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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