HomeMy WebLinkAbout2021.08.03_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Council Chambers Old Central Building 109 North Birch, Owasso, OK
Tuesday, August 3, 2021 - 6:30 PM
NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving,
authorizing, awarding, denying, postponing, or tabling.
AGENDA
1. Call to Order
Mayor Bill Bush
2. Invocation RECEIVED
Pastor Kade Young of No Limits Church JUL 3 0 2021
3. Flag Salute City Clerk's Office
4. Roll Call
5. Presentation of the Character Trait of Creativity
Alvin Fruga, City Councilor
6. Employee of the Quarter
Warren Lehr
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 -July 20, 2021, Regular Meeting
B. Approve claims
C. Accept public infrastructure improvements consisting of a public water line and
all appurtenances at Attic Storage located at 11500 East 80th Street North
D. Accept public infrastructure improvements consisting of roadways, sidewalks,
stormwater system, and sanitary sewer system at Morrow Place Phase II,
residential subdivision, located on the southeast corner of North 129th East Avenue
and East 126th Street North
8. Consideration and appropriate action relating to items removed from the Consent Agenda
9. Consideration and appropriate action relating to the appointment of Jeri Moberly to serve
the remainder of a vacated term on the Owasso Planning Commission, said term to expire
June 30, 2024
Mayor Bush
10. Consideration and appropriate action relating to a sole source purchase of body worn
cameras
Jason Woodruff
Staff recommends authorization for the sole source purchase of nine Axon body camera
systems through Axon Enterprises, Inc., of Scottsdale, Arizona, in the amount of $65,409.30 of
which $18,753.30 will be paid in Fiscal Year 2022, and subsequent payments for Fiscal Year
2023 through Fiscal Year 2026 are contingent upon annual appropriations by the City
Council.
Owasso City Council
August 3, 2021
Page 2
11. Consideration and appropriate action relating to bids received for the FY 2020 -2021
Pavement Striping Project
Daniel Dearing
Staff recommends awarding the construction bid to Direct Traffic Control, Inc., of Muskogee,
Oklahoma, in the amount of $56,554.20, and authorization to execute the necessary
documents.
12. Consideration and appropriate action relating to an agreement for the purpose of leasing
various city fleet vehicles
Chris Garrett
Staff recommends approval of the Master Equity Lease Agreement between the City of
Owasso and Enterprise Fleet Management, Inc., of Clayton, Missouri, and authorization for
the Mayor to execute the agreement.
13. Report from City Manager
• Monthly Public Works Project Status Report
14. Report from City Attorney
15. Report from City Councilors
16. Official Notices (documents for acknowledgment of receipt or information only, no
discussion or action will be taken)
• Payroll Payment Report- Pay Period Ending Date July 17, 2021
• Health Care Self- Insurance Claims - dated as of July 29, 2021
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
18. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and
the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, July 30, 2021.
Chris Garret Deputy City Clerk
The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the
City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to
istevens@cityofowasso.com
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, July 20, 2021
The Owasso City Council met in regular session on Tuesday, July 20, 2021, in the Council
Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting
filed Friday, December 1], 2020; and the Agenda filed in the office of the City Clerk and posted
at City Hall, 200 South Main Street, at 12:00 pm on Friday, July 16, 2021.
1. Call to Order
Mayor Bill Bush called the meeting to order at 6:30pm.
2. Invocation
The Invocation was offered by Pastor Don Cason of Hope Chapel Foursquare Church.
3. Flag Salute
Councilor Alvin Fruga led the flag salute.
4. Roll Call
Present Absent
Mayor - Bill Bush None
Vice Mayor- Kelly Lewis
Councilor- Alvin Fruga
Councilor- Doug Bonebrake - arrived at 6:35 pm
Councilor- Lyndell Dunn
A quorum was declared present.
Staff:
City Manager- Warren Lehr
Acting City Attorney - Beth Anne Childs
5. Presentation of Employee of the Quarter
Mr. Bush announced this item has been moved to August 3, 2021, City Council agenda.
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 - July 6, 2021, and July 13, 2021, Regular Meetings
B. Approve claims
C. Approve normal retirement benefits for Virginia "Ginger" Williamson through the
Oklahoma Municipal Retirement Fund
D. Approve early retirement benefits for Jeffrey "Scott" Bruton through the
Oklahoma Municipal Retirement Fund
E. Approve renewal of the service agreement for the City's radio communication
system with Motorola Solutions of Chicago, Illinois, in the amount of $32,577.00,
and authorize execution of the agreement
F. Declare the following vehicles and equipment as surplus to the needs of the City
and authorize disposal via auction:
• 2005 Ford Expedition - 1 FMPU16545LA99595
• 2000 Ford F450 - 1 FDXF47FI YEC96137
• 2002 Freightliner FL70 Dump Truck, Spreader, Plow Blade - 1 FVABTAK82HKO7776
Mr. Dunn moved, seconded by Ms. Lewis to approve the Consent Agenda, as presented
with claims totaling $436,614.83.
YEA: Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 4 -0
Owasso City Council
July 20, 2021
Page 2
Consideration and appropriate action relating to items removed from the Consent Agenda
None
* *Councilor Doug Bonebrake arrived of 6:35 pm **
8. Consideration and appropriate action relating to Ordinance 1180, approving Planned Unit
Development 21 -01 for approximately 51.43 acres, located just north of 10800 North 1371„
East Avenue, Tulsa Tech Owasso Campus (Redbud Village)
Karl Fritschen presented the item, recommending adoption of Ordinance 1 180
One citizen addressed the City Council. After discussion, Ms. Lewis moved, seconded by Mr.
Bonebrake to adopt Ordinance 1180, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
9. Consideration and appropriate action relating to Ordinance 1181, approving the rezoning
(OZ 21 -03) of approximately 1.19 acres, located at 10602 North 97111 East Avenue, from
Agriculture (AG) to Commercial Shopping (CS)
Alexa Beemer presented the item, recommending adoption of Ordinance 1181.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Dunn to adopt Ordinance 1 181, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
10. Consideration and appropriate action relating to Specific Use Permit (SUP) 21 -03 for Bible
Church of Owasso, containing approximately 9.95 acres, located at 11121 North 129th East
Avenue
Alexa Beemer presented the item, recommending approval of SUP 21 -03.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Mr. Fruga to approve SUP 21 -03, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
11. Consideration and appropriate action relating to Specific Use Permit (SUP) 21 -04 for Criterion,
containing approximately 2.42 acres, located south of 11422 North 134th East Avenue
Alexa Beemer presented the item, recommending approval of SUP 21 -04.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to approve SUP 21 -04, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
12. Consideration and appropriate action relating to a budget amendment in the E -911 Fund
Jennifer Newman presented the item, recommending approval of a budget amendment in
the E -911 Fund increasing estimated revenues and the appropriation for expenditures by
$1,969,627.00.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Dunn to approve the budget amendment, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
Owasso City Council
July 20, 2021
Page 3
13. Consideration and appropriate action relating to a contract with Mediclaims, Inc. for
ambulance cost recovery of Medicaid funding
Linda Jones presented the item, recommending approval of a supplemental contract with
Mediclaims, Inc., of Tonkawo, Oklahoma for Medicaid cost recovery for ambulance service
and authorization to execute the contract.
There were no comments from the audience. Ms. Lewis moved, seconded by Mr. Dunn to
approve and authorize execution of the contract, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
14. Consideration and appropriate action relating to the purchase of two (2) ambulances
David Hurst presented the item, recommending approval to purchase two (2) new AEV Type
I ambulances, in an amount not to exceed $450,000.00 from Southern Emergency and
Rescue Vehicle Sales, LLC (SERVS), of Comanche, Texas, utilizing the Houston - Galveston Area
Council Buy Program Contract #AM10 -20, and authorization for payment.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Bonebrake to approve the purchase and authorize payment, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
15. Consideration and appropriate action relating to the purchase of a compact excavator
Larry Escalanta presented the item, recommending approval to purchase a new E88 R2
Series Bobcat Compact Excavator from White Star Machinery of Tulsa, Oklahoma, in the
amount of $91,579.98, utilizing the State of Oklahoma's approved contract #SW0192 and
authorization for payment.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to approve the purchase and authorize payment, as recommended.
YEA: Bonebrake, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0
16. Report from City Manager
Warren Lehr reported on a recent citizen e -mail recognizing the Community Development
Department, Hornsby appearing at the August Gathering on Main to promote Owasso Night
at the Tulsa Drillers Stadium to be held on August 20, 2021.
17. Report from City Attorney
None
18. Report from City Councilors
Mr. Bonebrake reported on Indian Nations Council of Governments Transportation Policy
Meeting. Mr. Bush reported on a recent citizen comment recognizing the city's firework
display.
19. Official Notices (documents for acknowledgment of receipt or information only, no
discussion or action will be taken)
The Mayor acknowledged receipt of the following:
• Payroll Payment Report - Pay Period Ending Date July 3, 2021
• Health Care Self- Insurance Claims - dated as of July 15, 2021
• Monthly Budget Status Report - June 2021
• Oklahoma Department of Environmental Quality Permit No. SL000072210500 for
Parker Village Sanitary Sewer
Owasso City Council
July 20, 2021
Page 4
20. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
21. Adjournment
Ms. Lewis moved, seconded by Mr. Dunn to adjourn the meeting.
YEA: Bonebroke, Dunn, Fruga, Lewis, Bush
NAY: None
Motion carried: 5 -0 and the meeting adjourned at 7:39 pm.
Bill Bush, Mayor
Juliann M. Stevens, City Clerk
Claims List - 08/03/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL AEP /PSO
ELECTRIC USE
$385.93
EMERGENCY COMMUNICATIONS -Total
SOFWARE LICENSE
$385.93
AEP /PSO
ELECTRIC USE
$242.61
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$498.97
JPMORGAN CHASE BANK
SMARTTAG- SUPPLIES
$765.90
GEN ANIMAL CONTROL -Total
$1,507.48
AEP IPSO
ELECTRIC USE
$20.72
SITE INDUSTRIES LLC
SOFWARE LICENSE
$1,200.00
SPOK INC.
