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Home My WebLink About2024.07.02_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, July 2, 2024 - 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 Alvin Fruga RECEIVED 2. Invocation - Pastor Mike Benson of Discovery Church JUN 2 8 2024 .lS 3. Flag Salute City Cleric's Office 4. Roll Call 5. Presentation of the Character Trait of Loyalty -Art Haddaway, Owasso Reporter Editor 6. Consideration and appropriate action relating to 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 - June 18, 2024, Regular Meeting B. Approve claims C. Accept the City Hall Hydraulic Elevator and Car Upgrade project and authorize final payment to Schindler Elevator Corporation of Tulsa, Oklahoma, in the amount of $17,874.99 D. Accept the in -kind donation from Henry Bodden and the Woody Williams Foundation of the Gold Star Families Memorial monument located at the Owasso Veterans Memorial E. Accept public infrastructure improvements of sanitary sewer, concrete, and asphalt approaches located at 11637 North 129th East Avenue (The Learning Experience) 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Discussion relating to proposed amendments to Part 4, ANIMALS, of the Owasso Code of Ordinances Beth Anne Childs 9. Consideration and appropriate action relating to the Cherokee Nation Public Safety Partners Grant and a budget amendment in the Half -Penny Sales Tax Fund David Hurst Staff recommends acceptance of the grant and approval of the budget amendment increasing the estimate of revenues and the appropriations for expenditures in the Fire Department by $50,000.00. 10. Consideration and appropriate action relating to a lease agreement for the replacement of various ZOLL Emergency Medical Equipment David Hurst Staff recommends approval of the ZOLL One Program Master Lease Agreement between the City of Owasso and ZOLL Medical Corporation of Chelmsford, Massachusetts, in an amount not to exceed $19,917.40 monthly, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents. 11- Presentation of the monthly Public Works Project Status Report - Roger Stevens 12. Report from City Manager 13. Report from City Attorney Owasso City Council July 2, 2024 Page 2 14. Report from City Councilors 15. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - pay period ending date June 15, 2024 • Healthcare Self- Insurance Claims - dated as of June 27, 2024 • Change Order 17 executed by the City Manager or designee for the Fire Station No. I Renovation Project • Change Order 2 executed by the City Manager or designee for the Elm Creek Sanitary Sewer interceptor Rehabilitation Project 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 17. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 12:00 pWn Friday, June 28, 20,24. liann M. Stevens, City Clerk The City of Owosso encourages citizen participation. To requesron accommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918 - 376 -1502 or by email to jstevens @citvofowosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, JUNE 18, 2024 The Owasso City Council met in regular session on Tuesday, June 18, 2024, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 8, 2023; 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, June 14, 2024. 1. Call to Order - Mayor Alvin Fruga called the meeting to order at 6:30 pm. 2. Invocation - The Invocation was offered by Pastor Brad McCaskill of Hope Chapel Foursquare Church. 3. Flag Salute - Councilor Lewis led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor -Alvin Fruga None Vice Mayor- Lyndell Dunn Councilor- Doug Bonebrake Councilor- Kelly Lewis Councilor- Paul Loving Staff: City Manager - Chris Garrett / City Attorney - Julie Lombardi 5. Consideration and appropriate action relating to 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 Councilors may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - June 4, 2024, and June 11, 2024, Regular Meetings B. Approve claims C. Declare the following vehicles and equipment as surplus to the needs of the City of Owasso and authorize disposal via online auction: 2012 Chevy Tahoe - 1 GNSK2E08CR209033 2002 Case 90XT Skidsteer - JAF0376594 2021 Ford Explorer - 1 FM5K8AB4MGB 18463 Stow Slicer 3 Concrete Saw Mr. Bonebrake moved, seconded by Ms. Lewis, to approve the Consent Agenda as presented, with claims totaling $1,361,876.36. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 6. Consideration and appropriate action relating to items removed from the Consent Agenda - None 7. Consideration and appropriate action relating to a budget amendment for fiscal year -end supplemental appropriations of excess revenue Carly Novozinsky presented the item, recommending approval of a budget amendment in the General Fund, increasing estimated revenues and the appropriation for expenditures by $100,000.00. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to approve the budget amendment, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 Owasso City Council June 18, 2024 Page 2 8. Consideration and appropriate action relating to Resolution 2024 -05, providing for the adoption of an annual budget for Fiscal Year 2024 -2025 General Fund and other Funds, establishing levels of expenditures by department, and establishing budget amendment authority as provided by state statute Carly Novozinsky presented the item, recommending approval of Resolution 2024 -05. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake, to approve Resolution 2024 -05, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 Consideration and appropriate action relating to a final plat for Silo at Smith Farm, a proposed single - family subdivision, containing approximately 13.47 acres located south of East 961h Street North and east of North Garnett Road Alexa Beemer presented the item, recommending approval of the final plat. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake, to approve the final plat, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to a final plat for Owasso 7, a proposed commercial subdivision, containing approximately 2.30 acres located on the northeast corner of the intersection of East 961h Street North and North Garnett Road Wendy Kramer presented the item, recommending approval of the final plat. There were no comments from the audience. Mr. Loving moved, seconded by Mr. Dunn, to approve the final plat, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to a Specific Use Permit for a proposed car wash facility containing approximately 1.95 acres located at 7659 North 129th East Avenue, as referenced in application SUP 24 -01 Wendy Kramer presented the item, recommending approval of the Specific Use Permit. Five citizens addressed the City Council. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake, to approve the Specific Use Permit, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to the Agreement for Engineering Services with McClelland Consulting Engineers, Inc., of Little Rock, Arkansas for the Garnett Road Widening Project from East 1061h Street North to East 116th Street North Roger Stevens presented the item, recommending approval of Amendment No. 3 in an amount not to exceed $27,000.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Loving moved, seconded by Mr. Bonebrake, to approve the amendment and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 Owasso City Council June 18, 2024 Page 3 13. Consideration and appropriate action relating to bids received for the East 961h Street North from North 119th East Avenue to North 129th East Avenue Roadway Improvements - East Side Roger Stevens presented the item, recommending to award the construction contract to Grade Line Construction, LLC of Tulsa, Oklahoma, in the amount of $2,892,898.70, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Frugal, to award the contract and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 14. Consideration and appropriate action relating to a contract with the Fraternal Order of Police (FOP) Lodge #149, effective July 1, 2024 through June 30, 2025 Michele Dempster presented the item, recommending approval of the FY 2024 -2025 contract between the City of Owasso and the Fraternal Order of Police, Lodge # 149, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to approve the contract and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 15. Consideration and appropriate action relating to the renewal of the Master Services Agreement with First Responder Support Services (FRSS) for professional behavioral health services Michele Dempster presented the item, recommending approval of the First Renewal to the Master Services Agreement with First Responder Support Services, PLLC, of Tulsa, Oklahoma, in the amount of $51,010.44, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Loving moved, seconded by Mr. Dunn, to approve the agreement and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 16. Consideration and appropriate action relating to a budget amendment in the Healthcare Self - Insurance Fund Michele Dempster presented the item, recommending approval of a budget amendment in the Healthcare Self- Insurance Fund, increasing appropriation for expenditures by $500,000.00. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis, to approve the budget amendment, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 17. Consideration and appropriate action relating to an Employment Agreement between the City and Christopher Garrett for the position of City Manager, effective July 1, 2024 through June 30, 2025 Michele Dempster presented the item. There were no comments from the audience. Mr. Loving moved, seconded by Mr. Dunn, to approve the agreement. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 18. Report from City Manager -None 19. Report from City Attorney - None 20. Report from City Councilors -None Owasso City Council June 18, 2024 Page 4 21. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date June 1, 2024 • Healthcare Self- Insurance Claims - dated as of June 13, 2024 • Monthly Budget Status Report - May 2024 • Change Order 1 executed by the City Manager or designee for the 2024 Owasso Drainage Project • Change Orders 14, 15, and 16 executed by the City Manager or designee for the Fire Station No. 1 Renovation Project 22. New Business - None 23. Adjournment Ms. Lewis moved, seconded by Mr. Bonebrake, to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:37 pm. Alvin Frugal, Mayor Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 07/02/2024 Vendor Name Payable Description Payment Amount CINTAS CORPORATION FIRST AID SUPPLIES $83.49 GARLAND DBS INC CHAMBER ROOF REPAIR $2,587.00 JPMORGAN CHASE BANK AMAZON -FLASH DRIVES $58.00 JPMORGAN CHASE BANK AMAZON -PRO PRESS $2,139.93 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $290.22 JPMORGAN CHASE BANK COX - INTERNET $69.95 JPMORGAN CHASE BANK FASTSIGNS - SIGNAGE $5,591.32 JPMORGAN CHASE BANK LIBERTY -FLAGS $207.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $90.30 JPMORGAN CHASE BANK SAMS- SUPPLIES $7.98 JPMORGAN CHASE BANK SMOKE - LUNCH MEETING $99.31 JPMORGAN CHASE BANK SUNDANCE -COPY PAPER $42.99 UNIFIRST HOLDINGS LP BUILD MAINT UNIFORM $28.72 BUILDING MAINTENANCE - Total $11,296.21 AEP /PSO ELECTRIC USE $351.19 JPMORGAN CHASE BANK TROYTDV- SERVICE $75.00 JPMORGAN CHASE BANK VET VIED EXM- TRAINING $85.50 JPMORGAN CHASE BANK WATERSTONE- CLEANING $93.75 JPMORGAN CHASE BANK ZERO SOL- SUPPLIES $66.99 GEN ANIMAL CONTROL - Total $672.43 AEP /PSO ELECTRIC USE $23.66 JPMORGAN CHASE BANK LOWES - SUPPLIES $14.96 JPMORGAN CHASE BANK TWINCITIES- CONCRETE $6,006.00 SPOK INC. PAGER USE $10.05 UNIFIRST HOLDINGS LP UNIFORM SERVICES $20.63 GEN CEMETERY -Total $6,075.30 DANETTE TODD CARD MAKING CLASS $346.50 DWAYNE TOWNSEND MARTIAL ARTS CLASSES $531.00 SUSAN R CHERMACK PAINTING CLASS $640.00 TREASURER PETTY CASH CC CLASS REF -KEITH $20.00 GEN COMM CTR DONATIONS - Total $1,537.50 AEP /PSO ELECTRIC USE $1,259.36 JPMORGAN CHASE BANK AMAZON - BATTERIES $21.49 JPMORGAN CHASE BANK AMAZON - TABLES $239.90 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $133.44 JPMORGAN CHASE BANK CINTAS- SUPPLIES $921.25 JPMORGAN CHASE BANK COX -WIFI $180.00 JPMORGAN CHASE BANK ULINE- CHAIRS $2,731.52 JPMORGAN CHASE BANK WALMART- BATTERIES $67.44 SUMNERONE INC COPIER $228.80 1 Claims List - 07/02/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN COMMUNITY CENTER -Total $5,783.20 HAROLD RANDALL PINNEY LAWN MAINTENANCE $500.00 JPMORGAN CHASE BANK APPLE - SOFTWARE $9.99 JPMORGAN CHASE BANK BEST BUY -CASE $70.78 JPMORGAN CHASE BANK FASTSIGNS -SIGNS $470.00 JPMORGAN CHASE BANK MEETING EXP $70.00 JPMORGAN CHASE BANK NEXT LEVEL -WORK HATS $120.00 JPMORGAN CHASE BANK PIKEPASS -FEES $6.20 JPMORGAN CHASE BANK TOMMYS -SUB FEE $67.97 TREASURER PETTY CASH CONST BOARD -BOGGS $70.00 GEN COMMUNITY DEVELOPMENT - Total $1,384.94 JPMORGAN CHASE BANK AMAZON -CHAIR $109.99 JPMORGAN CHASE BANK AMAZON -MEMB FEE $14.99 JPMORGAN CHASE BANK AMAZON -MIC $32.99 JPMORGAN CHASE BANK AMAZON - SUPPLIES $149.97 SUMNERONE INC PRINTER $1,808.75 GEN CULTURE & RECREATION - Total $2,116.69 AEP /PSO ELECTRIC USE $21.61 RILEIGHS OUTDOOR LLC SANTA SLEIGH REDBUD $5,554.25 GEN ECONOMIC DEV - Total $5,575.86 AEP /PSO ELECTRIC USE $82.01 JPMORGAN CHASE BANK AMAZON - SUPPLIES $497.49 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $1,201.14 JPMORGAN CHASE BANK COX - EQUIP /INSTALL $960.56 JPMORGAN CHASE BANK SUMNERONE- COPIES $57.99 GEN EMERG PREPAREDNESS -Total $2,799.19 JPMORGAN CHASE BANK AMAZON - SUPPLIES $37.56 TREASURER PETTY CASH INCOG -PW PETTY CASH $2.