

2431 S. Crabtree Drive, Princeton, IN 47670

School officials and Ivy Tech Community College Chancellor, Jonathan Weinzapfel, will lead the announcement. Community leaders will be in attendance at the event. This event is open to the public and community members are also encouraged to attend.

MONSTER JAM IS REVVING INTO TO FORD CENTER, APRIL 15-16

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EVANSVILLE Monster Jam® Tickets Now Available
Monster Jam at Ford Center

Feld Motor SportsSM announced tickets for the MetroPCS and Dairy Queen present Monster Jam Brought to you by Casey’s General Stores the world’s premier monster truck series, are on sale at the Ford Center and surrounding Ticketmaster locations. Monster Jam is revving into Ford Center, April 15-16, 2016. Three shows in the Evansville market due to extreme popularity with great discount offers starting March 21.

Monster Jam® events are affordably priced for the whole family with $20 adult tickets and $10 kid’s tickets (ages 2-12) with a limited amount of $22 Gold Circle and $25 Front Row tickets. Participating Casey’s General Stores are offering a $5 off adult ticket coupons starting March 21 while supplies last. Free Pit Passes, valid for Friday 4:30-5:45 p.m. ONLY, are available at participating Dairy Queen stores starting March 21 while supplies last Saturday, 11 a.m.-12:30 p.m. Pit Party available for purchase. The Party in the Pits gives fans the opportunity to get a view of the massive monster trucks up close and meet the drivers. Pit Passes are available for purchase for $10 adults and kids (ages 2 -12) at the Ford Center Box Office or online at www.ticketmaster.com. Pit pass and an event ticket are required for entry to the Party in the Pits. Friday, April 15, 7 p.m. event ticket along with Pit Pass required for Friday entry. Saturday, April 16, 2 p.m. event ticket along with Pit Pass required for Saturday entry. The Saturday evening, 7 p.m. performance does not include a Pit Party before the show. Starting March 21, pick up a Buy One Adult Ticket, Get One Kid’s Ticket FREE saving voucher at participating Evansville MetroPCS locations.

The Evansville show will feature: the ever-popular Grave Digger driven by Charlie Pauken, Monster Mutt Junkyard Dog driven by Dustin Brown, Soldier Fortune Black Ops driven by Tony Ochs, El Toro Loco driven by Becky McDonough, Xtermigator driven by JR McNeal, Razin Kane driven by Buddy Tompkins! All appearances are subject to change without notice. Approximately 12 feet tall and about 12 feet wide, monster trucks are custom-designed machines that sit atop 66-inch-tall tires and weigh a minimum of 10,000 pounds. Built for short, high-powered bursts of speed, monster trucks generate 1,500 to 2,000 horsepower and are capable of speeds of up to 100 miles per hour. Monster trucks can fly up to 125 to 130 feet (a distance greater than 14 cars side by side) and up to 35 feet in the air.

For more information on Monster Jam, log onto www.MonsterJam.com. To follow Monster Jam on Facebook and Twitter, log on to Facebook.com/MJOnline and Twitter.com/MonsterJam.

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