PAGER USE
$9,13
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$20.40
GEN CEMETERY -Total
$1,250.25
DANETTE TODD
CLASSES
$351.00
JPMORGAN CHASE BANK
DOLLAR TREE - SUPPLIES
$32.00
JPMORGAN CHASE BANK
PARKS- SUPPLIES
$60.57
JPMORGAN CHASE BANK
SAMS -CUPS
$29.47
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$5.98
JPMORGAN CHASE BANK
SUPPLIES
$48.98
OWASSO COMMUNITY THEATRE
CLASSES
$540.00
COMPANY
HOME DEPOT -SPRAY BOTT
$9.84
TEAL DANCE COMPANY LLC
CLASSES
$144.00
GEN COMM CTR DONATIONS -Total
$1,212.00
AEP IPSO
ELECTRIC USE
$1,433.49
CINTAS CORPORATION
SUPPLIES
$727.18
DANETTE TODD
CLASSES
$14.00
JPMORGAN CHASE BANK
AMAZON -PAPER
$119.96
JPMORGAN CHASE BANK
AMAZON -PRIME FEE
$12.99
JPMORGAN CHASE BANK
CAMFIL- FILTERS
$100.45
JPMORGAN CHASE BANK
COX -WIFI
$69.00
JPMORGAN CHASE BANK
HOME DEPOT -SPRAY BOTT
$9.84
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
$11.30
JPMORGAN CHASE BANK
LOCKE -PARTS
$2.29
JPMORGAN CHASE BANK
LOWES- LOCK/KEYS
$43.96
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$47.00
JPMORGAN CHASE BANK
LOWES- THERMOTATS
$219.98
JPMORGAN CHASE BANK
OFFICE DEPOT - FURNITUR
$109.99
JPMORGAN CHASE BANK
OFFICE DEPOT -TABLE
$294.98
JPMORGAN CHASE BANK
OFFICE DEPOT - TABLES
$138.62
JPMORGAN CHASE BANK
ORPS -DUES
$45.00
JPMORGAN CHASE BANK
QUIT BUGGIN -PEST CONT
$95.00
SUMNERONE INC
CONTRACT BASE RATE
$151.00
SUMNERONE INC
CONTRACT OVERAGE
$115.99
1
Claims List - 08/03/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL SUMNERONE INC
CONTRACT OVERAGE CHAR
$4,77
GEN COMMUNITY CENTER -Total
TYLER TECH -FEE
$3,766.79
JPMORGAN CHASE BANK
APA- TRAINING
$99.00
JPMORGAN CHASE BANK
CONSTR EXAM - TRAINING
$795.00
JPMORGAN CHASE BANK
ICC -EXAM FEE
$219.00
JPMORGAN CHASE BANK
LODGING EXPENSE
$656.40
JPMORGAN CHASE BANK
PHILLIPS 66 -FUEL
$66.00
TREASURER PETTY CASH
LICENSE -BOGGS
$35.00
GEN COMMUNITY DEVELOPMENT -Total
$1,870.40
BERT PARSONS SECOND GENERATION
BATHROOM DOOR
$4,776.36
REPLACEMENT
FAIRWAY LAWNS LLC
LAWN CARE TREATMENT -MUN
$4,148.92
JPMORGAN CHASE BANK
DELL -PC
$1,364.39
JPMORGAN CHASE BANK
DELL - SPEAKERS
$28.79
JPMORGAN CHASE BANK
EWING IRRG - SUPPLIES
$153.66
JPMORGAN CHASE BANK
EXTREME IRRIG- REPAIR
$975.00
JPMORGAN CHASE BANK
GRAINGER- LOCKER
$855.82
JPMORGAN CHASE BANK
GRAMMARLY -APP
$144.00
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$86.52
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$102.71
JPMORGAN CHASE BANK
SUPPLIES
$11.65
JPMORGAN CHASE BANK
WORLEYS- FLOWERS
$27.93
SUMNERONE INC
COPIER SERVICE
$240.00
SUMNERONE INC
PRINTER REPLACEMENT FOR R
$897.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$31.56
GEN CULTURE & RECREATION -Total
$13,844.31
AEP/PSO
ELECTRIC USE
$76.32
JPMORGAN CHASE BANK
HOME DEPOT -TOOL
$18.46
JPMORGAN CHASE BANK
LOWES -TILES
$434.94
GEN EMERG PREPAREDNESS -Total
$529.72
JPMORGAN CHASE BANK
AMAZON -TAGS
$42.48
JPMORGAN CHASE BANK
TYLER TECH -FEE
$360.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$34.86
UNITED STATES CELLULAR
PW MONTHLY CELL PHONE
$50.15
CORPORATION
COPIER SERVICE
$0.07
GEN ENGINEERING -Total
$487.49
JPMORGAN CHASE BANK
AMAZON- KEYBOARDITRAY
$143.89
JPMORGAN CHASE BANK
GFOA- TRAINING
$535.00
JPMORGAN CHASE BANK
HOME DEPOT -POWER CORD
$9.97
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
$42.70
SUMNERONE INC
COPIER SERVICE
$0.07
2
Claims List - 08/03/2021
Fund Vendor Name Payable Description Payment
Amount
01 GENERAL SUMNERONE INC COPIER SERVICES $45.00
TREASURER PETTY CASH TRAVEL REIMB - NEWMAN $21.80
GEN FINANCE -Total
$34,731.49
$798.43
AEP IPSO
ELECTRIC USE
$4,674.11
AT &T
PHONE USE
$112.26
ELIZABETH ANNE CHILDS
GENERAL LEGAL SERVICE
$2,505.00
HALL, ESTILL, HARDWICK, GABLE,
GENERAL LEGAL
$193.10
HALL, ESTILL, HARDWICK, GABLE,
LEGAL SERVICES
$21.80
JPMORGAN CHASE BANK
AMER WASTE -SVC FEE
$91.76
PROSTAR SERVICES INC
COFFEE
$240.87
GEN GENERAL GOVERNMENT -Total
$34,731.49
$7,838.90
AEP /PSO
ELECTRIC USE
$152.24
GEN HISTORICAL MUSEUM -Total
PHONE USE
$152.24
AMERICANCHECKED INC ATTN: BILLING
BACKGROUND CHECKS
$456.45
COMMUNITYCARE EAP
EAP
$450.84
JPMORGAN CHASE BANK
FACEBOOK- ADVERT
$30.29
JPMORGAN CHASE BANK
FSPRG - TRAINING
$169.00
JPMORGAN CHASE BANK
GLOBAL - TRAINING
$149.00
JPMORGAN CHASE BANK
NEXTCARE- TESTING
$1,185.00
JPMORGAN CHASE BANK
OFFICE DEPOT - REFUND
($22.49)
JPMORGAN CHASE BANK
STRATA - CHARACTER MAG
$1,096.71
JPMORGAN CHASE BANK
STRATA- GUIDES
$224.69
MCAFEE & TAFT
LEGAL - PERSONNEL
$1,274.00
SUMNERONE INC
HR COPIER CONTRACT
$302.00
GEN HUMAN RESOURCES -Total
$34,731.49
$5,315.49
AT &T
PHONE SERVICE
$89,80
AT &T
PHONE USE
$31.28
AT &T MOBILITY
PUBLIC SAFETY WIRELES
$83.35
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$79.80
JPMORGAN CHASE BANK
BARRACUDA- RENEWAL
$2,112.00
JPMORGAN CHASE BANK
CDW GOVT - LABELS
$70.85
PEAK UPTIME
VEEAM BACKUP AND REPLICAT
$7,377.68
SHI INTERNATIONAL CORP
SOPHOS CENTRAL INTERCEPT
$24,886.73
GEN INFORMATION TECH -Total
$34,731.49
JPMORGAN CHASE BANK DELL -PC
$1,376.23
JPMORGAN CHASE BANK SAMS- SUPPLIES
$24.86
JPMORGAN CHASE BANK TULSA CO -MEMB FEE
$150.00
GEN MANAGERIAL -Total $1,551.09
AEP /PSO ELECTRIC USE $2,252.50
JPMORGAN CHASE BANK ATWOODS -BOOTS $99.99
G
Claims List - 08103/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL JPMORGAN CHASE BANK
CORNERSTONE -PARTS
$1.33
THE ADT SECURITY CORPORATION
PARKS OFFICES SECURITY SY
$85.44
UNIFIRST HOLDINGS LP
PARKS STAFF UNIFORMS
$47.16
WASHINGTON CO RURAL WATER
WATER SERVICE MCCARTY PAR
$36.40
DISTRICT
LOWES -BOLT
$8.56
GEN PARKS -Total
LOWES -PARTS
$2,522.82
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$123.89
JPMORGAN CHASE BANK
STAPLES -PAPER
$203.94
JPMORGAN CHASE BANK
WALMART- PRISON BOARD
$8.62
JPMORGAN CHASE BANK
XYBIX -TOOLS
$2,150.00
GEN POLICE COMMUNICATIONS -Total
$2,486.45
BILLY BASORE
DIRT
$130.00
GM LAWNCARE LLC
CONTRACT SERVICE
$2,120.00
JPMORGAN CHASE BANK
AMAZON- BLADES
$39.62
JPMORGAN CHASE BANK
ATWOODS- STRAPS /HOSES
$45.97
JPMORGAN CHASE BANK
LOWES -BOLT
$8.56
JPMORGAN CHASE BANK
LOWES -PARTS
$6.90
JPMORGAN CHASE BANK
MUSTANG MOWERS -HOSE
$85.99
JPMORGAN CHASE BANK
NEW HOLLAND -PARTS
$137.64
JPMORGAN CHASE BANK
NEXTCARE - VACCINES
$300.00
SPIRIT LANDSCAPE MANAGEMENT LLC
96 ST LANDSCAPE
$172.50
SPOK INC.
PAGER USE
$63.91
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$94.62
GEN STORMWATER -Total
$3,205.71
AT &T
PHONE USE
$31.28
COX COMMUNICATIONS
INTERNET SERVICE
$69.95
DALE & LEES SERVICE INC
NEW 4 -TON RTU
$6,560.00
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$35.00
JPMORGAN CHASE BANK
FASTSIGNS -SIGN
$25.00
JPMORGAN CHASE BANK
LOWES -DOOR KNOB
$30.98
JPMORGAN CHASE BANK
OFFICE DEPOT - FOLDERS
$16.17
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$274.72
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
$35.40
GEN SUPPORT SERVICES -Total
$7,078.50
TREASURER PETTY CASH
BKRND CHECK REF -MOXIE
$10.00
TREASURER PETTY CASH
CC REFUND - BALLARD
$50.00
TREASURER PETTY CASH
CC REFUND - BRENNAN
$30.00
TREASURER PETTY CASH
CC REFUND - BRUNTZEL
$200.00
TREASURER PETTY CASH
CC REFUND - DUNCAN
$50.00
TREASURER PETTY CASH
CC REFUND - GRIFFITH
$200.00
TREASURER PETTY CASH
CC REFUND- HEMBREE
$100.00
4
Claims List - 08/03/2021
Fund
Vendor Name
Payable Description
Payment
Amount
01 GENERAL
TREASURER PETTY CASH
CC REFUND -JOBE
$50.00
TREASURER PETTY CASH
CC REFUND - PERFORS
$50.00
TREASURER PETTY CASH
CC REFUND - STEWART
$100.00
TREASURER PETTY CASH
CC REFUND -TODD
$100.00
GENERAL -Total
$940.00
AMANDA FOYIL
SOUND SERVICE
$120.00
JPMORGAN CHASE BANK
RAINWATER -SOUND TECH
$120.00
JPMORGAN CHASE BANK
RED BOX -MOVIE EVENT
$2.01
JPMORGAN CHASE BANK
REDBOX -MOVIE EVENT
$1.99
REDBUD FESTIVAL PARK -Total
$244.00
GENERAL -Total
$91,719.49
20 AMBULANCE SERVICE
JPMORGAN CHASE BANK
AMAZON -SOAP
$21.71
JPMORGAN CHASE BANK
AMAZON - WASHER
$44.65
JPMORGAN CHASE BANK
BOUND TREE - SUPPLIES
$461.50
JPMORGAN CHASE BANK
BUMP2BUMP- SUPPLIES
$4.74
JPMORGAN CHASE BANK
CAPITAL WASTE -SVC
$320.00
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
$466.50
JPMORGAN CHASE BANK
HOME DEPOT -PARTS
$6.16
JPMORGAN CHASE BANK
LIFE ASSIST - SUPPLIES
$1,770.22
JPMORGAN CHASE BANK
LODGING EXPENSE
$220.32
JPMORGAN CHASE BANK
MEDLINE- SUPPLIES
$1,206.12
JPMORGAN CHASE BANK
OREILLY- REPAIR
$32.60
JPMORGAN CHASE BANK
REFUND
($202.84)
JPMORGAN CHASE BANK
SUMNERONE- COPIES
$41.93
MEDICLAIMS INC
GEMT BILLING SERVICES
$32,966.15
AMBULANCE -Total
$37,379.76
AMBULANCE SERVICE -Total
$37,379.76
21 E -911
AT &T
PHONE USE
$431.83
COX COMMUNICATIONS
MO SVC T -1 CIRCUITS
$244.39
INCOG
E911 ADMIN SERVICE FEES 2
$8,898.86
MOTOROLA SOLUTIONS INC
MO PYMT ASTRO SYSTEM - AU
$2,635.89
E911 COMMUNICATIONS -Total
$12,210.97
E -911 -Total
$12,210.97
25 HOTELTAX
AEP /PSO
ELECTRIC USE
$20.72
JPMORGAN CHASE BANK
MEETING EXPENSE
$119.76
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$2.98
TREASURER PETTY CASH
DIGNITARY EXPENSE
$25.00
HOTEL TAX ECON DEV -Total
$168.46
HOTELTAX -Total
$168.46
27 STORMWATER MANAGEMENT
FREESE AND NICHOLS INC
ENGINEERING SERVICES
$4,861.34
M
Claims List - 08/03/2021
Fund Vendor Name Payable Description Payment
Amount
27 STORMWATER MANAGEMENT COUNTRY ESTATES ANALYSIS -Total $4,861.34
NATIVE PLAINS EXCAVATION & ELM CREEK POND DRAINAGE $55,151.76
ELM CREEK DRAINAGE -Total
STORMWATER- STORMWATER -Total
$55,151.76
AEPIPSO
ELECTRIC USE
$245.37
JPMORGAN CHASE BANK
CORE &MAIN- RISERS
$974.38
JPMORGAN CHASE BANK
CORE &MAIN - SUPPLIES
$78.46
JPMORGAN CHASE BANK
DEQ- PERMITS
$814.68
JPMORGAN CHASE BANK
DP SUPPLY - OUTLETS
$396.00
JPMORGAN CHASE BANK
DP SUPPLY -PARTS
$245.00
JPMORGAN CHASE BANK
LOWES- CONCRETE
$7.36
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$37.90
JPMORGAN CHASE BANK
QUALILTYTIRE- REPAIR
$67.92
MESHEK & ASSOCIATES, P.L.C.