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $41.42 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $79.84 GEN ENGINEERING - Total $160.82 JPMORGAN CHASE BANK SAVON- ENVELOPES $95.00 SUMNERONE INC COPIER SERVICES $57.00 GEN FINANCE - Total $152.00 AEP /PSO ELECTRIC USE $5,573.07 IMPERIAL LLC COFFEE -CITY HALL $143.35 JPMORGAN CHASE BANK QUADIENT -LEASE $1,110.66 JPMORGAN CHASE BANK SUNDANCE -COPY PAPER $257.94 GEN GENERAL GOVERNMENT -Total $7,085.02 AEP /PSO ELECTRIC USE $146.68 Claims List - 07/02/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN HISTORICAL MUSEUM -Total $146.68 COMMUNITYCARE EAP EAP FEE $468.00 CRITERION INC APP TRACKING SYSTEM $3,878.74 JPMORGAN CHASE BANK FACEBOOK- ADVERT $58.25 JPMORGAN CHASE BANK GIANT -EMPL DEV $599.00 JPMORGAN CHASE BANK INDEED - ADVERT $1,726.88 JPMORGAN CHASE BANK NEXTCARE- TESTING $1,805.00 JPMORGAN CHASE BANK SAVON -FORMS $210.00 JPMORGAN CHASE BANK STRATEGIC GOV- ADVERT $399.00 GEN HUMAN RESOURCES - Total $9,144.87 AT &T MOBILITY PUBLIC SAFE WIRELESS $83.35 EMC ELECTRICAL MECHANICAL COMPANY UPS INSTALL AT RADIO TOWE $900.00 JPMORGAN CHASE BANK COX - INTERNET $100.05 GEN INFORMATION TECH - Total $1,083.40 JPMORGAN CHASE BANK COMMUNITY RELATIONS $56.00 JPMORGAN CHASE BANK COUNCIL MEETING EXP $194.78 JPMORGAN CHASE BANK EMPLOYEE RELATIONS $66.06 JPMORGAN CHASE BANK OWASSO CHAMBER -FEES $50.00 JPMORGAN CHASE BANK STEPHTPHOTO - PHOTOGRAP $175.00 TREASURER PETTY CASH SERVICE OK -TAG $20.50 GEN MANAGERIAL - Total $562.34 JPMORGAN CHASE BANK LODGING EXP 6/10 $642.00 JPMORGAN CHASE BANK TRAVEL EXP 6/10 $21.56 JPMORGAN CHASE BANK TRAVEL EXP 6/5 $21.37 JPMORGAN CHASE BANK TRAVEL EXP 6/6 $6.92 SUMNERONE INC COPIER SERVICES $23.81 YOUTH SERVICES OF TULSA FY24 YOUTH COURT $8,250.00 GEN MUNICIPAL COURT - Total $8,965.66 AEP /PSO ELECTRIC USE $2,743.36 FREDERICK SOMMERS & WESTERN SIGN REPAIR SIGN $1,200.00 CO G.W. ELECTRIC CO. REPLACE L2 FIXTURE $135.30 JPMORGAN CHASE BANK ATWOODS- GLASSES $30.98 JPMORGAN CHASE BANK C &C- SUPPLIES $644.85 JPMORGAN CHASE BANK CORNERSTONE - SPOOLS $26.00 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $155.96 JPMORGAN CHASE BANK PIKEPASS -FEES $10.65 PLAY BY DESIGN, INC. RAYOLA REPLACE SLIDE $10,000.00 UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $61.56 WASHINGTON CO RURAL WATER DISTRICT MCCARTY PARK $36.00 GEN PARKS - Total $15,044.66 3 Claims List - 07/02/2024 Fund Vendor Name Payable Description 01 GENERAL AEP /PSO ELECTRIC USE Payment Amount $557.54 GEN POLICE COMMUNICATIONS -Total $557.54 SPOK INC. PAGER USE $69.80 UNIFIRST HOLDINGS LP UNIFORM SERVICES $153.54 GEN STORMWATER - Total $223.34 TREASURER PETTY CASH CC DEP REF - ANDERSON $100.00 TREASURER PETTY CASH CC DEP REF- MCQUEEN $50.00 TREASURER PETTY CASH CC DEP REF - WALTERS $100.00 TREASURER PETTY CASH CC DEP REF - WHITLEY $50.00 TREASURER PETTY CASH OC DEP REF - KENWORTHY $100.00 GENERAL -Total $400.00 GENERAL - Total $80,767.65 20 AMBULANCE SERVICE CONRAD FIRE EQUIPMENT INC. REPAIRS $5,221.40 JPMORGAN CHASE BANK ACE - SUPPLIES $428.25 JPMORGAN CHASE BANK AMAZON - UPFITTING $89.90 JPMORGAN CHASE BANK ATWOODS - UPFITTING $14.97 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $924.40 JPMORGAN CHASE BANK CAP WASTE SOL -MED WAS $254.40 JPMORGAN CHASE BANK CORN ERSTONE - UPFITTING $30.38 JPMORGAN CHASE BANK FIRE SVC- TRAINING $500.00 JPMORGAN CHASE BANK FULLERTON -02 $80.00 JPMORGAN CHASE BANK HOME DEPOT -PARTS $19.86 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $7,081.96 JPMORGAN CHASE BANK LOWES - UPFITTING $60.52 JPMORGAN CHASE BANK OREILLY -FUSE $5.29 JPMORGAN CHASE BANK TRAVEL EXP 6/3/24 $2,690.00 JPMORGAN CHASE BANK ULINE- SUPPLIES $91.57 JPMORGAN CHASE BANK ZOLL- SUPPLIES $403.75 MEDICLAIMS INC BILLING SERVICES $11,103.64 AMBULANCE - Total $29,000.29 JPMORGAN CHASE BANK ROGUE -EQUIP $13,056.61 JPMORGAN CHASE BANK ROGUE - REFUND ($1,068.16) FIRE STAT #1 RENOVATION -Total $11,988.45 AMBULANCE SERVICE -Total $40,988.74 21 E -911 DEPARTMENT OF PUBLIC SAFETY OLETS ACCESS $1,360.00 JPMORGAN CHASE BANK AMAZON -CHAIR $605.88 JPMORGAN CHASE BANK AMAZON - SUPPLIES $635.01 JPMORGAN CHASE BANK FIRE SVC- TRAINING $231.00 TREASURER PETTY CASH B HARRIS - TRAINING $241.50 TREASURER PETTY CASH S MOORE- TRAINING $310.50 4 Claims List - 07/02/2024 Fund Vendor Name Payable Description Payment ELECTRIC USE $6,134.72 JPMORGAN CHASE BANK Amount 21 E -911 E911 COMMUNICATIONS - Total AMAZON -EQUIP $3,383.89 E -911 - Total AMAZON -PRO PRESS $500.00 $3,383.89 25 HOTEL TAX JPMORGAN CHASE BANK OK NEWS -SUB FEE $4.99 $174.00 STRONG NEIGHBORHOODS - Total AMER WASTE -REF SVC $4.99 HOTEL TAX - Total AUTOZONE -FLOOR DRY $30.98 $4.99 27 STORMWATER MANAGEMENT STRONGHAND LLC FY24 DRAINAGE IMPRV $58,682.17 FY24 DRAINAGE IMPROVEMENT - Total $58,682.17 AEP /PSO ELECTRIC USE $946.20 DEPARTMENT OF ENVIRONMENTAL MS4 STM WATER PERMIT $748.11 QUALITY JPMORGAN CHASE BANK ACADEMY -BOOTS $69.99 JPMORGAN CHASE BANK BROWN FARMS -SOD $220.00 JPMORGAN CHASE BANK CORE &MAIN - SUPPLIES $90.00 JPMORGAN CHASE BANK LOWE'S - SUPPLIES $98.90 JPMORGAN CHASE BANK WALMART- CHAIRS $35.92 JPMORGAN CHASE BANK WILLIAMS - PARKING $8.00 LOT MAINTENANCE OF OKLAHOMA, INC. LAWN MAINTENANCE $9,928.00 UNIFIRST HOLDINGS LP EVENTS -CITY SHIRTS $62.40 UNIFIRST HOLDINGS LP UNIFORM SERVICES $12.18 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $64.34 STORMWATER-STORMWATER -Total $12,284.04 STORMWATER MANAGEMENT - Total $70,966.21 31 AMBULANCE CAPITAL JPMORGAN CHASE BANK BOUND TREE -IV PUMP $997.71 JPMORGAN CHASE BANK BOUND TREE -IV PUMPS $384.96 AMBULANCE CAPITAL FD - Total $1,382.67 AMBULANCE CAPITAL -Total $1,382.67 35 PARK DEVELOPMENT PLAY BY DESIGN, INC. RAYOLA REPLACE SLIDE $19,999.00 PARK DEV FD - PARKS - Total $19,999.00 PARK DEVELOPMENT - Total $19,999.00 37 SALES TAX FIRE LIMESTONE CONSTRUCTION LLC FIRE STATION 1 REMODEL $245.557.42 FIRE STAT #1 RENOVATION -Total $245,557.42 AEP /PSO ELECTRIC USE $6,134.72 JPMORGAN CHASE BANK AMAZON - BATTERIES $283.99 JPMORGAN CHASE BANK AMAZON -EQUIP $23.83 JPMORGAN CHASE BANK AMAZON -PRO PRESS $500.00 JPMORGAN CHASE BANK AMAZON - UNIFORMS $56.00 JPMORGAN CHASE BANK AMAZON -WATER CAN $174.00 JPMORGAN CHASE BANK AMER WASTE -REF SVC $90.41 JPMORGAN CHASE BANK AUTOZONE -FLOOR DRY $30.98 JPMORGAN CHASE BANK BEST BUY -TV $1,099.99 6i Claims List - 07/02/2024 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $197.89 JPMORGAN CHASE BANK CORNERSTONE -BLADE $35.96 JPMORGAN CHASE BANK CORNERSTONE -MOWER OIL $27.00 JPMORGAN CHASE BANK EMOTIVA -AMP $521.10 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $540.00 JPMORGAN CHASE BANK FEDEX -SCBA PARTS SHIP $27.48 JPMORGAN CHASE BANK FIRE SVC TRAIN - SUPPLI $1,060.00 JPMORGAN CHASE BANK FIRE SVC- TRAINING $5,300.00 JPMORGAN CHASE BANK HOME DEPOT - BATTERIES $198.00 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $332.60 JPMORGAN CHASE BANK LODGING EXP 5/23 $2,590.38 JPMORGAN CHASE BANK LOWES- LUMBER $75.62 JPMORGAN CHASE BANK LOWES- MATERIALS $274.50 JPMORGAN CHASE BANK LOWES- OPERATIONS $79.98 JPMORGAN CHASE BANK MR APPL- REPAIR $284.66 JPMORGAN CHASE BANK NALCO -MAINT $275.00 JPMORGAN CHASE BANK OREILLY -FLOOR DRY $31.98 JPMORGAN CHASE BANK OVERHEAD DOOR -DOORS $175.00 JPMORGAN CHASE BANK QUIZS- MOWING $660.00 JPMORGAN CHASE BANK ROTOROOTER- REPAIR $441.37 JPMORGAN CHASE BANK SAMS- SUPPLIES $764.52 JPMORGAN CHASE BANK SUMNERONE -SVC $160.27 JPMORGAN CHASE BANK TRAVEL EXP 5/21 $61.77 JPMORGAN CHASE BANK TRAVEL EXP 5/22 $49.78 JPMORGAN CHASE BANK TRAVEL EXP 5/23 $84.20 JPMORGAN CHASE BANK TRAVEL EXP 5/24 $16.00 JPMORGAN CHASE BANK WASH CO RWD -WATER CAN $632.05 SALES TAX FUND -FIRE - Total $23,291.03 SALES TAX FIRE - Total $268,848.45 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $7,278.31 AT &T MOBILITY PUBLIC SAFE WIRELESS $142.95 GARLAND DBS INC PD SERVER ROOM ROOF $8,392.00 REPAI JPMORGAN CHASE BANK ALS TECH - MUNITIIONS $1,583.20 JPMORGAN CHASE BANK AMAZON -PRO PRESS $500.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $509.21 JPMORGAN CHASE BANK AMAZON -TOOLS $1,571.82 JPMORGAN CHASE BANK AMAZON - UNIFORM $99.99 JPMORGAN CHASE BANK AMER WASTE -REF SVC $148.24 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $239.60 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $196.20 JPMORGAN CHASE BANK COINSOUVENIR - RECOGNIT $44.99 L Claims List - 07/02/2024 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK COX -FEE $50.00 JPMORGAN CHASE BANK DELTA - AIRFARE $358.97 JPMORGAN CHASE BANK DORMAKABA -DOORS $213.68 JPMORGAN CHASE BANK FAM ANIMAL MED -K9 VIED $943.05 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $97.97 JPMORGAN CHASE BANK JERSEY TACT -TOOLS $699.90 JPMORGAN CHASE BANK LIBERTY FLAG -HONOR GU $214.00 JPMORGAN CHASE BANK LOWES- REPAIR $74.72 JPMORGAN CHASE BANK LOWES- SUPPLIES $261.60 JPMORGAN CHASE BANK MEETING EXPENSE $59.71 JPMORGAN CHASE BANK NEXTCARE- VACCINATIONS $200.00 JPMORGAN CHASE BANK ODP BUS SOL- SUPPLIES $59.08 JPMORGAN CHASE BANK OK BOARD -REG FEE $62.00 JPMORGAN CHASE BANK PILOT INST- TRAINING $298.00 JPMORGAN CHASE BANK PSI SVC- TRAINING $175.00 JPMORGAN CHASE BANK ROCIC -FEE $300.00 JPMORGAN CHASE BANK SOUTHWEST- AIRFARE $182.98 JPMORGAN CHASE BANK SP DRONE -TOOLS $1,004.00 JPMORGAN CHASE BANK SUMNERONE -LEASE $424.00 JPMORGAN CHASE BANK SUMNERONE -SVC $207.31 JPMORGAN CHASE BANK TULSA WINDOW- TINTING $1,608.30 JPMORGAN CHASE BANK WATERSTONE- CLEANING $997.74 MOTOROLA SOLUTIONS INC RADIO BATTERIES $11,981.20 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $213.50 TREASURER PETTY CASH A BELL - TRAINING $241.50 TREASURER PETTY CASH A EUBANKS- TRAINING $310.50 TREASURER PETTY CASH D JOHNSTON -VEH EQUIP $25.77 TREASURER PETTY CASH M SALFRANK- TRAINING $241.50 TREASURER PETTY CASH M THOMAS - TRAINING $241.50 TREASURER PETTY CASH N LEWIS- TRAINING $310.50 TREASURER PETTY CASH R CLAIBORNE - PARKING $10.00 SALES TAX FUND - POLICE - Total $42,774.49 SALES TAX POLICE - Total $42,774.49 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $3,133.71 JPMORGAN CHASE BANK ADVANCE AUTO - SUPPLIES $9.76 JPMORGAN CHASE BANK ATWOODS -BOOTS $179.94 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $33.05 JPMORGAN CHASE BANK CRAFCO - SUPPLIES $213.90 JPMORGAN CHASE BANK CRAFCO -COLD PATCH $630.00 JPMORGAN CHASE BANK CRAFCO -CRACK SEAL $1,440.00 JPMORGAN CHASE BANK CRAFCO -CRACK SEALER $2,880.00 7 Claims List - 07/02/2024 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $93.71 JPMORGAN CHASE BANK NEXTCARE- VACCINATIONS $210.00 JPMORGAN CHASE BANK O'REILLY- SUPPLIES $14.32 JPMORGAN CHASE BANK TRACTOR SPLY -BOOTS $159.99 JPMORGAN CHASE BANK TWINCITIES- CONCRETE $17,471.34 JPMORGAN CHASE BANK UPS STORE - POSTAGE $16.54 JPMORGAN CHASE BANK WELSCO- RENTALS $51.50 JPMORGAN CHASE BANK WHITE CAP - TOOLS $122.25 SPOK INC. PAGER USE $168.49 TREASURER PETTY CASH OREILEY -PW PETTY CASH $7.99 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNAGE & STRIPING $838.70 UNIFIRST HOLDINGS LP UNIFORM SERVICES $237.59 WASHINGTON CO RURAL WATER DISTRICT 116 LANDSCAPE IRRIG $103.80 SALES TAX FUND - STREETS -Total $28,016.58 SALES TAX STREETS - Total $28,016.58 40 CAPITAL IMPROVEMENTS KELLOGG ENGINEERING, INC ENG SVCS - 86TH ST $14,647.15 86TH ST N BRIDGE REPLACEM - Total $14,647.15 GARVER ENG SVCS - 96TH ST $18,181.28 UNIVERSAL FIELD SERVICES INC ROW ACQUISITION SVCS $24,250.00 96TH FROM 134TH TO 145TH - Total $42,431.28 DOERNER, SAUNDERS, DANIEL & LEGAL FEES 106 &129 $8,615.68 CIP 106/129 INTERSECT IMP - Total $8,615.68 GARVER ENG SVCS - 96 & 145TH $1,579.25 CIP 96/145TH INTERSECT -Total $1,579.25 CAPITAL IMPROVEMENTS - Total $67,273.36 70 CITY GARAGE AEP /PSO ELECTRIC USE $554.72 COUNTRYSIDE DIESEL REPAIR LLC TRUCK REPAIR $1,714.72 JPMORGAN CHASE BANK AMAZON -FIRE EXT $101.01 JPMORGAN CHASE BANK AMAZON -PARTS $239.57 JPMORGAN CHASE BANK AMAZON - REFUND ($24.18) JPMORGAN CHASE BANK AMAZON -SHOP TOOLS $90.94 JPMORGAN CHASE BANK HESSELBEIN -TIRES $270.00 JPMORGAN CHASE BANK HOOTEN -OIL $800.80 JPMORGAN CHASE BANK HOOTEN- SUPPLIES $39.99 JPMORGAN CHASE BANK LENOX- TOWING $588.00 JPMORGAN CHASE BANK MARC MILLER -PART $22.36 JPMORGAN CHASE BANK MARC MILLER -PARTS $1,710.40 JPMORGAN CHASE BANK MYERS TIRE -PARTS $224.99 JPMORGAN CHASE BANK ODP BUS SOL- ENVELOPES $19.66 JPMORGAN CHASE BANK PRECISION FIT -PARTS $328.00 Lf Claims List - 07/02/2024 Fund Vendor Name Payable Description 70 CITY GARAGE JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK UNIFIRST HOLDINGS LP VEHICLE MAINTENANCE - Total Payment Amount QUIKSERVICE -PARTS $193.10 ROCK AUTO -PARTS $1,710.94 ROUGH CO- BOARDS $399.95 SAMS- SUPPLIES $11.94 UNITED FORD -PARTS $659.56 WARREN CAT -PART $160.78 WARREN CAT -PARTS $332.90 WB SVC CO -PARTS $71.78 YHMC- REFUND ($45.48) VEHICLE MAINT UNIFORM $82.09 $10,258.54 CITY GARAGE - Total $10,258.54 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $11,310.31 WORKERS' COMP SELF -INS -Total $11,310.31 WORKERS' COMP SELF -INS -Total $11,310.31 77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK SPEEDYS- TOWING $140.47 MICHAEL C WACKENHUTH ESTIMATE TR202406041 $265.00 OKLAHOMA MUNICIPAL ASSURANCE PREMIUM ON PW REF MACK $371.00 GROUP HE GEN LIAB -PROP SELF INS -Total GENERAL LIABILITY - PROPERT - Total 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK JOHNSON FITWELL -EQUIP WELLNESS - Total HEALTHCARE SELF INS FUND - Total City Grand Total $776.47 $776.47 $7,154.56 $7,154.56 $7,154.56 $653,905.91 REAL People RCL Ciaracter •REAL Community TO: The Honorable Mayor and City Council FROM: Chris Roberts, Fleet 8L Facilities Superintendent SUBJECT: Acceptance of the City Hall Hydraulic Elevator 8L Car Upgrade and Authorization for Final Payment DATE: June 28, 2024 BACKGROUND: • In May 2023, City Council approved a contract with Schindler Elevator Corporation, for $178,750.00, to modernize the City Hall hydraulic elevator and car. • The modernization process updates mechanical and control systems for improved functionality and safety. • In September 2023, the City Manager authorized a supplemental agreement with Schindler Elevator Corporation that included a flexible start date provision to accommodate uncontrollable delays in the availability of materials. • Work commenced on April 16, 2024, following acquisition of all components. • The project was completed in May 2024. City staff inspected the improvements and confirmed the work meets conditions for acceptance. The project was also inspected and approved by the Oklahoma Department of Labor, as required by State Elevator Code. • A final payment of $17,874.99 will result in a final contract amount of $178,750.00. FUNDING: Funding for this project is available in the Facilities Maintenance Budget. RECOMMENDATION: Staff recommends acceptance of the hydraulic elevator and car upgrade and authorization for final payment to Schindler Elevator Corporation, of Tulsa, Oklahoma, for $17,874.99. ATTACHMENTS: Final Payment Application Lien Release Application and Certificate for Payment TO OWNER: OWASSO CITY HALL PROJECT OWASSO CITY HALL APPLICATION NO: 3 Distribution to: ATTN ACCOUNTS PAYABLE 200 S MAIN ST PERIOD TO: OWNER ❑ 111 N MAIN ST OWASSOOK 74055 06/30/2024 OWASSO OK 74055 CONTRACT FOR: ARCHITECT ❑ FROM CONTRACTOR: VIAARCHITECT: CONTRACTDATE: CONTRACTOR ❑ SCHINDLER ELEVATOR CORPORATION PROJECT NOS: 09/26/2023 REMITTO: P.O. Box 70433, FIELD ❑ CHICAGO, IL 60673 -0433 ELEVATOR INSTALLATION OTHER ❑ CONTRACTOR'S APPLICATION FOR PAYMENT 1. ORIGINAL CONTRACTS UM .................................................. ............................... $ 2. NET CHANGE BY CHANGE ORDERS ....... ............................... $ 3. CONTRACT SUM TO DATE (Line 9 ± 2) ............. ............................... $ 4. TOTAL COMPLETED & STORED TO DATE (Column G on SO V) ........ $ 5. RETAINAGE: a. �,f Completed Work (Columns D + E on Schedule of Values) $ b. _,Wf Stored Material (Columns F on Schedule of Values) $ TotalRetainage ..................... .................... ............................... $ (Lines 5a + 5b, or Total in Column I of Schedule of Values) 6. TOTAL EARNED LESS RETAINAGE ................................ ............................... $ (Line 4 minus Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ......... ............................... $ (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE ................................................. ............................... $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issues and payments received from the Owner, and 178,750.00 that current paymentshown herein is now due. //07 0.00 CONTRACTOR SCHINDLER ELEVATOR CORPORATION 178,750.00 By: Date: 96/40f20£4 178,750.00 State of: GEORGIA County of: DEKALB Subscribed and sworn to befor Jacqueline Lubrun Poo II 0.00 me this 10 day of NOTARY PUBLlC p J N 2024 0.00 Notary Public: FUKon County, GEORGIA My Commission Expires 10/10/2026 is My commission expires: 0.00 178,750.00 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising 160,875.01 this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the 17,874.99 AMOUNT CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE 0.00 (Line 3 minus Line 6) $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ $ Total approved this month $ $ TOTAL $ $ NET CHANGES by Change Order $ AMOUNT CER1TM $ (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) ARCHfECT: By: Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Schindler Elevator Corporation @ill To OWASSO CITY HALL ATTN ACCOUNTS PAYABLE I I I N MAIN ST OWASSO OK 74055 -2923 CUSTOMER #: 5100073132 New Sales & Modernization Invoice ctii- Tn• 1n_format4 eP .. OWASSO CITY HALL '4alPC r►ffire I`t�.ontrO11PCt '^nSh 200 S MAIN ST Customer P.O.# : : Contract #: OWASSO OK 74055 Negotiation No. : 913890 :Contract dt: PH : 470 - 790 -8002 Order Number : 31095508 Chicago, IL 60673 -0433 Contract Amount: $ 178,750.00 918 627 1 116 GO Numbers : Q701 I Progress Billing - Elevator/ Escalator Installation Work value Retention Net Due Total Work Completed 178,750.00 0.00) 178,750.00 Less Previous Billed 160,875.01 Current Application 17,874'99 0.00) 17,874'99 TOTAL AMOUNT DUE - PLEASE PAY $17,874.99 00 - -- 09 10 12 13 14 15 16 Invoice Inrora lation Invoice Date : 06/15/2024 Invoice Number :7401615193 Bilh gTerms Progress Bill Terms: NET DUE 30 DAYS Final Bill Terms : NET DUE 30 DAYS All Invoice /Payment/Contract Questions to: Billing information Nparicuarters jlrwQice �� ..L� �� '4alPC r►ffire I`t�.ontrO11PCt '^nSh Remittance : Please use the enclosed envelope and remittance document when mailing your payment to KENNETH TOWNSEND Tulsa (5610) P.O. Box 70433 PH : 470 - 790 -8002 Tulsa Office Chicago, IL 60673 -0433 Fax: 419 - 867 -5381 918 627 1 116 Payment Terms : Terms must be strictly adhered to in order for the work to continue in accordance with the requested 'KrNNr:TH.TOWNSEND @SCHIMDt . rR.COM schedule. 95% PAYMENT IS REQUIRED FOR EQUIPMENT TURNOVER (OR PER CONTRACT TERMS). ra mento u te_ is g JEFFERY WOOD Email: JEFFERY.WOOD @SCHINDLER.COM This invoice is subject to revision based on final contract price. PH: 470 - 592 -5714 Fax: We hereby certify that these goods were produced in compliance with all applicable requirements of Section 6,7 and 12 of the Fair Labor Act, and of regulations and orders of the United States department of Labor issued under Section 14 thereof. PARTIAL WAIVER OF LIEN WHEREAS, Schindler Elevator Corporation entered into an agreement with OWASSO CITY HALL as evidenced by contract/purchase order(s) no(s) 31095508 dated , whereby Schindler furnished ELEVATORS AND /OR ESCALATORS to OWASSO CITY HALL for the project known as OWASSO CITY HALL at 200 S MAIN ST; and WHEREAS, Schindler has been requested to provide a waiver of lien upon receipt of payment on account of said agreement; NOW, THEREFORE, in consideration of the sum of $17,874.99 paid Schindler, Schindler does hereby agree to waive, relinquish and release any and all liens or right to liens against the project known as OWASSO CITY HALL at 200 S MAIN ST to the extent of the aforesaid payment for the labor and /or materials supplied by Schindler as represented by Schindler invoice(s) no(s) 7401615193. This waiver shall be binding and valid only to the extent that Schindler has actually received unconditional payment. Should Schindler fail to receive unconditional payment, then this waiver shall be of no force and effect. DATE: 06/10/24 Schindler Elevator Corporation BY: Invoicing Department sd REAL People • REAL CM1ara . • REAL Community TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Gold Star Family Memorial Donation DATE: June 28, 2024 BACKGROUND: In March 2023, Henry Bodden, a local military historian, contacted the Woody Williams Foundation in hopes of donating a Gold Star Memorial in his hometown of Owasso, Oklahoma. Hershel "Woody" Williams was a Medal of Honor recipient who devoted his life to honoring and serving Gold Star Families. Before serving in the Marines, Woody delivered Western Union telegrams informing families of the loss of a loved one. From those experiences, he was inspired to create the Woody Williams Foundation because he didn't want the sacrifices of the Gold Star Families to be forgotten. The monument took seven months from initiation to installation. On Memorial Day, May 27, 2024, the City of Owasso hosted a dedication ceremony in which Henry Bodden and the Woody Williams Foundation officially unveiled and donated the Gold Star Family Monument to the City. The monument is located at the Veterans Memorial Park and the in -kind donation is valued at $85,000.00. RECOMMENDATION: Staff recommends acceptance of the monument in -kind. REAL PaePle • REAL CM1enclar • REAL Cemmenlry TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 11637 North 129th East Avenue The Learning Experience DATE: June 28, 2024 BACKGROUND: The subject commercial development is located at 11637 North 129th East Avenue. Public infrastructure improvements consist of sanitary sewer, concrete, and asphalt work in the approach and deceleration lane. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in June 2024, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements at 11637 North 129th East Avenue. ATTACHMENTS: Location Map Attorney Approved Bonds Washington County RRW #3 Water Approval The Learning Experience M E1'6THSTN a fo qj� 0w �t � al ' E 1 _GT -H ST N 1° = 190 tt Location Map 06111/2024 RF}L Rhdd�4 REdL CMY / {'(�- W6F� CdF+�+Fy This rn p may rgresen-s a visual display of related geographic information_ Data provided here on is not guarantee of actual field conditions_ To be sure of complete accuracy, please con-. act the respcnsi�le staf for most up- to-date information_ Farris, Earl From: Wingert Shellie Sent: Wednesday, March 13, 2024 5:01 PM To: Hancock, Brandon; Lombardi, Julie Cc: Farris, Earl Subject: RE: The Learning Center Bonds for Review Hello Brandon, I have reviewed The Learning Center 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 $140,793,000.00 underwriting limitation. Therefore, the bond is approved Thank you, Shellie From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Wednesday, March 13, 2024 4:53 PM To: Wingert Shellie <swingert @cityofowasso.com >; Lombardi, Julie <JLombardi @CityOfOwasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: The Learning Center Bonds for Review Julie and Shellie- Please review the attached Bond and Reply all to this email with you findings Thanks Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhancock @citvofowasso.com ti V W n 1 Maintenance Bond PIIBIIVAT15ll, l[�'l[�`1AI`�CIE�D PUBLIC lll�/11�11�ci�V1vI`�I1ICI`�7['S Bond No: RCB0051 1 X17 KNOW ALL MEN BY THESE PRESENTS, That we Wilson Excavation, LLC. as Principal (Developer and Contractor), and RLI Insurance Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Thirty One Thousand Five Hundred and 00 /100 DOLLARS ($31,500.00) to 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 YEAR after final approval of the 'Sanitary Sewer to Seine The Learning Experience, 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, AND DATED: February 21 ", 2021 Wilson Excavan; LLC, Principal BY: RLI Insurance Company, Surety r BY: ' �& , Attorney -in -Fact Da na Harj° 0Ja%NNCE/CO ±�J• UO_._ SEAL .. •5 �4t'�INO� Attach Power of Attorney POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800 -645 -2402 Know All Alen by Tliese Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company ") do hereby make, constitute and appoint: William Cary Taylor Da ny a Hario Cindi L. Smith Sandra Crain, jointly or severally in the City of Tulsa , State of Oklahoma its true and lawful Agent(s) and Attorncy(s) in Fact, with fill] power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000.000,00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and /or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and /o' Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 7th day of Nnvernher 2023 . ^ loon,•, a AND uW WNNq, 9 OppOR ' SEAL If f SEAL: o� • �a NO`,5° % State of Illinois %� L; N ^ors'° SS County of Peoria JJJ On this 7th day of November 2023 , before me, a Notary Public, personally appeared Fric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: 1 G1 tl u Jill A. Scott Notary Public JILL A SCOTT 1 Notary Public -- - °, State of Ohio o My Comm. Expires September 22. 2015 ti RLI Insurance Company Contractors Bonding and Ins ante Company By: Eric Raudins Sr. Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and /or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in fill force and effect and is irrevocable; and fuutluermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractlrrs Bonding and Insurance Company this 21st clay of February , 2024 RLI Insurance Company Contractors Bonding and Insurance Company By: Q4kLA 13 jy� Jeffrey ict Corporate Secretary 33782530.1n212 2\0058D 19 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: RCB0051156 KNOW ALL MEN BY THESE PRESENTS, That we Wilson Excavation, LLC. as Principal (Developer and Contractor), and RLI Insurance Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Three Thousand Eight Hundred Fifty and 00/100 DOLLARS ($3,850.00) to 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 YEAR after final approval of the Approaches to Serve The Learning Experience, 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, AND DATED: April 25`x'. 202=1 Wilson Exca at' LC, Principal BY: RLI Insurance Company, Surety BY: ( , Attorney -in -Fact Dayna Harjo Attach Power of Attorney POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61,615 Phone: 800- 645 -2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company ") do hereby make, constitute and appoint: William Cary Taylor, Dayna Harjo, Cindi L. Smith, Sandra Crain, iointly or severally in the City of Tulsa , State of Oklahoma its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and /or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and /or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 7th day of November . 2023 . On this 7th day of November , 2023 , before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: chi Jill A. Scott Notary Public JILL SCOTT 137 CIO Notary Public G -¢• SEAL = SE -AL. c :',D Scotembrr 11. 2025 State of Illinois ;«I"o`s SS County of Peoria On this 7th day of November , 2023 , before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: chi Jill A. Scott Notary Public JILL SCOTT Notary Public 5tate of Ohio • t��gg�` = oy My Comm. Expires = :•�2y. o Scotembrr 11. 2025 RLI Insurance Company Contractors Bonding and Ins ance Company By: Eric Raudins Sr. Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and /or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com n and/or Co tra torts on in" ' n urance Company this day of � % IN RLI Insurance Company Contractors Bonding and Insurance Company By: Qk_, I '^' Jeffrey DLVicP V I/ Corporate Secretary 3578 2JJ0202 / 2 A0058 D 19 Farris, Earl From: Wingert Shellie Sent: Friday, May 3, 2024 10:07 AM To: Hancock, Brandon; Lombardi, Julie Cc: Farris, Earl; Wingert Shellie Subject: RE: The Learning Center Bond for ROW Work Brandon, I have reviewed the Learning Center 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 $140,793,000.00 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Friday, May 3, 2024 10:01 AM To: Wingert Shellie <swingert @cityofowasso.com >; Lombardi, Julie <JLombardi @CityOfOwasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: The Learning Center Bond for ROW Work Shellie- Please review attached bond and send back your findings by reply all. Thanks Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhancock @cityofowasso.com `��tTIF /F0 W A 1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: RCB005 1 156 KNOW ALL MEN BY THESE PRESENTS, That we Wilson Excavation, LLC. as Principal (Developer and Contractor), and RLI Insurance Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Three Thousand Eight Hundred Fifty and 00/100 DOLLARS ($3,850.00) to 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 YEAR after final approval of the Approaches to Serve The Learning Experience, 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, AND DATED: April 25`x', 2024 Wilson Exca at' �,LC, Principal BY: RLI Insurance Company, Surety BY: ` , Attorney -in -Fact Dayna Harjo Attach Power of Attorney POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 500 -645 -2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company ") do hereby make, constitute and appoint: William Cary Taylor, Dayna Harjo, Cindi L. Smith, Sandra Crain, jointly or severally in the City of Tulsa , State of Oklahoma its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and /or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and /or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 7th day of November . 2023 . AND pySG,,,' �SJppNCE OO %. ,'�•adD,NG . 9y i ��.c ' •'. �A'�. c •• DPP DRgr'. •. DRPDRA Notary Public �= 6 SEAL.,b' °a SEAL My Comm. Expires y -'•t;. « o State of Illinois ;��; " „ ° „5,• "' <<,; N,��S`' SS County of Peoria On this 7th day of November , 2023 , before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: c �� // l 4 i Jill A. Scott /j Notary Public JILL A SCOTT a (1 Notary Public r State of Ohlo i' - 0 My Comm. Expires y -'•t;. « o September 22.2025 RLI Insurance Company Contractors Bonding and In once Company C� r By: Eric Raudins Sr. Vice President CERTIFICATE 1, the undersigned officer of RLI Insurance Company and /or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the. Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comps and/or Co tra torts Bondingoo n urance Company this day of W RLI Insurance Company Contractors Bonding and Insurance Company By: Q D +C_�_ Jeffrey DL0ickU U U C_j Corporate Secretary 35782JJ020212 A0058 D 19 Farris, Earl From: Wingert Shellie Sent: Wednesday, May 15, 2024 12:35 PM To: Hancock, Brandon; Lombardi, Julie Cc: Farris, Earl Subject: RE: Bonds for The Learning Center (Concrete and Asphalt) Hello Brandon, I have reviewed the Concrete maintenance bond for The Learning Center 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 $ 3,1 16,000 underwriting limitation. Therefore, the bond is approved. I have reviewed the Asphalt maintenance bond for The Learning Center 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 $ 22,325,000 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Wednesday, May 15, 2024 12:29 PM To: Wingert Shellie <swingert @cityofowasso.com >; Lombardi, Julie <JLombardi @CityOfOwasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Bonds for The Learning Center (Concrete and Asphalt) Shellie Please review the Bonds attached and reply all to this email with your findings. Thanks Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhancock @cityofowasso.com 1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 100436680 KNOW ALL MEN BY THESE PRESENTS, That we Inside Out Concrete Inc. as Principal (Developer and Contractor), and Merchants National Bonding, Inc. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal SUM of Ten Thousand Five Hundred and 00 /100 DOLLARS ($10,500.00) to 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 YEAR after final approval of the Concrete Approach to serve the Learning Experience, Owner Owasso ELC, LLC, 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, AND DATED: May 10`x', 2024 Inside Out Co*retf Inc.. Principal ---� BY: Merchants National Bonding, Inc., Surety ,• BY: D� /e Gi2�29 •,••• i10•Ng4 k, Atto rney- in -Fact .Ncrufiq o� Dayna R Harjo Q = -o- '0 ov : 2003 Attach Power of Attorney MERCHANTS BONDING COMPANY,„ POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,, both being corporations of the State of Iowa, d /b /a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies ") do hereby make, constitute and appoint, individually, Dayna R Harjo their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of- Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding. Inc., on October 16, 2015. "The President, Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey -in -Fact includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of May 2024 .`��•P . �O� ... •... •• MERCHANTS BONDING COMPANY (MUTUAL) �t<O Nq CO y ?p1iPOR;9•�pt. ; lO,.RPO 9 . MERCHANTS NATIONAL BONDING, INC. � • U 99� :y.� % d /b /a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 ip ? : i 1933 c: . J • BY STATE OF IOWA "�•�•• "` • • • • • • President COUNTY OF DALLAS ss. On this 10th day of May 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tiPat As Penni Miller Z Commission Number 787952 • • My Commission Expires IOWA January 20, 2027 J otary Pu c (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Companies on this 10th day of May 2024 •`'•g 10 Nq +'•• •' LNG 00 •' y pELP0ipy p ; �O.O�P0,ov .'r -o- Oil: fit—:= -o- rr•. �i��i"'ir 2003 y_ 1933 �'�: secretary POA 0018 (1/24) ,4" MERCHANTS BONDING COMPANY, MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498, DES MOINES. IOWA 50306 -3498 PHONE: (800) 678 -8171 FAX: (51S) 243 -3854 Attaching to and forming part of Bond No. 100436680 Issued to Inside Out Concrete Inc. Effective date of Rider 5/10/2024 Amend Project Address: The learning Experience 11637 N. 129th E. Avenue Collinsville, Ok 74021 Signed, sealed and dated this SUP 0017 (2/15) IOth day of May 2024 Merchants National Bonding, Inc. ze -o- Z Q11 Z lie : s i 2003 By Dayna R Harjo, Attorney- in -fac; * MERCHANTS BON DING COMPANY,.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b /a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies ") do hereby make, constitute and appoint, individually, Cary Taylor; Cindi L Smith; Dayna R Hado; Faith Moat their true and lawful Atiorney(s)4n -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of- Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint A@omeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or its assignee, shalt not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024 - �10ly q • +. • • A MERCHANTS BONDING COMPANY (MUTUAL) ,• P � •., .• p�NG .. •. MERCHANTS NATIONAL BONDING, INC. CO ...OspORq�. p� : : �O�ORPOg9 -r� � dibta MERCHANTS NATIONAL INDEMNITY COMPANY -o- G:�: :rte': �' -o_ rn; v 2003 1933 : c; By ;•�y., ; ��; : :•.7d3`Y ' 1�' • President +•� ,�J �. •. ,: STATE OF IOWA +r••• ",�'.� • r • • • • • COUNTY OF DALLAS ss. On this 3rd day of February 2024 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. R�'AC s Penni Miller , Z Commission Number 787952 • �`° • My Commission Expires i IOWP' January 20, 2027 Nola b o (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF-ATTORNEY executed by said Companies, which is still in full force and effect and has rat been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of May 2024 . 'S10N4 � rn. -0- 0 1933 c,- ; Secretary . v . 2003 POA 0018 (1/24) " "�� ...... Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 9455340 APAC ' Central, Inc. dba Dunham's Asphalt Services KNOW ALL MEN BY THESE PRESENTS, That we - as Principal (Developer and Contractor), and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Nine Thousand and 00/100($9,000.00) Dollars - to 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 The Learning Experience, 11637 N. 129th E. Avenue, Collinsville, OK 74021 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, AND DATED: May 9, 2024 APAC - Central, Inc. dba Dunham's Asphalt Services Principal BY: Fidelity and Deposit Company of Maryland Surety BY: Attorney -in -Fact KiAp'lly Leonard Attach Power of Attorney ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies "), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kimberly Leonard , its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of January, A.D. 2024. By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND O sc ��% ` °`ud� 4O �`�,'• -= �,`�Pu`''...'.m^nao''' " 2rvi SEAL =mac = aiuSEALmi - vSEALI - lei; eat Yg 2ryp •• �C aquann,p�``�`` ..... ,nun On this 29th day of January, A.D. 2024, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. (enevieve Al. Maisnn GENEVIEVE M. MAISON n u• KOTARYPUBLIC ' YT's ;Otr2iK:':d�: CALTIMMECCUNrY• hiD 2ryp •• �C WCo missmErpmrsJANUAP.Y2 .,.2Q"f� ..... EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 0th day of May, 1990. R)SOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 9th day of May 2024 ,,:IIN,llrygry I"Ilugp .,J {�G�sV81fY •� {��INSI! I Inlull,,, c cep oP Oq Two% r! xo q =t�SEALm °�' 1 SEALm' �i °SEAL" J r ��IIII1111111t�Y1{,{`` ft!P\`` 0," Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196 -1056 www.rei)ortsfclaii-ns(a—)zurichna.com 800 - 626 -4577 Mill ! ! 17227 N. 1291h E. Ave., P.O. Box 70, Collinsville, OK 74021 -0070 Ph. (918) 371 -2055 • Fax (918) 371 -3864 ® TRS 711 June 12, 2024 City of Owasso Attn: Mr. Earl Farris, Project Administrator PO Box 180 Owasso, Ok. 74055 FAX 918- 272 -4996 efarrisa rtyofowasso.com To Whom It May Concern: The requirements by Rural Water District #3 Washington County, have been fulfilled and waterlines have been accepted for The Learning Experience, SWA of Section 4, Township 21 North, Range 14 East, City of Owasso, Tulsa County, Oklahoma. Sincerely, Jerry Gammill 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.C., 20250 -9410 or call (600) 795 -3272 (voice) or (202) 720 -6382 (TDD). REAL PPPPM • RFAL CNP,ecw • RE6L CPnununNY TO: The Honorable Mayor and City Council FROM: Julie Lombardi City Attorney SUBJECT: Proposed Amendments to Animal Control Ordinances DATE: June 28, 2024 BACKGROUND: Months ago, the City Prosecutor, Beth Anne Childs, in conjunction with Animal Control Officers Brandon Hemsoth and Christine Hemsoth, began discussing needed additions and amendments to the City's Animal Control Ordinances. These ordinances have not been thoroughly reviewed and amended since 2008 and have become outdated in many respects. Staff considered current best national practices and trends in drafting these amendments as well as existent ordinances adopted and followed by benchmark cities. Specific changes to the Ordinances are summarized in the attached letter from Beth Anne Childs. The proposed changes include, in part, expanding licensure requirements, prohibition of animals in certain areas and locations, and amendment of sections governing the sale of animals. In addition, although not included with the recommended amendments, staff is proposing increased utilization of feline trap /neuter /release programs. RECOMMENDATION: Staff recommends ultimate approval of the proposed amendments. This item will be discussed at the July 2, 2024, regular City Council meeting and the July 9, 2024, work session. ATTACHMENTS: Proposed Amendments to Animal Control Ordinances Letter from Beth Anne Childs dated April 23, 2024 ORDINANCE NO. AN ORDINANCE RELATING TO PART 4, ANIMALS, OF THE CODE OF ORDINANCES, CITY OF OWASSO, ADDING IN PART, AMENDING IN PART, AND REPEALING IN PART, VARIOUS SECTIONS; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION ONE (1): Section 4 -101 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -101 DEFINITIONS. The following words and phrases when used in this ehapte Part 4 shall have the meanings prescribed in this section except in those cases where the context clearly indicates a different meanings to Collar." A.,., .,1 L....,,o.,,.,.lo ....11.,.- L..,. @ss pablo ..F ., 11.....:.�.., r.,.. .,.1104- leash to be, ., F4:., o.l ...L.:..L. ddoe's not pAllgo i taitiFy to the ., .,1 Adequate Shelter means a structure or area of structural soundness with three (3) sides, a waterproof roof, solid floor, adequate bedding material, positioned to allow for protection from north and west winds, proper ventilation, and which is suitable for the species, age, condition, size, and type of animal which is safe and protects each animal from injury, precipitation, direct sunlight, adverse effects of extreme heat or cold, enables the animal to be clean and dry, and is 6" longer than the animal, nose to tail, and 6" taller than the head of the animal while standing, allowing for retention of the animal's body heat. Wildlife, livestock, and other non - domesticated animals normally residing outdoors shall only be required to have appropriate shelter from extreme weather through natural or artificial means available to it to protect the animal. Altered Animal , o ° ^° ° -1 ,,,,,lo f@R4,10 .A44i,.4 4as y,00.. suWisally alto.