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Home My WebLink About2016.02.02_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO CITY COUNCIL _ JAN 2 7016 ' Council Chambers, Old Central Building City Clerk's Office 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, February 2, 2016 - 6:30 pm 1. Call to Order Mayor Jeri Moberly 2. Invocation Father Bryan Beard of the Church of the Holy Cross 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Attentiveness Gary Akin, former Character Council Member 6. Annual Report of the Owasso Strong Neighborhood Initiative Jerry Fowler 7. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - January 19, 2016, Regular Meeting B. Approve claims C. Accept donations in memory of Damon Fields and approve a budget amendment in the Hotel Tax Fund, Strong Neighborhoods Department, increasing the estimated revenue and increasing the appropriation for expenditures by $230 D. Accept cash and in -kind donations and approve a budget amendment in the General Fund, Community Center Department, increasing the estimated revenues and the appropriation for expenditures by $90 for the cash donations E. Approve Ordinance 1069, approving planned unit development application PUD 15 -02 for the development of a mini - storage facility project on approximately 3.9 acres of property located in Section 33, Township 21 North, Range 14 East of the 1.B. &M., Tulsa County, State of Oklahoma, and repealing all ordinances or parts of ordinances in conflict herewith (located southeast of E 76th St N and N 129th St E Ave) 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Consideration and appropriate action relating to the award of a bid for the Rayola Park Splash Pad Expansion project Larry Langford Staff recommends award of the base bid and alternate #1 and approval of a contract with RJR Enterprises in the amount of $256,302.50 for the construction of the project. Owasso City Council February 2, 2016 Page 2 10. Consideration and appropriate action relating to an Inter -local Agreement with Tulsa County for right -of -way and utility relocation for the E 1161h St N and N 129th E Ave intersection improvements Dwayne Henderson Staff recommends approval of the Inter -local Agreement with Tulsa County. 11. Consideration and appropriate action relating to a contract to provide merchant credit card payment processing Andrew Neyman Staff recommends approval of the contract with SignaPay and associated providers and authorization for the City Manager to execute the contract. 12. Report from City Manager • Monthly Public Works Project Status Report 13. Report from City Attorney 14. Report from City Councilors 15. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 1/23/16 • Health Care Self- Insurance Claims - dated as of 1/28/16 • DEQ Permit No. SL000072150719 for the construction of 3837 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve Carrington Pointe II 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 17. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall bulletin board at 6:00 pm on Friday, January 29, 2016, Sherry Bish6p, City Clerk OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, January 19, 2016 The Owasso City Council met in regular session on Tuesday, January 19, 2016, in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and the Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, January 15, 2016. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Mike Frantz, Associate Pastor of Discovery Bible Fellowship. 3. Flag Salute Councilor Bonebrake led the flag salute. 4. Roll Call Present Absent Mayor - Jeri Moberly None Vice - Mayor- Lyndell Dunn Councilor -Doug Bonebrake Councilor - Bill Bush Councilor - Chris Kelley A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi 5. Presentation of the Employee of the Quarter Warren Lehr presented Employee of the Quarter, Cara Lynn, Police Department, 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (Ail matters listed under "Consent' are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • January 5, 2016, Regular Meeting • January 12, 2016, Regular Meeting B. Approve claims C. Accept the Capital One "Transforming Your Community Program" donation and approve a budget amendment in the Fire Department Half -Penny Sales Tax Fund increasing the estimated revenues and the appropriation for expenditures by $5,000 D. Accept the donation from Dr. Steven Kovacs and approve a budget amendment in the Ambulance Service Fund, increasing the estimated revenue and the appropriation for expenditures by $3,100 Mr. Bush requested Item 6B be removed for separate consideration. Mr. Bonebrake moved, seconded by Mr. Dunn to approve Items 6A, 6C, and 6D of the Consent Agenda. Owasso City Council January 19, 2016 Page 2 YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Item 6B of the Consent Agenda with claims totaling $448,439.78. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 8. Public Hearing and consideration and appropriate action relating to Planned Unit Development OPUD- 15 -02, for property located southeast of E 76th St N and N 129th St E Ave (Safelock Storage) Karl Fritschen presented the item. The Mayor opened the Public Hearing for comment. One citizen offered input. After discussion, Mr. Bush moved, seconded by Dr. Kelley to approve OPUD- 15 -02, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly' NAY: None Motion carried: 5 -0 Consideration and appropriate action relating to an agreement for engineering services for the E 106th St N and N 145th E Ave Intersection Improvements Dwayne Henderson presented the item recommending approval of Agreement for Engineering Services for the E 106th St N and N 1451h E Ave Intersection Improvements with Poe & Associates, Inc., in the amount of $168,800 and authorization for the Mayor to execute the agreement. After discussion, Dr. Kelley moved, seconded by Mr. Dunn to approve the agreement in the amount of $168,800 with Poe & Associates, Inc., and to authorize the Mayor to execute the agreement, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to the purchase of a vehicle in the Stormwater Division Tim Doyle presented the item recommending approval to purchase a 2016 Dodge Ram 5500, regular cab, diesel, four -wheel drive truck with dump bed in the amount of $62,618 from Bob Howard Chrysler Jeep Dodge of Oklahoma City, Oklahoma per Oklahoma State Bid award contract SW60035. After discussion, Mr. Bonebrake moved, seconded by Dr. Kelley to approve the purchase of a 2016 Dodge Ram 5500, regular cab, diesel, four -wheel drive truck with dump bed, as recommended per the Oklahoma State Bid. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 Owasso City Council January 19, 2016 Page 3 11. Consideration and appropriate action relating to a bridge cleaning project Jacob Ketner presented the item recommending award of the bid and approval of a construction contract with Barnes Construction of Tulsa, Oklahoma to include the base project, plus Alternate #1 for a total contract amount of $92,438.75 and authorization for the Mayor to execute the contract. After discussion, Mr. Bush moved, seconded by Dr. Kelley to award the bid and to approve the contract plus Alternate #1 in the amount of $92,438.75 with Barnes Construction of Tulsa, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to Ordinance 1068, amending the provisions of Part 7, Finance and Taxation, Chapter 2, Sales Tax, Section 7 -206, Effective Date, Section 7 -207, Purpose of Revenues and Section 7 -208 Tax Rates; Sales Subject to Tax, of the Code of Ordinances of the City of Owasso, Oklahoma, by levying and assessing a sales tax of fifty -five hundredths percent (0.55 %) in addition to all other excise taxes levied and assessed upon the gross proceeds or gross receipts derived therefrom; providing for requirement of approval by a majority of the qualified registered voters voting at an election held for such purposes as provided by law; providing provisions severable; and declaring an effective date Warren Lehr presented the item recommending Council approval of Ordinance 1068 amending the sales tax rate to include a portion of an expiring county sales tax, providing a designated purpose for the revenue generated, and setting a "sunset" of seven years. After discussion, Dr. Kelley moved, seconded by Mr. Dunn to approve Ordinance 1068, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to Resolution 2016 -01, calling a special election in the City of Owasso, State of Oklahoma, for the purpose of submitting to the registered, qualified voters of said city the question of the approval or disapproval by said voters of Ordinance 1068 of said city, levying and assessing a sales tax of fifty -five hundredths of one percent (0.55 %) in addition to all other excise taxes levied and assessed upon the gross proceeds or gross receipts derived therefrom; providing that the proceeds of said sales tax shall be used for street improvements; providing for the commencement and duration of such tax; providing notice to the Tulsa County Election Board for the conduct of such election; and designating the polling precincts to be open or closed Warren Lehr presented the item recommending approval of Resolution 2016 -01. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Resolution 2016 -01, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 14. Report from City Manager Mr. Lehr acknowledged recent city events. Owasso City Council January 19, 2016 Page 4 15. Report from City Attorney None 16. Report from City Councilors None 17. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Reports: • Pay Period Ending Date 12/26/15 • Pay Period Ending Date 1/9/16 • Health Care Self- Insurance Claims - dated as of 1/] 4/16 • Monthly Budget Status Report - December 2015 • FY 2015 Audit Report provided during January 12, 2016 worksession 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 19. Adjournment Mr. Bonebrake moved, seconded by Dr. Kelley to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried 5 -0 and the meeting adjourned at 7:42 pm. Jeri Moberly, Mayor Lisa Wilson, Minute Clerk Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description IPayment Amount MUNICIPAL COURT OKLAHOMA MUNICIPAL COURT CLERKS DISTRICT 2 WORKSHOP 100.00 YOUTH SERVICES OF TULSA YOUTH SERVICES 4,125.00 TOTAL MUNICIPAL COURT 4,225.00 MANAGERIAL JPMORGAN CHASE BANK MEETING EXPENSE 9439 JPMORGAN CHASE BANK OK PRESS -OPEN REC BOOK 20.00 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 19.96 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 7.19 JPMORGAN CHASE BANK MEETING EXPENSE 24.76 JPMORGAN CHASE BANK EMPLOYEE RECOGNITION 25.00 JPMORGAN CHASE BANK WORKSESSION MTG EXPENSE 100.00 TOTAL MANAGERIAL 291.70 FINANCE JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 18.99 JPMORGAN CHASE BANK CONFERENCE CALL SERVICES 18.81 TOTAL FINANCE 37.80 HUMAN RESOURCES JPMORGAN CHASE BANK CHARACTER BULLETINS 648.00 JPMORGAN CHASE BANK AMAZON -BOOKS 37.56 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 248.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 6.66 JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP 31.00 TOTAL HUMAN RESOURCES 971.22 GENERAL GOVERNMENT JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 28.99 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 8.98 AEPIPSO ELECTRIC USE 3,786.70 CINTAS CORPORATION CARPET CLEANING SERVICES 67.04 INCOG LEGISLATIVE CONSORTIUM 1,292.00 TULSA COFFEE SERVICE INC CITY HALL COFFEE SERVICE 70.84 DRAKE SYSTEMS INC COPIER SERVICES - UPSTAIR 422.13 AMERICAN SOCIETY OF COMPOSERS AUTHO LICENSE FEE 336.00 RICOH USA, INC. COPYING SERVICES - RICOH 366.41 NEWTON, O'CONNOR, TURNER & KETCHUM AUDIT LETTERS 90.00 MAILROOM FINANCE INC POSTAGE 1,000.00 TOTAL GENERAL GOVERNMENT 7,469.09 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 23.98 JPMORGAN CHASE BANK AMAZON -HARD DRIVEJCOM DEV 86.86 JPMORGAN CHASE BANK AMAZON - DOCUMENT SCANNER 269.99 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 20.46 JPMORGAN CHASE BANK OFFICE DEPOT -CHAIR 199.99 Page 1 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description Payment Amount COMMUNITY DEVELOPMENT. JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 360.43 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 25.90 TOTAL COMMUNITY DEVELOPMENT 987.61 ENGINEERING JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 3.60 JPMORGAN CHASE BANK INTERSTATE - BATTERIES 358.76 UNIFIRST HOLDINGS LP UNIFORM CLEANING 21.96 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 57.98 TOTAL ENGINEERING 461.86 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK NEWEGG -HARD DRIVES 198.22 JPMORGAN CHASE BANK SERVER TECH -HARD DRIVES 345.67 MCCI LASERFICHE SUPPORT 9,987.60 JPMORGAN CHASE BANK WCS SERVICES -USB MODEM 29.00 TOTAL INFORMATION TECHNOLOGY 10,560.49 SUPPORT SERVICES JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 275.43 JPMORGAN CHASE BANK LOWES -CITY FLAG LATCH 9.04 JPMORGAN CHASE BANK L & W SUPPLY - CEILING TILE 253.44 JPMORGAN CHASE BANK COX - INTERNET 69.95 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 21.36 SPRINT SOLUTIONS, INC. SPRINT CARDS 79.98 SPOK, INC, PAGER USE 8.89 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 17.35 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 17.35 JPMORGAN CHASE BANK LOWES-LIGHT BULBS 165.72 TOTAL SUPPORT SERVICES 918.51 CEMETERY SPOK, INC. PAGER USE 8.89 OWASSO TOP SOIL DIRT FOR CEMETERY 162.50 AEP /PSO ELECTRIC USE 24.81 UNIFIRST HOLDINGS LP UNIFORM CLEANING 11.96 UNIFIRST HOLDINGS LP UNIFORM CLEANING 11.96 JPMORGAN CHASE BANK LOWES- STRAPS/TARPS 53.85 TOTAL CEMETERY 273.97 POLICE - HWY SAFETY GRAN JPMORGAN CHASE BANK ISTALKER RADAR - RADARS 6,000.00 TOTAL POLICE - HWY SAFETY GRANT 6,000.00 POLICE COMMUNICATIONS JPMORGAN CHASE BANK FACTORYOUTLET -COMM EQUIP 624.35 JPMORGAN CHASE BANK DISC MUGS - PRISONER BOARD 48.00 Page 2 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description PaymentAmount POLICE COMMUNICATIONS... JPMORGAN CHASE BANK SAMS CLUB - PRISONER BOARD 8824 JPMORGAN CHASE BANK SOUTHERN RUBBER -STAMP 47.40 JPMORGAN CHASE BANK AMAZON- SUPPLIES 62.38 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 4150 JPMORGAN CHASE BANK DASH MEDICAL - PRISONER BRD 65.90 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 28.97 JPMORGAN CHASE BANK WALMART - PRISONER BOARD 44.06 JPMORGAN CHASE BANK WALMART - PRISONER BOARD 152.92 AEP /PSO - ELECTRIC USE 198.26 DEPARTMENT OF PUBLIC SAFETY JOLETS USER FEE 450.00 TOTAL POLICE COMMUNICATIONS 1,853.98 ANIMAL CONTROL JPMORGAN CHASE BANK SERENITY- CREMATIONS 285.00 AEP IPSO ELECTRIC USE 339.62 JPMORGAN CHASE BANK WALMART- SUPPLIES 195.95 JPMORGAN CHASE BANK ZOETIS- SUPPLIES 139.50 JPMORGAN CHASE BANK HILLS PET-SUPPLIES 20.13 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 54.90 TOTAL ANIMAL CONTROL 1,035.10 EMERGENCY PREPAREDNES JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 21.97 JPMORGAN CHASE BANK LOWES -WATER LINE 5.97 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 10.68 AEP /PSO ELECTRIC USE 109.88 TOTAL EMERGENCY PREPAREDNESS 148.50 STORMWATER JPMORGAN CHASE BANK OREILLYS- ANTIFREEZE 11.99 JPMORGAN CHASE BANK OREILLYS -FUEL HOSE 2.00 SPOK, INC. PAGER USE 39.55 ANCHOR STONE COMPANY RIP RAP FOR CHANNEL PROJ 1,022.98 JPMORGAN CHASE BANK NEW HOLLAND - BOLTS /BLADES 1,162.21 JPMORGAN CHASE BANK MAXWELL -STRAW WATTLES 71.80 JPMORGAN CHASE BANK QUALITY TIRE -TIRE REPAIRS 105.00 JPMORGAN CHASE BANK WARREN CAT -DOZER RENTAL 485.10 JPMORGAN CHASE BANK EQUIP ONE - TAMPER RENTAL 70.