ENGINEERING SERVICES - MI
$2,007.50
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$11.98
UNITED STATES CELLULAR
PW MONTHLY CELL PHONE
$34.03
CORPORATION
JPMORGAN CHASE BANK
USGS NATIONAL CENTER MS 270
BIRD CREEK GAGE AGRMN
$4,300.00
0
STORMWATER- STORMWATER -Total
$9,220.58
STORMWATER MANAGEMENT
-Total
$69,233.68
34 VISION TAX
BKL INCORPORATED
ENGINEERING SERVICES - E
$1,150.00
96TH FROM 119TH TO 129TH -Total
$1,150.00
VISION TAX -Total
$1,150.00
37 SALES TAX FIRE
AEPIPSO
ELECTRIC USE
$6,051.40
AT &T
PHONE USE
$443.37
CONSOLIDATED FLEET SERVICES, INC
LADDER TESTING
$2,100.00
JPMORGAN CHASE BANK
5.11- REFUND
($85.00)
JPMORGAN CHASE BANK
5.11- UNIFORM
$170.85
JPMORGAN CHASE BANK
ACADEMY - UNIFORM
$247.55
JPMORGAN CHASE BANK
AKOSTAR- CHARGE BASE
$680.25
JPMORGAN CHASE BANK
AMAZON- UNIFORM
$69.99
JPMORGAN CHASE BANK
AMER WASTE -SVC FEE
$64.20
JPMORGAN CHASE BANK
CHEWY -K9 FOOD
$49.86
JPMORGAN CHASE BANK
CORE &MAIN -HYD KITS
$750.00
JPMORGAN CHASE BANK
CORNERSTONE -POWER STIR
$42.74
JPMORGAN CHASE BANK
EMTEC -PEST CONTROL
$395.00
JPMORGAN CHASE BANK
INDST SFTY -PARTS
$526.99
JPMORGAN CHASE BANK
LOWES -GRILL
$464.08
JPMORGAN CHASE BANK
LOWES- REPAIR
$180.96
JPMORGAN CHASE BANK
MAIL THIS - POSTAGE
$48.81
JPMORGAN CHASE BANK
NAFECO -BOOTS
$98.00
JPMORGAN CHASE BANK
NAFECO -PPE
$378.85
0
Claims List - 08/03/2021
Fund Vendor Name
Payable Description
Payment
Amount
37 SALES TAX FIRE JPMORGAN CHASE BANK
P &K -ROPE
$25.23
JPMORGAN CHASE BANK
PAYPAL -IAAI CONF
$200.00
JPMORGAN CHASE BANK
PIGEON MNTN- HELMET
$244.74
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$413.10
JPMORGAN CHASE BANK
SAV ON -SIGN
$100.00
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM
$149.98
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORMS
$374.95
JPMORGAN CHASE BANK
SUN SKI - UNIFORMS
$110.00
JPMORGAN CHASE BANK
TRACE ANLYTICS- SAMPLE
$1,088.87
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$5.92
JPMORGAN CHASE BANK
WALMART -TAPE
$5.83
JPMORGAN CHASE BANK
WPSG -PPE MASK
$35.73
TREASURER PETTY CASH
PARAMEDIC LIC- STUCKEY
$210.00
SALES TAX FUND -FIRE -Total
$15,642.25
SALES TAX FIRE -Total
$15,642.25
38 SALES TAX POLICE AEP IPSO
ELECTRIC USE
$5,989,49
AT &T
PHONE USE
$36.80
AT &T MOBILITY
PUBLIC SAFETY WIRELES
$136.08
DALE & LEES SERVICE INC
REPAIR
$774.00
JPMORGAN CHASE BANK
A- ONE - TRAINING
$750.00
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$756.03
JPMORGAN CHASE BANK
AMER WASTE- RENTAL
$110.98
JPMORGAN CHASE BANK
AT YR SVC- RENTAL
$60.00
JPMORGAN CHASE BANK
CORNERSTONE- SUPPLIES
$32.99
JPMORGAN CHASE BANK
EVENTBRITE - TRAINING
$219.59
JPMORGAN CHASE BANK
GALLS - UNIFORM
$342.64
JPMORGAN CHASE BANK
LODGING EXPENSE
$480.25
JPMORGAN CHASE BANK
NEWEGG- REFUND
($139.78)
JPMORGAN CHASE BANK
NEXTCARE- VACCINES
$300.00
JPMORGAN CHASE BANK
ROCIC -SVC FEE
$300.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$303.30
JPMORGAN CHASE BANK
SAVON -CARDS
$50.00
JPMORGAN CHASE BANK
SAVON -DOOR HANGERS
$165.00
JPMORGAN CHASE BANK
SIEGELS- UNIFORM ITEMS
$350.00
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM
$156.98
JPMORGAN CHASE BANK
SUMNERONE -LEASE
$530.43
JPMORGAN CHASE BANK
SUMNERONE- RENTAL
$141.58
JPMORGAN CHASE BANK
WALGREEN -PARTS
$13.99
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$17.31
MULLINS PLUMBING INC
REPAIR & MAINTENANCE
$270.66
MURRAY ELECTRICAL SERVICE, LLC
SERVICES
$320.00
7
Claims List - 08/0312021
Fund
Vendor Name
Payable Description
Payment
Amount
38 SALES TAX POLICE
PRECISION DELTA CORPORATION
FIREARMS
$8,390.70
SALES TAX FUND - POLICE • Total
$20,859.02
SALES TAX POLICE -Total
$20,859.02
39 SALES TAX STREETS
AEP /PSO
ELECTRIC USE
$1,828.73
BILLY BASORE
DIRT
$130.00
CINTAS CORPORATION
FIRST AID SUPPLIES
$40.63
JPMORGAN CHASE BANK
AMERIFLEX -PARTS
$161.95
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
$16.04
JPMORGAN CHASE BANK
CORE &MAIN -TAPE
$30.00
JPMORGAN CHASE BANK
LOWES -PLUG
$1.22
JPMORGAN CHASE BANK
LOWES- SEALANT
$150.48
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$103.02
JPMORGAN CHASE BANK
LOWES -TOOLS
$14.94
JPMORGAN CHASE BANK
LOWES -WHEEL
$31.98
JPMORGAN CHASE BANK
TULSA ASPHALT - ASPHALT
$480.48
SIGNALTEK ING
MONTHLY MAINT AGREEMENT-
$1,435.00
SPOK INC.
PAGER USE
$157.90
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
$199.22
WASHINGTON CO RURAL WATER
116 LANDSCAPE IRRIG
$134.92
DISTRICT
SALES TAX FUND-STREETS -Total
$4,916.51
SALES TAX STREETS
- Total
$4,916.51
40 CAPITAL IMPROVEMENTS
DOERNER, SAUNDERS, DANIEL &
LEGAL
$737.35
CI- GARNWID96TH -106TH -Total
$737.35
GARVER
ENGINEERING SERVICES - 10
$8,400.00
CIP 106 /129 INTERSECT IMP -Total
$8,400.00
DIVERSIFIED CIVIL CONTRACTORS LLC
CONSTRUCTION SERVICES - E
$341,521.02
DIVERSIFIED CIVIL CONTRACTORS LLC
E 106 ST N & N 145 E AVE
$74,243.68
CIP 106 1145TH INTERSECT -Total
$415,764.70
JPMORGAN CHASE BANK
WS DARLEY -MISC EQUIP
$1,142.00
CIP FIRE DEPT VEHICLES -Total
$1,142.00
CAPITAL IMPROVEMENTS
-Total
$426,044.05
68 OPWA TIF
CENTER FOR ECONOMIC DEVELOPMENT
LEGAL SERVICES
$1,725.00
ECON DEVTIF -Total
$1,725.00
OPWA TIF -Total
$1,725.00
70 CITY GARAGE
AEP /PSO
ELECTRIC USE
$493.84
JPMORGAN CHASE BANK
ALLDATA -SUB FEE
$1,500.00
JPMORGAN CHASE BANK
AMERIFLEX -PARTS
$61.85
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
$37.93
JPMORGAN CHASE BANK
JIM GLOVER -PARTS
$715.64
Claims List - 08/03/2021
Fund
Vendor Name
Payable Description
Payment
Amount
70 CITY GARAGE
JPMORGAN CHASE BANK
JIM NORTON -PARTS
$98.39
JPMORGAN CHASE BANK
LENOX- TOWING
$150.00
JPMORGAN CHASE BANK
NEW HOLLAND -PARTS
$27.00
JPMORGAN CHASE BANK
OREILY -PARTS
$11.44
JPMORGAN CHASE BANK
SPEEDYS- TOWING
$102.48
JPMORGAN CHASE BANK
UNITED FORD -PARTS
$36.64
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
$104.58
CITY GARAGE -Total
$3,339.79
CITY GARAGE -Total
$3,339.79
76 WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
$5,714.06
TREASURER PETTY CASH
VEHICLE TAG
$48.50
WORKERS' COMP SELF -INS -Total
$5,762.56
WORKERS' COMP SELF -INS
-Total
$5,762.56
City Grand Total
$690,151.54
TO: The Honorable Mayor and City Council
FROM: Earl Farris
Project Administrator
SUBJECT: Acceptance of Infrastructure Improvements at 11500 East 80th Street North
DATE: July 30, 2021
BACKGROUND:
The subject commercial property is located at 11500 East 80th Street North. Public infrastructure
improvements consist of 1,075 linear feet of 6" PVC water line and all appurtenances.
FINAL INSPECTIONS:
Final inspections for the infrastructure components were completed in July 2021, by the Public
Works Department. All standards for acceptance have been met. Additionally, the construction
contractor has supplied the necessary two -year maintenance bond and as -built drawings.
RECOMMENDATION:
Staff recommends acceptance of public infrastructure improvements consisting of a public
water line and all appurtenances at Attic Storage located at 11500 East 80th Street North.
ATTACHMENTS:
Location Map
City Attorney Approved Bond
Attic Storage
Location Map
07/22/2021
This map may represems a visual display of related geographic information. Data provided here on is not guaramee of acutual field conditions. To be sure of complete accuracy, please contact the
responsible staff for most up- todate information.
Farris, Earl
From:
Wingert Shellie
Sent:
Monday, July 12, 2021 11:31 AM
To:
Eaton, Steven; Lombardi, Julie
Cc:
Farris, Earl
Subject:
RE: Attic Storage
Steven,
I have reviewed the Waterline to serve Attic Storage maintenance bond at your request. The
attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the
amount of the bond is well within the surety's $1,596,000 underwriting limitation. Therefore, the
bond is approved.
Thank you,
Shellie
Shellie Wingert
Legal Department
City of Owasso
200 S. Main St
Owasso, OK 74055
918 - 376 -1548
swingert@cltyofowasso.com
From: Eaton, Steven
Sent: Monday, July 12, 202111:21 AM
To: Lombardi, Julie <1Lombardi @CityOfOwasso.com>
Cc: Farris, Earl <efarris @CityOfOwasso.com >; Wingert Shellie <swingert @cityofowasso.com>
Subject: Attic Storage
Ms. Lombardi,
I am sending a maintenance bond for review. Would you please reply with your findings.
Thank you,
Steven Eaton
City of Owasso
Infrastructure Inspector
seaton@citvofowasso.com
Phone 918 -272 -4959
Cell 918 -693 -3979
Maintenance Bond
PRIVATELY FINANCED PUBLIC IMPROVEMENTS
Bond No, 1022303
KNOW ALL MEN BY THESE PRESENTS, That we. Morton Excavating, LLC
as Principal (Developer and Contractor), and Oklahoma Surety Company as
Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of
Fifty -six Thousand Nine Hundred Seventy -seven & 001100 ($ 56,977.00 )
which payment will and truly to be made, we. do bind ourselves, and each of our heirs, executors,
administrators, successors, and assigns Jointly and severally, firmly by these presents.
WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of
TWO (2) year(s) after final approval of the Watarline to aarva Alar. Stomps 11Fnn FaM Path Siraat North, Owasso,
OK
a privately financed public improvement, and acceptance of such by the City Council of the City
of Owasso, against all defects in workmanship and materials which may become apparent in
such privately financed public improvement during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH that the Principal
and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of
any defective materials or workmanship in the privately financed public Improvement which
may become apparent during the said period.
SIGNED, SEALED, AND DATED: July e, 2021
Morton xcavatin , L Principal
BY: Oklahoma Suretv Co an Surety
BY: Attorney -in -Fact
CathyComb9
Attach Power of Attorney
OKLAHOMA SURETY COMPANY
1437 SOUTH BOULDER, SUITE 200 TULSA; OKLAHOMA 74119.918 -687 -7221 -FAX 9185884263
POWER OF ATTORNEY,
KNOW ALL MEN BY THESE PRESENTS: Thai the OKLAHOMA SURETY COMPANY , a corporation organized and existing under
and by,ylrfue of the laws of the Slate of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each IndlNdually If
more. than one Is named; Its INd, m!)aWful allorney- in•fool, for It end In Its name, place and steed to execute on behalf of the sold Company, as surely,
arty end all bonds, undettakings and contracts ofsurelyehip, orollierwrigen obilgatICI the.nature.thereof Travis E. Brown, Jamie
8ui: Cathy Combs, John Kelly Deer, Vaughn P. Graham, Vaughn Paul Graham, Jr., Mark Edward Long, Thomas
Perrault, Stephen M. Poteman and Mlohaef J, Swenton, all of TULSA, OK
COMPANY has caused these presents to be signed and attested by Its appropriate
May 2021,
OKLAHOMA SURETY COMPANY
Assistant VICE PRESIDENT
On this 10 of May' 2021 before me personally appeared TObD BAZATA to me known, being
duly sworn, deposes and says that erne resides In Broken Arrow, Oklahoma, that s /he is a Vice President of Oklahoma Surety Company, the company
described In and which executed the above Instrument; that s/he knows the seal of the sold Company; that the seal affixed to the said Instrument Is such
Orporala, seal; that If Was id.sffixed by eufhorlty of herlhis.tlffloa; under the By -Laws of sold Company, and that s/he signed his name thereto by like
STATE OF OKLAHOMACommission 1100825
COUNTY:OFTULSA My Co
Notary Public
"This Power of Atlofdey Wgrehled by outhority of the following resolutions adopted 6y the Board of Directors of Oklahoma surety Company
by unanimous written consent dated September 25, 2009,
RESOLVED;. ThaLIBa:Presldent, the Execugve.Vi.di President, the several Senior Vice Presidents and Vlce Presidents or any one of them,
be and hereby Is authorlked,+from lime 16-lime, to appoint one or more Atlorneya-In-Faot to execute on behalf of the Company, as surely, any and so
'bond*: Undertakings and conof surelyship, or olhet wrlhen obligations In the nature thereof; to prescribe their fespective dulles and the respective
limits of their authority; and to revoke any such appointment at any lime.
RESOLVED FURTHER: That the Company seat and the signature of arty of the aforesaid officers and any Secretary or Assistant Secretary of
"the Company may be affi>tedby faesfm118 to any power or attorney or oehlfioete of either given for the execulIon of any bond, undertaking, contract of
surolyshiq, or other written oWlya116n fn the nature lheraoL eucfi signature and seal when so used being hereby adopted by the Company as the original
signature of such olfioer and the original teal of the Company, to be valld'and binding upon the Company with the same force and affect as though
manually affixed.
uCERTIFICATION
SHARON HAL '' ABSlstantSecYetary of Oklahoma surety company, do hereby certify that the foregoing Power
of Attorney and the Resolutions of the Board of Directors of September 25, 2009 have not been reve, ea and al now in full force and affect.
Signed and
VOID IF BOX IS EMPTY
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this cerlificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PAODUCER
or Christine
Yount
Rich & Cartmlll, Inc.
2738 E. Gist Street, Suite 400
Tulsa, OK 74106
Ames. oyountr rOlns.com
INSURER(SIAFFOMMO COVERAGE
INSURER A; 011(0 Security Ins CO
24082
INSURED
INSURER- B.; 0-H 10 CASUALTY INS CO
24.074
Morton Excavating, LLC
INsueen C: American Fife & Casualty Company
24086
INSURER D:
0-OtERAL AGGREGATE___.
PRODUCTS - COMPIOPAOG
PO BOX 422
COwata. OK 74429 -
IN6UIIER E:
INBURER F:
AUTOMOBILELIABILITY
ANY AUTO
ZRONLY AVTOSOU
COVERAGES CFRTIFICATE NUMBER- REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TOWHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
paLICy NUMBER
POLICY EF
POCK EXP
LIMITS
TXGOMMERCIAL GENERAL LIABILITY
CLAIMS.MAaE )F OCCUR
BKS56706017
61112021
61112022
P B TTOftEITNED
s 1,000,000
S 16,000
PEASONAL&ADVINJURY
GENL AGGREGATE LIMIT APPUEPER:
POLICYU j� uLGC
OTHER:
0-OtERAL AGGREGATE___.