-@4 to pr-@v@ t . means an animal that has been spayed or neutered. Neutered means a process performed by a veterinarian or other person authorized by law which removes the reproductive organs of any male animal. Spayed means a process performed by a veterinarian or other person authorized by law, which removes the reproductive organs of any female animal. o., lrh 0401FIo T 444Rd Qrnroo OF ;F;..ally so designated to by the Oklahoma lVil 11;Fo C- onse-p tion C.0- - m-ission � 3peorriocsn�.rozcc �cccccv�ca�o�rr�ovaocr -vunvri- cvmrrrro.rros Animal Control Officer means the person or persons employed by the City in the Police Department under the control and supervision of the Chief of Police as the officer or officers in charge with the duty of enforcing the provisions of this Part 4 and others relating to the control of animals, to include commissioned police officers. Animal Shelter means any premises officially designated and operated by the City for- including the actual premises where animals are regularly kept, or places where the Chief of Police may designate for the purpose of keeping or impounding stray, neglected, abused or seized animals and provide adequate care. The Animal Shelter may also include facilities to provide for animal adoptions, education, citizen involvement, and spaying or neutering of animals. Animal Welfare Group means a 501(c)(3) non - profit organization which is registered and approved by the Police Chief of the City of Owasso and has a purpose to provide for the welfare and /or protection of animals. The registration may be revoked if any member has a record of cruelty to animals, is under eighteen (18) years of age, owns animals which are in violation of any requirements of this Part 4, refuses to comply with the adoption requirements of the City, has released two or more animals to the custody of the City, lacks adequate housing and /or fencing to contain the animals, or has a conviction in Municipal Court for violation of this Part 4. atiifflals, ,.1,,,L. CRmmiq, At Heel means an animal within a radius of ten (10) feet of the owner and obedient to the owner's commends. At Large means . an animal that is (1) off the premises of its owner and not securely and physically restrained by means of a harness, leash, or other device designed to restrain such animal; or (2) not confined on the premises of the owner or at heel on those premises. Commercial Kennel means any business or establishment, whether operated separately or in connection with another business or establishment that keeps, boards, sells, shows, and /or trains does and /or cats for Drofit except for an Animal Hospital. Confined on the Premises means the condition in which an animal is secured and physically kept, restrained, restricted or contained on and within the premises of the owner by means of walls, fences, leashes or other devices designed °t4e!0S F@ IGh P440 °' °� ^^ ^a ° ^�� ^ *° to contain the animal at all times. Dangerous Animal means an animal whose behavior, temperament, size, or any combination thereof, when considered under the totality of the circumstances, including the nature of the surrounding area, constitutes a reasonable risk of injuring a human or animal or damaging personal or real property. That behavior includes, but is not limited to, an animal biting, or attacking, or attempting to attack a human or another animal. However, this definition shall not apply to any animal that has been subject to provocation or if the victim has been trespassing as set forth in the Code of Ordinances. Feral Cat means a cat that was either born in the wild or has reverted to a wild state due to abandonment or lack of domestication and has no owner. Any feral cat which has been captured and neutered or spayed and returned to the wild shall continue to be classified as a feral animal. Foster Home means any premises owned by an individual who works under the direction of an approved Animal Welfare Group registered with the City who will take in stray or unowned dogs and/or cats, or other animals, for the purpose of providing temporary care up to six (6) months for each animal. A temporary care extension may be requested and granted for up to an additional three (3) months for an animal if there is proof of a documented medical condition that requires the extended temporary housing. 71.,,..Rel .. iet..p t ,.440 1�@@J9S 1..,.-bOFS f i9FO4t B o Ohwa. 4-A *o 4 .1....� ., ` o PZ eats 0 F rho ., 41441@x., (901 4aN'S 014. C,,..h ., C- 1-ass ;F ;o.l ., .,1 ftaPdfe- Livestock means cattle, sheep, horses, goats, donkeys, mules, and other domestic animals ordinarily raised or used on a farm. Veiv Own-or means a i9eFSOR W-110 is eighteen yeaFs of age OF OlEleF and le�xally competent who Nuisance Animal means an animal that (1) Damages the property of anyone other than its owner; (2) Habitually prowls around, on, or over any premises not the property of its owner to the frequent annoyance of the owner or occupant of those premises: (3) Habitually overturns any garbage can or other container; (4) Chases or kills any domesticated animal or domesticated bird; (5) Annoys or disturbs any person by loud and frequent barking, howling, yelping, or causes noise in an excessive, continuous or untimely fashion/manner so as to interfere with the reasonable use and enjoyment of neighboring private premises; (6) Habitually or repeatedly chases, snaps at, or barks at pedestrians, joggers, bicycles, or vehicles; (7) Disturbs the rights of, threatens the safety of, or injures a member of the general public. Owner means any person, firm, or corporation owning,''° —.-g or keeping an animal, e� k@p,a @l ^r ^^ri @toF the occupant of any premises on which ^ a^^- °stigat °a ^r awie- an animal remains; and provides food or water regularly for the animal or regular or ongoing non - emergency medical care ^r fo T °h;,.h it ,.,.,.t,.....,.-;1; for a period of €ems (fl seven (7) days or more, ';ha 11 ho .100.,,0.1 r., ho L..,, -h..,- loo.- .;.... rL.o ., .,1 or g !@g al tit!@ to any animal o possessitig fie 1egffk 4L- is identified by a City pet license or microchip registration. ; of a perse X11 �1� .,h, ., �a a-,,; .7..a. o�r:...,ro.7 does, ..ors fescue Organization means any facility operated by a 501(c)(3) non - profit Animal Welfare Group Formatted: Font color: Dark Red where dogs and/or cats, or other animals are kept and are provided temporary housing for an animal °h, r°rl, °r °a : " 1 ,, ".,° R 4144 , rl,° P °. t., 41AitS 4 4S ° Or v ° °9°r- —I Formatted: Strikethrough i3raiget4v. hi all eases, fe4faift�s shall be, sii4T�pip 14.,ViR. . 914'SiGal .....,r.,..t W414 " .,:rL, ' "" °tea °a ..1, :14@0 Formatted: Strikethrough Formatted: Strikethrough Service Animal means a dog or miniature horse that has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The Americans with Disabilities Act (ADA) rules provide that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are purely for emotional support, are not service animals. Unprovoked Me means aftNI l4eEleefed t F8N'RcafjR4j" AR fhAf fe-;*H is de€ined JR414S �j°^ an act of aggression towards an animal or human that occurs without apparent cause, reason, prompting or motivation. Public ate eFty it 1s al with ., .1., .;sigositio . to .,rr. elk .,1- WitkOlat i9 ...,r O .1...... ..rho.- ., „1 O o.l OF h.,.- h... -o.7 p ri1v or not teased, torfflet4ed, or abused iq h 4@ .,1 p ..wetiaR its ., .- rho 0- "41A .,1 .,.. r:..:r., h., ., or.-. 44r Rf ., ..rho.- rh, -o.,r SECTION TWMUtf>c (2-3): Section 4 -102 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -102 ANIMALS NOT TO BE AT LARGE ., 11 .,1 .,..1,,4:.... f..,..1 o..r ., ...,t .. o.l h.,,- h.., -o.l OF ko..r h., to be at 1.,,- e . ithi the City. it :'; ..lawfi,l FO.- aRV animal, except ., ,..,r to be at large at any A. It shall be unlawful for aU person to knowingly or unknowingly permit their doe to be at large anywhere within the City limits. Any doe so found may be impounded and /or the owner cited by the City. B. It shall be unlawful for any person to knowingly or unknowingly permit their cat to be at large unless the cat is altered and current on its vaccinations as required by this Part 4. C. It shall be unlawful for any person to knowingly or unknowingly permit their fowl or other animal to be at large anywhere within the Ci limits. SECTION THREE (34): Section 4 -103-2 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -103 TURNING ANIMALS AT LARGE UNLAWFUL It shall be unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large, or in any manner to turn the animal at large. SECTION FOUR (4): Section 4 -104 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: csG,T10- N 4 144 It is unlawful for any person to keep swine, ahog, pig or boar within the City except in an enclosure SECTION FIVE (5): Section 4 -105 of the Code of Ordinances of the City of Oklahoma, is hereby amended to read as follows: fenced enclosure which shall be no less than one and half (1.5) acre in size ° °^ °^* a--^r 4@4 below. Livestock maintained and utilized for an educational Durnose administered by an ;lit" — i— t;t „t; to the restrictions below establishing the number of livestock that may be maintained based upon the size of the fenced enclosure. de. e fffiit e b° 41-- s R-If 4 One livestock animal may_ be maintained for each 1.5 acres within the fenced enclosure. D. The owner or person in charge of livestock maintained in a fenced enclosure i shall provide fences or barriers of such height and sufficient strength as may be necessary minimum of fifty (50) feet from adjoining residentially or agriculturally zoned property. This provision shall not apply if a dwelling unit is constructed to encroach upon an existing livestock use, except that such livestock use may no longer expand toward the newly established dwelling. This provision is not applicable when livestock are maintained and utilized for an educational Oklahoma , g- Rhatfe-.....:s ddefined by this el. �. E. The owner or Derson in charge of Dremises where livestock is maintained :° ^^ -d- t; the public, and must clean or cause to be cleaned the premises each day and remove and dispose of all trash, refuse, rubbish and animal excrement each day an animal is kept penned or contained in or upon such premises. VA Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted SECTION SIX (6): Section 4 -106 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -106 KEEPING OF CHICKENS Chickens, which includes laying hens, may be kept in all residential areas so long as all of the following conditions are met: a. Chickens shall be maintained on land upon which the owner or occupant resides. b. No more than six (6) chickens or laving hens and ten (10) chicks are allowed per parcel. C. Roosters are not allowed. d. Chickens shall be kept within a designated chicken coop and chicken run unless supervised and contained within a fenced yard. e. The chicken coop and chicken run shall be located in the rear or backyard of a residential Property. No part of a chicken coop or chicken run shall be located in the front yard. f. The chicken coop and chicken run shall be attached and shall be set back no less than ten feet (10') from the side property line and no less than ten feet (10') from the rear property line. The chicken coop and chicken run shall be set back no less than twenty -five feet (25') from any dwelling unit other than the owner's. Moveable chicken enclosures are permitted so long as they meet the setbacks indicated in this section. g. During daylight hours, chickens shall have access to a chicken run and a chicken coop. h. From dusk until dawn, chickens shall be kept within the chicken coop as protection from predators. i. Chicken coops and chicken runs shall be predatory resistant. i. The outside opening of any enclosures shall be screened to prevent the spread of disease by flies and vermin. k. Water shall be provided onsite and accessible to chickens at all times. 1. Chicken enclosures shall be cleaned regularly to prevent an accumulation of food, fecal matter, or nesting_ material from creating_ a nuisance or condition due to odor, vermin, debris, or decay. M. Outdoor slaughter of chickens is prohibited. n. Electrical and heat sources for chicken structures shall comply with the City's building codes. SECTION SEVEN (7): Article B of Part 4 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: ARTICLE B "RTE S- 17 A- G,GiN gpiON REGIS-Tn"4410-N TAC "ern FEES KEEPING OF DOGS AND CATS WITHIN THE CITY LIMITS SECTION EIGHT (8): Section 4 -107 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -107 NUMBER OF DOGS AND CATS ALLOWED A- It is unlawful for anv person to harbor or kee Within the eiP� liffi-ifs; more than three (3) does and three (3) cats. This limitation shall not be applicable to any litter of puppies or kittens for a period of ninety (90) days from birth if saes the puppies or kittens are bom unto any adult dog or cat permanently maintained at on such premises. SECTION NINE (9): Section 4 -108 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -108 REPEALED-ADEQUATE SHELTER AND TETHERING A. It shall be unlawful for the owner or person in charge of anv doe or cat to fail to provide adequate shelter as the term is defined herein. k@igt i ^ ^ °^ lot OF °^c;!OSHF@ OF ^^ C.,.,,, 11 • A.: qd,; T..,/ L.r:rF Z G o ..L.r 144 � sottare feet, 1~`oFty, e xht /44�^ , E B. It shall be unlawful for the owner of any dog to keep or maintain the animal on a tie -out, tether, picket, or similar device consisting of a rope, cable, or other type of tether without access to water and shelter. It shall be unlawful for the owner of any dog to keep or maintain the animal on a tie -out, tether, picket, or similar device in such a way as to subiect the animal to entanglement that could cause the animal any injury or clear discomfort. SECTION TEN (10): Section 4 -109 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -109 SANITATION AND ANIMAL EXCREMENT A. All owners or persons having charge or control of any premises where the keeping of dogs or cats are permitted shall pick up and remove daily from the area within or upon which such dogs and cats are kept or maintained all 4HPit, and animal excrement, and shall thereupon place or cause same to be placed in an enclosed, fly-proof container. The owner shall further prevent any offensive, disagreeable or noxious smell, stench or odor to arise from such area within or upon which any dog or cats may be kept or maintained. Upon failure to comply with the provisions of this section, the keeping of dogs or cats and the area within which they are confined or restrained shall constitute a nuisance, s „h: ° ^* to a4at@-^ °14 as ^a ^a .N4444H *h-^ C ^a^ R- -f 0-F ^ °° B. It shall be unlawful for any person to allow an animal within their control to defecate on public or private property, other than that of the owner, unless such person shall immediately remove the excrement deposited by the animal in a sanitary method. SECTION ELEVEN (11): Section 4 -110 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -110 REPEALE W. REGISTRATION OF RESCUE ORGANIZATIONS, ANIMAL WELFARE GROUPS, AND FOSTER HOMES ^al ^r Eiaali4@d ,n °* °r' ^^ °° All rescue organizations, welfare groups, and foster homes shall apply for and receive a permit from the City prior to be_ ig nning operations. Applications €ef shall be submitted in writing to the Owasso Animal Shelter; and the A p:., ^1 chy -Ater applicant shall be notified in writing of their acceptance or denial for a permit within thirty (30) days of the application. .,11 b@ i9@Fmit4@d r., ., 44.7 Loop at a ..lo F.,. ilv 44@11:...., .,,ho. 4. ORS .,.1.1 ,..,rte that pefffiiffed in s4se4ioti 4�, provided, however, that the i3effiii-t- lh-Relld-Lef q-414WIll 4-4-R-t- faill-R-4,A" thR-A rl,o .,,..,,ho,- .,F.1.,..