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 20.71 UNIFIRST HOLDINGS LP UNIFORM CLEANING 20.71 JPMORGAN CHASE BANK ATWOOD -FIRE EXTINGUISHERS 39.98 TOTAL STORMWATER 3,052.03 PARKS VERDIGRIS VALLEY ELECTRIC COOP PARKS OFFICE ELECTRIC 54A4 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE AT MCCARTY 36.00 AZTEC NE OVERHEAD DOOR, INC PARKS OFFICE GARAGE DOOR 201.00 Page 3 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description PaymentAmount PARKS... UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 AEP /PSO ELECTRIC USE 1,399.58 TOTAL PARKS 1,721.52 CULTURE AND RECREATION JOWASSO CHAMBER OF COMMERCE ILEADER7HIP OWASSO CLASS 495.00 TOTAL CULTURE AND RECREATION 495.00 COMMUNITY CENTER DRAKE SYSTEMS INC COPIER SERVICES 302.00 AEP IPSO ELECTRIC USE 737.89 JPMORGAN CHASE BANK AMAZON- SUPPLIES 5.30 JPMORGAN CHASE BANK WESTLAKE ACE - MAILBOX 82.11 JPMORGAN CHASE BANK LOWES- SUPPLIES 99.78 JPMORGAN CHASE BANK REASORS- COFFEE 7.99 IMPERIAL LLC ICE MAKER/DISPENSER 5,345.00 JPMORGAN CHASE BANK TUCKER - SUPPLIES 217.90 JPMORGAN CHASE BANK TUCKER - SUPPLIES 67.25 JPMORGAN CHASE BANK LOWES- SUPPLIES 24.35 JPMORGAN CHASE BANK LOWES - SUPPLIES 46.06 JPMORGAN CHASE BANK AMAZON -SIGN STANDS 95.52 JPMORGAN CHASE BANK LOWES- SUPPLIES 248.25 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 29.77 JPMORGAN CHASE BANK AMAZON - HANGING DISPLAY 154.48 JPMORGAN CHASE BANK OFFICE DEPOT - FOLDING SVC 3.50 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 23.58 JPMORGAN CHASE BANK LOWES - SUPPLIES 169.70 JPMORGAN CHASE BANK RANDYS PEST -PEST CONTROL 80.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 64.15 JPMORGAN CHASE BANK LOWESSUPPLIES 128.87 JPMORGAN CHASE BANK LOWES- LOCKS /PANELS 54.67 JPMORGAN CHASE BANK MISTER SPRAY -GFCI RECEPT 676.00 JPMORGAN CHASE BANK HOBBY LOBBY -PAPER CRAFT 11.98 JPMORGAN CHASE BANK LOWES-SUPPLIES 390.17 TOTAL COMMUNITY CENTER 9,066.27 HISTORICAL MUSEUM AEP IPSO JELECTMC USE 102.13 TOTAL HISTORICAL MUSEUM 102.13 ECONOMIC DEV JPMORGAN CHASE BANK FRONTIER.COM- SUBSCRIPTION 30.00 JPMORGAN CHASE BANK OEDC- MEMBERSHIP DUES 300.00 GOVERNOR'S ECONOMIC DEVELOPMENT MEMBER APPLICATION FEE 100.00 JPMORGAN CHASE BANK SEDC- MEMBERSHIP DUES 250.00 JPMORGAN CHASE BANK MEETING EXPENSE 17.48 Page 4 Claims List 2/2/2016 Budget Unit Title Vendor Name I Payable Description PaymentAmount ECONOMIC DEV.. JJPMORGAN CHASE BANK IWALL ST JOURNAL - RENEWAL 32.99 TOTAL ECONOMIC DEV 730.47 FUND GRAND TOTAL 50,402.2 AMBULANCE JPMORGAN CHASE BANK EMS RECERTIFICATION 20.00 JPMORGAN CHASE BANK EMS RECERTIFICATION 20.00 TOTAL AMBULANCE 40.00 40.0 FUND GRAND TOTAL E911 COMMUNICATIONS INCOG -E911 E911 ADMIN SVC FEES 7,855.58 JPMORGAN CHASE BANK TOTAL RADIO -MAINT CONTRAC 410.00 TOTAL E911 COMMUNICATIONS 8,265.58 8,265.5 FUND GRAND TOTAL HOTEL TAX - ECON DEV AEP /PSO ELECTRIC USE 49.62 TOTAL HOTEL TAX - ECON DEV 49.62 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK MEETING EXPENSE 446.45 JPMORGAN CHASE BANK SAV ON PRINTING -ID CARD 80.00 JPMORGAN CHASE BANK SAV ON- BUSINESS CARDS 110.00 JPMORGAN CHASE BANK DOLLARTREE- SUPPLIES 5.45 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 199.96 JPMORGAN CHASE BANK OFFICE DEPOT -CONF SUPPLIE 159.85 TOTAL STRONG NEIGHBORHOODS 1,001.71 1,051.3 FUND GRAND TOTAL STORMWATER- STORMWATE AEP /PSO JELECTRIC USE 262.65 TOTAL STORMWATER- STORMWATER 262.65 262.6 FUND GRAND TOTAL RAYOLA SPLASH PAD IRAYOLA SPLASH PAD EXPANSI 11,000.00 TOTAL RAYOLA SPLASH PAD EXPANS 11,000.00 11,000.0 FUND GRAND TOTAL Page 5 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND -FIRE ARAMI GOLDSTEIN TUITION REIMBURSEMENT 375.88 NORTH AMERICA FIRE EQUIPMENT CO. FIRE HELMET SHIELDS 562.66 CONRAD FIRE EQUIPMENT INC. VEHICLE PARTS 208.57 TULSA AUTO SPRING CO REPLACE AMB AIR BAGS 1,427.43 AEP /PSO ELECTRIC USE 2,462.73 JPMORGAN CHASE BANK ACADEMY- APPAREL 49.99 JPMORGAN CHASE BANK REASORS- SUPPLIES 9.99 JPMORGAN CHASE BANK UNITED ENGINES - MAINTENANC 2,405.61 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 110.39 JPMORGAN CHASE BANK SAV ON PRINTING - SUPPLIES 75.00 JPMORGAN CHASE BANK PAUL CONWAY -VEH LETTERING 228.76 JPMORGAN CHASE BANK LOCKE SUPPLY -PART 90.20 JPMORGAN CHASE BANK CASCO INDUST- APPAREL 156.00 JPMORGAN CHASE BANK L & M- OFFICE FURNITURE 1,993.00 JPMORGAN CHASE BANK AMERICAN WASTE - DUMPSTER 388.00 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 134.92 JPMORGAN CHASE BANK ACCURATE FIRE- EXTINGUISHE 29.49 JPMORGAN CHASE BANK IAFC- DUESANALKER 214.00 JPMORGAN CHASE BANK IAFC - DUES / GOLDSTEIN 95.00 JPMORGAN CHASE BANK IAFC- DUES /STUCKEY 214.00 JPMORGAN CHASE BANK AMAZON - MEMBERSHIP FEES 99.00 JPMORGAN CHASE BANK TRAVELEXPENSE 4.89 JPMORGAN CHASE BANK TRAVELEXPENSE 7.03 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES 53.76 JPMORGAN CHASE BANK TRAVELEXPENSE 10.47 JPMORGAN CHASE BANK ATWOOD - SUPPLIES 17.99 JPMORGAN CHASE BANK LODGING EXPENSE 267.00 JPMORGAN CHASE BANK DRY CLEANING ST- CLEANING 63.54 JPMORGAN CHASE BANK LOWES -DOOR LOCK ST 3 16.98 JPMORGAN CHASE BANK TRAVELEXPENSE 11.00 DUVALL ELECTRIC, LLC BLDG ELECTRICAL REPAIR 2,830.00 JPMORGAN CHASE BANK TRAVELEXPENSE 11.00 JPMORGAN CHASE BANK MAIL THIS- SUPPLIES 11.90 JPMORGAN CHASE BANK TRAVELEXPENSE 10.65 JPMORGAN CHASE BANK TRAVELEXPENSE 9.34 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 18.46 JPMORGAN CHASE BANK TRAVELEXPENSE 10.25 JPMORGAN CHASE BANK FLEET FEET -SHOES 90.00 JPMORGAN CHASE BANK LOWES - SUPPLIES 60.43 JPMORGAN CHASE BANK TRAVELEXPENSE 11.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 84.06 JPMORGAN CHASE BANK TRAVELEXPENSE 6.42 JPMORGAN CHASE BANK AMAZON - OFFICE SUPPLIES 51.98 JPMORGAN CHASE BANK BEST BUY - SUPPLIES 24.99 Page 6 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description IPayment Amount SALES TAX FUND - FIRE... JJPMORGAN CHASE BANK DEFENDER -DRY SUITS 1,705.47 TOTAL SALES TAX FUND -FIRE 16,719.23 16,719.2 FUND GRAND TOTAL SALES TAX FUND - POLICE JPMORGAN CHASE BANK AMAZON - SUPPLIES 24.55 JPMORGAN CHASE BANK FAMILYANIMAL -K9 MEDICAL 53.99 JPMORGAN CHASE BANK SOUTHERN AG -K9 FOOD 89.98 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 891.86 JPMORGAN CHASE BANK MEETING EXPENSE 40.45 JPMORGAN CHASE BANK AMAZON - OFFICE SUPPLIES 10.95 JPMORGAN CHASE BANK DOLLAR GENERAL - SUPPLIES 6.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 51.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 26.81 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 14.19 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 31.94 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 5.88 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 690.90 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 830.84 JPMORGAN CHASE BANK FBI LEEDA- TRAINING /RIBBER 650.00 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 96.00 JPMORGAN CHASE BANK ULTRA MAX- FIREARM SUPPLIE 288.60 JPMORGAN CHASE BANK AMAZON -BOOKS 35.64 JPMORGAN CHASE BANK AMAZON- SUPPLIES 12.30 JPMORGAN CHASE BANK AMAZON - UNIFORMS 18.99 JPMORGAN CHASE BANK OFFICE DEPOT -SQ RM CHAIRS 465.27 JPMORGAN CHASE BANK STALKER RADAR - RADARS 337.50 JPMORGAN CHASE BANK JETPENS.COM- SUPPLIES 30.00 JPMORGAN CHASE BANK AT UR SVC- RENTAL 80.00 JPMORGAN CHASE BANK PUB SAFETY CTR- RAINCOAT 150.00 JPMORGAN CHASE BANK PUB SAFETY CTR - RAINCOAT 150.00 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 77.81 JPMORGAN CHASE BANK PAYPAL -PD LIGHT BAR CONTR 52.65 JPMORGAN CHASE BANK AMAZON -PD BOOKS 114.70 JPMORGAN CHASE BANK AMAZON- SUPPLIES 11.77 JPMORGAN CHASE BANK SPECIAL CPS- UNIFORM ITEMS 29.98 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 333.91 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 18.00 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 569.94 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 128.04 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 1,535.30 JPMORGAN CHASE BANK USPS- POSTAGE 20.00 JPMORGAN CHASE BANK DEPT OF MILITARY - LODGING 210.00 JPMORGAN CHASE BANK ITATE BOYS - ALIGNMENT 59.95 Page 7 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND- POLICE... JPMORGAN CHASE BANK RAYALLEN- SUPPLIES 39.49 JPMORGAN CHASE BANK AMAZON- CAMERA 40.62 AEP /PSO ELECTRIC USE 2,152.34 JPMORGAN CHASE BANK AMAZON -BOOKS 6.05 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS 31.99 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS 217.94 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS 10.00 JPMORGAN CHASE BANK THOMSON WEST -CLEAR ACCESS 276.01 JPMORGAN CHASE BANK UNDERCOVER TRAINING /FELL 495.00 JPMORGAN CHASE BANK SALES TAX CREDIT -4.29 DRAKE SYSTEMS INC COPIER LEASE 448.91 BOB HOWARD DODGE, INC 6 DODGE CHARGERS 143,028.00 SPOK, INC. PAGER USE 35.56 TOTAL SALES TAX FUND - POLICE 155,023.81 155,023.81 FUND GRAND TOTAL SALES TAX FUND- STREETS SPOK, INC. PAGER USE 80.51 UNIFIRST HOLDINGS LP UNIFORM CLEANING 50.64 ANCHOR STONE COMPANY CRUSHER RUN STONE 227.10 APAC - OKLAHOMA, INC. ASPHALT 83.07 JPMORGAN CHASE BANK FLEETPRIDE -SIGN & FLAGS 47.29 AEP IPSO ELECTRIC USE 1,777.51 JPMORGAN CHASE BANK WALMART- HEATER 18.84 JPMORGAN CHASE BANK TULSA GAS- FILTER BLOCK 100.00 JPMORGAN CHASE BANK MAXWELL- CHAINS 240.08 JPMORGAN CHASE BANK TRAVEL EXPENSE 60.00 JPMORGAN CHASE BANK STD SPLY -AIR FILTER 19.22 JPMORGAN CHASE BANK STD SPLY -MOTOR 598.15 JPMORGAN CHASE BANK STD SPLY -AIR FILTER 19.22 JPMORGAN CHASE BANK EQUIPMENT ONE - PULLEY 34.60 JPMORGAN CHASE BANK SHELL -FUEL 14.79 JPMORGAN CHASE BANK MICHAEL TODD -POSTS 246.45 SIGNALTEK INC TRAFFIC SIGNAL MAINTENANC 1,490.85 JPMORGAN CHASE BANK OREILLY -MAINT SUPPLIES 59.88 JPMORGAN CHASE BANK CNG FUEL 1.90 JPMORGAN CHASE BANK CNG FUEL 0.18 JPMORGAN CHASE BANK MAXWELL SPLY- STAKES 25.77 JPMORGAN CHASE BANK MAXWELL SPLY- BLANKETS 114.19 JPMORGAN CHASE BANK CNG FUEL 5.37 JPMORGAN CHASE BANK GRAINGER -TOOL SET 1,316.84 UNIFIRST HOLDINGS LP UNIFORM CLEANING 47.69 JPMORGAN CHASE BANK TAYLOR CRANE -RESET DOZER 1,000.00 JPMORGAN CHASE BANK ISTD SPLY LAWN -PARTS 22.76 Page 8 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description IPaymentAmount SALES TAX FUND - STREETS... JJPMORGAN CHASE BANK ITRAVELEXPENSE 102.00 TOTAL SALES TAX FUND - STREETS 7,804.92 FUND GRAND TOTAL 7,804.9 CI - FBO BUILDING BKL INCORPORATED ARCHITECTURAL/ENGINEERING 2,800.00 TOTAL CI - FBO BUILDING 2,800.00 CI - GARN WID 96TH -106TH INTEGRA REALTY RESOURCES, LLC APPRAISAL - ROW ACQUISITI 2,750.00 INTEGRA REALTY RESOURCES, LLC APPRAISAL -ROW ACQUISITI 2,750.00 INTEGRA REALTY RESOURCES, LLC APPRAISAL- ROW ACQUISITI 2,750.00 INTEGRA REALTY RESOURCES, LLC APPRAISAL- ROW ACQUISITI 2,750.00 INTEGRA REALTY RESOURCES, LLC APPRAISAL - ROW ACQUISITI 2,750.00 DEWBERRY ENGINEERS, INC ENGINEERING SERVICES 6,000.00 TOTAL CI - GARN WID 96TH -106TH 19,750.00 116/129 INTERSECT IMPROV TULSA COUNTY BOCC ENGINEERING DESIGN 83,993.50 TOTAL 1161129 INTERSECT IMPROV 83,993.50 FUND GRAND TOTAL 106,543.5 CITY GARAGE JPMORGAN CHASE BANK HESSELBEIN TIRE -TIRES 1,130.02 JPMORGAN CHASE BANK HESSELBEIN -TIRE 139.73 AEPIPSO ELECTRIC USE 737.39 AT &T MOBILITY WIRELESS SERVICE 57.58 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 230.44 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 157.61 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 42.29 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 470.76 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 53.99 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 11.80 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 12.00 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 389.02 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 754.94 JPMORGAN CHASE BANK BUMP2BUMP -CORE RETURN 1 -75.00 TOTAL CITY GARAGE 4,176.65 FUND GRAND TOTAL 4,176.6 WORKERS' COMP SELF -INS CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS 737.98 Page 9 Claims List 2/2/2016 Budget Unit Title Vendor Name Payable Description PaymentAmount WORKERS' COMP SELF -INS.. CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 737.98 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 1,675.92 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 1,473.25 TOTAL WORKERS' COMP SELF -INS 4,625.13 FUND GRAND TOTAL 4,625.1 GEN LIAB -PROP SELF INS LIBERTY FENCE CO, INC TORT CLAIM 275.00 JPMORGAN CHASE BANK LENOX- TOWING 75.00 JPMORGAN CHASE BANK CLASSIC CHEW- REPAIRS 441.98 TOTAL GEN LIAB -PROP SELF INS 791.98 791.9 FUND GRAND TOTAL CITY GRAND TOTAL $366,707.03 Page 10 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Jerry Fowler Neighborhood Coordinator SUBJECT: Donations in Memory of Damon Fields DATE: January 29, 2016 BACKGROUND: Staff has recently received donations in the amount of $230 for OSNI- Owasso CARES in memory of Damon Fields. Damon was a local resident who was active in his neighborhood and had participated in several Owasso CARES Day of Services. When he passed away in December, his request was for any donations in his memory go to benefit OSNI- Owasso CARES. RECOMMENDATION: Staff recommends acceptance of the donations in memory of Damon Fields and approval of a budget amendment in the Hotel Tax Fund- Strong Neighborhoods increasing the estimated revenues and increasing the appropriation for expenditures by $230. n—Tity Wit out limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Joshua Quigley Community Center Manager SUBJECT: Cash and In -kind Donations DATE: January 29, 2016 BACKGROUND: From November 1, 2015, through January 22, 2016, staff has received donations for a total of $90.00 in cash and in -kind items from various citizens and community organizations. The in -kind donations are as follows: two hams and two turkeys valued to be $189.90; and bands, ankle weights, mat, disk, and various small exercise balls valued to be $100.00. The donated food items were served with the Friday pot -luck meals for community programs at the Community Center. The exercise equipment is available for use during the senior exercise programs. RECOMMENDATION: Staff recommends acceptance of the cash and in -kind donations and approval of a budget amendment in the General Fund, Community Center Department increasing the estimated revenues and the appropriation for expenditures by $90.00 for the cash donation. n—Titdy! out limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl A. Fhtschen RLA, AICP Chief Urban and Long Range Planner SUBJECT: Ordinance 1069 DATE: January 29, 2016 BACKGROUND: The City of Owasso received an application for a planned unit development (OPUD 15 -02) for a tract of land approximately 3.9 acres in size located near the southeast corner of E 76th St N and N 1291h E Ave, more specifically described as Lot 1, Block 1, Penix Place. The subject property shall be bound to the requirements of OPUD 15 -02. CITY COUNCIL: On January 19, 2016, City Council considered the item and voted unanimously to approve OPUD 15 -02. This ordinance affirms the action taken by the City Council RECOMMENDATION: Staff recommends approval of Ordinance 1069. ATTACHMENT: Ordinance 1069 CITY OF OWASSO, OKLAHOMA ORDINANCE 1069 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION PUD 15- 02 FOR THE DEVELOPMENT OF A MINI- STORAGE FACILITY PROJECT ON APPROXIMATELY 3.9 ACRES OF PROPERTY LOCATED IN SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M, TULSA COUNTY, STATE OF OKLAHOMA, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for the planned unit development of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested planned unit development application PUD 15 -02 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1. A TRACT OF LAND LOCATED IN LOT ONE (1) OF BLOCK ONE (1) OF FENIX PLACE, AN ADDITION TO TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5062, IN SECTION THIRTY THREE (33) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.) ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF; BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS: COMMENCING AT THE NW CORNER OF LOT 1 OF BLOCK 1 OF THE SAID PENIX PLACE; THENCE S 00 010'56" W ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 222.22 FEET TO THE POINT OF BEGINNING; THENCE N 90 000'00" E A DISTANCE OF 440.00 FEET TO THE EAST LINE OF SAID LOT l; THENCE S 00 010'56" W A DISTANCE OF 440.00 FEET TO THE SE CORNER OF SAID LOT 1; THENCE S 89 059'20" W A DISTANCE OF 440.00 FEET TO THE SW CORNER OF SAID LOT 1; THENCE N 00 010'56" E ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 386.58 FEET TO THE POINT OF BEGINNING, AND CONTAINING 3.904 ACRES, MORE OR LESS IS HEREBY SUBJECT TO THE STANDARDS OF PUD 15 -02. THE SITE DEVELOPMENT PLAN AND STATEMENT OF INTENT SHALL BE FOLLOWED FOR ANY DEVELOPMENT OF THE DESCRIBED PROPERTY. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this day of February, 2016. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney AdL O. wA City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Rayola Park Splash Pad Expansion Bid Award DATE: January 29, 2016 BACKGROUND: On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City Council approved Resolution 2015 -08 recommending identified projects for these funds. Portions of these funds were designated to expand the splash pad located in Rayola Park. On August 11, 2015, City Council approved a professional service agreement with Planning Design Group, Inc. (PDG) of Tulsa OK for the Rayola Splash Pad expansion in the amount of $27,000. Professional services include: • Program and Analysis • Conceptual Design • Preliminary Design • Final Design • Bidding and Construction Administration BID PROCESS: An advertisement for bids was published on January 5, 2015 for Rayola Park Splash Pad expansion with base design to include but is not limited to minor demolition, grading and erosion control, water service line installation, storm sewer pipe installation, splash pad element installation, plumbing for splash pad elements, concrete, batched colored concrete, shade structures installation, and site furnishings. Two alternates were included: Alternate #I - Refurbish existing splash pad; Alternate #2 - Sidewalk demo and addition. A mandatory pre -bid conference was held at City Hall on Tuesday, January 16, 2016. Eleven (11) contractors and sub - contractors were in attendance. Bids were opened publicly on Wednesday, January 27, 2016 at 10:00 AM with five (5) bids received. The lowest bid base bid received was from RJR Enterprises of Tulsa, Oklahoma (bid tabulation sheet attached). BID ANALYSIS Staff has examined the submitted bid packages for any improper or unbalanced bids and none were discovered. Upon review of the bids, staff found the lowest bid from RJR Enterprises met all specifications. Staff, along with our design engineer (PDG), analyzed submission from lowest bidder's previous projects to evaluate quality, timeliness, professionalism, and overall satisfaction of the bidder. All findings confirmed quality craftsmanship, integrity, and dependability. Based on findings and the attached bid tabulation sheet, Planning Design Group recommends RJR Enterprises be awarded the construction contract, assuming they met all other City requirements, consisting of the Base Bid and Alternate A -1 for a total of $256,302.50. FUNDING: Funds for expansion of Rayola Splash Park are included in the Vision 2025 Funds RECOMMENDATION: Staff recommends award of the base bid and alternate #1 and approval of a contract with RJR Enterprises of Tulsa, Oklahoma in the amount of $256,302.50 for construction of the Rayola Spray Pad Expansion project. ATTACHMENTS: Contract Agreement Bid Tabulations PDG Recommendation Letter SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the c2nd day of Rbr W r by and between Gl �� T 0((7o Seo (hereinafter called OWNER) and., l V (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: RAYOLA SPLASH PAD CITY OF OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part, is described as follows: This project is for the construction of a new splash pad at Rayola Park. The work includes but is not limited to minor demolition, grading and erosion control, water service line installation, storm sewer pipe installation, splash pad element installation, plumbing for splash pad elements, concrete, batched colored concrete, shade structures installation, and site furnishings. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within Ninety (90) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within One Hundred and Two (102) calendar days from the date of Notice to Proceed, which will be on or before February 15, 2016. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not AGREEMENT 0409 00300 - Page 1 of 15 substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 90% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. 0409 00300 - Page 2 of 15 ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 0409 00300 - Page 3 of 15 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself/herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for one (1) year after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", 'B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 0409 00300 - Page 4 of 15 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to _ inclusive, and Standard Drawings. 7.21 Addendum Numbers _ to ___, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. 0409 00300 - Page 5 of 15 IN WITNESS WHEREOF, the parties hereby have signed this Agreement in triplicate. One counterpart has been delivered to CONTRACTOR, the remaining two belong to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective OWNER: By (SEAL) ATTEST: Address for giving notices: CONTRACTOR: M (SEAL) I itle 0409 00300 - Page 6 of 15 Owasso Rayola Splash Pad Project - Bid Tabulation City ar ovana.- O.......OX Ilene: Januaq 27, 2016 NO. ,DEMS UNIT CITY UNIT COST TOTAL COST UNITCOST TOTAL COST UNRCOSTa TOTAL COST .UNITCOSTI TOTAL COST UNIT COST TOTAL COST UNIT COSTI TOTAL COST I G.-I LS 1 $11,00000 513,IXNLW 523(820) ¢308210 52560an SS25.61o. 09.]1111 S1Y,200,W 529,313.. 529,345(X1 STLMJ,IMI PIpfiI.W 2 GnM1wmk- &aaysinNFmhadnenJCnnMVC1 nNGrvJlnf LS 1 59,,1X1. S7 S5,n11U_gl S.SJXNLW 54,Ionse 54,1'X00( 512.195X1lN1 5121YJIIAXI 59.383.00 19,383,1'1 S19.h521X1 5156521X1 3 Sdal Fill -cIP C1' 200 S25W -1kc0b S5 vj)O 52aw, StJYi $30,00 95,000104 53.1X1 $6,00X110 33X86 S].7710(I 511001 ss,8 se 1 Cnnrnudion F:ntnnce -CIP GA i St50.W PSILW SSIYJ,W 551951. 52,4M of 13.40(0. S61XX1(NI $6,IXNI.W 95.29100 A.291,g1 $2.5551X) 52,555. 5 Pill.PV4ricf5ip For" - CIP IF 201 $200 540,01 53,00 WO .0 SIW SM]" SE50 550250 SR39 $2.08939 Man S12WW 6 H1,r,.cSmitt CIP IS I 55195X0. S5.00000 56500.01 U,500( S5.00109 55,00LW 531'95,1X) 53.00X110 Sf.99697 W.99(9] 5(07000 Sa.(I]O.W 2 w- Srn'im -CIP LS I PSWW 515W.W S9.000W 59.00000 525.00.. 525,0g0( 514.00001 S14,WOW 529,137,00 $29.13200 543A500) 543,45000 s 6'DNoOnc -Car LF 178 5351X1 Mx230be $3500 54230.W $3.01 5534.}'1 Mae 53,56nW $3685 %,55930 55081 58,9.01 9 S.Wall, - CIP LP 31 SM00 %sUn. stW1YJ $395X0. S12000 S9,9211W $161,29 $tyN99 SI7U38 $5,529,78 3319,1X1 S9,889191 10 4' T4-4 Cnrcmm P,-,ai - CIP SF 3.115 551X1 516 1251X1 $S.W 51612501 S5.00 $16125. SSW $16,125100 980 S21.930.00 4.511 $17]3750 11 5- Thicl C"ruar" P ... m rl milh each 0.kn -CIP SF 2,538 9.50 $16.492 $55a S13,959.W Will SIW9l.W 5,75 S17 "ILS0 $241 $10.806.58 5980 S'.2304(I 12 spm'kound FNuip -t -CIP IS I Sl 1 a.637,all $114.63710 409.20r).00 slark201LLN; $115,00, IXI In I1,0X1.00 $11 2,50100 $102,51p .W 513489I01 $136890.00 Ster.1511W sl^8.15000 13 12',12 F.WcShaJc Svv,a.. -CIP EA 1 53350. S3 .75000 SS..U.W $5.00p.W KI)DOW $4.00.00 53.668.00 $31669W 53,984. $3.9.0. $4,404.00 Sa.401.00 14 12' x24' Fabric ShadCSVUnmc -CIP EA I S4750.W 54.700.. $5,5WX, S5.5WW 51,SIXIf01 Sa.5W4Y S4.175,01) 54,17501 A. kAxj $4,6M,W 9436. 564361. 15 Cw1111rcHd PMtic Shale Snuvwe -CIP EA I 51241X11. 51798.1X1 $160X001 S161NNLll SI50NIlW S151UW1W Slll]SW S13,775,1K $15,W ac $li fi$I IXI 5211.99111X1 5ffi99001 16 Rvplaec ShaJc Fahlica, F_c im, Slud, Sai re -CIP EA 1 SUM., SI,W(I.W SLW.W sl.11a(I.W SWMI. $800.93, S551100 $55010 $SAW 5833. 12.16510 S2.035W 17 ADA Ac-.ble P.- Tablas - CIP EA 3 500001 52.700.W 5875,01 52,625011 995QW S2Ieaw S850.W $2.551111) $734. 0.2121C 515001 4.25(11X1 18 S,c- Picnic Tabbe - CIP EA 3 si,"110 $5.00IW S875.00 52.62500 SLIWW 53,30000 S9750) 53925. 5554.33 5266499 591300 4_0900 19 arncFtt - CIP EA 2 SLOXI,an S2.000AM 5800.01 5168101 sister (91 52,0X01. 594323 $1,88750 $962.50 $1.925.00 5065010 53,7.0) 20 'trash RnxPUClu - CIP 6A 2 95010 SLSWIb S53301 51.1.61. Srears 51.200. 5627.10 $4254. $516.. sUS2an 55661X1 51.021. 21 RoIcs G6n,,-0P EA 1 51,5.10 $1500. $1.700.00 $1,700,00 S2I00000 52,0WINl S2,550W 4.55111X1 51,514101 $1514.1X1 $2,421100 52.42010 22 6 UT1 w1Fb. -CIP LF $a $3501 SL8'N1ce 130.1. S1620,00 45.1. 51.350,00 5201.01 $1.08000 53282 11.77138 50a 3a 51.323,00 23 I.a rca' -CIP LS I SI]5000 SI ,750.00 $2,00090 S2.000.W S2,000 .W $10000 50500.00 S15WW $5551.00 $5550. 511,572. 511.57200 24 U -3 Ba-nrU S.IiJ SM - CIP SF 4,401 $0..M 51,,-7.001 $0.]5 53,362.50 %,101 51,34710 e1.32 51136,50 00.34 51526611 SIrel SI,7v6JXI 25 Cvnslrvniml All -cca LS 1 5125.. 512,5.. 511500.0 512.5... 512501.. 512.501.00 512.500. S12,500 . S12.5WW 5125.. 512,500.00 $12.501W (TOTAL BASE BID ITEMS $254,648.00 $253,903.50 5260000.00 ., $288,370.29' ",S$3+1606,>9. $409,281.90 TOTAL ALTERNATE BID ITEMS $15,000,00 $21,448.00 $14,800.00 $26,64500 ;16r161.011 1. 545,989.00 TOTAL PROJECT COST $269,648.00 $255,]50.50 $298,,.00 $316,Of5T9, $35t,T/01791; 5455$70.90 Math Error JDiffering Totals This Bid Tabulation Sheet reflects Corrected bid prices according to Bidder's Unit Cost Pricing times the estimated quanblies listed in the Bid Form. Total numbers may vary from the total cost submitted by the Contractor in their Bid Form. 1, the undersigned do hereby certify that all bids on this Bid Tabulation Sheet were reviewed and there were no irregularities in the bids not otherwise noted and that said sums are true and correct to the best of my knowledge. Submitted By: Jim Crosby, Planning Design Group Phone, DC'ign Grnup • 5314 SnnW YiI, Avu, Suits 710 • TLI.), Oklabvma 74135 • 918162114255 5� Landscape Architecture Land Planning January 27, 2016 Mr. John Feary, Project Administrator City of Owasso 111 N. Main Owasso, OK 74055 RE: Rayola Park Splash Pad — Bid Tabulation Dear Mr. Feary: A total of five (5) bids were opened on Wednesday, January 27, 2016, for the Rayola Park Splash Pad Project. RJR Enterprises was the low bidder for the project. The amount of their Base Bid is $253,902.50, Alternate A -1 is $2,400.00, and Alternate A -2 is $19,048.00, for a total bid of $275,350.50. Based on the attached bid tabulation sheet, Planning Design Group recommends RJR Enterprises be awarded the construction contact, assuming they met all other City requirements, consisting of the Base Bid and Alternate A -1 for a total of $256,302.50. Planning Design Group has worked on numerous Splash Pad and Recreation type projects with RJR Enterprises in the past. Based on our past experience with this contractor, we will not be asking for a list of references on this project. If I can answer any questions, please don't hesitate to contact me. Sincerely, GeofferyE a's PLA —,A9LA Project Manake PLANNING DESIGN GROUP. Inc. Attachment: Rayola Park Splash Pad Bid Tabulation 5314 South Yale, Suite 710 • Tulsa, Oklahoma 74135 • Phone 918/628 -1255 Fax 918/628 -1256 The Citoxw' out limits. TO: Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Tulsa County Inter -local Agreement - ROW and Utility Relocation E 116th St N and N 1291h E Ave Intersection Improvements DATE: January 29, 2016 BACKGROUND: The intersection at E 116th St N and N 129th E Ave is jointly owned and maintained by Tulsa County and City of Owasso. It is currently the most heavily traveled unimproved intersection in the Owasso area. In 2014, Tulsa County and the City of Owasso agreed to share costs for the engineering design for the project, right -of -way, utility relocation and construction. Both parties agreed and selected WP Moore, Inc., to perform the engineering for the intersection improvements for a total design fee of $168,000. The engineering consultant has prepared plans and has submitted them to the Oklahoma Department of Transportation (ODOT). ODOT has prepared the National Environmental Policy Act (NEPA) document required, which will allow the project to move to the right -of -way acquisition and utility relocation phases. The funding amount estimated for ROW and utilities is: Total Tulsa County (50 %) City of Owasso (50 %) ROW Acquisition - $377,000 $188,500 $188,500 Utility Relocation- $302000 $151000 $151,000 Total $679,000 $339,500 $339,500 INTER -LOCAL AGREEMENT: Projects that use multi - jurisdictional funding sources require an agreement between the entities to determine the limits of their participation. The Inter -local agreement between Tulsa County and City of Owasso has already been approved for the engineering design. This agreement is for the right -of -way and utility relocation portion of the project. The document has been prepared by the District Attorney and reviewed by the City Attorney. Stipulations are summarized as follows: The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide for right -of -way and utility relocations for the improvements at the intersection of E l 161h St N and N 129th E Ave. 3. The City and County shall determine the amount of right -of -way needed and utilities to be relocated, based upon the plans being prepared by their Engineering Consultant. 4. The County shall contract with and pay the invoices for the right -of -way acquisition and utility relocations. 5. The City shall reimburse the County one half the actual costs for right -of -way and utility relocations. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. FUNDING: Funding for the project has been included in the Capital Improvements Fund Budget, RECOMMENDATION: Staff recommends approval of the Inter -local Agreement with Tulsa County for right -of -way acquisition and utility relocation for the intersection of E 1 l 61h St N and N 129th E Ave. ATTACHMENTS: Tulsa County Inter -local Agreement Location Map AGREEMENT THIS AGREEMENT, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Oklahoma, hereinafter called "City." WITNESSETH: WHEREAS, by virtue of 69 O.S., 1987, Section 1903, the Board of County Commissioners is authorized to enter into Agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide for right of way and utility relocations for the improvements of the intersection of 116th Street North and 129th East Avenue. 3. The City and County shall determine the amount of right of way needed and utilities to be relocated, based upon the plans being prepared by their Engineering Consultant. 4. The County shall contract with and pay the invoices for the right of way acquisition and utility relocations. 5. The City shall reimburse the County one half the actual costs for right of way and utility relocations. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. Approved by the Owasso City Council on the day of February, 2016. CITY OF OWASSO, OKLAHOMA X ATTEST: BY: City Clerk APPROVED AS TO FORM: BY: City Attorney Jeri Moberly, Mayor Approved by the Board of County Commissioners of Tulsa County, Oklahoma on the day of February, 2016. ATTEST: BY: County Clerk APPROVED AS TO FORM: ON District Attorney TULSA COUNTY BOARD OF COUNTY COMMISSIONERS AN CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com E 116th STREET N AND N 129th E AVE INTERSECTION LOCATION MAP � r� nTity Wo out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Andrew Neyman, Information Systems Administrator SUBJECT: Credit Card Payment Processing Contract DATE: January 29, 2016 BACKGROUND: The City currently contracts with Transfund to provide merchant credit card payment processing using an application called PC Charge. The IT department received notice that PC Charge was being retired and would need to be replaced. VENDOR SEARCH: Staff created a committee to identify merchant payment processing options from multiple vendors. Vendors identified included Heartland, OpenEdge, Payment Service Network and SignaPay. The committee compared proposals from all stated vendors and identified SignaPay as the best option in both cost savings and support capabilities. Merchant payment processing is in the current budget with the proposed contract providing an estimated cost reduction of $1,051.18 per month based on the July 2015 Transfund statements. The proposed contracts have been reviewed and approved by the City Attorney. The contracts can be terminated at anytime without any penalties or fees. RECOMMENDATION: Staff recommends approval of the contract with SignaPay and associated providers. ATTACHMENT: Merchant Agreement AESQUIRE BANK MERCHANT APPLICATION AND AGREEMENT INTERNAL USE ONLY Merchant#---(:r�, Hferarchy 0 i 1 . MERCHANT NAME (DBA OR TRADE NAME) CORPORATE / LEGALNAME LOCATIONADDRESS CORPORATE ADDRESS CITY STATE ZIP CITY STATE ZIP CONTACT TELEPHONE CONTAC��ES�� CONTACTCONTACT T� YEARS IN BUSINESS DOES THIS LOCATION CURRENTLY TAKE AVERAGE TICKET /MAXIMUM TICKET TYPE OF GOODS OR SERVICES: VISA /MASTERCARDIDISCOVER@NERNORK7 WEBSITF. ADDRESS $ WRNN. IN NO ❑ YES VOLUME oM�ONTHLY W CURRENT PROCESSOR U OF LOCATIONS_ MUST PROVIDE 2 MONTHS PREVIOUS PROCESSOR STMTS PLEASE CHOOSE MAILING ADDRESS MCC)SICCOOE: 0DaAAURESS OLEGALADORESS PAYMENT CARD INDUSTRY DATA SECURITY STANDARD: FAUST PROVIDE COPY OF SELF ASSESSh1EN I QU ES I JUN NAIRE. IF APPLICABLE, MUST PROVIDE CERTIFICATE OF COMPLIANCE OWNERSHIP: MUST PROVIDE DOCUMENTATION LOCATION: ❑ INDIVIDUAL /SOLE PROPRIETOR ❑PARTNERSHIP BUILDING TYPE 13 SHOPPING CENTER [I OFFICE BUILDING ❑ INDUSTRIAL BUILDING El RESIDENCE ❑COPORATION ❑GOVERNMENT 13 LLC MERCHANT: ❑OWN'S ORENTS ❑ NON-PROFIT (MUST PROVIDE 501 C3 LETTER) AREAZONED: ❑COMMERCIAL ❑INDUSTRIAL ORESIDENTIAL ❑ PUBLICLY TRADED ❑ P VPC SQUARE FOOTAGE: ❑ O.500 ❑ 501 -2500 ❑ 2WI-MOO 0 5000.10,OD0 O.10,000r PRINCIPALS: (Please pmfd. copy of driver's license foreaeb signing principal) 1.PRINCIPAL NAME: SSN: %OWNEiSHIN TITLE: FIRST MIDDLE LAST HOMEADDRESS: CITY: STATE: 21P; HOMEPHONE DRIVERS LICENSE NUMBER AND EXP DATE: DATEOPOIRTH: 2.PRINCIPAL NAM E: SSN: %OWNERSHP: TITLE: FIRST MIDDLE LAST HOME ADDRESS: CITY: STATE: ZIP: HOME PHONE: DRIVERS LICENSE NUMBER AND EXP DATE: DATE OF BIRTH: HAVE MERCHANT OR OWNERS / PRINCIPALS EVER FILED: HAVE MERCHANT OR OWNERS! PRINCIPALS EVER BEEN TERMINATED FROM ACCEPTING ❑ Q BUSINESS BANKRUPTCY Q PERSONAL BANKRUPTCY NEVER FILED RANKCARGS FOR THIS BUSINESS ORANY OTHER BUSINESSES➢ lf yes, pieaso explain): ( _ ❑NO ❑ YES (if yes, planes, explain): RANKREFERENCE ACCOUNTM CONTACT: TELEPHONE NUMBER: FAX NUMBER: TRADE REFERENCE ACCOVNik: CONTACT: TELEPHONE -NUMBER: FA%NUMBEPo TRADE REFERENCE ACCOUNTS. CONTACT: —TELEPHONE NUMBER: FAXNUMe,, SALES METHOD: (MUST EQUAL 100-4) BANK ACCOUNT INFORMATION: ATTACH VOIDED CHECK FORTHE CHECKING ACCOUNT WHERE FUNDS ARE TO BE RETAIL SW1PED__% KEYED WITH SIGNATURE AND IMPRINT DEPOSITED: MAI(/PHONG __% (KEYEOW7THOUT SIGNATURE AND IMPRINT) ROURNIGNUMBER (INBOUND CALLS_ % /OUTSOUNOCALLS_ %) ACODUNTNUMBER INTERNET__% ACH_% FEESCHEOULE VSIMCIDISC QUALIFIED CREDIT CARD DISCOUNT RATE (FOR TIERED /FLAT)' - % or PASS THRU IIC PLUS 1150 BP AV$ TRANSACTION FEE 0.05 VSIMCIDISC QUALIFIED CHECK CARD DISCOUNT RATE (FOR TIEREOIFLAT) % or PASS THRU IIC PLUS I5 BP EARLY TERMINATION FEE 0100 AMEX OPT BLU TIER t RATE 0.30 S or PASS THRU IIC PLUS]�_EP EBTTRANSACTION FEE NO VSIMCIDISC AUTHORIZATION FEE .121A11 OS EBTSTATEMENTFEE Na AMEX AUTHORIZATION FEE 0.10 OTHER (please specify): MONTHLY MANAGEMENT FEE 10.00 ON LINE SERVICE 0.00 FOR TIERED PRICING: VSIMCIDISC MID DUAL Na % MONTHLY MINIMUM 0.00 VSIMCIDISC NON QUAL Na 9: ANNUAL FEE 0.00 AMEX OPT BILL TIER 2 Na %. PIN DEBITTRANSACTION FEE Na (Plus Notw rk Feos) AMEX OPT BLU TIER J Na X BATCH FEE' CHARGEBACK FEE 25.00 GOVT COMPLIANCE FEE $2.95 ACH REJECT FEE $25.00 TIN MISMATCH FEE $2.95 RETRIEVAL FEE $5.00 MONTHLY PCI FEE $6.00 VOICE AUTHORIZATION FEE SDO!5 PCI NON - COMPLIANT FEE S18.921MONTH OPERATED ASSISTED VOICE AUTH FEE Si.50 OS UNDEft3TPNDANOACP EE TOTHEfOtLONW0:TH4T Aa'IOUR eteCOUNTRATEA99TATEY) ABOVEVALt DEC WJiCEDONALL ¢ECRTONICN.LYAWHOPo2E0 PAYAf LNTCPROTR,V1SgCTiONRTHATMEiN D ennion OLO6E0 DwtYAND THATALLPAYMENTCARDTHANS ACTT*N9 THATDD NOT MEETTNE WALFlEDTRANSACTION REpUIREMENTS MAY6ECHABut, To sal am.lOtaCHFR THANAIYIOUR pSCWM'PATE. Merchant Acceptance and Agreement By executing this Merchant Application on behalf of the merchant deathbed above (to werchard), its mabrslgtatl Individuals); i0 repmseN(s) and animanl(s) that all information contained in this Merchant Application is two, cannot and complete as el ran data of Ws Merchant ApplicalbR and Thal such WlUdual(s) town the requisite corporate power and wihodly to complete antl submll Nis Merchant Application and make am provide the acknmvlsagemonts, mthmonlons and sgrobmerde set forth below, both on behalf of the Merchant and Individually; (i) ackno eledgo(s) hot the Information contained In This Merchant Application is provided for (he laureate eate of obtaining, *( maintaining a merchant amount with Bank on behalf of the Merchanl; hit authorize Bank to Investigate the credit of the Merchant and each person listed on This Merchant Appgwliorp ON agree, an behalf of the Merchant and In tho event this Merchant Application is accepted and executed by Bank, to the Fee Starado and forth above and to the Terns and Coadtions included wllh and VainliOnied into this Merchant Agreement. Merchant understands that this Agreement shall not lake affect until Merchant has been approved by Bank and a merchant number is Issued. Merchant: Esquire Bank: Print Legal Name of Morchant Business (Signature) Date; (Name end Title) Principal 1: Title: S)gnaPay, LTD.: (Signature of Principal /Owner) (Signature) Principal 2: Tftle: Si nature of PrincipallOwnerl Name and Tiffc Personal Guarantee in considwation of Bank's acceptanco oflhls Agreement, the undersigned Guaranlw Ouinty and sovamgy lT more than one) uncordilionsry guaranleas the perfommnce afar obligations of Merchant to Eadc under the Agreement, and payment of oil sums due tram under, and in the event of defsuq hereby waives notice default of and agrees to indemnify Bank for all fords due from Merchant pursuant (a gin temis of No Agroemenl. Guarantor wolves any and all rights of subfogaVon, reimbursement or Inca ly derived if= Merchant, and further waives any and a!I dghls or defenses arising by Mason of any moiscallonor dtatgo In the terms of the Agreement whatsoever, including, without limitation, the renewal, extension, acolershm, arbiter dosage in ate goo any payment ar otherpesformance there under is due, end /w any change in tiny Interest or discount rate in fee there under. Guarantor confirms got Guarantor, collectively of individually. Is a Party to the "Went, and uncondipcnaly and specifically authorizes Bank or their aulhodzed agents, to debit any overdue fees, costs, chargebaclo, lines, fees. Penalties, expenses crobligalbns motor the Agreement and Ior any contractual relationship wish Bank from any personal Checking accost Mother somata owned or contMgod by Guarantor, and further to report any defwt hereunder on Guarantors personal Credit Bureau Report Guarantor agrees to Pay all costs and expenses of whatever nature, including idameys fees antl other legal expanses, incurred by of on behalf of Bank in connection with the enforcement of INS Guaranty. Guarantor #1: Date: Guarantor #2: Data: . PLEASE DESCRIBE YOUR REFUNDIRETURN POLICY: . PLEASE LIST ALL THIRD PARTY PAYMENT PROCESSORS MERCHANT DOES BUSINESS WITH, I.E. VARS, GATEWAYS AND ANY OTHER PARTY THAT TOUCHES CARDHOLDER DATA: SITE INSPECTION SURVEY: Inventory maintained: on site warehouse off silo fulgrmed center, provide name& comas Was the off site location Visited? yes no, provide expianaron Does 1110 amoxn OI Imanlory on ffiolva, floor mcd In warehouse appoarconsistenlwlN this type of buslnoss and wedA card Wlum07 Yes No Does bagon have suficient staff, telephone lines and other emwarent to meet amfolpated sales volume? Yes No ilno,exOWln: Does the Ignago inside and outside match the goods or s0rvfws sold listed on the appikalbn ?Yes No Ifno,explain: Tvneof Suildino Office Bldg.Suge Separate Eldg Shopping CcreedMell Reeldence- homoar Apt. Other - Z4Lg: Comm? industrial Residential Sry FOOtageOR(ulaesa 0500 MI-1000 1001 -2000 20044000 Other lost so. 11.) Merchant: Owns Leases Namo Baddmsa Landbm /MgI.Co: ATTACH MINIMUM OF ONE INSIDE PICTURE, ONE OUTSIDE PICTURE I hereby verify, that I have inspected the lursbass promises of the merchant atihls address and me Information staled above Is correct to the best of my knoa40dge and betMJ, inspeded By (Final Did the merchant complete the effire application? Old the merchant PfONde all requested Supporting documentation? Pmanel lax reform gin business iss Ih m t year, copy of dAVers Iicenso of each principal. AOldes of Incorporation or br amass Manse, three months Of merchant statements, voided check, pctore of front of buslness (Missing Information W iff delay the approval process,) Please explain why any of the supporting documentation Is missing: Wem the ralectadditional foes filled In on Od application? DM the aPPrWar a Principals sign and dale the appiicalfen? Was the resolugon fled out arreclly and signed? Was the site Impaction survey fired oui? Was a picture of the merchant location provided? UNDERWRITING ❑ APPROVED ❑ DECLINED REVIEWED DY; DATESUBMRTEDTO BANK:__ MC CODE: SALES REP: Bank Disclosure Member Bank Information Esquire Bank 320 Old Country Road Garden City, NY 11503 Important Bank Responsibilities 1. Esquire Bank is the only entity approved to extend acceptance of VISA products directly to a Merchant. 2. Esquire Bank must be a principal (signor) to the Merchant Agreement. 3. Esquire Bank is responsible for educating Merchants on pertinent VISA Operating Regulations with which Merchants must comply. 4. Esquire Bank is responsible for and must provide settlement funds to the Merchant. 5. Esquire Bank is responsible for all funds held in reserve that are derived from settlement. Important Merchant Responsibilities 1. Ensure compliance with cardholder.data security and storage requirements. 2. Maintain fraud and chargebacks below thresholds. 3. Review and understand the terms of the Merchant Agreement. 4. Comply with VISA Operating Regulations. The responsibilities listed above do not supersede terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and that the VISA Member — Esquire Bank- is the ultimate authority should the Merchant have any problems. Merchant's Signature Merchant's Printed Name & Title Date MERCHANT AGREEMENT In consideration of the mutual promises and covenants eonlainad in this Merchant Agreement f&qmQlgenrl, and the agreement or Merchant to participate In the card processing services program established by Bank, the parties agree as follows: 1. Parties. The parties to this Agreement are ESQUIRE BANK, a federally chartered bank whoso address is 320 Old Country Road, Garden City, New York 11503 ('gag), a whose address Is (')SO1, and the Merchant set forth on the Merchant Application form to which this Agreement Is attached f Merchan ). 2. Definitions. For the purposes of this Agreement and the Schedules referred to herein, the following definitions apply unless the context otherwise requires: "Addmss Verification" means a service that allows Merchant lovedfy the home address of Cardholders with the relevant Issuer. 'Applicable Low" means: (i) ail applicable federal, stale and local laws. miss and regulations; and (it) the Rules. 'Associationfsl" means VISA U,S.A., Inc. ( "'), MasterCard International Incorporated CMast rCa )and Discover Fnancal Servicest.WC ismvet). 'Amhorization° means an affirmative response, by or on behalf of an Issuer to a request to effect Transaction, that a Transaction is within the relevant Cardholder's available credit limit and that the Cardholder has not reported the Gard lost or stolen. Al Transactions requiring Authorization by the Associations must be auihodzed. "Authorization Centey' means the facility or facilities designated from Ume to fume by Bank or ISO towhich Merchant shat submit all requests for Authorization. 'Business 0a means any day other than: (1) a Saturday or Sunday; a (i) a day on which banking Institutions in New Yak are authorized by law or executive order to be dosed (and on which Bank Is In fact dosed). 'Card s' means either Visa, MasterCard or Discover credit card, debit card for our similar card that requkes a PIN for Identification purposes), or pre-paid, stored -value or gill card. "Cardliolde r" means a person authorized to use a Card. 'Charrieloack means a Transaction that Bank returns to Merchant pursuant to this Agreement 'forced Sale' means a sales Transaction processed without an approved electronic Authorization number being obtained for the full amount of the sales Transaction at the time the Transaction Is processed. 'Full Recourse Transactions" means mail orders, telephone orders, e- commerce (Internet) orders, Pre- Authorzed Recurring Order Transactions, and other "card not present' sales. 'IssueP means a member of an Association that enters into a contractual relationship with a Cardholder for the Issuance of one or more Cards. 'Merchant Statement' means an Itemized monthly statement of all charges and credits to the Operating Account (as that term is defined in Section 5 of this Agreement). Lnlhiv Chargeback Violation.' forany given calendar month, means that more than five Chargebacks have been processed in that month and that the Transaction Chargeback Ratio for that month is equal to a greater than I-A 'Mid- Quaidied Transactions' means any Transaction categorized as such by the processor designated by Bank to settle Transactions with the Assodatons 'Non- Quagred Transadtions" means: (i) any Transadion submitted for processing more than 48 hours past the time the Authorization occurred; (fl) any Transaction missing required data; and (81) any Transaction categorized as such by the processor designated by Bank to settle Transactions with the Associations. 'Normal Transaction" means a Transaction N which the Card is swiped through a terminal, register or other device, capturing the Card information encoded on the Card's mannal c sidp. 'Pig- Authorized Recurring Order Transaction' means a Transaction that has been pre - authorized by the Cardholder and for which the goads or services are to be delivered or performed in the future by Merchant without having to obtain approval tram the Cardholder each time. "Qualified Transaction s• means any Transaction categorized as such by the processor designated by Bank to settle Transactions with the Associations. "Bi ems" means all rules, regulations, by -laws, standards and procedures adopted and /or amended from time to time by the Associations (including, without limitation, the Payment Cord Industry Data Security Standard), Bank and each relevant Issuer, "Services" means the transaction processing services described on the attached Schedule A, as the same may be amended from time to time by Bank, in its sole discretion. Mmaggifiliglf means the acceptance of a Card a information embossed al the Card for payment for goods sold and/or leased or services provided to Cardholdem by Merchant and receipt of payment front Bank, whether the Transaction is approved, declined, or processed as a Faced Sale. The term " Transacgdn" also Includes credits, crime, returns and adjustments. 'Transaction Chargeback Ratio 'for any given calendar month, means the number of Chargebacks processed In that month divided by the total number of Transactions processed in that month. 