PRODUCTS - COMPIOPAOG
$210 0 010 0 0
S 2,000,000
AUTOMOBILELIABILITY
ANY AUTO
UMBRELLALIAB X OCCUR
EXCESS me -- CLAIMS -MADE
US066786017
6111p0211
01112022
EACHOCCURRENCE
5 3,0001000
AGGREGATE
S 3,000,OD0
CEO I X I RETENTIONS 10,005
WWORKFASCOMPENSATION
EMPLOYERS'
Equipment Floater
BM068677601
6/112021
61112022
ILIR Equip
600,000
OE60RIPTIDNOFOPEAATI ONSILOCATIONSIVEHICLE3( ACORDIOI .Addlitonal Remorkaachadola,m�ybeaxachadirmcres ealsrequlredl
Project Description and Location: Attic Storage (Waterline), 11500 East 80th Street North, Owasso, 0174056
The Oily of Owasso OK
200 S Main St.
Owasso, OK 74066
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 26 (2016103) 01888.2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
TO: The Honorable Mayor and City Council
FROM: Earl Farris
Project Administrator
SUBJECT: Acceptance of Infrastructure Improvements at Morrow Place Phase II
DATE: July 30, 2021
BACKGROUND:
The subject residential development is located on the southeast corner of North 129th East
Avenue and East 126th Street North. Public infrastructure includes asphalt roads, sidewalks,
stormwater and sanitary sewer system improvements,.
FINAL INSPECTIONS:
Final inspections for all infrastructure components were completed in July 2021, by the Public
Works Department. All standards for acceptance have been met. Additionally, the construction
contractor and design engineer have supplied the necessary two -year maintenance bonds and
required as -built drawings.
RECOMMENDATION:
Staff recommends acceptance of public infrastructure improvements consisting of roadways,
sidewalks, stormwater system and sanitary sewer system at Morrow Place Phase II, residential
subdivision, located on the southeast corner of North 129th East Avenue and East 1261h Street
North.
ATTACHMENTS:
Location Map
City Attorney bond approval letters and copy of bonds
Washington County Rural Water 3, Letter of approval
Morrow Place Phase II
Location Map
07/20/2021
This map may represems a conditions. To be sure of complete accuracy; please contact the
responsible staff for most -to -date information.
up
Eaton, Steven
From:
Lombardi, Julie
Sent:
Thursday, May 20, 2021 12:16 PM
To:
Eaton, Steven
Cc:
Farris, Earl
Subject:
RE: Morrow Phase 2
Gentlemen,
I have reviewed the following bonds for the Morrow Place Phase II development: Sanitary Sewer, Storm sewer and
Subgrade, Curb, Gutter, Asphalt Paving and Sod. The Attorney -in -Fact signatures are authorized, both sureties are
licensed to do business in the State of Oklahoma, and the amount of each bond is well within the respective surety's
underwriting limitation. Therefore, the three bonds are approved.
Julie Lombardi
jusse Trout Gom6ardz
City Attorney
City of Owasso
PO Box 180
200 S Main St
Owasso, OK 74055
Phone: 918- 376 -1511 Fax 918- 376 -1599
Email: glom bardi(citvofowasso.com
www. citvofowasso. co m
From: Eaton, Steven <seaton @CityOfOwasso.com>
Sent: Wednesday, May 19, 20214:21 PM
To: Lombardi, Julie <JLombardi @CityOfOwasso.com>
Cc: Farris, Earl <efarris @CityOfOwasso.com>
Subject: Morrow Phase 2
Ms. Lombardi,
I am sending a maintenance bond for review. Would you please reply with your findings.
Thank you,
Steven Eaton
City of Owasso
Infrastructure Inspector
Maintenance Bond
PRIVATELY FINANCED PUBLIC IMPROVEMENTS
Bond No: GR50748
KNOW ALL .MEN BY THESE PRESENTS, That we Developers Paving Company,
LLC, as Principal, and Granite Re, Tile. as Surety, are held and firmly bound unto the City
of Owasso, Oklahoma, as Obligee, in the penal shim of Two Hundred Ninety -Three
Thousand, Five Hundred Five Dollars and Eighty-Five Cents ($293,505.85) which
payment will and truly to be made, we do bind ourselves, and each of our heirs,
executors, administrators, successors, and assigns jointly and severally, firmly by these
presents.
WHEREAS, the Principal will famish a bond conditioned to guarantee, for the period of
TWO YEARS after final approval of the Storm Sewer to Morrow Place Phase II, a
privately financed public improvement, and acceptance of such by the City Council of the
City of Owasso, Oklahoma, against all defects in workmanship and materials which may
become apparent in such privately financed public improvement during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the
Principal turd /or Surety shall indemnify the Obligee for all loss that the Obligee may
sustain by reason of any defective materials or workmanship in the privately financed
public improvement which may become apparent during the said period.
SIGNED, SEALED, ATED: May 13, 2021
Developers Paving ompany, a.LC, cipal
BY:
BY Attorney -in -Fact
Attach Power of Attorney
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having Its principal office at the
City of OKLAHOMA CITY In the State of OKLAHOMA does hereby constitute and appoint:
BARRY L. HERRING; SHANNON NICHOLAS; VICKY JARVIS; CARLA CARTER; AMY LAMBERT; PAM SLATON; AUDREY MCCRAW; AMANDA J, SMITH- HUNTER
Its true and lawful Attorney -In- Facts) for the following purposes, to wit:
To sign Its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts
and things set forth In the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which Is hereto annexed and made a
part of this Power of Attorney; and the said GRANITE RE, INC. through us, Its Board of Directors, hereby ratifies and confirms all and whatsoever ,the
said:
BARRY L. HERRING; SHANNON NICHOLAS; VICKY JARVIS; CARLA CARTER; AMY LAMBERT; PAM SLATON; AUDREY MCCRAW; AMANDA J. SMITH- HUNTER
may lawfully do In the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this Instrument to be sealed with Its corporate seal, duly attested by the signatures
of Its President and Assistant Secretary, this 314 day ofJanuary, 2020.
a Di" Kenneth D. Whittin on, President
STATE OF OKLAHOMA ) -
) SS:
COUNTY OF OKLAHOMA) Kyle P. McDonald, Assistant Secretary
On this 39d day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P.
McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that
they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the
corporation described In and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed
to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed
their name thereto by like order as President and Assistant Secretary, respectively, of the Company.
yivt4My Commission Expires:
April 21, 2023
Commission $: 11003620
Notary Public
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the
following resolution Is a true and correct excerpt from the July 1 S. 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that
said Power of Attorney has not been revoked and Is now In full force and effect.
"RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to
appoint Individuals as attorneys -In -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and
surety bonds and other documents of similar character Issued by the Company In the course of Its business. On any Instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the Company,q ij:, ete)"dr ;a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided,
however, that the seal shah pot be pScea4ary tq the validity of any such Instrument or undertaking."
IN WITNESS WHEREOF, the unilersltjngd h, ubscrlbef this Certificate and affixed the corporate seal of the Corporation this
day Of Kyle P. McDonald, Assistant Secretary
Morrow Place Phase It
Storm Sewer
Description
Qty
Units
Unit Cost
Total Cost
Chemical Toilet, Serviced, Fiberglass
2
MO $ 129.29
$ 258.58
Type "A" Agg, Base at Road Crossings
320
TN
$ 30.45
$ 9,744.53
18" FIDPE (0 -200)
160
LF
$ 31.73
$ 5,077.15
30" HDPE (0 -300)
121
LF
$ 48,10
$ 5,820.32
36" HDPE (0 -300)
887
LF
$ 62.77
$ 55,673.76
42" HDPE (0 -300)
112
LF
$ 83.26
$ 9,324.90
18" RCP Class III (0 -300)
136
LF
$ 43.87
$ 5,966.08
24" RCP Class III (0 -300)
26
LF
$ 50.84
$ 1,321.91
30" RCP Class 111(0 -300)
104
LF
$ 63.43
$ 6,596.61
36" RCP Class III (0 -300)
120
LF
$ 76.31
$ 9,157.78
42" RCP Class 111(0 -300)
412
LF
$ 99.89
$ 41,153.00
5' Manhole Complete 0 -6'
6
EA
$ 4,095.18
$ 24,571,08
Des.2 C.I. Complete
1
EA
$3,682.78
$ 3,682.78
Des, 4C.1, Complete
1
EA
$ 5,868.44
$ 5,868.44
Des, 6 C.I. Complete
1
EA
$ 9,000.68
$ 9,000.68
Des. 7 C.I. Complete
1
EA
$ 9,974.31
$ 9,974.31
Des. 2 Curb Inlet w /AMH
1
EA
$ 6,529.34
$ 6,529,34
Des.3 Curb Inletw /AMH
1
EA
$ 7,969.82
$ 7,969.82
Des. 6 Curb Inlet w /AMH
3
EA
$ 10,705.76
$ 32,117.29
18" DBL AA4 End Section
2
EA
$ 4,747.41
$ 9,44,82
36" Single DD4 End Section
1
EA
$ 6,460.40
$ 6,460.40
42" DBL DD4 End Section
1
EA
$ 8,447.77
$ 8,447.77
Pond Spillway Structure
1
EA
$ 15,973.70
$ 15,973.70
12" Rip Rap 2' Deep w /Fabric
SO
SY
$ 66.42
$ 3,320.80
Total:
$ 293,505.85
Maintena nice Bond
PRIVATELY FINANCED PUBLIC IMPROVEMENTS
Bond No: GR50747
KNOW ALL, MEN BY THESE PRESENTS, That we Developers Paving Company,
LLC, as Principal, and Granite Re, Inc. as Surety, are held and firmly bound unto the City
of Owasso, Oklahoma, as Obligee, in the penal sum of Two Hundred Seventy -Six
Thousand, Two Hundred Eighty-Three Dollars and Twenty -Three Cents ($276,283,28)
which payment will and truly to be made, we do bind ourselves, and each of our heirs,
executors, administrators, successors, and assigns jointly and severally, firmly by these
presents.
WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of
TWO YEARS after final approval of the Sanitary Sewer to Morrow Plaice Phase 11, a
privately financed public improvement, and acceptance of such by the City Council of the
City of Owasso, Oklahoma, against all defects in workmanship and materials which may
become apparent in such privately financed public improvement during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the
Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may
sustain by reason of any defective materials or workmanship in the privately financed
public improvement which may become apparent during the said period.
SIGNED, SEALED, DA M: May 13, 2021
Developers Paving mpany, L C, Principal
BY: 71
Granite e, Inc., Surety
BY: Attorney -in -Fact
Amy Lambei'
Attach Power of Attorney
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents;
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having Its principal office at the
City of OKLAHOMA CITY In the State of OKLAHOMA does hereby constitute and appoint:
BARRY L. HERRING; SHANNON NICHOLAS; VICKYJARVIS; CARLA CARTER; AMY LAMBERT; PAM SLATON; AUDREY MCCRAW; AMANDA), SMITH- HUNTER
its true and lawful Attorney -In- Facts) for the following purposes, to wit:
To sign Its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts
and things set forth In the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which Is hereto annexed and made a
part of this Power of Attorney; and the said GRANITE RE, INC, through us, Its Board of Directors, hereby ratifies and confirms all and whatsoever the
said:
BARRY L. HERRING; SHANNON NICHOLAS; VICKYJARVIS; CARLA CARTER; AMY LAMBERT; PAM SLATON; AUDREY MCCRAW; AMANDA). SMITH- HUNTER
may lawfully do In the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this Instrument to be sealed with Its corporate seal, duly attested by the signatures
of Its President and Assistant Secretary, this 31a day ofJanuary, 2020.
Kenneth D. VJhlttin ton, President
STATE OF OKLAHOMA )
) SS:
COUNTY OF OKLAHOMA ) Kyle P. McDonald, Assistant Secretary
On this 31e day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC, Company and Kyle P.
McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that
they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the
corporation described In and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed
to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed
their name thereto by like order as President and Assistant Secretary, respectively, of the Company.
My Commission Expires:
April 21, 2023
Commission
Notary Public
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the
following resolution Is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that
said Power of Attorney has not been revoked and Is now In full force and effect.
"RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to
appoint Individuals as attorneys -In -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and
surety bonds and other documents of similar character Issued by the Company In the course of Its business. On any Instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the Company, the sgaliiorid,facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided,
however, that the seal shall notb,"necAsary; to'fhe validity of any such Instrument or undertaking."
I I ESS WHEREOF, the undersl'gned,haa- s'subscrlbed this Certificate and affixed the corporate seal of the Corporation this
day of,20 Kyle P. McDonald, Assistant Secretary
Morrow Place Phase II
Sanitary Sewer
Description
Qty
Units
Unit Cost
Total Cost
Chemical Tollet, Serviced, Fiberglass
2
MO
$ 125.97
$ 257..94
Type "A" Agg. Base at Road Crossings
585
TN
$ 31.06
$ 18,170.52
4" Service on 8" SDR 35
61
EA
$ 385.70
$ 23,527.56
4" Service on 10" SDR 35
14
EA
$ 564.94
$ 7,909.14
4" Service on 12" SDR 35
17
EA
$ 592.22
$ 10,067.66
8" Mix MJ Tee
4
EA
$ 381.94
$ 1,527.76
B" MJ 90 Bend
4
EA
$
265.47
$ 1,01.87
8" SDR -26 (0 -200)
669
LF
$ 26.54
$ 17,755.39
8" SDR -35 (0 -300)
2,054
LF
$ 19.35
$ 39,740.22
10" SDR 35 (0 -200)
722
LF
$ 27.92
$ 20,155.32
12" SDR -26 (0 -250)
659
LF
$ 31.56
$ 20,796.83
12" SDR 35 (0 -200)
1,165
LF
$ 31.75
$ 36,991.69
Connect to Existing Sewer
2
EA
$ 1,233.45
$ 2,466.89
4' Manhole Complete 0.6'
30
EA
$ 2,528.68
$ 75,860.48
Total:
$ 276,283.28
lWainteuance bond
PRIVATE,
Bond No: 1021407
ICNOW AL% MEN BY THESE PRESENTS, That we A & A Asohalt. Inc.
as Principal (Developer and Contractor), Mid-¢nntinent Casualty Company as
Surety, are held and firmly bound uxito the City of Owasso, Oldalioma, as Obligee, in the
Penal sum of Five Hundred Four Thousand Eight Hundred Sixty Two Dollars and Twenty Cents...