� .,1,.7 eats J9@rR444@4 : labs@64014 (A \ 01444P 11 17 � f rf ;hall ho, � hO -- - �. to ranc., R-RAW;R-1 tO g111.w14 r., ,- Ad.0.,, i oetion will F 111r iQ RAiRQ Of rllo L101.104-11 ,- The total number of animals allowed by a rescue permit holder or foster home shall be no more thanes A maximum of four (4) dogs; or''. ^ MaNi m11^ Of six (6) cats. The total number of dogs and cats may not be combined. e4v 1141 :..71 r1„go 4.1.1:mal rl,o ., iglig.1.1r ig 's to -h-ous0 G44@ f 11..1144. ,L 571.111 ., ..11, W 410 .. .. r:.,.. 4.1.11, i9 1,.1.1ri w4ic,h ha-,; obtaiam Prs- (;Ode-, ,;Vctioa approval a144 4as i9FON44@4 Goigi@s 4 t4e apigFevioR ,..71 stag s to 4710 C7lolro.- 3. ..lo f .,, :11, .111,011:.,.. 11,71., 71.11,0 b@@14 ., ,@ h1, @it4@,- ., .,lig@ ., .,,.,1 ,- C..o..:.,1 !`:,- ter.,.... o& \x7.,:1,0, - A .,1 1`0 .. ..ro.7 r.. ., .- 71:� 4@f- 4@Sj .1,0 !=1 aj4t:.1e 4 s 1..71 1 1,:11 .111..,1, t1w iq w1 ;r 4014@r- to 71..1.E C-UP4 ..f 1201:..0 or 7„,; Rr her r710 fOIIWA414�,L LjlaaligGations 4:R4,1.4 1`0 or r....l.r.,:., ., ter., 10 De..111.rly sek@7111e4 a14 ..4al', he ...1,,..ro.l 11, the A 111, Go ig!ai 1r A!@ (4 4 ., 444bo -.-ems: 444. . i rho 1 nit-v 0414@ .1e1-.ait i104ti10 skafl- Jae .17aiat :,; 4)4144d to he 1 ..l.,te .ti1;r 11..1.70.- .tit he .. -d .tit ,mot e,.t the .7ef done. within th,-ee (3) .7.11,E if the a14- 1,..1.70.- : .1.1h1e t., e,.t s 1..h dgf gjgj1..1, .1:1S t,. ,70 the ial .,,�t.,.1.. e� ;vaivpw , he r 'Ok@ 7 h1, the !`h:eF .,F D.11:..e OF h: Of 4. The Chief of Police or his or her designee, may revoke the permit of a rescue organization, welfare group, or foster home the sig@ei.1I e :,-,.11..1 °tan-^ °° ;*ail, for any reason and at any time to ensure proper care for the animals housed or to ensure the health and safety of Owasso citizens. 1. T,'1,e.,iptian f.04: .11 's- D 11,he ., Fib@ 7 ., .,1 violfft@ au city, 0,-.7:A.,A..e The CUP f Of D..1 .,, est au e .7;.- e..re.7 t.. the City TA.1.1. g@r 11 hR ham F:.1.11 .,11thorit1, .11-4in. . the e igtio.1 04 the .,1 .. rto e .. a., r:.. OF safety Of the .111h1 ;...1.1.7 O aPiHOVed, ..1Le the e ,-.60H f ,- SECTION TWELVE (12): Section 4 -111 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -111 . RESERVED SECTION THIRTEEN (13): Section 4 -112 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4-133 4 -112 FEES FOR r>`,runrr>`rWN-G AND CHARGES A. The Citv Council by motion or resolution shall determine the fees to be charged for the care, disposition, and impoundment of animals. 4.,1, 41Fin. . 11,h: h I h--as hee fle 7 sh.,n he ,7ee.,,e,7 ., 731n .7.11, Fees may include, but not be limited to impoundment, room and board, sterilization, special equipment or services, veterinary care, quarantine and impoundment of animals that injure humans or are suspected to have rabies, relinquishment, dead animal disposal, licensing, and others as deemed appropriate. B. Any person redeeming an impounded animal shall pay the required fees to the Animal Control Officer. 11 r4@ F l:e@asig, x .f rl,o „1 it No ig@rSOQ I;l..,ll 0.7oo.ti. a .,1 44Rr SECTION FOURTEEN (14): Section 4 -113 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -113 ANIMAL CONTROL OFFICERS AUTHORIZED TO INSPECT The Animal Control Officers, are specifically authorized,. upon complaint of any person or their own initiative, shall inspect any structure or place where an animal is kept, and ma-y 4o so an 4i-s ew^ �" irxr mrc Mi . _. rci . _. a ° °. He may issue any such reasonable order as he may deem necessary to the owner of the animal to cause the animal to be kept as provided in this chapter or in a manner so as not to constitute a nuisance. ^1°i ^r'b4 r° t4@ frMaieipal ia4R@ aRain °r .,11 not .,4, -i4R@ t4@ ,-iR4t ..F ot4@4 r., _M --- loo I ,..1... SECTION FIFTEEN (15): Section 4 -114 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -114 BREEDING PLACES It is unlawful for aU person, firm or corporation, to establish, keep, or maintain within the corporate limits of the city any places, houses, yard, or pen, for the breeding of animals of any kind, SECTION SIXTEEN (16): Section 4 -115 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -115 RESERVED A. _ of- H9014 au strM, lo., or igHbl:.. ,-.1.,..0 .Wild+. t4@ ,.:r., OF tO 1.,,,-., „RN, 4@a4 ., .,1 F ..,1 ..,:rl i v.od r,-., �1, 4:PP I4. sal'a@ to ., 414o A-44 i 4:H R-1 GRQ r. 111 ff Po.-,.,1 R S14 all (4isigeS@ 4 rl.o .,:r.,. ad] .lo,,.l „1s R+144 b@ n @rlV i4:nr90noi4 ..f,.,:rl,:., 74 1,Rukr,; of ,lo.,rl, 12 D. It iq the dutv of any ,..1, W -hR , clead ^ ^1 AA 44 i.,,^1 !` ...,r.-..1 C „��FSAF�Sli311 .for hh�- 11cmxl�Li�s i l•v�sr ^1 F The, RHAA,fter Of atiNI ,123 2fSOH ift 6-IA'Al199SSessi9tiS &in�rnrn SECTION SEVENTEEN (17): Section 4 -116 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -116 CERTAIN ACTS ARE PROMBITED DOMESTIC HONEYBEES Domestic honeybees may be kept under the following circumstances heFein^f4°r i) 'id °a r^ Wi* A. No more than two (2) hives shall be maintained for each 1/4 acre or less of lot size on any ht B. No hives shall be maintained within twenty (20) feet of any lot line of the lot on which said hive is located; C. Between each hive and the neighboring lot in the direction of the hive entrance, the hive owner shall maintain a hedge or a screening fence that is at least six (6) feet in height, to be located within twenty(20) feet of such lot line, and to extend the entire length of such lot line: D. A supply of clean water must be furnished within twenty (20) feet of each hive at all times between March 1 and October 31 of each mar E. Hive owner shall inspect each hive not less than four (4) times between March 1 and October 31 of each year. A written record, including the date of each such inspection, shall be maintained by the owner and shall be made available to the Chief of Police of the City of Owasso, Oklahoma, upon request; F. The hive owner shall provide written notification to the City Clerk and r'j^ Chief of - polig^ of the City of Owasso, Oklahoma as to the existence of the hive, as well as certify as to notifications of adjoining property owners of the existence of the hive. Hive owner shall place written notification on the property in a conspicuous place so as to inform the public of the existence of the bee hive. lifflits of the eiLt tai 14a+bor, Loo., 1.,,..o igess@ssioa of any vieioos 4o. x as 14@ 2. All.,;..^ .1.,.. to h^ L ^.,r ^r 1 .1,,, rl,^ ...1 of ^ :4 of Fabi@s afro..- 13 SECTION EIGHTEEN (18): Section 4 -117 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -117 REPEALED-. REPTILES A. All reptiles held as pets shall be contained within secure habitats capable of preventing escape. B. It shall be unlawful for any person to knowingly and intentionally harbor, possess, or keep large reptiles, such as snakes, or lizards that are capable of exceeding forty(40) pounds at an adult age on any lot, or any venomous reptile on any premises or in any structure. C. Any species of reptile not indigenous to the State of Oklahoma shall not be released or abandoned by their owners and /or handlers in the City of Owasso. SECTION NINETEEN (19): Section 4 -118 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -118 PROHIBITION ON KEEPING WILD AND EXOTIC ANIMALS; A- It shall be unlawful for aU person to keep, harbor, maintain or have in his/her possession or under his/her control within the City � ° *e @igt ° i^ r,) any venomous reptile or other wild animal, insect, or other exotic animal not generally recognized to be domesticated or which, because of size, vicious nature or any other characteristic. The provisions of this Section shall not apply to veterinarians harboring such animals for pumoses or providing professional medical treatment; provided that, all animals kept pursuant to this exception 14 shall be confined in quarters so constructed and maintained as to prevent escape.. jgF @s @t4s ° a °•• ^x to I+ufnan bein�xs, and shall incluElPe but not be, I-ii-m-itted4o- 1 TL,o 4W1.. o CI A, ;, T 4A4"..ti., l,-. oF L except common iv ceTn ccc !`.,.,:.l.,o 0A' @S ,,.tom .,..L.,1S 4:. eOS F i@S .,.,.1 tl,o 44-iccaa- 4.:1.7 ,.1,,,1,. A444 ,. l,.,l., -:,l r,. ,.l,,,l,. l.,,r ARt 1:.,.,itPd r,. wolf-, ,.r,. af-,1:.,,.,. .,., r�-"a"rrixi9= rrv�SE�2�� £3EEe0ir. �E� OfElef Elefif4a Sl9inS3i:s23s2fS3fid— Aiv (e) OFCIeeDh moo_ oie f#) PfiffiatA l oFAEeN�s, c-hi ees, and-�er':'�as ..F Rmai--M R- I ...L,..L, r.. L,,,.ti,,,,, h@jJ ..S Wj4@tl4@r :rte b,� bite, Stifle, tq the keeigiiie bees iqilFpOS@S Of 14040., o..t ElOf @St L,...,o..hool .,.lo,- tl,o .,FA.H4GeS Di T44 INF\F'D DD IIA IiTIF'Tl iTT CF'!`TitIAT 1 11 15 16 17 SECTION TWENTY (20): Section 4 -119 of the Code of Ordinances of the Citv of Oklahoma, is hereby amended to read as follows: SECTION 4 -119 RESERVED It .,11 ho 11.,1.-4411 F ,- ., A t„ .111. *7 R .,1 ;A74hiQ th P,4 „401 to dw f ,..,ro other- than that of the O .doss S 1..h ghA11 ediAtol o rho Formatted: Strikethrough, Highlight SECTION TWENTY -ONE (21): Section 4 -119 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -120 RABIES VACCINATIONS REQUIRED `.�rrse,ESS ne�e,e�reeeenseee�sseR!ess r documentation of the rabies vaccination readily available and shall promptly provide such documentation to Animal Control Officers or other city officials upon reauest. SECTION TWENTY -TWO (22): Section 4 -121 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -121 REGISTRATION OF IN -TACT DOGS AND CATS giving the animal control officer the name and address of the owner, the name, breed, color and sex of the animal, as well as the date of vaccination and by whom vaccinated, and such other 18 Formatted: Strikethrough Formatted: Font: Not Bold, Strikethrough Formatted: Strikethrough Formatted: Font: Not Bold, No underline Formatted: Normal, No bullets or numbering Formatted: Font: Not Bold, No underline, Font color: Dark Red Formatted: Strikethrough Formatted: Strikethrough reasonable information as the animal control officer may request. Each permit issued shall be Formatted: Font color: Dark Red effective for a period of one or three years, at the option of the owner. It shall be issued upon payment of all required fees and verification of rabies vaccination sufficient to immunize for the entire permit period. Voluntarily licensing stations operated by a 501(c)(3) nonprofits or Formatted: Font color. Dark Red veterinarians may retain $4.00 of the pet licensing fees with the remainder of such fee amounts to be remitted to the City. Formatted: Font color: Auto Formatted: Strikethrough 41, ,q .mot to th° ' h °1- °.,f an- s 1..h F ist @F S14all Sh.,11, Rh_ @ d4 t° R4 4w : 4 Formatted: Indent: Left: 0 ", First line: 0" °d mod shall d@Si.14.,t° th° s ° th° Rf thy-, a ..1.11 aM 1 St.,t° ., .1,-11, the ., 0104- and h4-° °.1 of q 1ph animal C,,..L. ,- :mot, t:.... SL.., 11 F,,,- tL. °,- SL..,.., tL.° .l.,t° Of ..,h,.. ..te 19 Formatted: Font: (Default) Times New Roman, - Strikethrough Formatted: Normal, No bullets or numbering Formatted: List Paragraph, Indent: Left: 0 ", First line: 4411 th° ,l.,t° 4 iSS'd 114..° th° ,l.,t° O, °.,r :,-.,t:,.. th° Of th° °h ^ °° ;044 0 ", Numbered + Level: 1 + Numbering Style: A, B, Q ... +Start at: 1 +Alignment: Left +Aligned at: 0.25" + RAMP 141JR44 IiRR Indent at: 0.5" SECTION TWENTY -THREE (23): Section 4 -122 of the Code of Ordinances of the City Formatted: Left, No bullets or numbering of Owasso, Oklahoma, is hereby_ amended to read as follows: Formatted: Strikethrough Formatted: List Paragraph, Indent: Left: 0 ", First line: SECTION 4 -122 *IGIOUS ANIMALS. DETERMINATION, AIAV BE ALLLn 0 ", Numbered + Level: 1 + Numbering Style: A, B, Q ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" PROHIBITION OF DOGS AND CATS IN CERTAIN AREAS \ i �� Formatted: Font: (Default) Times New Roman, Strikethrough g 40. x 1 1v 4if F ,,.4.1 to h° .4.1 ,..h ° °.4t to .. Formatted: Strikethrough -.t°.- it .,1S^ h:S .7 „t., b x th.,t °S ^f h.,,- h ^.- :.,..., ^1 \ 14 @iH. 14044@4 e14a-.. Formatted: Font color: Dark Red Formatted: Strikethrough Of .4.1:.4.. th °.. .,.4.1 :., rh.,t ° °.4t th° ., .,1 qh.,ll h° .1 °mot,- .,., °.1 .,S Formatted: Strikethrough that ' 1ch a 144.11 iS F90144 h1, th° :11.4.° to h° .11 it is th° .lilt., ..F th° ., .,1 ....., t.-..1 vieio'as Formatted: No bullets or numbering ” Formatted: List Paragraph, Indent: Left: 0 ", First line: /0 ", Numbered + Level: 1 + Numbering Style: A, B, Q ... + Start at: 1 +Alignment: Left +Aligned at: 0.25" + Indent at: 0.5" wit4wat .111° .4 a401, biws 14444 or th° . 4wr .1ttaeks .1t4°14414ts to biw or .1t4aeL 14:.44 o f th° Formatted: Not Highlight Formatted: Strikethrough Formatted: Font: Not Bold, No underline, Font color: Text 1, Strikethrough Formatted: Strikethrough 19 Regulations pertaining to the prohibition and exceptions of live animals on the premises of a food establishment as set forth in the Oklahoma Administrative Code shall be enforceable as if set out in full. SECTION TWENTY -FOUR (24): Section 4 -123 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -123 D0GS_ AND D r z Tcrn REPEALED an eigidemic of .