3. Services Provided to Merchant. During the term of this Agreement, subject to the terms and condbons of this Agreement (I) ISO shall provide technical documentation as needed, and technical support and customer support (including, without Amilalion, Authorization, settlement and Chargeback processing and reporting), twenly-four hours each day, seven days each week, in order to allow Merchant to accept and process Transactions; and (i) Bank shall provide the Services to Merchant 4. Term. This Agreement shall become effective when all parties sign the Merchant Application tam to which this Agreement is attached and, unless sooner terminated, shall remain in effect for a term of three (3) years. This Agreement shall renew automatically for successive terms of three (3) years each, unless any party provides written notice of termination to the ogler parties atleast90 days prior to the end of the themcunenl term. All existing obligations, warranties, indemnities and agreements with respect to Transactions entered into before such termination shall remain in full force and effect, and, regardless of any such lamination, Merchant shall remain liable for all obligations to Cardholders and Bank that us Incurred while this Agreement is In effect 5. Merchant Operating Account. Prior to accepting any Cards, Merchant shall establish demand deposit account at Bank, or at a financial Institution approved by Bank (the '_Qperating Account"), Through which fees, charges and credits due in accordance with this Agreement may be processed, Merchant authorizes Bank to debit all amounts Merchant awes Bank hereunder from the Operating Account, whether maintained at Bank or another financial institution, at times deemed appropriate by Bank, through the ACH Banking Network a by a manual debit of the Operating Account Merchant waives any and all claims far loss a damage arising out of any such charges or debits to the Operating Account. 6. Reserve Account. Upon, or at any time after, execution of this Agreement, Bank may establish a reserve account at Bank CReserve Account'), for all future indebtedness of Merchant to Bank that may arise out of or relate to the obligations of Merchant under this Agreement, Including, but not limited to, Chargebacks and tees, in such amount as Bank from time to time may determine in its sole discretion. Bank may fund the Reserve Account by deducting amounts firm payments due to Merchant, by effecting a charge against Merchant's CpaaUng Account or against any of Merchant's accounts at Bank, or by demanding payment from Merchant (which payment Merchant shall make vBlhin ton (10) days after receipt of any such demand), The Reserve Account will be maintained for a minimum of nine months after the date on which this Agreement terminates or unlit such time as Bank determines that the release of the funds to Merchant is prudent, in the best Interest of Bank, and commercially reasonable, and that Merchant's account with Bank is fully resolved. Merchant and ISO acknowledge and agree that only Bank, and not ISO, may authorize or effect any release of funds from the Reserve Account Upon expiration of this nine- month period, any balance remaining in the Reserve Account wig be paid to Merchant Bank will inform Merchant in writing of any charges debited to the Reserve Account during this nine -month period. Nohvithslanding the foregoing, Bank, in its sole discretion, may release funds from the Reserve Account prior to the expiration of such nine-momh period based on Its assessment of the risks associated with effecting such release. T. Fees. Merchant shall pay to Bank all fees specified on ScheduleA, as amended by Bank from time to time. For each Transaction, Bank will charge Merchant as follows: (a) An amount ("Merchant Discount Fees ") equal to a specified percentage of the total cash price of each sales and cash withdrawal Transadon ('Merchant Discount Patel; (b) ASpecified amount per Transaction ("Transaction foe'); and (c) Aspecifedamountper Aulhodzagon('Authorization Fee "). The Merchant Discount Rate, Aulhorfzagon Fees and Transaction Fees are set forth an ScheduleA Different Merchant Discount Rates apply to Qualified, Mid - Qualified and Non - Qualified Transactions, as shown on ScheduleA. Merchant agrees that Bank will, and authorizes Bank to, deduct Merchant Discount Fees from the Operating Account a Reserve Account on a daily basis unless a monthly basis is specified an Schedule Merchant also agrees to pay to Bank the amount of any fees, charges a penalties assessed against Bank by any Association or Issuer for Merchant's violation or any Applicable Law. Merchant shall pay Bank for any other services provided to Merchant by Bank and fa all other fees shown on Schedule A, Including, but not limited to, monthly minimum fees, Chargeback fees and customer service fees. 8. Billing. All amounts Merchant awes to Bank may be charged to the Operating Account a Reserve Account, recouped by adjustment to any credits due to Merchant, or set off against any account or property Bank holds for a on behalf of Merchant. 9. Security Interest. As security for the performance by Merchant of all of its obligations under this Agreement, Merchant hereby grants to Bank a security Interest in: (1) the funds hell in the Operating Account and In the Reserve Account; and (i) any inventory with respect to which a Transaction has occurred but has not yet been fulfilled. Merchant will execute and deliver to Bank such documents, In form satisfactory to Bank, as Bank may reasonably request In order to perfect Bank's security interest In the Operating Account, Reserve Account and such Inventory, and will pay all costs and expenses associated with filing the same or this Agreement in all public filing offices, where fling is deemed by Bank to be necessary or deslmble. Bank is authorized to file financing statements relating to the Operating Account, the Reserve Account and such inventory without ISO where authorized bylaw. Merchant appoints Bank as its attorney -in- fact to execute such documents as Oro necessary or desirable to accomplish perfection of any security inlores(s. This appointment is coupled with an interest and shall be irrevocable as long as Merchant owes any amount to Bank 10. Processing Transactions. (a) Merchant shall obtain Authorizations and process Transactions using such equipment and software as may be approved from time to time by Bank, in Its sole discretion (the 'Erigipmeril '). Merchant shall validate Cards and Cardholders in face - iodate lmnsactions as required by Applicable Lew. (b) Merchant shall obtain Authorizations for Transactions in a manner required by AppHuble Law and in the manner, and following the processes and procedures, determined from time to time by Bank, in Its sole discretion, and communicated to Merchant by either BankorlSO. (e) Merchant shall not submit a Transaction to Bank (electronically or otherwise) will Merchant has performed its obligations to the Cardholder in connection vuth the Transaction or obtained Cardholder's consent for a Pre - Author ized Recurring Order Transaction. (d) Merchant shall not transmit any Transaction to Bank that Merchant knows or should have known to be illegal, fraudulent or not authorized by the Cardholder. (a) Merchant shall nolprocess a Transaction that door not result from an act between a Cardholder and Merchant. (f) Merchant shall not request or use any Card number for any purpose other than as payment for Its goods or services. (g) Merchant may transmit a Transaction that effects a prepayment of services or fu!I prepayment of custom- ordered merchandise, manufactured to a Cardholders specifications, if Merchant advises Cardholder of the immediate billing at the time of the Transaction and within than limits established by the Associations. 11. Prohibited Transactions. Merchant shall not do any of the following: (a) Establish a minimum an debit cards or greater than $10.00 on credit cards or a maximum dollar Transaction amount; (b) Obtain multiple Authorization(oramounis less than the total sale amount; (c) Obtain Authorization for the purpose of selling aside the Cardholder's credit line for use In future sales; (d) Extend credit for or defer the this of paymentof the total cash price in any Transaction; (o) Honor a Card except In a Transaction where a total cash price is due and payable; (n Make any special charge to or extract any special agreement or security from any Cardholder In connection with any Transaction; (g) Transmit or accept payment for any Transaction (hat was not oriffnaled directly between Merchant and a Cardhdder for the sale or lease of goods or the performance of servces of the typo Indicated in the Merchant Application form to which this Agreement is attached; (h) Honor or accept a Card as payment for any legal services or expenses arising out of or related to: (I) any domestic relations matter where such services a expenses are furnished to a person whose name Is not embossed on a Card; or (fi) any bankruptcy, hnsolvency, compromise, composition or other process affecting Cardholder's creditors; () Use Merchant's own Card, or one to which Merchant has access, to process a Transaction for the purpose of obtaining credit for Merchant's own benefik ij) Re- process any Transaction [hat was previously charged back to Bank and subsequently returned to Merchant, Irrespective of Cardholder approval; (k) Initials a Transaction credlwilhout a preceding debit at least equal to the credit; Q) Initiate a Transaction credit without a balance in the Operating Account at east equal to (he credit; (m) Use the Equipment or any data received thereon for any other purpose other than for determining whether or not Merchant should accept checks or Cards in connection with a current sale or lease of goods or services; (n) Use the Equipment a any data received thereon for credit inquiry purposes or any other purpose not authorized by this Agreement; (o) Draw or convey any inference concerning a person's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living when any Card or check is processed as non - accepted; (p) Disclose any Information obtained through the Equipment to any person except for necessary disclosures to affected Cardholders, Bank and/or the Issuer, (q) Disburse funds in the form of travelers chequos, Ii sole purpose is to allow the Cardhdder to make a cash purchase of goods a services from Merchant; (r) Disburse funds in the form of cash; (s) Accept a Card to called or influence an exlsling debt (whether originally mod to Merchant or otherwise) that is considered uncollecgble (for example, payments ie a cot'eetion agency or attempts to recover funds for a dishonored check) g= to the extent specifically permitted by Applicable Law; (t) Issue a Transaction credit in respect of goods a services acquired in a cash transaction which are returned; (u) Make any cash refund to a Cafdholderwho has made a purchase with a credit Card (all Transaction credits shall be issued to the same credit Card account number used In the sale); (v) Require a Cardhdderlocanpletea postcard orsimilardeviee thatincludes Ole Cardholders account number, Card expiration dale, signalure or any other Card account data in plain view when mailed;; (w) Accept a Card for the purchase of Scrip (as defined by applicable VISA regulalions), gNg�@J to the extent specifically permitted by Applicable Law; (x) Accept any payment directly from a Cardholder for previous Card charges incurred and processed by Merchant; (y) Require, through an increase in price or Otherwise, any Cardholder to pay any surcharge in connection with any Transaction or to pay any part of any charge imposed on Merchant by Bank exteg in either case, as expressly pemutted by, and under terms and conditions that comply in full with, Applicable Law; (z) Provide cash to a Visa cardholder unless Merchant is either (1) participating in Visa Cash -Back Services or (ii) a hotel or emiso tine; (as) Cause any Cardholder to waive its right to dispute a Transaction; (bb) Request the Card Verification Value 2 data (as defined by Visa) on any paper order form; (cc) Request a Cardholder account number for any purpose that is not related to payment for goods or services; or (dd) Add any lax to Transactions, unless applicable law expressly requires that a merchant be permitted to impose a tax, and only If such tax is included in the Transaction amount and not collected separately.. 12. Prohibition of Furnishing Account Information; Use of Third Parties. Merchant shall not, without the Cardholders consent, sell, purchase, provide or exchange any Card Information in the form of Transaction documents, carbon copies of imprinted Transaction documents, mailing lists, tapes, journal rolls a other media obtained through the use of a Card to any third party. Merchant may use third parties that do not have a direct agreement with Bank as Merchant's agent for the direct delivery of Transactions for during and selgemenliE (a) Merchant advises Bank that it will use a third -party processor In this capacity, identifying the third party so selected by Merchant; (b) Merchant agrees that Bank will reimburse Merchantonly for the Visa Transactions delivered by that third -party processor to VisnNet; and (c) Merchant assumes responsibility for any failure by its third -party processor to comply Willi Applicable Law. Merchant shall notify Bank of the identity of any third party performing services to Merchant in connection with which such third party has access to any Card Inferma0on. 13. Dally Reconciliation of Transactions. (a) Electronically Transmitted Transactions. Bank shall control and disburse all Transaction - related settlement funds to Merchant Transactions with respect to which Bank receives payment from or through the Associations will be settled on a daily basis, and Bank shall deliver payment to Merchant in connection with such Transactions by effecting a credit to the Operating Account equal to the reconciled and paid summary Transaction total of all of Merchant's total paid summary Transactions since the previous credit. Notwithstanding the foregoing, Bank may, in its sole discretion, effect a credit to the Operating Account in connection with any Transaction prior to the point in lime Bank receives payment in connection therewith from or through the Associations. In either case, Bank may, if necessary or appropriate, reduce any credit made to the Operating Account by, and/or Bank may require that Merchant pay to Bank an amount equal to: (1) the sum of ON Cardholder charges denied, refused or charged back; ([I) all refunds processed an account of Cardholders during said time pared; (iii) the amounts, fees and charges, Including (but not limited to) Chargebacks, Merchant owes Bank hereunder; (w) all taxes, penalties, charges, tees and other items Incurred by Bank that are reimbursable pursuant to this Agreement (v) all applicable false, fees and charges described on Schedule A; (V) any amount Bank previously credited to the Operating Account that Bank determines, In good faith, was Incorrectly OR credited; and (vin) any amount Bank determines, in its sole discretion, represents unacceptable risk to the relevant Cardholder or Bank. Any application of funds associated with the settlement of Transactions that differs from the foregoing must be agreed to, in waling, by Bank and Merchant and may not, in any respect, violate Applicable Law. (b) Recondilalfen of Transactions. Merchant shall reconcge each settled Transaction within fifteen (15) days after the date on which such Transaction Is submitted to Bank for payment, and shall noft y Bank and ISO immediately of any discrepancies or errors Merchant notes as a result of such reconciliation. Neither Bank nor ISO shall have any responsibility or liability for Tmnsaction - related errors or omissions that are brought to their attention more than thirty (30) days after the date on which the Transaction to which such error a omission relates is first presented to Bank for settlement. (c) Provisional Craftt. Any credits to the Operating Account are provisional only and subject to revomflon by Bank until such time that the Transaction Is final and no longer subject to Chargeback by the Issuer, Cardholder or Associations. Bank may withhold payment fora Transaction to Merchant, for any reason, ontil such time as the Transaction has been verified as legitimate by the relevant Issuer, or Bank receives adequate supporting documentation from Merchant to authenticate, the Transaction and mitigate Chargeback risk. 14. Adjustments and Ret urns. Merchanlwill maintain a fair exchange and return policy and make adjustments with respect to goods and services sold and/or leased to Its customers wheneverappropdate. If Merchant limits Its acceptance of returned merchandise, or If Merchant is an Efeclronic Commerce Merchank Merchant will ensure that Its return policy are clearly sot forth an the Transaction receipt or an Merchants website, as required by ApplimVe Law. If goods are returned, or services are terminated orcanceled, or any price is adjusted, Merchant will prepare and transmit a credit a return Transaction, either electronically or by paper, far the amount of the adjustment as a deduction from the total amount of Transactions transmitted that day. If the amount of credit or return Transactions exceeds the amount of sales Transactlons, Merchant shall pay the excess to Bank. Merchant shall make no cash refunds on credit Transactions and shall handle all credit adjustments as provided in this Secdon 14. If no refund or return will be given, Merchant must advise Cardholder In writing, at the time of the Transaction, that the sale is a "final sale" and "no ret urns° are permitted. Merchant must advise Cardholder in writing of any policy of Merchant that provides for no-cash refunds and in -store credit only. Merchant shall follow AssectaOun mservation/no-show policies, and shall notify Cardholders in writing of this policy on all advance reservations. Merchant also shall rally Cardholders at the time of the reservation of the exact number of days required for reservation deposit refunds. 