($504,862.20) to which payment will and ti4y to be made, we .do bind
ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly
and severally, fizldly by these presents.
WHEREAS, the Principal will furnish c bond conditioned to guarantee, for the period of
TWO YEAR final approval of the Morrow Place Phase II Stabilized Subarade, Curb & Gutter. Asppalt Paving and Sod
(Address , a privately financed
public improvement and acceptatice of such by the City Council of the City of Owasso,
01dahoma, against all defeots iu wGrkm = hip and materials which may beco]ne apparent
in such privately financed public improvement during said period,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUQH that the
Principal and/or Surety shall, indemnify the Obligee for all loss that %b Qbligee may
sustain by reason of any dofdctive materials or workmanship in tho privately financed
public improvement which may become apparent during the said period.
SIGNED, SEALED, AND DATED: February 4, 2021
attourey -in -Fact
CONTINENT CASUALTY COMPANY
1437 SOUTH BOULDER, SUITE 200 • TULSA, OKLAHOMA 74119 • 918 -507 -7221 • FAX 918 -580 -1253
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the MID- CONTINENT CASUALTY COMPANY, a corporation organized and existing under
and by virtue of the laws of the Slate of Ohio, does hereby nominate, constitute and appoint the parson or persons named below, each Individually If
more than one Is named, Its true end lawful allorney -In -fact, for It and In Its name, place and stead to execute an behalf of the said Company, as surely,
any and all bonds, undertakings and contracts of suretyship, or other written obligations In the nature thereof. Amanda Applegate, James
Beavers, Heather Bryson, Terry D. Cupp, Sharon Sappington, ICrlslie Thompson and Jamie Wilson, all of BROKEN
ARROW, OK
IN WITNESS WHEREOF, the MID- CONTINENT CASUALTY COMPANY has caused these presents to be signed and attested by Its
appropriate officers and Its corporate seal hereunto affixed this 03 day of September , 2020
ATTEST:
MID - CONTINENT CASUALTY COMPANY
T DD BAZATA VICE PRESIDENT
Calms 03day of September 2020 borers me personally appeared TODD 13AZATA , to me known, being
duly sworn, deposes and says that silts resides In Broken Arrow, Oklahoma, that s /he Is a Vice President of Mid - Continent Casually Company, the
company described In and which executed the above Instrument; that slhe knows the seal of the said Company; that the seal affixed to the said
Instrument is such corporate seal; that It was so affixed by authority of hodhis office under the By -Laws of said Company, and that s /he Signed his name
thereto by like authority
STATE OF OKLAHOMA
SS
COUNTY OF TULSA
Commission# 11008253
AN Notary Public
This Power of Allorney Is granted by authority of the following resolutions adopted by the Board of Directors of Mid - Continent Casually
Company by unanimous written consent dated September 25, 2099.
RESOLVED: That the President. the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them,
be and hereby Is authorized, from time to time, to appoint one or more Attorneys- in -Faot to execute on behalf of the Company, as surely, any and all
bonds, undertakings and contracts of suretyship, or other written obligations In the nature thereof; to prescribe their respective duties and the respective
limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Asslstanl Secretary of
the Company may be affixed by lacslmlle to any power of allorney or certificate of either given for the execution of any bond, undertaking, contract of
suretyship, or other written obligation In the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same faros and effect as though
manually affixed.
CERTIFICATION
SHARON HACKL Secretary or Mid - Continent Casualty Company, do hereby certify [[let the foregoing Power
or Attorney and the Resolutions of the Board of Directors of September 25, 2009 have not been revoked and are nop In full face and effect.
Signed and sealed this day of
VOID IF BOX IS EMPTY
CERTIFICATE OF LIABILITY INSURANCE
DATE 2/4/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, sub)act to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
The Arrow Group
Sharon Sappington
PNON u (918) 258 -6681 FAX NO. 4'661xss -Teas
sharon(larrow- group. cam
2720 North Hemlock Ct. Ste. A
COMMERCIALGENERALLIAOILITY
INSURER 5 ) AFFORDING COVERAGE NAIL 0
INSURERA:USI - Acadia Insurance Company
31325
Broken Arrow OK 74012
INSURED
INSURER B: COm Source Mutual Ins CO
31688
INSURERC;
CLAIMS-MADE XO OCCUR
Asphalt I
INSURERD:
P 0 BOX 1323
INSURER E:
D E$J T 0
I E s e
INSUREaPI
Broken Arrow OK 74013 -1323
nwcoAr_ec CCRTIGICATF M IIMRFR•CL20529097U4 KtV151UN NUMBER;
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT70 ALLTHE TERMS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T'YPEOFINSURANCE
OR
POLICY NUMBER
LIMITS
COMMERCIALGENERALLIAOILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS-MADE XO OCCUR
D E$J T 0
$ 100,000
MED EXP ono P6160n)
611/2020
6/1/2021
PERSONAL B MY INJURY
s 1,000,000
GEN'LAGGREGATE OMITAPPLIES PER
GENERALAGGREGATE
2,000,000
PRODUCTS - COMPIOPAGG
2,000,000
AUTOMOBILE LIABILITY
CO BIN NGLE LIMIT
Ea ortldenl
5 1,000,000
BODILY INJURY (Pet person)
ANYAUTO
AUTOSNEO SCHEDULED U
NON OWNED
AGGREGATE
6 2 000 000
A
EXCESS LIAR
I CWMS.MADE
DEB I X I RETENTION f 0
WORKERS COMPENSATION
X I SET ETH
f
cUA4790249
6/1/2020
611/2021
E.L. EACH ACCIDENT
f 1,000 000
H
AND EMPLOYERS'LIABILITY YIN
ANY PROPRIETORIPARTNERIFXECUTNE
OFFICERIMURNHf EXCLUDED' 14
NIA
03040340 20 1
6/1/2020
6/1/2021
E.L. DISEASE -EA EMPLOYEE
f 1,000,000
E.L gSFASE -PODGY LIMIT
f 1,000,000
Ifyyoa daaa4bo Wd.r
USdOPTION OF OPERATIONS belay
DESCRIPTION OF OPERATIONS) LOCATIONS f VEHICLES (ACORO t01, g0dlllonel Remerka 9chadule, may ho attached Ilmoro Beata b requlmtll
RE: Morrow Place Phase II
City of Owasso
200 S Main St
Owasso, OK 74055
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE BE LIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Heavers /SS
ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
A&A ASPHALT
P.O. Dox 1323 Broken Arrow, OK 74013-1323 phone: (918)486-1204— Fax (DSD) 486-1205
Janunry 18"', 2021
Cord Bugg
3+'K Commercial Construction, J,T.0
121508 901, St. N., Ste. 200
Owasso, OK 711055
Project — Morrow Place Ph 2
Dear Mr. Bugg,
A & A Asphalt's prices for this projcet are below as well as any inclusions /exclusions:
Description
Quantity
Unit
Unit Price
Extension
8 "Lime Stabilized Subgrade
(Iucluding Pine Grnding &curl)
13,476
Sy
$8.00
$107,Fi08.00
Bacicflll 2' behind BOC
6" Concrete Curb 84 Gutter (0.5"
Thick Gutter)(with Inlet
4,562
LT?
514,90
$67,973.80
Adjustments to Grade
6" Concrete Curb & Gutter (8"
Thick Gutter)(with Inlet
2,157
LP
$16.50
$35,590.50
Adjustments to Grade
4.5" Toe A Asphalt
6,503
SY
$14.80
$96,318.40
6`1 c A Asphalt
4,604
SY
$20.20
$93,000.80
2" Type B Insol As rhalt
11,112
SY
$8,10
$90,007.20
Concrete Valle' Guttcr
93
SY
$82.00
$7,626.00
Solid Slab Sodding (3.5' Behind
2,615
SY
$2.50
$6,537.50
Cw:)
Bonding
1
JS
$9,945.00
$9,945.00
I'otnl
$$514,807.20
IVD-h a0rlete
- Surveying, erosion coiltcol & testing ace excluded.
- tlsphnit price is based on the OD OT asphalt binder adjustment special provision. The
price will be adjusted per ODOT special provision 109- 7(a -b)99, when thane is a change of
+/-3% in the index ((auuary 202'1 Index is $370-00 /ton).
Please let me know if you have any qucstioas tegatding this quote.
Thank you,
Chris Sanders, PT;
Construction Ungincer
C: 918.688.9323
O: 918.486,1204
Rural Water District No. 3
Washington County, Oklahoma
17227 N. 12911 E. Ave., P.O. Box 70, Collinsville, OK 74021 -0070
Ph. (918) 371 -2055 a Fax (918) 371 -3864 • TRS 711
July 21, 2021
City of Owasso
Attn: Mr. Earl Farris, Project Administrator
PO Box 180
Owasso, Olc. 74055
FAX 918- 272 -4996
efarris@cotyofowasso.com
Dear Sirs:
The water line infrastructure in Morrow Place Phase H has been tested and meets all
Requirements for acceptance by Washington Co. Rural Water District 43.
Sincerely,
Chad Pennington
Field Supervisor
In accordance with Federal law and U.S. Department of Agriculture policy, this Institution Is prohibited from discriminating on the basis of race, color,
national origin, age, disability, religion, sex, and familial status. (Not all prohibited bases apply to all programs).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.G., 20250 -9410
or call (800) 795 -3272 (voice) or (202) 720 -6382 (TDD).
TO: The Owasso City Council
FROM: Bill Bush, Mayor
SUBJECT: Planning Commission Citizen Appointment
DATE: July 30, 2021
BACKGROUND:
Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City
of Owasso, the City Council has established ordinances that provide, generally, for the Mayor to
appoint members to various boards, commissions, trusts, and committees; such appointments
are subject to confirmation by the City Council. Additionally, the City Council has established
the some procedure, by precedent, for those appointments not specifically addressed by
ordinance.
A vacancy has been declared on the Planning Commission following the, resignation of Abhijeet
Utturkar.
It is, therefore, the purpose of this memorandum to recommend for City Council confirmation
the appointment of Jeri Moberly to fill the remainder of the vacated term to expire on June 30,
2024.
TO: The Honorable Mayor and City Council
FROM: Deputy Chief Jason Woodruff
SUBJECT:Axon Body Camera Purchase
DATE: July 30, 2021
In 2011, the Owasso Police Department made the decision to be one of the first law
enforcement agencies in the area to purchase a body -worn camera system for individual
officers to wear while working in the community. The department used the VIEVU camera
system with great success from 2011 to 2020; however, VIEVU was discontinued, requiring the
acquisition of a new body -worn camera system. After extensive research and testing, Axon
Enterprise, Inc., was the only company that met all the requirements of the Owasso Police
Department. On October 20, 2020, City Council approved the sole source purchase of sixty -five
Axon body worn cameras using a five -year pay option for a total of $455,225.60.
The Axon cameras are now in use and the system has performed well. However, since the
original purchase agreement was executed, staffing at the Owasso Police Department has
increased and the need has arisen to expand the program to Animal Control and Reserve
Officers. This necessitates the purchase of nine additional cameras, data storage, and user
licenses, which were not included in the original purchase agreement.
Axon provided a quote, which included the nine cameras, related hardware, software, and
unlimited data storage for a total price of $65,409.30. Six of the cameras would be allocated to
the Owasso Police Department and three would be assigned to Animal Control. As with the
original purchase, the additions to the system would be purchased using a five -year pay option,
with a first -year payment of $18,753.30, and four subsequent annual payments of $11,664.00. This
payment contract includes a no- penalty clause in the event that City Council does not approve
any of the next annual payments.
SOLE SOURCE PURCHASING:
The Code of Ordinances for the City of Owasso does not require competitive bidding if the
supplies, materials, equipment, or contractual services can only be furnished by a single dealer,
or which have a uniform price wherever bought. This provision within City Ordinance is
commonly referred to as "sole source" purchasing. The Axon system is currently in use by the
Owasso Police Department, which would require that any additional cameras be compatible
with that system.
FUNDING:
The year -one payment for the nine Axon body cameras is $18,753.30. These funds are available
in the current Sales Tax Police Services Budget and the Animal Control Budget.
RECOMMENDATION:
Staff recommends authorization for the sole source purchase of nine Axon body cameras
through Axon Enterprise, Inc., of Scottsdale, Arizona, in the amount of $65,409.30 of which
$18,75330 will be paid in Fiscal Year 2022, and subsequent payments for Fiscal Year 2023
through Fiscal Year 2026 are contingent upon the annual appropriations by the City Council.