-oh:oo rL„- o.,ro.,� the :t„ the eounGil, h„ ..1 „60H may ..,-.lo,- all .1.. s t,. ho h„ t4@ it C,,..l, 01 „t:0,4 or aa a4@L,aaw 140tie@ of its i9 s4 all 4@ ..4lisl4@ I4. SECTION TWENTY -FIVE (25): Section 4 -124 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -124 REPEALED T T,9014 t4@ : Rf „ l:..o.,no rl,o ., .,1 ....44#01 04:f:..o4- Il,.,ll @rA, ., rb@roa r.,.. to 4 f p-d r0 rf,o ....11,,,- 441,0 40 x Gat OF f@ff@t T4@ r,,.. Shall b@ „ .r 4 4140 40 x Gat 0 Or be-, 41PIAWfill 44 4aq,,;4�g SECTION TWENTY -SIX (26): Section 4 -125 of the Code of Ordinances of the Citv of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -125 NONRESIDENT; FAILURE URE Tn COMPLY REPEALED 144all ho,,.,l. wf +ll f ,-.,1w 14 44@1,r ,.,-,.rl, o,-,- r., 41:l r., ,-.1,, ,,,: rL, rL,o ,- .,,.:�:...,� of rL,o SECTION TWENTY -SEVEN (27): Section 4 -130 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -130 ANIMAL SHELTER ESTABLISHED An animal shelter is hereby established under the jurisdiction of the police department. It shall be under the immediate control of the animal control officers or of such other person as may be 20 Officially designated. The person in charge of the shelter shall provide proper sustenance for all animals impounded and shall treat them in a humane manner. The city may ^^ ^TM°^* TAAA-h ° ^^r',°+ ., F F rho „moo "f Am A .,1 �holro,- .,,.,.,r.,., o.l h., rho ., SECTION TWENTY -EIGHT (28): Section 4 -131 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -131 AUTHORITY OF ANIMAL CONTROL OFFICERS A. Animal Control Officers: 1. May seize and impound any animal found at large in violation of anfprovision of ordinances of the city; 2. May enter upon the property, yard, enclosure, garage or shed, of the owner or other private premises to take such animal into custody, whether in the immediate presence of the owner or custodian or otherwise as provided; A h,;o..r ..r .. .,r ter.,.... o� :11 .,.,r ....,Lo o... .,. ., �:.1 „w ,.fde 4. May seize and impound any abandoned animal, any 4a4c4 °°'' animal required to be licensed by this Part 4, apw F,....,,1,. ° °1 in 44P-Q -t 44,.r tifinea apw listefili,e aoT at not e*ew,i4t-, any *i -- o aH4R� dangerous dog, any animal which is a nuisance and any animal suspected to be afflicted with rabies. Animal Control Officers is are empowered and authorized to enforce all aspects of this Part 4. Further, h&4s they are authorized and empowered to issue citations to aU person in violation of the Part 4. u° cap cause- ah@ @st 4 h : ° *° rho .,1 "PPAF.4 A..., ot4@r ig Iaav tak@ ., aailaal lil-4Pd ah -04.o i440 ,Sr..4 a14 n R44 4 W flip SECTION TWENTY -NINE (29): Section 4 -132 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -132 ANIMALS TO BE IMPOUNDED A. Animals which are taken into custody as provided in this section, shall be subiect to humane disposition by adoption, donation, euthanasia, transfer to an animal welfare group, an animal rescue group, or other animal welfare facility, or other reasonable disposition by an Animal Control Officer after three (3) days have elapsed after taking the animal into custody, not to include Sundays and city holidays, provided the animal is not redeemed or claimed as provided in this Article. A description of the animal, the location and date the animal was taken into custody, the deadline for the animal to be claimed, and date of availabili , for adoption shall be available in the Owasso Animal Shelter for viewing by all interested person. Impoundment kittens and puppies which enter the shelter in rg�oups of three (3) or more and are under four (4) months of age without a known owner or mother may, at the discretion of the shelter staff, be exempted from any required 21 hold times prior to their release. No live animals shall be released or sold to any facility for educational, scientific, and/or medical research. B. If the owner is identifiable by tag, microchip, city records, or other means, an Animal Control Officer shall notify the owner at the address on the registration, tae, microchip, eF city records or other means, that the animal is in custody and will be subject to disposition if not timely claimed as provided in (i4). this Section. C. Notice may be given to the owner or may be left at the owner's address with any member of the family over fourteen (14) years of age. If no person can be contacted at the address, a certified letter will be sent to the address by the Owasso Animal Shelter. If no response is received from the owner within seven (7) days from the date the certified letter is mailed, the animal shall become the property of the City of Owasso and will be subject to disposition as provided in this Part 4. D. Any feral, sick or injured animal as would ordinarily require the animal's destruction or treatment by a veterinarian, the Police Chief or designee may order its destruction if the ownership of such animal cannot be determined within a reasonable period of time. apw aniffial to be f ,- Fa4i@s Wsti . x r.,by-'a i;#0 ,,400., h., an Animal !`....#01 Offs .o,- sl..,ll ae � tR di Officer. Provided that, no animal suspected of being rabid or otherwise diseased shall be destroyed until such destruction is recommended by the Police Chief or designee. E. Should it be determined that the owner of an impounded animal is experiencing a situation that prohibits him or her from reclaiming or arranging the release of the animal in a timely and reasonable manner, the Police Chief or designee may seek an order from a judge of competent jurisdiction for the release of the animal into the care and custody of the Animal Shelter or to a responsible party in order that the highest level of lone -term care and safety of the animal may be provided for. F. Animals in custody of the Animal Shelter or partnering organizations as part of a Trap Neuter Retum (TNR) program or a return to field program may be returned to their original location in accordance with common program standards. Further, cats trapped from identified feral colonies and placed in the custody of the Animal Shelter who have no identifiable owner may, after necessary holding times, alterations, examinations, and vaccinations be retumed to their original location at the direction of the Police Chief or designee. SECTION THIRTY (30): Section 4 -133 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -133 cssc FOR I-AUVO r>vPING OWNER RELINQUISHMENT OF DOGS AND CATS. re�aevr�.rRe�s,�� « s: r�aee+ r�fRS�eseeesRSSeRSxn .:n�nlsseesvnsE 22 C_0;#T.Rl officer' E. AHNI i3ef, .,...-e.1..e ffli.... a ,...:4,.,.1 ..,,r 1:...,4gs ..1 as f:eci iire,1 b See. iatis n 120 fi.,-otteL, n 125 rI4@ ,3 F 46@1440R 4 t4@ ., .,,.,1 hP ro NO J9 Sl..,ll roa oo.,, ., .,1 .4 1-25 of flqis ead-L- The Animal Shelter shall accept any dog or cat, from within the City limits, the owner desires to release to the Shelter. The owner shall sign a release form vesting_ all rights and title to the doe_ or cat to the Animal Shelter. All does or cats relinquished will be screened for placement into the adoption program, or for transfer to another animal welfare rescue, animal welfare group, or animal welfare facility. If the dog or cat is not acceptable for placement into the adoption program or determined not to be transferable for any reason, including, but not limited to disease, injury, or illness, available space in the Shelter, and temperament, then the doe or cat may be euthanized. SECTION THIRTY -ONE (31): Section 4 -134 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -134 REDEMPTION OF ANIMALS An owner of an impounded animal ^mil may redeem the animal, prior to its sffle -e+ 4eqpa"feff disposition as provided for herein, by paving the required fees * r'ne--animal, providing satisfactory proof of ownership, and meeting any other requirements which may be prescribed in this Part 4. he w e N, ef, wh e a in th e i o d _ „1.7 l.o .lp- ,,;4.V@ for . 4@4ieal wasons, ,..1, anifnal R 0t ho An animal confined for rabies observation or other infectious disease may not be reclaimed until the animal control officer authorizes the release or until the observation period is over. SECTION THIRTY -TWO (32): Section 4 -135 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -135 ABANDONMENT OF CATS AND DOGS; REPORTING OF FOUND ANIMALS. A. No person shall abandon or desert their doe or cat or permit such animal to become a stra. Any dog or cat found at large not wearing any tag indicating proof of current vaccination against rabies, having a microchip, or that the owner is a City resident, shall be presumed abandoned, and will be impounded by the City_. B. Any person who takes possession of, keeps or harbors an animal that reasonably appears to be at large or stray shall make notification to the Animal Shelter within twenty -four (24) hours. 23 Such notification shall include a complete and accurate description of the animal, when and where it was located, where it is being housed, and contact information for the reporting person. The person reporting the animal shall additionally ensure that the animal is scanned for a microchip or inspected for identifying markings by an animal shelter, medical provider, or rescue group. SECTION THIRTY -THREE (33): Section 4 -136 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -136 nnc. >cr NUS REFUSAL OF ADOPTION trL•ie clesuiption and dAte, of r co of All MS the o� the iff( i of ttiL.is..hapteF thee- 144 all SHbS@ ,,,o..r oo444. .S r@latiR.x W rl.o sal-p-, rL.o. -o.,F .,...1 #4@ ., ..r A 11 F,.,.,. ,.,.11,.,.r,.,l h.. the aftiffiff! ,. fitf -1 ,. ____ be i3ai r the ,.:r. ffeaStlfef. Th Adoption or or sale may be refused to anyone the Police Chief determines meets one (1) or more of the following: (1) Has a record of cruelty to animals; (2) Is under eighteen (18) years of age; (3) Has committed acts of harassment to animals, (4) Owns other animals which are in violation of any requirement of this Part 4; (5) Refuses to comply with adoption requirements; (6) Has released two (2) or more animals to the Animal Shelter in the preceding twelve (12) months; (7) Lacks adequate housing and /or fencing to contain the animal(s); or (8) Has a conviction in Municipal Court for any violation of this Part 4. SECTION THIRTY -FOUR (34): Section 4 -137 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -137 REPEALED SECTION THIRTY -FIVE (35): Section 4 -138 of the Code of Ordinances of the Citv of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -138 UNLAWFUL ENTRY; INTERFERENCE WITH AN OFFICER No unauthorized person shall: 1. Break or attempt to break open the shelter or take or let any animal therefrom; 2. Take or attempt to take from any officer or employee of the ci , any animal taken into custody as provided by this chapter; or 3. In any manner interfere with or hinder an officer or employee in the discharge of his duties relating to the taking into custody and impounding of animals as provided in this chapter. SECTION THIRTY -SIX (36): Section 4 -140 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: 24 SECTION 4 -140 CRUELTY TO ANIMALS 25 A. No person shall willfully or maliciously: (1) torture, cruelly beat, injure, maim, mutilate, or unjustly destroy or kill any animal, (2) Deprive any animal in subjugation or captivity of food generally accepted as being nutritious, potable drinking water, or adequate shelter; (3) Unjustly administer aU poison or noxious drug or substance to any animal; (4) Unjustly expose any drug or substance with the intent that the same shall be taken by an animal, whether such animal be the property of that owner or another person. B. It shall be unlawful for any person to leave any animal in any standing or parked vehicle, box, container or other situation without providing for adequate ventilation nor shall a person allow an animal to be exposed to extreme temperature while contained in a vehicle, box, container, or other situation which would likely cause distress, harm or death to the animal. C. It shall be unlawful for any person to intentionally torment, harass, throw obiects at, verbally or physically confront any animal, whether confined or unconfined, in a manner to cause unjustified agitation or injury to the animal. D. It shall be unlawful for any person to cause an animal to be overloaded or forced to work in a manner unsuitable to its species, breed, condition, or health so as to cause injury to the animal. E. It shall be unlawful for any person to fail to provide or to deprive any animal in their possession, care or control, reasonable medical or necessary veterinary care if the animal is sick, diseased, and/or injured. F. It shall be unlawful to participate in, assist with, sell transport, or otherwise allow any animal to be provided to another person as a promotional item, prize to be given away at any event, festival, camival, or parade. G. Animal Control Officers or Police Officers are hereby authorized to remove, impound or take possession of any animal which has been treated in violation of this Section. SECTION THIRTY -SEVEN (37): Section 4 -141 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -141 DISEASED ANIMALS 26 It is unlawful for any person knowingly to bring into the city, other than for the purpose of seeking veterinary care located in Owasso, any animal having any contagious disease, or allow such animal to run at large within the city or to sell such animal. SECTION THIRTY -EIGHT (38): Section 4 -142 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 14:2 REPEALED 14 iq ii4qhqAA4l 4;R SECTION THIRTY -NINE (39): Section 4 -143 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 143 n LING OF A NrnR A r REPEALED .,11 b@ ,,404 04 iek 4is@ s@ or roa as :110.7 S ek ., .,1 to roa ., '.,Fro,- s ,e .7:q0., ,q0 ., practicable, n h m as in his :,,.4..ti. o..r shall be the lo.,sr painful. Two . :11 effjilse rL,o h., ..r4it4. ne@ For SECTION FORTY (40): Section 4 -144 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -144 SELLING OF ANIMALS ND-FQnWr W4444 44@ GitV lim-its @*G@i9t 014 t4@ ON F's praiq@14N, of OF anif Hal s .. ,-. ors ssiyF,- -id-70.. - - - - - It shall be unlawful for any person to offer any animal for sale or to trade, exchange, barter or give away or to accept any animal on any property not owned or rented by the seller or buyer or on any public curbside, roadside, alleyway, street, park or parking lot unless specifically permitted by the City. Animal Welfare Groups registered with and approved by the City are exempt from the provisions of this Section when conducting adoption events on property not owned by the group with authorization from the property owner. SECTION FORTY -ONE (41): Section 4 -145 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION n ,Inc FACOUR A GING A NIM A r c TO FIGH -T REPEALED 27 It iq .. fill FO,- ., .. r., :..ter: .,ro .. ., fight h-e-IF,ve-em .,1S r., encottra ., 1011S0 it OF Ot4@F iglae@ as@(4 f F 4: xhrs SECTION FORTY -TWO (42): Section 4 -146 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION n 146 V ARENTS r I A 7811 ITV REPEALED o11r OF Rld.,,-.7 :.1.1 4.1.11, ff 1.,;,,liH x ., rSl4ij...f .,..., .,.,1 �h.,ll ho .70@ ffw 7 r., ho rho ..f �11ch A .11 And ;hAll ho ..h.,,- 0.7 fOF 11 i9emighio'; .,...1 ,;holro, -Foote impose wid SECTION FORTY -THREE (43): Section 4 -147 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -147 SPAYAEUTER REQUIREMENTS 7 T, ,� o...,.tlA@14t as a ... ke@ 40. X rh.,r 4as 1400 hoo., ,0 . o o„ro. -o.7 , coat A.Ama's X0.7 ., re ...lo,- Section 4 1-21(a) to July 1 2006 and has ......r;. !all., 1,i4liH rho :r1, Sl4 ll Loo.. S 1..h .7....,,.,, o., r.,r;..., -reca 7:1., ., ail.,hlo a144 S14all iq ..rl., 44@ it to A.1a1.,1 04044401 officer,; or ..rho,- e4v Off;eials @st A oh „rr.,hlo rho the doex o at has not been s ed o fteit�ef:ed- ., 40 x or „r O rho „ 4 Si* /6\ 114S S Rabb r..... -od-kl .o „ o.1r 1:..0., .. r4.1r rho 4OR o eat ho s ,0.7 or 011rore -d with;., dO 1 1, :11 4:V-,,144]h : Rf . ddix:..,4.,1 SJ9@C ;i l r`:.