15. Chargebacks. The acceptance by Bank of any Transaction processed in accordance with the terms of this Agreement shall be without recourse to Merchant, except for. (i) Full Recourse Transactions; (II) as otherwise indicated in this Agreement; and (Iii) under any of flle following circumstances: (a) No specific prior Authorization for the TransacUon was obtained from the Authorization Center, the approval number does not appear In the electronic transmittal that is maintained by Bank, or the Transaction was submitted to the Bank or ISO thirty (30) days or more after the dale on which the goods and/or services to which the Transaction relates were purchased a leased by the relevant Cardholder, (b) The Transaction was based on a pro- outhodza5on form, the Card on which the Authorization was based was canceled and Merchant was so nofified prior to the Transaction; (c) The Card giving rise to the Transaction was canceled and prior to, or at Ole time of, life Transaction, and Merchant received notice of the cancellation through the electronic terminal, in uniting or otherwise; (d) The Card expired prior to the date of the Transaction or the date of the Transaction was prior to the validation date, if any, Indicated on the Card; (e) The Transaction Information required by this Agreement was not submitted to Bank, or the procedures required by this Agreement to be followed In connection with processing a Transaction were not followed; (1) Bank or Issuer receives a complaint from or on behalf of a Cardholder staling that there is an unresolved dispute or defense to a charge (whether or not valid) between Merchant and Cardholder, (g) The Cardholder makes a written complaint to Bank or Issuer that the Cardholder did not make or authorize the Transaction; (h) A setoff Or counterclaim of any kind exists in favor of any Cardholder against Merchant (hat may be asserted in defense of an argon to enforce payment against the Cardholder In the Transaction; (I) The Transaction was made at or by a merchant other than Merchant; 0) The Transaction otherwise violates the terms of this Agreement or any Applicable Law; (k) A Transaction is charged back by an Issuer; or (I) Any representation orwarranty made by Merchant in connection with the Transaction is false or Inaccurate in any respect. In any such case, Bank shall not be obligated to accept a Transaction for credit to the Oparatng Account. If Bank has credited the Operating Account or Reserve Account for such a Transaction, Bank may return the Transaction to the Merchant, and Merchant shall pay Bank the amount of the Transaction. Merchant agrees that It is solely responsible for all Chargebacks, and That Bank, without prior notice to Merchant, may: (I) charge the amount of the Transaction to the Operating Account a Reserve Account; (ii) recoup the amount of the Transaction by adjustment of the credits due to Merchant; and/or (Iit) set off the amount of the Transaction against any account or property Bank holds for or on behalf of Merchant. If Merchant disagrees with Bank's decision to charge back a Transaction, Merchant must so notify Bank In writing within 10 days of the Chargeback, and provide documentation that the dispute has been resolved to Cardholders satisfaction or proof that a credit has been issued Without limiting the generality of any other provision of this Agreement, If Bank or ISO, if ISO has indemnified Bank, takes legal action against Merchant for any Chargebacks Off any amounts due Bank or ISO hereunder, Merchant shall pay the costs and attorneys' fees Incurred by Bank and /or ISO, whether suit Is commenced or not, In addition to any other fomerly available to Bank, upon the occurrence of a Monthly Chargehack Violation, Merchant must pay to Bank a fee that is calculated $3 follows (whore X in the table below is the Transaction Chargeback Ratio for the relevant calendar month and Y is the number of Chargebacks processed during the relevant calendar month): Y 1.0% SXS 1.5% 1'p 4(9 235% 2,25% a5 25% 2.5% IXS 37. 3. IXs 3.5% 3S'h .IXS 5% 5'A IXs 7.5% 7.5 %IX 5 -25 $0 $10 $15 $15 $20 $25 $40 $50 2850 Sf0 $15 $15 $20 S20 $25 $40 $50 51 -75 $15 d$2O $20 520 $25 325 $30 $50 $50 76 -100 $15 120 525 $25 530 $35 $50 $50 101 -125 $20 325 $25 $30 35 $35 $60 Jae 126.150 $20 $25 $30 $35 $35 $40 $75 $75 157 -175 325 830 $35 $35 Soo 540 $75 $100 175. 1 $25 $30 $35 $35 $40 $40 $50 $f00 $Joe 16. Merchant Statement. At least once asell month, Bank shall provide a statement (the 'Merchant Statement) to Merchant. All Information appearing on the Merchant Statement shall be deemed accurate and affirmed by Merchant unless Merchant objects by written notice specifying the particular item fn dispute within 30 days of the date of (he Merchant Statement 17. Retention of Information. Merchant shall retain the Information required to be submitted in connection will a Transaction a to be maintained in connection with a complaint forseven years from the date of the Transaction a the complaint At the request of Bank Merchantshall provide such information to Bank or ISO, as directed by Bank, within five (5) days of receipt Ole request from Bank. Failure to meet such time frame or nondelivery ofany Item or delivery of an illegible copy of an item requested by an Issuer shall, among other things, constitute a waiver by Merchant of any claims and may result in an irrevocable Chargebeck for the full amount of the Transacion. 18. Recovery of Cards. Merchant will use its best efforts to reasonably and peaceably recover and retain any Card with respect to which Merchant receives noOficallon of cancellation, restrictions, theft or counterfeiting. This notice may be given: @ electronically through the Equipment; (it) by the Authorization Center through any means; or (iii) by listing on any canceled Card or restricted Card list Merchant shall also take reasonable slops to recover a Card that it has reasonable grounds to believe is counterfeit, fraudulent or stolen. % Customer Complaints. Merchant shall respond promptly to inquiries from Cardholders and shall attempt to resolve any disputes amicably. If unresolved disputes occur with a frequency unacceptable to Bank, Bank may terminate this Agreement Bank reserves the right to charge Merchant reasonable fees and reimbursement on account of excessive Cardholder Inquiries, refunds or Chargebacks. Merchant agrees to maintain the following Information in writing with respect to each claim or defense asserted by a Cardholder for which Merchant has received notice: (a) The Cardholders name; (b) The Card account number, (c) The date and time the Cardholder asserted the claim or defense; (d) The nature of the claim or defense; and (e) The action Olaf Merchant took in an attempt to resolve the dispute. Upon request, Merchant shall furnish Bank with Ibis information in wolfing within 10 days. 20. Confidentiality. Merchantshall treat all information recelved in connection with this Agreement as conridemal. Merchant shall prevent the disclosure of this Information except for necessary disclosures to affected Cordhoidem, to Bank, to ISO and to Issuers. 21. Compliance with Applicable Law. a. General. Merchant represents and warrants that it has obtained all necessary regulatory approvals, certificates and licenses, and that it Is in compliance with all Applicable Law, in connecten with the operation of its business. Merchant represents and warrants Thal it understands the importance of complying with Applicable Law in connection with any and all actions it takes in connection with Transactions (Including, without IimllaOOn, complying with requirements relating to Transaction information, storage and disclosure), and covenants alall tunes to comply in full with all Applicable Law. Merchant further acknowledges and agrees thatit Is responsible for the actions of all of its employees while in Merchant's employ. b. Data Security Rules. Without limiting the generality of the foregoing orany other provision of this Agreement Merchant understands that it and all of Its employees, agents, representatives and service providers must comply with the Rules, including without limitation, those relating to Cardholder information amenity issues, non -disclosure of Cardholder information and Transaction documents, retention and storage of Cardholder and Transaction information and other security procedures adopted by the Associations. Merchant hereby confirms its agreement to abide by and fully comply with such Rules, Including, without limitation, the Rules and procedures described below: 1. Visa Cardholder Information Secudty Program end MasterCard Silo Da(a Protection Pro fore Visa and MasterCard have Implemented programs to project Cardholder data. The Visa Cardholder Information Security Program CgSP') and MasterCard Site Data Protection Program (`-SDP') apply to Merchant If Merchant processes or stores Cardholder data as o result of Internet or maigtetephono acceptance of Visa a MasterCard Card account information. A copyof the complete Visa Cardholder lmormafion Security Standards manual and a Self- Assessment Worksheet can be obtained online at www.visa.mm/cisp a from Bank, and a copy of the SDP provisions can be obtained from Bank. Visa and MasterCard may impose restrictions, fines, or prohibit Merchant from participating In Visa or MasterCard programs flit is determined that Merchant is non- compliant. Merchant may be required to comply with an audit to verily compliance with security procedures. The following list describes some of the current CISP and SDP program requirements, with all of which Merchant may be required to comply, if applicable to Merchant (A) install and maintain a working network fifewallto protect data accessible via the Internet; (B) keep security patches up-to -date; (C) encrypt stored data; (D) encrypt data sent across networks; (E) use and regularly update anti-vims software; (F) restrict access to data by business 'need to kna3P; (G) assign a unique ID to each person with computer access to data; (H) don't use vendor- supplied defaults for system passwords and other security parameters; (1) track access to data by unique ID; (J) maintain a policy that addresses information security for employees and contextere; and (K) restrict physical accesslo Cardhoiderinformallon. Machanlmustallocompiywilhtherequlrementsof Section 10.3 of the Visa Rules in connection with suspected or confirmed losses, thefts, compromises of information, and fraud or laundering associated with Information. Please also note that this is not intended to be a complete list, and Merchant remains solely . responsible for understanding and complymg in full with all of the applicable CISP and SDP requirements. if. Transacttoninformation. Merchant acknowledges that the sale or disclosure of databases containing Cardholder account numbers, personal Information, or other Transaction information to third parties is strictly prohibited by the Rates. Unless Merchant obtains consents from Bank, and each applicable Association, issuing bank and Cardholder, Merchant must million, disclose, sell a disseminate any Cardholder Intonation obtained in connection with a Transaction (including without limilalion, the names, addresses and Card account numbers of Czrdhoidors, copies of imprinted sales drafts and /or credit records, mailing lists, tapes or other media obtained in connection with a sales draft and/or credit record) except for purposes of authorizing, completing and settling Transactions and resolving any Chargebacks, retrieval requests or a ilor issues involving Transactions, other than pursuant to a court or governmental agency request, subpoena or Older. Merchant shall use proper controls for, limit access to, and render unreadable prior to discarding all records containing Cardholder account numbers and Card Imprints. Merchant may not retain or stare magnetic stripe data after a Transaction has been authorized. If Merchant stores any electronically captured signature of a Cardholder, Merchant may not reproduce such signature except upon the specific request of Bank Merchant shall store all media containing Cardholder names, Cardholder account Information, and other personal information, as well as Card imprints (such as sales drafts and credit records, auto rental agreements, and carbons) in an area limited to selected personnel and, prior to discarding any such information, destroy it in a manner that renders the data unreadable. Merchant further warrants and agrees that in the event of its While, including bankruptcy, insolvency, or other suspension of business operations, it will not sell, transfer a disclose any materials that contain Cardholder account numbers, personal Information, or Transaction information to third parties, and shall return the information to Bank and provide acceptable proof of destruction to Bank. 22. Taxes. Each party hereto shall report its income and pay its own taxes to any applicable jurisdiction. It either Bank or ISO is required to pay any taxes, interests, fines or penalties owed by Merchant sald amount shall become immediately due and payable by Merchant to Bank or ISO. If excise, sale or use taxes are imposed on Transactions, Merchant shall be responsible for the collection and payment thereof. Merchant shall not add any tax to any Transaction unless App9caWe Law expressly provides That Merchant is permitted to impose a tax, and any such tax amount, it so allowed, shag be included in the Transaction amount and not collected separately. Bank or ISO shag be entitled to recover from Merchant any or said taxes paid by it on behalf of Merchant immediately after payment. 23. Limitation of Liability. In addition to all other limitations on the liability of Bank and ISO contained in this Agreement, neither Bank nor ISO shall be liable to Merchant or Merchant's arslomars a any other person for any of the following: (a) Any loss or liability resulting from the denial of credit to any person or Merchant's retention of any Card or any attempt to do so; (b) Any loss caused by a Transaction downgrade resulting from defective or faulty Equipment, even if such Equipment is vaned by Bank or ISO; (e) The unavailability of Services caused by the termination of contracts with computer hardware vendors, processors or installers, whether terminated by Bank, ISO or any other person for any reason; or (d) Interruption or termination of any Services caused by any reason except for failure of ISO to repair or replace Equipment at Merchant's expense (in which case, any resulting ImUlity shall be for the sole account of ISO). At no time will ISO's liability exceed the amount of fees collected or reasonably expected to be collected from Merchant for this delay period. NEITHER BANK NOR ISO SHALL BE LIABLE FOR ANY LOST PROFITS, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES TO MERCHANT OR TO ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE SERVICES TO BE PERFORMED BY BANK OR ISO PURSUANT TO THIS AGREEMENT. MERCHANT ACKNOWLEDGES THAT BANK HAS PROVIDED NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY EQUIPMENT AND THAT BANK HAS NO LIABILITY WITH RESPECT TO ANY EQUIPMENT. BANK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES IT PROVIDES HEREUNDER. IF THERE ARE ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM BANK'S OR ISO'S PERFORMANCE OR ANY FAILURE TO PERFORM, BANKS AND ISO'S LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS, IF COMMERCIALLY REASONABLE. 