Body Camera Purchase
Page 2
ATTACHMENT:
Purchase Agreements
AXON
Discounts (uso)
Quote Expiration: 1 2/1 512 02 0
List Amount
24,245.10
Discounts
1,044.00
Total
23,201.10
'Total excludes applicable taxes
Summary of Payments
Payment
Amount (USD)
Year 1
7,649.10
Year 2
3,888.00
Year 3
3,888.00
Year 4
3,888.00
Year 5
3,888.00
Grand Total
23,201.10
Q- 27677544155.663KP
4
Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
Phone: (800) 978 -2737
SHIP TO
Tracy Townsend
Owasso Police Dept. - OK
111 N Main St
Owasso, OK 74055
US
BILL TO
Owasso Police Dept. - OK
111 N Main St
Owasso, OK 74055
US
Year
3
Item
Description
Axon Plans & Packages
73746
PROFESSIONAL EVIDENCE. COM LICENSE
3
EVIDENCE.COM UNLIMITED AXON DEVICE
73686
0.00
STORAGE
73683
10 GB EVIDENCE.COM A -LA -CART STORAGE
73680
RESPOND DEVICE PLUS LICENSE
Hardware
58
73202
AXON BODY 3 - NA10
0.00
MAGNET MOUNT, FLEXIBLE, AXON
74020
6
RAPIDLOCK
11534
USB -C to USB -A CABLE FOR A63 OR FLEX 2
Other
8
0.00
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
6
PAYMENT
0.001
UNLIMITED EVIDENCE.COM TAP BUNDLE
73843
TRUE UP PAYMENT YEAR 1
73666
RESPOND DEVICE PLUS PAYMENT
Q- 276775- 44155.663KP
y Quote Expiration: 12/1512020
Payment Terms: Net 30
Delivery Method: Fedex - Ground
Contract Number: 00032972
SALES REPRESENTATIVE
Kyle Panasewicz
Phone: (480) 905 -2071
Email: kylep @axon.com
Fax: (480) 905-2071
PRIMARY CONTACT
Tracy Townsend
Phone: (918) 376-1569
Email: ttomsend @cityofowasso.com
Tenn quantity List Unit Net Unit Price Total (USD)
(Months) Price
58
3
0.00
0.00
0.00
58
3
0.00
0.00
0.00
58
12
0.00
0.00
0.00
58
3
0.00
0.00
0.00
6
699.00
699.001,
4,194.00
8
0.00
0.00
0.00
6
0.00
0.001
0.00
10
3
890.00
890.00
2,670.00
2
3
71.70
71.701
215.10
10
3
250.00
190.001
570,00
1
Year 1 (Continued)
Item Description
other (Continued)
73827 AB3 CAMERA TAP WARRANTY
Year
0.00
Item
Description
Other
3,888.00
73666
RESPOND DEVICE PLUS PAYMENT
Estimated Tax
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
PAYMENT
Year
0.00
Item
Description
Other
3,888.00
73666
RESPOND DEVICE PLUS PAYMENT
Estimated Tax
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
PAYMENT
73309
AXON CAMERA REFRESH ONE
Year 4
0.00
Item
Description
Other
3,888.00
73666
RESPOND DEVICE PLUS PAYMENT
Estimated Tax
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
PAYMENT
Term Quantity List Unit Net Unit Price To (USD)
(Months) Price
58 6 0.00 0.00'
0.00
Subtotal(
7,649.10
Estimated':
3,888.00
Shipping,
0.00
Estimated Tax
0.00
Total;
7,649.10
Term
(Months) Quantity Lisst Unit Net Unit Price Total (USD)
12 3 300.00 228.001
684.00
12 3 1,068.00 1,068.00
3,204.00
Subtotal
3,888.00
Estimated Tax.
0.00
Total I 3,888.00
Term
Quantity
List Unit
Net Unit Price
Total (USD)
(Months)
Price
12
3
300.00
228.001
684.00
12
3
1,068.00
1,068.00
3,204.00
3
0.00
O.00I
0.00
Subtotal]
3,888.00
Estimated Tax
0.00
Total; 3,888.00
Term
Quantity
LlPricelt
Net Unit Price
Total (USD)
(Months)
12
3
300.00
228.001
684.00
12
3
1,068.00
1,068.00
3,204.00
Subtotal,
3,888.00
Estimated Tax'
0.00
Total I 3,888.00
2
Year 5
Item
Description
Term
Quantity
UiPrice
Net Unit Price
Total (USD)
(Months)
Other
73666
RESPOND DEVICE PLUS PAYMENT
12
3
300.00
228.00!
684.00
73842
UNLIMITED EVIDENCE.COM TAP BUNDLE
12
3
1,068.00
1,068.00
3,204.00
PAYMENT
73310
AXON CAMERA REFRESH TWO
3
0.00
0.00!
0.00
Subtotal(
3,886.00
Estimated Tax
0.00
Total I 3,888.00
Grand Total! 23,201.10
0- 276775-44156.663KP
3
Notes
This quote is co- termed with quote Q- 254901 (executed contract #32972). Year one has been pro-raled to 10 months to align with agency annual billing dales, This has been
done according to an anticipated ship date range or 12115/2020 - 1213112020. The end date of these subscriptions is subject to change if the ship /start date changes,
Tax is subject to change at order processing with valid exemption.
Axon's Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement
(posted at y6nK.axon.com/le-qal/sates--terms-and-cOnditiOns), as well as the attached Statement of Work (SOW) for Axon Fleet andlor Axon Interview
Room purchase, if applicable. Any purchase order issued In response to this Quote is subject solely to the above referenced terms and conditions. By
signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the
company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not
have this authority, please do not sign this Quote.
Signature:
Date:
Name (Print): Title:
PO# (Or write
NIA):
Please sign and email to Kyle Panasewicz at kylep @axon.com or fax to (480) 905 -2071
Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buv axon.com
The trademarks referenced above are the property of their respective owners.
*"`Axon Internal Use Ont
SFDC Contract #:
Order Type:
RMA #:
Address Used:
SOM
Review
Review2
Comments:
6
AXON
Discounts (Uso)
Quote Expiration: 17/15/2020
List Amount
44,296.20
Discounts
2,088.00
Total
42,208.20
"Total excludes applicable taxes
Summary of Payments
Payment
Amount (USD)
Year 1
11,104.20
Year
7,776.00
Year 3
7,776.00
Year 4
7,776.00
Year
7,776.00
Grand Total
42,208.20
Q- 276768- 44155.661KP
4
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United Statat es
Phone: (800) 978 -2737
SHIP TO
Tracy Townsend
Owasso Police Dept. - OK
111 N Main St
Owasso, OK 74055
US
BILL TO
Owasso Police Dept. - OK
111 N Main St
Owasso, OK 74055
US
Year
6
Item
Description
Axon Plans
& Packages
73746
PROFESSIONAL EVIDENCE.COM LICENSE
0.00
EVIDENCE.COM UNLIMITED AXON DEVICE
73686
24
0.00
STORAGE
73683
10 GB EVIDENCE.COM A -LA -CART STORAGE
73680
RESPOND DEVICE PLUS LICENSE
Hardware
0.00
73202
AXON BODY 3 - NA10
699.00
MAGNET MOUNT, FLEXIBLE, AXON
74020
RAPIDLOCK
11534
USB -C to USB -A CABLE FOR AB3 OR FLEX 2
Other
0.001
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
PAYMENT
0.00
UNLIMITED EVIDENCE.COM TAP BUNDLE
73843
TRUE UP PAYMENT YEAR 1
73666
RESPOND DEVICE PLUS PAYMENT
Q- 276768- 44155.661KP
7 Quote Expiration: 12/15/2020
Payment Terms: Net 30
Delivery Method: Fedex - Ground
Contract Number: 00032972
SALES REPRESENTATIVE
Kyle Panasewicz
Phone: (480) 905 -2071
Email: kyiep @axon.com
Fax: (480) 905 -2071
PRIMARY CONTACT
Tracy Townsend
Phone: (918) 376 -1569
Email: Itownsend @cityofowasso.com
Term (Months) Quantity LiPri Unit Net Unit Price Total (USD)
58
6
0.00
0.00:
0.00
58
6
0.00
0.00
0.00
58
24
0.00
0.00
0.00
58
6
0.00
0.001
0.00
6
699.00
699.00
4,194.00
11
0.00
0.001
0.00
6
0.00
0.001
0.00
10
6
890.00
890.00
5,340.00
2
6
71.70
71701
430.20
10
6
250.00
190.00
1,140.00
0- 27676844156.661KP
1
Year I(Continued)
Item Description
Other (Continued)
73827 A133 CAMERA TAP WARRANTY
Year
228.00
Item
Description
Other
6,408.00
73666
RESPOND DEVICE PLUS PAYMENT
0.00
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
PAYMENT
Year
228.00
Item
Description
Other
6,408.00
73666
RESPOND DEVICE PLUS PAYMENT
0.00
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
PAYMENT
73309
AXON CAMERA REFRESH ONE
Year
228.00
Item
Description
Other
6,408.00
73666
RESPOND DEVICE PLUS PAYMENT
0.00
UNLIMITED EVIDENCE.COM TAP BUNDLE
73842
PAYMENT
Term
(M nths) Quantity LlPrice't Net Unit Price Total (USD)
58 6 0.00 0.00: 0.00
Subtotal 11,10420
Estimated', 0.00
Shipping '...
Estimated Tax 0.00
Total 11,104.20
Term
(Mon hs) Quantity LiPrice d Net Unit Price Total (USO)
12 6 300.00 228.00 1,368.00
12 6 1,068.00 1,068.00! 6,408.00
Subtotals 7,776.00
Estimated Tax, 0.00
Total' 7,776.00
Term Quantity List Unit Net Unit Price Total (USD)
(Months) Price
12
12
Tenn
(Months)
12
12
6 300.00
228.00
1,368.00
6 1,068.00
1,068.00
6,408.00
6 0.00
0.00
0.00
Subtotal;
7,776.00
Estimated Tax
0.00
Total] 7,776.00
Quantity List Unit Net Unit Price Total (USD)
Price
6 300.00 228.001 1,368.00
6 1,068.00 1,068.001 6,408.00
Subtotal
Estimated Tax
Total
0- 276768-44155.661KP
2
7,776.00
0.00
7,776.00
Year 5
Item
Description
Quantity
List U It
Net Unit Price
Total (USD)
(Months)
Other
73666
RESPOND DEVICE PLUS PAYMENT
12
6
300.00
228.001
1,368.00
73842
UNLIMITED EVIDENCE.COM TAP BUNDLE
12
6
1,068.00
1,068.00
61408.00
PAYMENT
73310
AXON CAMERA REFRESH TWO
6
0.00
0.00!
0.00
Subtotal!
7,776.00
Estimated Tax.'
0.00
Total 1
7,776.00
0.27676"155.661KP
3
Grand Total! 42,208.20
Notes
This quote is co - termed with quote 0- 254981 (executed contract #32972). year one has been pro-rated to 10 months to align with agency annual billing dates. This has been
done according to an anticipated ship date range of 1211512020- 12/31/2020. The end date of these subscriptions is subject to change if the ship /start date changes.
Tax is subject to change at order processing with valid exemption.
Axon's Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement
(posted at wvw.axon.comllegal /sales- terms- and - conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and /or Axon Interview
Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By
signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the
company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not
have this authority, please do not sign this Quote.
Signature:
Name (Print):
PO# (Or write
N /A):
Date:
Title:
Please sign and email to Kyle Panasewicz at kylep @axon.com or fax to (480) 905 -2071
Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buv.axon.com
The trademarks referenced above are the property of their respective owners.
"Axon Internal Use Only"'
SFDC Contract #:
Order Type:
RMA #:
Address Used:
SO
Reviewt
Review2
Comments:
Q-276768+44155.661KP
5
TO: The Honorable Mayor and City Council
FROM: Daniel Dearing, P.E., CFM
Assistant City Engineer
SUBJECT: Recommendation for Contract Award - FY 2020 -2021 Pavement Striping Project
DATE: July 30, 2021
BACKGROUND:
Staff prepared the contract document, specifications, and plans for pavement striping on the
East Service Road from East 86 +h Street North to East 961h Street North and a small portion of
roadway on North 137th East Avenue, just south of Highway 20.
With this year's project, specifications were added that mimic Oklahoma Department of
Transportation (ODOT) specifications to provide quality control testing for striping material during
and after installation. As established with ODOT specifications, this project includes tiered test
result limits that can result in reduced payment amounts or material replacement altogether.
Also, an emphasis included in this project is a different striping removal method (including the
requirement to repair any pavement joints damaged) that should result in less scarring and
damage on the concrete roadway surface. This removal method was used successfully on the
past year's project. Differing from previous year's projects, no bike lanes are proposed on the
project as the existing lane widths do not allow for the addition of bike lanes.
SOLICITATION OF BIDS:
In accordance with the Oklahoma Competitive Bidding Act, the notice to bidders was
published in the Tulsa World on Friday, June 25, 2021, and Friday, July 2, 2021. In addition,
multiple vendors and plan houses were notified of the bid opportunity. The bid opening
occurred on July 22, 2021, with three contractors submitting a bid. A summary of the bid results is
as follows:
BIDDER
Bid
Direct Traffic Control, Inc.
$56,554.20
Action Safety Supply Co, LLC
$60,000.00
RoadSafe Traffic System, Inc.
$120,475.86
City staff completed the bid evaluation, and determined that Direct Traffic Control, Inc., met the
bid requirements and is a competent, qualified, responsible bidder. All bids included a pre-
established amount of $10,000.00 in project allowance, to be used only at the City's discretion,
for any unforeseen costs or potential overrun on quantities.
FUNDING:
Funding is available in the Streets Division Budget.
Pavement Striping
Page 2
RECOMMENDATION:
Staff recommends awarding the construction bid to Direct Traffic Control, Inc., of Muskogee,
Oklahoma, in the amount of $56,554.20, and authorization to execute the necessary documents.
ATTACHMENTS:
Pavement Striping Project Map
Agreement
PRIME
CITY OF OWASSO
200 So. Main Street
Owasso, OK 74055
918.376.1500
SECTION 00300
AGREEMENT
THIS AGREEMENT is dated as of the 3rd day of August, 2021, by and between Direct Traffic
Control, Inc., (hereinafter called OWNER) and The City of Owasso (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:
Pavement Striping Project
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:
Furnishing equipment and materials for removal of remaining striping and the striping as
specified, using thermoplastic pavement marking, along an east service road (approx. 1.4 miles)
from 86'h Street to 96i1' Street and a small portion of an east service road (approx. 330 ) just
south of 116'h Street as specified or indicated in the Drawings and Contract Documents.
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 Thirty (30) calendar days from the
date of Notice to Proceed; and completed and ready for final payment in accordance with the
General Conditions within Forty -Five (45) calendar days from the date of Notice to Proceed,
which will be on or before
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
0621 00300 - Page I 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.
4.3 CONTRACT AMOUNT: Contract amount is Fifty -Six Thousand, Five Hundred
Fifty -Four Dollars and 20/100 ($56,554.20).
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 95% 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 97.5%
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.
AGREEMENT
0621 00300 — Page 2 of 15
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with the General Conditions, OWNER shall pay the Contract Price.
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
carefidy 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 fiunishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents.
63 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
0621 00300 —Page 3 of 15
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.
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 15 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).
0621 00300 — Page 4 of 15
7.11 Performance Bond (Section 00410).
7.12 Maintenance Bond (Section 00420).
7.13 Statutory payment Bond (Section 00430).
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 12, inclusive, and Standard Drawings.
7.21 Addendum Numbers 0 to 0, inclusive.
7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages I to 1
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
Doctunents 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.
AGREEMENT
0621 00300— Page 5 of 15
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.
IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate.
One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All
portions of the Contract Documents have been signed by OWNER and CONTRACTOR.
This Agreement will be effective on August 3`a, 2021.
OWNER:
By
(SEAL)
ATTEST:
Title
Address for giving notices:
CONTRACTOR:
By
(SEAL)
Title
0621 00300 —Page 6 of 15
TO: The Honorable Mayor and City Council
FROM: Christopher A. Garrett
Assistant City Manager
SUBJECT: Master Equity Lease Agreement with Enterprise Fleet Management, Inc.
DATE: July 30, 2021
BACKGROUND:
Over the last two years, staff has been researching the potential benefit(s) of leasing fleet
vehicles instead of purchasing. Findings indicate that leasing vehicles provides a more reliable
fleet and a long -term cost savings when equity is reinvested.
Staff has been in discussions with Enterprise Fleet Management, Inc. regarding a proposal to
move the City's fleet of sedans and pickup trucks to a capital leasing program. This program
would place sedans and pickup trucks on individual four -year leases. As proposed, at the end
of the leases, the vehicles would be sold by Enterprise, and the City would have the option to
reinvest any equity back into the program to reduce the cost of future leased vehicles.
Staff and a representative from Enterprise Fleet Management, Inc. introduced the proposal
during the April 2021, City Council Worksession meeting. In that presentation, staff advised City
Council that the City's fleet inventory includes thirty vehicles (sedans and pickup trucks) that
were more than ten years old, as well as staff's intent to propose replacing these vehicles
through the leasing program in FY 2022. A list of the vehicles in need of replacing and the
proposed leased vehicles is attached.
LEASE AGREEMENT:
The Master Equity Lease Agreement establishes the business relationship between the City and
Enterprise Fleet Management, Inc., which, if approved, allows staff to initiate capital leasing
arrangements for each of the thirty vehicles proposed as part of the FY 2022 Budget. To move
forward, staff is seeking City Council approval to enter into an agreement with Enterprise Fleet
Management, Inc. to begin leasing fleet vehicles as soon as August 2021. The Master Equity
Lease Agreement, in its final form, has been reviewed and approved by the City Attorney, and a
copy of the agreement is attached for review.
RECOMMENDATION:
Staff recommends approval of the Master Equity Lease Agreement between the City of Owasso
and Enterprise Fleet Management, Inc., of Clayton, Missouri, for the purpose of leasing City
vehicles, and authorization for the Mayor to execute the agreement.
FY 2022 List of Lease and Retire Vehicles
Copy of Master Equity Lease Agreement
Department
Lease
Retire
Ram 1500 4X4 Ext. Cab Pickup
2010 Crown Vic
Animal Control
Ram 1500 4X4 Ext. Cab Pickup
City Garage
2002 Chevy 1500
Ram 1500 4X4 Crew Cab Pickup
1999 Ford F1S0
Community Development
Chevy Equinox SUV
2004 Jeep Liberty
Ram 1500 4X4 Crew Cab Pickup
2005 Chevy Trailblazer
Engineering
Ram 15004X4 Crew Cab Pickup
2007 Chevy 1500
Ram 1500 4X4 Crew Cab Pickup
2008 Chevy 2500
Finance
Nissan Sentra
2007 Toyota Prius
Fire
Ram 1500 4x4 Crew Cab Pickup
2008 Chevy Tahoe
Golf Maintenance
Ram 1500 4X4 EM. Cab Pickup
1992 Ford F150
Information Technology
Chevy Malibu
2000 Jeep Cherokee
Managerial
Nissan Altima
2007 Toyota Camry
Ram 2500 4X4 Crew Cab Pickup
1992 Chevy 1500
Ram 25004X4 Crew Cab Pickup
1992 Ford F150
Ram 1500 4X4 Ext. Cab Pickup
1997 Ford FS50
Parks /Recreation and Culture
Ram 1500 4X4 Ext. Cab Pickup
1998 Chevy S -10
Ram 15004X4 Ext. Cab Pickup
2002 Chevy 1500
2005 Chevy 1500
Chevy Equinox SUV
2004 Chevy Tahoe
Chevy Equinox SUV
Police
Chevy Malibu
Chevy Malibu
Ram 1500 4X4 Crew Cab Pickup
Refuse
Ram 2500 4X4 Crew Cab Pickup
2009 Ford F250
1998 Chevy 2500
Ram 2500 4X4 Crew Cab Pickup
1998 Chevy 2500
Storm Water
Ram 2500 4X4 Crew Cab Pickup
2006 Dodge QST ( ?)
Ram 1500 4X4 Crew Cab Pickup
2008 Ford F250
Streets
Ram 2500 4X4 Crew Cab Pickup
2005 GMC 2500
Chevy Traverse SUV
2005 Ford Expedition
Support Services
Chevy Equinox SUV
2004 Chevy Tahoe
Wastewater
1995 Ford F250
Ram 1500 4X4 Crew Cab Pickup
2008 GMC Canyon
Water
2009 Dodge Dakota
Pool /Shared vehicle
New to Fleet
FLEET MANAGEMENT
MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this day of August, 2021, by and between Enterprise FM Trust, a Delaware statutory trust
( "Lessor'), and the lessee whose name and address is set forth on the signature page below ( "Lessee ").
1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle' and
collectively, the "Vehicles ") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ( "Schadule(s)') for the rentals
and on the terms set forth in this Agreement and in the applicable Schedule. References to this "Agreement* shall include this Master Equity Lease
Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each
Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and
the monthly rental and other payments due with respect to the Vehicle. The terns contained in each such Schedule will be binding on Lessee unless
Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole
legal owner of each Vehicle. This Agreement Is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the
Vehicles as described In this Agreement. This Agreement shall be treated as a true lease for federal and applicable stale Income tax purposes with
Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof
(together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of
Lessor and may perform the service functions herein provided to be performed by Lessor.
2. TERM: The term of this Agreement ('Term ") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the 'Delivery Date ") and,
unless terminated eadler in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule.
3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will
be in the amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount
identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet
Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the
first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to
pay Lessor a pro -rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each
monthly rental payment, being the amount designated as "Depreclation Reserve" on the applicable Schedule, will be considered as a reserve for
depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c).
Lessee agrees to pay Lessor the 'Total Initial Charges" set forth In each Schedule on the due date of the first monthly rental payment under such
Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applicable Tenn
(whether by reason of expiration, early termination or otherwise).
(b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Tam, whether as a result of a default by Lessee, a Casualty
Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the
adjusted amount will be payable by Lessee to Lessor an the termination date.
(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Tenn for each Vehicle, additional rent equal to the excess, if any, of the
Book Value of such Vehicle over the greater of (1) the wholesale value of such Vehicle as determined by Lessor in good faith or (it) except as provided
below, twenty percent (20 %) of the Delivered Price of such Vehlcle as set forth in the applicable Schedule. If the Book Value of such Vehicle Is less than
the greater of (1) the wholesale value of such Vehicle as determined by Lessor in good faith or (li) except as provided below, twenty percent (20 %) of the
Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment
within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, If (1) the Tenn for a Vehicle is greater than forty -eight (48)
months (including any extension of the Term for such Vehicle), (11) the mileage on a Vehicle at the end of the Tenn is greater than 15,000 miles per year
on average (prorated on a daily basis) (i.e., If the mileage on a Vehicle with a Tenn of thirty-six (36) months is greater than 45,000 miles) or (iii) in the
sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations descnbed in the two
Immediately preceding sentences shall be made without giving effect to clause (ti) In each such sentence. The "Book Value" of a Vehicle means the sum
of (I) the 'Delivered Price" of the Vehicle as set forth In the applicable Schedule minus (0) the total Depreciation Reserve paid by Lessee to Lessor with
respect to such Vehlcle I�us (III) all accrued and unpaid rent and /or other amounts owed by Lessee with respect to such Vehicle.
(d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any
losses and /or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and /or to any other amounts then owed by
Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which Is not paid within twenty (20) days after its due dale will accrue Interest,
payable on demand of Lessor, from the date due until paid In full at a rate per annum equal to the lesser of (i) Eighteen Percent (18 %) per annum or (II)
the highest rate permitted by applicable law (the "Default Rate ").
(f) If Lessee falls to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor,
Servicer or any other agent of Lessor may, at Its option, pay such amounts or perform such covenants and all sums paid or Incurred by Lessor in
connection therewith will be repayable by Lessee to Lessor upon demand together with Interest thereon at the Default Rate.
(g) Lessees obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments
shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any
Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the
cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management,
Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under
this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement.
4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and Insured drivers to use and operate the Vehicles.
Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all
insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and
encumbrances. Lessee agrees that In no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any
Illegal purpose or to pull trailers that exceed the manufacturers trailer towing recommendations. Lessee agrees that no Vehicle is Intended to be or will
be utilized as a "school bus" as defined In the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not
to remove any Vehicle from the continental United States without first obtaining Lessors written consent. At the expiration or earlier lamination of this
Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such
Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to
Lessor as and when required In accordance with this Section. Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro -rated
daily rent Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as
required hereunder.
S. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other
than federal and stale Income taxes on the Income of Lessor) Incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or
operation of the Vehicles during the Tenn. If Lessor, Servicer or any other agent of Lessor Incurs any such costs or expenses, Lessee agrees to
promptly reimburse Lessor for the same.
6. LICENSE AND CHARGES: Each Vehicle wilt be tilled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges
relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an Initial
charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade -in, exchange allowance or other credit
attributable to any Lessorvwned vehicle.
7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates,
permits, Inspections and /or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's
expense. The parties agree to cooperate and to furnish any and all Information or documentation, which may be reasonably necessary for compliance
with the provisions of this Section or any federal, stale or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be
located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become
subject to the titling and/or registration laws of such other stale.
8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at Its expense, to (I) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all
manufacturer's Instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required
for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement Paris or improvements to a Vehicle will become and
remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing,
so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment Installed by Lessee on a
Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in
no instance be regarded as rent. Without the prior written consent of Lessor, Lessee wit not make any alterations, additions, replacement parts or
improvements to any Vehicle which detract from Its economic value or functional utility. Lessor will not be required to make any repairs or replacements
of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any
Vehicle or this Agreement,
(b) Lessor and Lessee acknowledge and agree that If Section 4 of a Schedule includes a charge for maintenance, (I) the Vehicle(s) covered by
such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no
liability or responsibility for any failure of Enterprise Fleet Management, Inc, to perform any of its obligations thereunder or to pay or reimburse Lessee
for its payment of any costs and expenses incurred In connection with the maintenance or repair of any such Vehicle(s).
9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A
SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND
REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR
IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE.
(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE,
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS,"
"WITH ALL FAULTS." All warranties made by any supplier, vendor and /or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the
applicable Term and Lessee's only remedy, if any, Is against the supplier, vendor or manufacturer of the Vehicle.
(c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or
consequential) or expense of any kind or nature, caused directly or Indirectly, by any Vehicle or any Inadequacy of any Vehicle for any purpose or any
defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vshlcle, or any delay
In providing or failure to provide any Vehicle, or any Interruption or loss of service or use of any Vehicle, or any loss of business or any damage
whatsoever and however caused. In addition, none of Lessor, Servicer cr any other agent of Lessor wilt have any liability to Lessee under this
Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any
delay in delivery of any Vehicle ordered by Lessee.
10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause
whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty
Occurrence and thereafter w8I place the applicable Vehicle In good repair, condition and working order, provided, however, that if the applicable Vehicle
is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a 'Totaled Vehicle"), Lessee agrees to pay Lessor no later than the
date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle.
Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.
11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Temt, insurance policies in at least the amounts listed below covering each
Vehicle, to be written by an Insurance company or companies satisfactory to Lessor, Insuring Lessee, Lessor and any other person or entity designated
by Lessor against any damage, claim, suit, action or liability:
(1) Commercial Automobile Liability insurance (including Uninsured /Underinsured Motorist Coverage and No -Fault Protection where required
by law) for the limits listed below Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for
each Vehicle capable of transporting more than 8 passengers):
State of Vehicle Reoistratlon Coverage
Connecticut, Massachusetts, Maine, New Hampshire, New $1,000,000 Combined Single Limit Bodily Injury and Property
Jersey, New York, Pennsylvania, Rhode Island, and Vermont Damage - No Deductible
Florida $500,000 Combined Single Limit Bodily Injury and Property
Damage or $100,000 Bodily Injury Per Person, $300,000 Per
Occurrence and $50,000 Property Damage (100/300/50) - No
Deductible
All Other Stales $300,000 Combined Single Limit Bodily Injury and Property
Damage or $100,000 Bodily Injury Per Person, $300,000 Per
Occurrence and $50,000 Property Damage (100/300/50) - No
Deductible
(ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per
occurrence - Collision and $250 per occurrence - Comprehensive).
If the requirements of any governmental or regulatory agency exceed the minimums slated in this Agreement Lessee must obtain and maintain the higher
insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other
person or entity designated by Lessor as additional Insureds and loss payees, as their respective interests may appear. Further, each such insurance policy
must provide the following: (1) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other
person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (it) that no act or
default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or
assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (Ili) that the coverage is 'primary
coverage" for the protection or Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other
coverage cabled by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks,
Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor
as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by
Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney -in -fact to
receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if
Lessee falls to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be bome by Lessee.
Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the
Investigation, defense and prosecution of ell claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for
death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of
such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action.
(b) Notwithstanding the provisions of Section 11(a) above: (f) if Section 4 of a Schedule Includes a charge for physical damage waiver, Lessor
agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage Insurance (collision and comprehensive) required under
Section 11(a) for the Vehicle(s) covered by such Schedule and (8) Lessor will assume the risk of physical damage (collision and comprehensive) to the
Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable
and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts,
accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and /or damage to or loss of any property
and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at Its option, replace,
rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this
Agreement; and (II) If Section 4 of a Schedule Includes a charge for commercial automobile liability enrollment Lessor agrees that it will, at its expense,
obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an
Insurance company selected by Lessor, commercial automobile liability Insurance satisfying the minimum commercial automobile liability Insurance
required under Section 11(a) for the Vehfcle(s) covered by such Schedule. Lessor may at anytime during the applicable Term terminate said obligation
to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and /or commercial
automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, Insurance in the minimum amounts
as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by
Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of Insurance coverage within ten (10) days after mailing of
the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial
automobile liability enrollment upon giving Lessee at least thirty (30) days prior mitten notice.