24. Limitation on Damages. In no was shag Merchant be entitled to recover damages from ISO or Bank that exceed the fees retained by Bank and ISO pursuant to this Agreement during the six month period immediately prior to the event giving rise to the claim for damages. 25. Indemnification. Merchant agrees to indemnify and hold Bank and ISO harmless from any and all losses, claims, damages, liabilities and expenses, including attorneys' fees and costs (whether or not an attorney is an employm,of Bank or Bank's affiliates, ISO or affiliates of ISO) arising out of any of the folimving: (a) Merchant's failure to complywith this Agreement; (b) Any act or omission of Merchant (c) Merchant's failure to comply with any Equipment's users guide; (d) Merchant's failure to comply With any Applicable Law, (o) Any dispute concerning the quality, condition or delivery of any merchandise or the quality of performance of any service; (1) The fraud or dishonesty of Merchant or Merchant's employees, licensees, successors, agents and /or assigns; (g) Merchant's selection of an Internet service provider a other telecommunication services provider; (h) The theft of or damage or destruction to any Equipment OF (I) Full Recourse Transactions, unauthorized Transactions and prohibited Transactions. 26. Credit Investigation and Bank Auditing. Bank may audft, from limo to time, Merchant's compliance with the terms of this Agreement. Merchant shall provide all information requested by Bank to complete Bank's audit. Merchant authorizes parties contacted by Bank to release the credit information requested by Bank, and Merchant agrees to provide a separate authorization for release of credit Information, if requested by Bank. Merchant shall deliver to Bank such information as Bank may reasonably request from lime to lime, Including Without [Imitation, financial statements and Information pertaining to Merchant's Manclal condition. Such Information shall be flue, complete and accurate. Without limiting the generality of the foregoing, Merchant shall provide to Bank and ISO Its balance sheet and income statements not less frequently gran every three calendar months during the term of this Agreement. 27. Termination of Agreement by Bank and ISO. Bank may terminate this Agreement upon at least 30 days' prior written notice to fire other parties. In addition, Bank may terminate this Agreement immediately upon written notice to Merchant upon the occurrence of any of the fallowing (each, an 'Event of DefaulC): (a) Any information concerning Merchant obtained by Bank is unsatisfactory to Bank, In Bank's sole discretion. (b) Any act of fraud or dishonesty Is committed by Merchant, its employees a agents, OF Bank believes in good faith that Merchant, Hs employees or agents have committed, are committing or are planning to commit any acts of Gaud OF misrepresentalim, (c) Chargebacks am excessive, in the opinion of Bank. (d) There is a breach of anyrepresenlalion or warranty made by Merchant to Bank, or Mardmnt defaults In the performance of any of its obligations under this Agreement. (e) Merchant riles a pegdon under any bankruptcy or insolvency law. (f) Bank determines that the continuation of this Agreement may create harm or the loss of goodwill to Bank or any Association, (g) Merchant fails to maintain sufficient funds in the Operating Account tocover the amounts due to Bank hereunder. (h) Merchant's percentage of err" Transactions or retrieval requests is excessive In the opinion of Bank. (i) Any Insurance potty obtained by Bank, ISO or Merchant relaling to Transactions and /or Chargebacks is cancelled or terminated for any reason. Q) Merchant falls to provide financial statements suitable to Bank on request. (k) ISO does not orcannot perform its duties under this Agreement and Bank determines that It is not feasible to provide the Services contemplated by this Agreement to Merchant. Bank is not obligated to provide replacement Services If ISO does not or cannot perform. (1) AnyAssociation requests ordemands that this Agreement be terminated. Bank may selectively terminate one or more of Merchant's approved locations without torminaling this entire Agreement In the event of termination, all obligations of Merchant incurred or existing under this Agreement prior to termination shall survive the termination. Merchant's obligations with respect to any Transaction shall be deemed Incurred and existing on the date of such Transaction. In the event Bank terminates this Agreement following any Event of Default, Merchant: (i) agrees that Bank may place Merchant on each Association's 'Terminated Merchant file' (or any other list or file serving a similar purpose); and (it) agrees to indemnify and hold Bank and ISO harmless from and against any and all costs, expenses and Ilabilifles trimmed by Bank and/or ISO in connection with or arising out of such Event of Default. 28, Termination of Agreement. Merchant may terminate this Agreement upon at leasl30 days' prior hwillen notice to the other parties It Bank amends Schedule pursuant to Section 31 to Increase the rates, fees or charges Merchant pays hereunder, except fa fees OF rates that result from a pass through from an Association. If you elect to terminate this Agreement within the first ninety (90) days from the dale all Parties sign the Agreement, the Early Termination Fee does not apply. If (a) you elect to cancel this Agreement prior to the expiration of the then current term, or (b) this Agreement Is terminated by us prior to the expiration of the Olen current term due to an Event of Default, we will suffer a substantial injury for which it is impracticable ar extremely difficult to fix actual damages, in an effodto liquidate in advance The sum thatshould represent such damages, you agree to pay us an °Early Terminallon Fee' in an amount no less than four hundred ninety five dollars ($495). This sum represents a reasonable pre - estimate ofthe losses that ere will incur as a result of the cancellation of this Agreement prior to the expiration of the then current term of the Agreement. 29, Setoff. in addition to any other legal or equitable remedy available to it in accordance with this Agreement or by low. Bank and ISO may set off any amounts due to it under this Agreement against any property of Merchant In its possession or under its control. 30. Exclusivity, Merchant shall submit all Transactions made during the term hereof solely to Bank for processing, If Merchant falls to comply with this provision, Merchant agrees to pay Bank, within 10 days of the date of non- compgance, a liquidated damages sum to be determined by computing the projected gross dollar volume of Transactions processed by Bank on behalf of the Merchant for the remainder of the term hereof and multiplying that number by 1% Merchant and Bank agree that the damages suffered by Bank as a result of such non- compliance would be extremely difficult to calculate with precision. For that reason, Ore pelves hereto agree that the liquidated damages should be computed as set forth above. Any exceptions to this exclusive arrangement must be approved by Bank and ISO in advance in writing. 31. Amendments to this Agreement. From time to time Bank may amend this Agreement as follows: (a) Bank may amend or delete Cards or Services listed in ScheduleA by nolilying Merchant in writing of any such amendment. All provisions of [his Agreement shall apply to Cards or Services added to this Agreement Bank shall notify Merchant of the fees to be charged for processing the additional Cards and Services. Acceptance by Merchant of a new approved Card as payment for a Transaction or use of a new Service after Bank has sent Merchant notice of an amendment shall constitute Merchant's agreement to the amendment and the fees or charges related to these additions. (b) From time to time, Bank may change all rates, fees and charges set forth an Schedule A. Bank will provide written notice to Merchant of all such amendments. Bank may change the rates, fees and charges without prior written notice if Merchant's sales volume or average Transaction amount does not meet Merchant's projections contained in the Merchant Application form to which this Agreement is attached a if the risk factors associated with processing Transactions increase. If notice is required, Bank will give written notice an the Merchant Statement. All new rates, fees and charges will become effective fa the month Immediately following the month in which the police appeared on the Merchant Statement unless Merchant terminates this Agreement in accordance with Section 28. (c) Bank may amend this Agreement In any manner other than as described in Section 31(a) or 31(b) above simply by providing wdtlen notice of such amendment to Merchant, and such amendment shall become effective on the lager of Q) the date on which such wdtlen notice is received by Merchant; or (I) a date specified by Bank In such written notice. 32. Assignment, This Agreement may not be assigned by Merchant without the prim written consent of Bank. Bank may assign this Agreement wilhout limitation. Assignment of this Agreement by Bank shall relieve Bank of any further obligations under this Agreement. 33. Financial Accommodations. Bank, ISO and Merchant Intend this Agreement to be construed as a contract to extend financial accommodations for the benefit of Merchant. 34. Waiver. To the extent that Merchant becomes a debtor under any chapter oflige ll of the United Slates Code and such event does not result in the termination of this Agreement, Merchant hereby unconditionally and absolutely waives any right or ability that Merchant may otherwise have had to oppose, defend against or otherwise challenge any motion filed by Bank for relief from the automatic stay of 11 U.S.C. § 362(a) to enforce any or Bank's rights or claims under this Agreement 35. Cooperation. In their dealings with one another, each party agrees to act reasonably and In good faith and to fully cooperate with each other in order to fadglale and accomplish the transactions contemplated hereby. 36. Entire Agreement. This Agreement, together with the Schedules attached hereto, supersedes any other agreement, whether written or oral, that may have been made or entered into by any party (or by any officer a officers of any party) relating to the matters covered herein and constitutes the entire agreement of the parties hereto. 37. Severabiltly. If any provisions of this Agreement shall be held, or deemed to be, or shall In fact be, inoperative or unenforceable as applied in any par1cularsituation, such circumstance shall not have the effect of rendering any other provision a provisions herein contained invalid, inoperative or unenforceable to any extent whatsoever. The Invalidity of any one a more phrases, sentences, clauses or sections herein contained shall not affect the remaining portions of this Agreement or any pad hereof, 38. Notices. Except for notices provided by Bank to Merchant on the Merchant Statement, all notices, requests, demands or other instruments which may or are required to be given by any patty hereunder shag be in writing and each shall be deemed to have been properly given when: () served personally on an officer of the party to whom such notice is to be given, (ii) upon expiration of a period of three (3) business days from and agar the dale or mailing thereof when mailed postage prepaid by registered or oedified mall, requesting return recelpt, or IN) upon delivery by a nationally recognized overnight delivery service, addressed as follows: If to BANK: It to [so. If to MERCHANT: Address listed on She application to which this Agreement is attached. Any party may change the address to which subsequent notices are to be sent by notice to the others given as aforesaid. 39. Governing Law. The agreement must be governed by the laws of the State of Oklahoma, and sole jurisdiction and venue must be in the District Court of Tulsa County, Oklahoma, or in the United Stales District Court for the Northern District of Oklahoma in Tulsa, Oklahoma. 40, Captions. Captions In this Agreement are for convenience of reference only and are not to be considered as defining or limiting in any way the scope or Intent of the provisions of this Agreement. 41. No Waiver. Any delay, waiver or omission by Bank to exercise any Oghl or power arising from any breach or default of The other party In any of the terms, provisions or covenants of th(s Agreement shall not be construed to be a waiver of any subsequent breach or default of the same or any other terms, provisions or covemams on the part of the other party. All remedies afforded by this Agreement for a breach hereof shall be cumulative. 42. Force Majeure. The parties shall be excused from performing any of their respective obligations under this Agreement which are prevented or delayed by any occurrence not within their respective control Including but not limited to strikes or ohor labor matters, destruction of or damage to any building, natural disasters, accidents, riots or any regulation, rule, law, ordinance or order of any federal, slate or local government aul hatty. 43. Cooperation. Merchantcovenams; and agrees that, if it is undergoing forensic investigation at the time this Agreement is signed, Merchant will fully cooperate with the investigation until itis completed. 44. Limited Acceptance. Visa Rules allow Merchant to became a Limited Acceptance Merchant as pad of its use of Bank's Services. A "Limited Acceptance Merchant' as defined by Visa, Is a merchant that accepts either, but not bath, of the following: • Visa Credit and Business Category Cards • Visa Debit Category Cards Merdmnt has elected to become a Limited Acceptance Merchant by choosing to accept ONLY (please mark the applicable card category below): CI Visa Credit and Business Category Cards ❑ Visa Debit Category Cards Merchant's failure to select one of the Limited Acceptance Categories above means that Merchant has elected to accept BOTH Visa Credit and Business Category Cards and Visa Debit Category Cards, If Merchant elects to be a Limited Acceptance Merchant, Merchant must properly display the Visa- approved signage, that represents the Limited Acceptance Category that Merchant has selected above. 