12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and Indemnify Lessor, Servicer, any other agent of Lessor and their
respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including,
without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or
assigns may Incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as
a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any
Vehicle. The provisions of this Section 12 shall survive any expiration or terminafion of this Agreement. Nothing herein shall be deemed to effect the
rights, privileges, and immunities of Lessee and the foregoing Indemnity provision Is not intended to be a waiver of any sovereign Immunity afforded to
Lessee pursuant to the law.
13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at Hs expense, all
Inspections of the Vehicles required by any governmental authority during the Tenn. Lessor, Servicer, any other agent of Lessor and any of their
respective successors or assigns will have the right to inspect any Vehicle at any reasonable times) during the Term and for this purpose to enter Into or
upon any building or place where any Vehicle Is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to
provide such written and signed disclosure Information on such forms and in such manner as directed by Lessor. Providing false information or failure to
complete the odometer disclosure form as required by law may result in fines and /or imprisonment. Lessee hereby agrees to promptly deliver to Lessor
such financial statements and other financial Information regarding Lessee as Lessor may from time to time reasonably request.
14. DEFAULT; REMEDIES: The following shall constitute events of default ( "Events of Default ") by Lessee under this Agreement: (a) if lessee fails to
pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to
perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee falls to perform, keep or observe any
other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice
thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a
Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) If any present or future guaranty In favor of
Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any fime for any reason cease to be in full force and effect or shall be
declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any
guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply
with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial
condition or business of Lessee or any guarantor; or (g) If Lessee or any guarantor is in default under or fails to comply with any other present or future
agreement with or In favor of Lessor, The Crawford Group, Inc. or any direct or Indirect subsidiary of The Crawford Group, Inc.. For purposes of this
Section 14, the term "guarantor' shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.
Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any
election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the
Vehicles from Lessee, without releasing Lessee from Its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to
Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and say of Lessor's independent contractors
shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce
performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any
other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law,
all costs and expenses, including court costs and reasonable attorneys' fees and expenses, Incurred by Lessor, Servicer, any other agent of Lessor or
any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is
commenced) and /or In connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights
under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of
this Agreement (and, If Lessor does not recover possession of a Vehicle, (I) the estimated wholesale value of such Vehicle for purposes of Section 3(c)
shall be deemed to be $0.00 and (il) the calculations described In the first two sentences of Section 3(c) shall be made without giving effect to clause (it)
in each such sentence); and /or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial
Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination
shall not affect Lessee's obligation to pay an amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any
Indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or In equity are cumulative.
1S. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and /or any or all of its rights and obligations under this
Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to
Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights
or obligations of'Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and Interest In and
to the Vehicles are and will continue at all times to be subject and subordinate In all respects to any assignment, pledge w transfer now or hereafter
executed by Lessor with or In favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the
Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any
assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional
and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage
to or loss or destruction of any Vehicle or by reason of any defect in or Failure of title of the Lessor or interruption from whatsoever cause in the use, operation
or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee
or to any other person or entity, or for any other reason.
Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this
Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's
Interest In this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession
of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.
16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an
Instrument in writing executed by both parties. Lessor shall not by any act, delay, omisslon or otherwise be deemed to have waived any of its rights or
remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set
forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy,
which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such tern or provision is
Invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all
notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party
may provide In writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit In the United Slates mail,
duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change In Lessee's address. This Agreement may be
executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL' by Lessor will be the original lease
for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if
more than one) arejoint and several.
17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and Its
heirs, executors, personal representatives, successors and assigns, and will Inure to the benefit of Lessor, Servicer, any other agent of Lessor and their
respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of
Oklahoma (determined without reference to conflict of law principles).
18. NON - PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all
Indebtedness of Lessor, it shall not Institute against, orjoin any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement,
insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of
this Section 18 shall survive termination of this Master Equity Lease Agreement.
19. NON - APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor
acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that
financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the
County or State to appropriate funds for purposes of this Agreement Accordingly, the parties agree that the lease terms within this Agreement or any
Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such
funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be
paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the
open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.
LESSEE: City of Owasso, Oklahoma LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc., its attorney in fact
By: Bill Bush
Title: Mayor
By:
Title:
Address: 200 S. Main Street Address:
Owasso, OK 74055
Date Signed: .2021 Date Signed
FLEET MANAGEMENT
AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT ("Amendment") dated this day of August, 2021 Is attached to, and made a part of,
the MASTER EQUITY LEASE AGREEMENT entered into on the day of August, 2021 ( "Agreement") by and
between Enterprise FM Trust. a Delaware statutory trust ("Lessor") and City of Owasso. Oklahoma ( "Lessee "). This
Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the
parties.
Section 3(c) of the Master Equity Lease Agreement is amended to read as follows
Lessee agrees to pay Lessor within thirty (30) days after receipt of the consolidated invoice for each termed Vehicle,
additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (I) the wholesale
value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20 %) of
the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less
than the greater of (t) the wholesale value of such Vehicle as determined by Lessor in good faith or (it) except as
provided below, twenty percent (20 %) of the Delivered Price of such Vehicle as set forth in the applicable Schedule,
Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of
the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48)
months (including any extension of the Term for such Vehicle), (11) the mileage on a Vehicle at the end of the Term Is
greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a
Term of thirty -six (36) months is greater than 45,000 miles) or (iii) in the sale judgment of Lessor, a Vehicle has been
subject to damage or any abnormal or excessive wear and tear, the calculations described In the two immediately
preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The "Book Value" of a
Vehicle means the sum of (I) the "De0vered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the
total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent
and/or other amounts owed by Lessee with respect to such Vehicle.
Section 3(e) of the Master Equity Lease Agreement is amended to read as follows:
Any rental payment or other amount owed by Lessee to Lessor which Is not paid within thirty (30) days after its due
date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal
to the lesser of (1) Eighteen Percent (18 %) per annum or (11) the highest rate permitted by Oklahoma state law (the
"Default Rate ").
Section 8(a) of the Master Equity Lease Agreement Is amended to read as follows
Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order
and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (ii)
furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the
Vehicles. Any alterations, additions, replacement parts or Improvements to a Vehicle will become and remain the
property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Lessor
acknowledges that Lessee will attach removal equipment to Vehicle and Lessor agrees that use of such equipment
by Lessee is permitted and Lessor agrees that such equipment may be removed by Lessee prior to the Vehicle's
return to Lessor. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing,
Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning
such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and
improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not
make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic
value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or
description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever In
connection with any Vehicle or this Agreement.
FLEET MANAGEMENT
Section 10 of the Master Equity Lease Agreement is amended to read as follows:
Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from
any cause whatsoever ( "Casualty Occurrence "). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give
Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair,
condition and working order; provided, however, that If the applicable Vehicle is determined by Lessor to be lost,
stolen, destroyed or damaged beyond repair (a "Totaled Vehicle "), Lessee agrees to pay Lessor no later than the
date forty-five (45) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c)
with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled
Vehicle.
Section 14, second paragraph of the Master Equity Lease Agreement is amended to read as follows:
Upon the occurrence of any Event of Default, Lessor, shall provide written notice of Event of Default to Lessee.
Lessee shall have ten (10) days (exclusive of Section 11, Insurance) upon receipt of notice to cure the Event of
Default. Upon expiration of the ten (10) days without remedy of the Event of Default by the Lessee, Lessor, will have
the right to exercise concurrently or separately (and without any election of remedies being deemed made), the
following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from
Lessee, without releasing Lessee from its obligations under this Agreement; If Lessee fails to surrender possession of
the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of
Lessor and any of Lessors independent contractors shall have the right to enter upon any premises where the
Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee
of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor,
Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default
Including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable
attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective
successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not
litigation is commenced) and /or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to
Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may
recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor
does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section
3(c) shall be deemed to be $0.00 and (it) the calculations described In the first two sentences of Section 3(c) shall be
made without giving effect to clause (tl) in each such sentence); and /or (f) Lessor may exercise any other right or
remedy which may he available to Lessor under the Uniform Commercial Code, any other applicable law or in equity.
A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not
affect Lessee's obligation to pay all amounts due for perlods prior to the effective date of such termination or Lessee's
obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or st law or in
equity are cumulative.
Additional Section 20 Is added to the Master Equity Lease Agreement and reads as follows
DISPUTE RESOLUTION: Any unresolved disputes adsing out of this Agreement will be settled by binding arbitration
at the office of the AAA located in Oklahoma. The arbitration will be held in accordance with the AAA Rules, as
amended by this Agreement. Either party may Initiate arbitration by providing written demand for arbitration (with a
copy to the other party), a copy of this Agreement and the administrative fee required by the AAA Rules to the AAA in
Oklahoma. The remaining cost of the arbitration, including arbitrator's fees, shall be shared equally by the parties
unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case.
The parties agree to undertake all of the submission of the demand for arbitration. The arbitrator shall designate the
time and place in Oklahoma for the hearing within thirty (30) calendar days of his or her appointmenL The arbitrator
shall not be able to award, nor shall any party be entitled to receive punitive, incidental, consequential, exemplary,
reliance or special damages, including damages for lost profits. The arbitrator's decision shall follow the plain
meaning of the Agreement and shall be final, binding, and enforceable in a court of competent jurisdiction.
All references in the Agreement and in the various Schedules and addenda to the Agreement and any other
references of similar import shall henceforth mean the Agreement as amended by this Amendment Except to the
extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations
and warranties contained in the Agreement shall be and remain In full force and effect and the same are hereby
ratified and confirmed.
FLEET MANAGEMENT
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease
Agreement as of the day and year first above written.
City of Owasso, Oklahoma (Lessee)
Bill Bush
Title: Mayor
Enterprise FM Trust (Lessor)
By: Enterprise Fleet Management, Inc., its attorney in fact
Title:
Date Signed: , 2021 Date Signed: ,
FLEET MANAGEMENT
SELF -INSURANCE ADDENDUM TO MASTER EQUITY LEASE AGREEMENT
(Physical Damage and Liability)
This Addendum is made to the Master Equity Lease Agreement dated the _ day of August, 2021 as amended (the "Agreement "), by and between
Enterprise FM Trust, a Delaware statutory trust ( "Lessor'), and the lessee whose name is set forth on the signature line below ( "Lessee').
This Addendum Is attached to and made a part of the Agreement (including each Schedule to the Agreement). All capitalized terms used and not
otherwise defined herein shall have the respective meanings ascribed to them in the Agreement.
Notwithstanding the provisions of Section ti of the Agreement, Lessee shall be permitted to assume and self -insure the risks set forth in Section
11 of the Agreement and shall not be required to purchase or maintain any insurance policy of any kind with respect to any Vehicle; provided, however, that if any
Federal, state, local or other law, statute, rule, regulation or ordinance requires Lessee to maintain any amount of insurance with respect to any Vehicle, Lessee shall
purchase and maintain such amount of Insurance in the form of an Insurance policy which complies in all respects, other than the amount of insurance required, with
Section 11 of the Agreement.
Notwithstanding the foregoing, if (1) Lessor, at any time in its good faith judgment, is not satisfied with the condition, prospects or performances,
financial or otherwise, of Lessee or (2) any default or event of default occurs under the Agreement, than Lessor may, at its option, revoke this Addendum and terminate
Lessee's right to self - insure by providing Lessee with at least thirty (30) days priorwrilten notice thereof. Upon the termination of Lessee's right to self - Insure, Lessee
shall comply in all respects with Section 11 of the Agreement.
Except as amended hereby, all the terms and provisions of the Agreement shall remain in full force and effect. In the event of any conflict between
this Addendum and the Agreement or any of the Schedules, the terms and provisions of this Addendum will govern and control.
LESSEE: City of Owasso, Oklahoma
LESSOR: Enterprise FM Trust
BY Enterprise Fleet Management, Inc. its attorney in fact
By: Bill Bush
Mayor By.
Title:
Title:
Date Signed: 2021
Date Signed:
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 07117121
Department Payroll Expenses Total Expenses
105 Municipal Court
6,019.68
9,495.57
110 Managerial
23,561.19
32,915.91
120 Finance
21,429.74
32,693.71
130 Human Resources
9,686.45
14,553.65
160 Community Development
19,807.95
31,680.01
170 Engineering
19,743.02
30,770.87
175 Information Systems
18,330.81
27,929.69
181 Support Services
10,142.78
15,243.54
190 Cemetery
1,291.20
2,862.48
201 Police Grant Overtime
1,855.79
1,880.09
215 Central Dispatch
2,523.44
3,782.48
221 Animal Control
4,646.04
6,823.76
280 Emergency Preparedness
2,400.87
3,361.95
370 Stormwater /ROW Maint.
7,536.39
12,171.97
515 Park Maintenance
8,572.64
13,117.06
520 Culture /Recreation
10,601.70
17,439.46
550 Community- Senior Center
6,653.18
8,842.23
580 Historical Museum
764.40
853.44
710 Economic Development
4,764.14
7,229.54
720 Strong Neighborhood
345.21
421.56
185 Garage Fund Total 10 747.89 17,635.37
255 Ambulance Fund Total 553.85 618.38
215 E911 Communication 22,122.27 35283.68
250 Fire Fund 37 Total 244 157.85 350,304.59
201 Police Fund 38 Total 204,928.98 312,644.85
300 Streets Fund 39 Total 18,475.30 31,711.76
370 Stormwater Fund 27 Total 3,748.69 6,486.41
150 Worker's Compensation Total 3,233.60 3,857.12
720 Strong Neighborhoods Total 4.115&39 6 184.12
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7129121
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
ADMIN FEES
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
VSP ADMIN FEES
ADMIN FEES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
24,382.37
33,427.80
32,087.18
45, 339.65
14,772.17
85,898.89
235,908.06
9,197.00
9,739.89
9,582.57
28,519.46
1,494.54
71.19
1,565.73
265,993.25