46. Special Merchant Categories. (a) If Merchant Is a Health Care Merchant (as defined by the Visa Coro Rules and Visa Product and Service Rules (the "Visa Core Rules°)), Merchant acknowledges that it must comply with the provisions of Section 5.9.12 of the Visa Care Rules. (b) If Merchant is a T &E Merchant (as defined by the Visa Care Rules), Merchant acknowledges that it must comply with all of the provisions of the Visa Care Rules relating to T &E Merchants, including Sections 5.9.6, 5.10.4.1, 7.3.12, and 11.1.3.2. Merchant further agrees that if it is an International Airline Program Merchant (as defined by the Visa Core Rules), file terms of the attached International Aldine Program Merchant Addendum apply. (c) It Merchant receives BIN Information, Merchant agrees that the terms of the attached Merchant Receiving BIN Information Addendum apply. (d) It Merchant is an Electronic Commerce Merchant (as defined by the Visa Core Rules and Visa Product and Service Rules (2014) —the "VCR7, the following terms apply (references following each requirement indicate whether the requirement is located in the VCR or the Visa Acquirer Risk Program Standards Guide (2010) (VPSG$ capgailzed terns that are not otherwise defined in this Agreement are used as defined In the VCR): f. Merchant must display its consumer data privacy policy on its websile. (VPSG) it Merchant must display the security method it uses for the transmission of payment data an its wobsite. (VPSG) iH, Merchant most offer Cardholders a secure transaction method and a data protection method, such as Seems, Sockets Layer (SSL), 3.0 Secure and /cur Verified by Visa. (VPSG; VCR Section 1.5.6.2) Iv, For Non -Secure Transactions and Non- Authenlicaled Security Transactions, Merchant must attempt to obtain a Visa Card expiration date and submit it as pad of the Authorization Request. (VCR Section 5.8.4.1) v. Morchant's website must contain all of the following; (A) Customer service contact, including email address or telephone number. (B) The address, Including the country, of Merchant's permanent establishment, either: (1) On the some screen view as the checkout screen used to present the final Transaction amount; a (2) Within the sequence of web pages the Cardholder accesses during the checkout process. (C) Policy for delivery Of Multiple shipments. (D) Security, capabilities and policy for transmission of payment card details. (E) In addition, on an Online Gambling Merchant's homepago orpayment page, all of the following: (1) The statement "Internet gambling may be illegal in the jurisdiction in which you are located; If so, you are not authorized to use your payment card to complete this transaction "; (2) A statement of the Cardholder's responsibility to know On laws concerning amine gambling in the Cardholdods country; (3) A statement prohibiting the participation of minors; (4) A complete descilption of the rules of play, cancellation policies, and pay -out policies; (5) A statement recommending that the Cardholder retain a copy of Transaction records and Merchant policies and rules; and (VCR Section 5.9.3.1) ntifi (6) An Acquirer numeric Ideer specified by Visa. M. Merchant must not display the full Account Number to the Cardholder ontme. (VCR Section 5.9.3.2) wit If Merchant is a Verified by Visa Merchant, Merchant acknowledges that its Electronic Commerce Transactions are not eligible for Chargeback protection from Chargeback reason codes 75 (Transaction Not Recognized) and 83 (Fraud -Card- Absent Environment) if either. (A) The Merchant is classified with one of the following MCCs: (1) MCC 4829 (Wire Transfer Money Orders); Merchant); (2) MCC 6967 (Direct Marketing— Inbound Telmervices (3) MCC 6051 (Non - Financial Institutions — Foreign Currency, Money Orders (not Wire Transfer), Travelers' Cheques); or (4) MCC 7995 (Betting, Including Lottery Tickets, Cashes Gaming Chips, Off -Track Betting, and Wagers at Race Tracks); or (B) Merchant has been identified in the Merchant Chargeback Monitoring Program a Risk Idengticaton Service Online. Merchant remains Ineligible while it is in either program, and for an additional months after exiling the program. This condition also applies if Merchant enabled Verified by Visa while identified in either program. (VCR Section 5.9.3.5) viit. Merchant must include the following in its transaction receigt3: (A) Customer service canted; (0) Merchant country; and (C) Conditions of sale, Including return and cancellation policy. (VCR Section 5.10.3.3) ix. In an Authorization Request, Merchant must not transmitAuthenBcalfon Data specific to one Transaction with another Transaction, except when either. (A) 2 Transactions are related due to delayed delivery; or (B) All items of an order cannot be shipped at the same time. (VCR Section 10,15.3.2) (e) If Merchant limits Its acceptance of returned merchandise or is an Electronic Commerce Merchant, Merchant must ensure (hat its return policies are clearly indicated to a Cardholder on the Transaction Receipt a on Merchant's website, as follows (VCR Section 5.4.2.4): Location Required Disclosure To be used torthe following Merchant Policies Transaction Receipt 'No Refund' Merchant does not: (all copies, near the "No Exchanges" . Accept merchandise as a Cardholder signature 'All Sales Final' return or exchange area or In an area —Only' . Issue a refund to a Cardholder easily seen by the 'Exchange Marchantameptsmerchandise Cardholder) in exchange for merchandise of equal value to the original Transaction amount 'In-Store Credit Only- Merchant accepts merchandise in exchange for an in -store redt document that both: • Equals the value of the returned merchandise e Must be used at the Merchant location Wehsile(on checkout °C lick to accept' or other All relurnfrefund policies and screen or in sequence acknowledgement button or oiherpurchase terms and of web pages before checkbox conditions final checkout 47. Participation In the American Express Opttllue® Program If Merchant elects to participate h the AMERICAN EXPRESS OplBius Program ('American Express Card Acceptance'), the fallowing terms and conditions apply. (a) The definition of °Association(s)'fs changed to read as follows: 'Associallon(s "means VISA U.S.A., Inc. (`Visa'), MasterCard International Incorporated(` Car(', Discover Financial Services LLC(° Discover') and American Express Travel Related Services Company, Inc, ("American Express'). (b) The definition of Cmd(s)' Is changed to read as follows: 'Card(s)' means either a Visa, MasterCard, Discover or American Express credit card, debit card for other similar card that requires a PIN for Identification purposes), or pre -paid, stored -value or gift card. (c) The definition of "Issue' is changed to read as follows: 'Issuer means American Express or a member of an Association that criers Into a contractual relationship with a Cardhoiderfor the issuance of me or Moro Cards (d) Merchant authorizes Bank andfor Its affllates to submit American Express Transactions to, and receive settlement on such Transactions from, American Express on behalf of Merchant. (e) Merchant agrees that Bank may disclose to American Express Information regarding Merchant and Transactions to American Express, and [hat American Express may use such Information: O to perform its responsibilities in connection with American Express Card Acceptanco; (i) to promote American Express; (ill) to perform analylics and create reports; and IN) for any other lawful business purposes, Including commercial marketing communications purposes within the parameters of American Express Card Acceptance, and Important Uansaclional or relationship communications from American Express. American Express may use the information about Merchant obtained in this Agreement at the time of setup to screen andfor monitor Merchant in connection with American Express marketing and administrative purposes. Merchant agrees it may receive massages from American Express, including important information about American Express products, services, and resources available to its business. Those messages may be sent to the mailing address, phone numbers, email addresses or fax numbers of Merchant Merchant may be contacted at its wireless telephone number and the communications sent may include autodialed shod message service (SMS or "text°) messages or automated or prerecorded calls. Merchant agrees thatit may be sent fax communications, (q Merchant may opt -out of receiving future commercial marketing communications from American Express by contacting ISO; however, Merchant may continue to receive marketing communications while American Express updates Its records to reflect this choice. Opting out of commercial marketing communications will not preclude Merchant from receiving important transactional or relationship messages from American Express. (g) Merchant acknowledges that It may be convected from American Express Card Acceptance to a direct relationship with American Express if and when its American Express - related Transaction volumes exceed the eligibility thresholds for American Express Card Acceptance. if this occurs, upon such conversion: If) Merchant will be bound by American Express's then - current Card Acceptance Agreement; and (d) American Express vd8 set pricing and other fees payable by Merchant. (h) Merchant will not assign to any third party any payments due to it under American Express Card Acceptance, and all indebtedness arising from Transactions will be far bona fide sales of goods and services (or bosh) at its business locations and free of Yens, claims, and encumbrances other than military sales taxes; provided, however, that Merchant may sell and assign future American Express - related Transaction receivables to Bank, its affiliated entities and /or any other cash advance funding source that partners with Bank or its affiliated entitles, without consent of American Express, Notwthstanding Vie foregoing, Bank prohibits Merchant from selling orassigning future American Express - related Transaction receivables to any third party. (1) Notwithstanding anylhing in this Agreement to Ilia contrary, American Express shalt have thlyd -pady beneficiary rights, but not obligations, to the terms of (his Agreement applicable to American Express Card Acceptance to enforce such terms against Merchant. (j) Merchant may opt out of accepting American Express at any Vme without directly or Indirectly agecting its rights to accept other Cards. (k) Bank and ISO have the right to terminate Merchant's participation In American Express Card Acceptance immediately upon written notice to Merchant Q) if Merchant breaches any of the provisions of this Section 47 or any other lens of this Agreement applicable to American Express Card Acceptance; or (ii) for cause or fraudulent or other activity, or upon American Express's request. In the event Merchant's participation in American Express Card Acceptance Is terminated for any reason, Merchant must Immediately remove all American Express branding and marks from Merchant's website and wherever else they are displayed. (I) Merchant's refund policies ImAmedcan Express - related Transactions must beat least as favorable as Its refund policy for purchase with any clear Card, and the refund policy must be disclosed to Cardholders at the time of purchase and in compliance with Applicable Law. Merchant may not bill or attempt to collect from any cardholder for any American Express - related Transaction unless a Chargeback has been exercised, Merchant has fully paid for such Charget ack, and it otherwise has the right to do so. (m) Merchant mustacceptAmedcan Express as payment far goods and services (other than those goods and services prohibited by Oils Agreement or Applicable law) sold, or (if applicable) for charitable contributions made at all of ils business locations and websiles, except as expressly permitted by stale statute. Merchant is jointly and severally liable for the obligations of Merchant's business locations and websiles under this Agreement (n) Merchant orAmedcon Express may elect to resolve any claim against each other, or against Bank or ISO with respectlo American Express - related Transactions, by individual, binding arbitration, decided by a neutral arbitrator, (o) Merchant will comply in full with American Express's Merchant Operating Guide (as the same may be amended from flme to Ome). The Merchant Operating Guide Is available at ynwv ,amerigonexpress.com/morchnntopoulde (p) American Express has the right to modify the terms of this Section 47 and to terminate Merchant's acceptance of American Express - related Transactions and to require an Investigatlon of Merchant's activities with respect to American Express-related transactions. CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 01/23/16 Department Payroll Expenses Total Expenses Municipal Court 5,371.76 8,138.15 Managerial 21,266.72 30,397.46 Finance 15,471.82 23,968.21 Human Resources 8,172.56 13,583.66 Community Development 15,694.51 25,051.48 Engineering 16,101.04 24,450.57 Information Systems 13,503.73 20,798.08 Support Services 7,778.82 11,112.85 Cemetery 1,155.36 1,776.08 Police Grant Overtime 2,970.72 3,010.03 Central Dispatch 18,596.40 31,695.51 Animal Control 3,434.00 5,204.33 Emergency Preparedness 1,757.93 2,512.13 Stormwater /ROW Maint. 5,850.98 8,890.58 Park Maintenance 6,035.60 9,551.73 Culture /Recreation 4,955.88 8,175.45 Community- Senior Center 4,470.79 7,089.31 Historical Museum 654.40 73415 Economic Development 3,367.09 4,439.17 General Fund Total 156,610.11 240,579.53 Garage Fund Total 4,687.60 7,738.26 Ambulance Fund Total 365.00 409.82 Fire Fund 37 Total 141,432.74 220,892.84 Police Fund 38 Total 132,791.25 209,315.40 Streets Fund 39 Total 7,856.43 13,65414 Stormwater Fund 27 Total Worker's Compensation Total 10,554.99 12,596.59 Strong Neighborhoods Total 3,827.03 5,604.19 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1/28/16 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 31,437.31 HEALTHCARE MEDICAL SERVICE 55,646.44 HEALTHCARE MEDICAL SERVICE 39,291.95 ADMIN FEES 13,079.12 STOP LOSS FEES 47,301.48 HEALTHCARE DEPT TOTAL 186,756.30 DELTA DENTAL DENTAL MEDICAL SERVICE 3,330.40 DENTAL MEDICAL SERVICE 4,710.26 DENTAL DEPT TOTAL 8,040.66 VSP ADMIN FEES 1,009.82 VISION DEPT TOTAL 1,009.82 HEALTHCARE SELF INSURANCE FUND TOTAL 195,806.78 0 K t A H 0 MBA pFRARRIEN1 Of E14YIRONIAFNIAL OVAIpY Executive Director SCOTT A. THO OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY ar September 22, 2015 Mr. Roger Stevens, Public Works Director City of Owasso 301 West 2nd Ave Owasso, Oklahoma 74055 Re: Permit No. SL000072150719 Carrington Pointe 11 Sanitary Sewer Line Extension Facility No. S -21310 Dear Mr. Stevens: MARY FAUIN Governor Enclosed is Permit No. SL000072150719 for the construction of 3837 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the City of Owasso, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on September 22, 2015. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, /� VaAy lkabasn i, P. E. Construction Permit Section Water Quality Division QRK/RClbg Enclosure c: Rick Austin, Regional Manager, DEQ REGIONAL OFFICE AT TULSA Jerry W. Ledford, P.E., Tulsa Engineering & Planning Assoc. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled paper with soy Ink Cot O K L A H O M A SCOTT A. THOMPSON MARMENr of MIZONMElruwua 1Y Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT MARY FALLIN Governor PERMIT No. SL000072150719 SEWER LINES FACILITY No. S -21310 September 22, 2015 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 3837 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the City of Owasso, located in Section 26, T -21 -N, R -13 -E, Tulsa County, Oklahoma, in accordance with the plans approved September 22, 2015. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 pdnlad an,.cye!ed paper vrilh soy Ink as ap0 0 K..i. A.. H'. O M...:A::. OEPARIIA NT Of EMIRONdENIAI QUAm2 SCOTT A. THOMPSON Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT MARY FALLIN Governor PERMIT No. SL0O0072150719 SEWER LINES FACILITY No. S -21310 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project 9) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities, 10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 11) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (GP -005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 12) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality, 13) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656 - 5-4(c)(3). 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA (0, OKLAHOMA 73101 -1677 printed on recycled paper Mtn soy ink am C. O K L A H 0 td A oEYAUMEM Of RWIPONAENIAE OUAnly SCOTT A. TFIOMPSON Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY PERMIT TO CONSTRUCT MARY FAUIN Governor PERMIT No. SL000072150719 SEWER LINES FACILITY No. S -21310 Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Division 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CIA OKLAHOMA 73101 -1677 printed on recycled paper with soy Mk Q�4� VMS-