- n11w1Stal4G@S T;?i.@J940RSi A..1, ., 4OR o at 44 is :sro. -o.7 11,:rh Ar`TI UKX, of othef ;-444iffial alsIsRseiatiati, and who is able to i3rod+feae Ce, Le 4-4- ii Ai Ce, Aa t- ii Re fa .,F rho ,44 1 4o 4AP-M d-Is r.. o rho ., .,1 F ,- h,- oo.7:.... a144/0r- S40 'WigIN, for- ., @iq4..4 to rho ..4.1x0, Will ho ., .0.7 Of ., f@@ r„ ho nor by rho Gity TR.1.1. g@r .1.1.7: ..111.70.7 11„ rhip rho A.1:.,.1.,1 ., r:.... ..f ., o..r:..., .1.70.- rho o..r:.... .7..0,; 440t o .,r rho .,1 4E;4”. A. Every person owning, possessing, controlling, harboring or keeping within the City any dog or cat over the age of six (6) months shall cause the dog or cat to be spayed or neutered. 28 Persons excepted from this Section are those who obtain an In -Tact Permit for the dog or cat from the Citv as Drovided herein. B. No dog or cat may be released for adoption from the City Animal Shelter unless said animal has been surgically spUed or neutered or a veterinarian designated by the City of Owasso has determined that the animal is at risk of death or other serious medical condition if spay or neuter sureery is Derformed. SECTION FORTY -FOUR (44): Section 4 -148 of the Code of Ordinances of the City of Owasso_ Oklahoma_ is herebv amended to read as follows: ar-afoondapw WEe, Ween aftwon any land owned, !eased of oiqeffitedb�� thee' . SECTION FORTY -FIVE (45): Section 4 -149 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -149 USE OF TRAPS It shall be unlawful for any person to use or set a trap capable of trapping animals, live or otherwise, unless such trap {:..o,- ...,.Ir hP, _ se4: I±aft±2h� is checked no less than once every twenty -four (24) hours and is used in a humane manner. A trapped animal shall be r @iga44 °4 to t4@ ^aim -al ^ ^ *r ^1 nf� released within a reasonable length of time after it is trapped. Animals shall may be removed from traps by the Animal Control Officer in accordance with the provisions of this Part 4. TFaps f iR4is4@419^ t4@ Animal ,.1 nf- :,.o,- s;h--& iot � nfs Persons violating this section may be fined subiect to the penalty provisions contained in this Part 4. SECTION FORTY -SIX (46): Section 4 -150 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -150 REPEALED SECTION FORTY -SEVEN (47): Section 4 -151 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -151 DEPOSIT; PR TO A>nnIPTIO r REPEALED 29 sttrger�isigerfORne'd— SECTION FORTY -EIGHT (48): Section 4 -152 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -152 REPEALED SECTION FORTY -NINE (49): Section 4 -153 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -153 REPEALED SECTION FIFTY (50): Section 4 -154 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -154 REPEALED SECTION FIFTY -ONE (51): Section 4 -155 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -155 REPEALED SECTION FIFTY -TWO (52): Section 4 -150 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION A 156 STFRU T7 A TION NO DL`nTTrD L`71 FOR CERTAIN DOGS AND GATS REPEALED SECTION FIFTY -THREE (53): Section 4 -157 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION A 157 'ATT URF TO COAM V CONSTITUTES I UIS A N!"L`• DL`TR>. TTTi C• PE-NAIAPIE-S REPEALED A.. .,r.,:., :1 ..tio to @njoia 41,0 TL,o ..,,1.1:..., „1�.. l.o ., l.�ro.l 1.., rL,o ..;r., 1.., ., .,,,1.1:.... F4: PRV .,,,rL..., -: -�o.l or 1 nn nm 30 SECTION FIFTY -FOUR (54): Section 4 -160 of the Code of Ordinances of the Citv of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -160 REGISTRATION OF COMMERCIAL KENNELS A- It is unlawful for any person to he operate a Commercial Kennel p er within the city unless such proprietor shall first obtain a license. pay to the City T ^f the, ^�TM� ^ ^' fee-, ofn;o u„ma, -oa Poll (e 1 nn nm All licenses shall be issued on an annual basis and are subject to ee€$f proper zoning and payment of std a fee set by; the City Council Th,. L,.....,.1 �z ;ot0 -'� l:�o..�o lo.:o.l .. rL.:� �oc4ioa �L..,11 ho -H 1 :0,1 Of A Ott P,,- l:.. o..�o Foote .. . -:ho.l i;4 A,:; ch., teF and 0 FCliRA_m..oS Of tho City, fOr .7., in ,..h ke-m-m-pall. } 1.C[ .. ., ro.,,....,- .,,-., h.,� :_ TL.:� moo.. r:.... shall 0 Ss1., Yetefilift � ofLie . C. All animals in sae4 the Commercial Kennel shall be at all times confined on the premises Of SUGh keffilel iet,.,- Should ., .,1 belonging to F ke r h1, ,.-h i effileel iff0i iic-ctOF v@ rhol-o..., RIS iS F@ElldiF@4 41, tho .7:..,,.... o� 44ho 641, f4 all 40 xs .1.1.7 eats not k@igt 41, „ k@m@il prOpiie4)r. A.. Stl6h ,7,.- Or ..t Shall Jae stlbiee, to all of 4 _ ,.f .. h 7: ,,.741.. 144 144:11.. to tho .1.1.7 :.1 rho S ,11 ,1r fie. The Commercial Sueh Kennel shall be maintained at all times in a clean and sanitary condition and shall be subject to inspection by the Animal Control Officer or other proper official of the city. SECTION FIFTY -FIVE (55): Section 4 -161 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -161 T S_ T 9R PS REPEALED Ct,-11..t11441 �r.,...7.,, -.7� T-hP F il:r:ol F ,- L...osiaR animals 41 a ..or Stow shall ho Sr„1..r11,-.,11., .4.7 Ih.111 ho 4:H 14t., :140.7 R004 wigair to .. o.,r to the-, igreffiises and efflat-A-ii-44-P-4ms Iffi-Pedd t- al's shall be, i4q 14 q-1-4 T,'.111;pm@14 shall ho ., ail.,hlo 44 rho ,- .., ter.., .7:�,- ...�.,1 .,f.1,.,�rv_ .,,.,ro. -.,1 r., ..r, -..1 . iQf@'; .a4ip;4 of ., als .,.44 vith v4y, -4al S4@S and Tho h .... ..:.... ..f ., 0444IR of- 4@44S 014 rho .. , -04ib- to.7 ig@t star-@s s4all 4@ soit@4 to t4@ Sig 31 32 Wool=. GEff�GR�Y:ffRl'!!tlGT.'il�S 33 @a.t:l., a v ail ah1@ F@,- :.4sp@er:@., , @4 h., A .,:.,,�1 !`.,., r.-@1 lWA' off+&h 1- j. Tasiq@Gtio s lasiq@Gtio s @F..@r 40r@S .,, ., h@ .,, a.t@ h., A RiR4 ! 9014r0l 1a 4W @., F@,-..@ „..@.,r : :1, f ,@ ,,.t , �h,ll h@ T., @.t ..1,.7:....@�S T'.o, .1,., ,9..4 .1 ..l., r:..., ffa ,.1..,11 Jae Elee ffie,t ., .-.,r,. SECTION FIFTY -SIX (56): Section 4 -162 of the Code of Ordinances of the Citv of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -162 REPEALED In of CAmffic't hol- @ m this ..h., r@,- .,.,.t the @.,r .. F „r,,, -o zoning .1:...,....o rl.o SECTION FIFTY -SEVEN (57): Section 4 -170 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -170 QUARANTINE OF ANIMALS FOR OBSERVATION @ h:r@ TRR A . i4:AAt C04 . 1 Off.@. ghRll . -1 ., .. r:..o ., .,t for ., iq o TF h , ,1� . .h: ...., h !:. ,F .:11 ho 1@ F F rho C'ogr @f a,@d.iG ,1 wsti, x ..@r fOF,.,@.t .,1 f 11@,.:.. 'dPQF0N'0k@El H9014 aH F 11..,.,iQR a ,@L@.t l.:r@ Ih.,ll ho rho ,- S :ha :r., of rho .,@, b44@ n. A. When any animal capable of carrying or transmitting rabies or other disease bites or otherwise iniures a person or is suspected of having rabies, such animal shall be quarantined as directed in the Oklahoma State Department of Health, Zoonotic Disease Control Rules pursuant to the authority contained in the Oklahoma State Statutes. At the discretion of the Animal Control Officer, animals mu be on the premises of the owner or at a veterinar hospital of the owner's choice at the owner's expense. B. K -9 animals belonging to or used by a law enforcement agency are exempt from the requirements within this chapter, including quarantine procedures, during such time as the animal is under the direction of a K -9 handler or routine veterinary care. 34 C. It shall be unlawful to refuse to confine an animal that has bitten a person or other animal. Each day that a violation or failure to comply exists shall constitute a separate offense. SECTION FIFTY -EIGHT (58): Section 4 -171 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -171 SECURING SUPPORT !NFOR I ATION ON DIAGNOSEID NOTIFICATION OF ANIMALS SUSPECTED OF BEING RABID When an animal under quarantine has been diagnosed as being rabid or is suspected of having rabies by a licensed veterinarian and dies while under such observation, the- co ;44 The veterinarian shall immediately notify the Oklahoma State Department of Health Acute Disease Service Epidemiologist. SECTION FIFTY -NINE (59): Section 4 -172 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -172 . REPEALED h„ F@Solation, 140 .,1 �L,., 11 1`o rAkR , 4440 rh R, ter. -oor� .. a.;rro.l 44 l.o ;., rh R, Sr.Ms o..r f...- ..,-r iq o4s of .,.,.1 ci4p4ol of ., ig@w ,r a4, lr Tl,,rin. . rL,o f:.. p-, r .lo..l.,ra4iop lq�uv;t b@ a a4@ 1.,,• not .-.,1 „l.,ro.l SECTION SIXTY (60): Section 4 -173 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -173 DESTRUCTION OF ANIMALS DER C ISIS PERIOD. REPEALED r Ptifine the igeried of rabies Ll'affafat-ii-44-Le aqs m-Lefat-i-R-4-4-ed every aniRial bit4ea by an aiii hR 4:R-hid. I;ha-ll be-, 4�R44h,A4h or at t4@ owlwy-'s @?Hg@14s@ a144 option, skall-be-, 4em-�p-d- " A- or held ondef si* �6� thR 1;RPHR, 41HAPPRr A; A "AIR, i44 d 404"� �o Wason. T-4@ EjdaFal4tiH@ fRay� b@ @?A@H4@ 4o °. SECTION SIXTY -ONE (61): Section 4 -174 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: 35 SECTION 4 -174 REPEALED ^l 1 kith h^IS h:rr°., „ h11.ti1a °..r ^s 14@r�:1, ., . .1 °.1 Th° 04.,.,1, sni'�virr ccm. Ica. ..Ff:..°,- �h.,ll .7:, - °..r .7:�,- ...�:r:.... of rh° ., .,1 AT., .. �hA , - °F „�° r.. � 144°,- aBlAA animal for- ntin° ,1°4p1ption 11h °.1 1..h .1 °1„ ^nd :'; 1^,..fi,ll., .,, ^.1° h1, rh° ^ 1„ ^1 ..401 SECTION SIXTY -TWO (62): Section 4 -181 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -181 OU:FV:FO REPORT lNjURV OR DEATH OF ANIMAL 141T RV 17r,'IUC REPEALED stfik@s ^ .,1 OF F 11.1 ;*44 ^ . °h:..l° ^...1 iaiHf@s OF bills ^-41..h ^ .11 or- the animal ......401 diViSi ffl OF the ..1 fowl, 14.1 rh° a Ad 4 rh° ig@Fsot4 fna4io. x rh° 1-...44 Pri;,@rs 4 °.,, SECTION SIXTY -THREE (63): Section 4 -182 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -182 POSSESSION OF STRAY ANIMALS No person shall, without knowledge and consent of the owner, possess for more than twen , -four (24) hours, any animal that 4@ that person does not own without first reporting first reporting such possession to the Animal Control 4iyi4oFQfficer, giving his name, address, and telephone number, a true and correct description of the animal and the circumstances under which the animal came into his possession. n° ° * ^: ^: ^^ ^ 4 s4a;y animals f r f 4` ° mar-@ a^ ^° :11 h„ ^ ^:a ^a rh ^ .1l>^ Persons brineiniz str y animals to be surrendered to the City Animal Shelter must provide proof of residency within the City limits of Owasso. SECTION SIXTY -FOUR (64): Section 4 -183 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -183 PRACTITIONERS AND CLINICS TO REPORT ANIMAL BITES A. It shall be the duty of every attending practitioner, licensed to practice medicine, osteopathic medicine or veterinary medicine, and of any other person knowing of or in attendance on a case involving an animal bite to report that bite to the animal control officer, police department, or the county health department within four (4) hours of his first knowledge or attendance. 36 B. It shall be the duty of every clinic or hospital which has knowledge of a case involving an animal bite to report that case to the animal control officer, police department, or county health department within four (4) hours of its first knowledge thereof. SECTION SIXTY -FIVE (65): Section 4 -184 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -184 IMPOUNDMENT DUE TO EMERGENCY A. If an animal is impounded as a result of a fire, medical emergency, hospitalization, custody arrest or other situation rendering the owner or person in possession of the animal temporarily incapable of caring for the animal, the animal may be impounded by a Police Officer or Animal Control Officer and impounded of the City Animal Shelter. B. If possible, the City will notify the owner or person in possession of the animal's location and the conditions under which the animals may be released. The animal will be held for a period of ninety -six (96) hours. If the animal has not been claimed by the owner, person possessing animal or a designee of the owner or possessor within nine -six (96) hours, the animal will become the property of the City of Owasso and may be placed for adoption, transferred to an animal rescue organization or euthanized. Owners or other persons possessing animals under these circumstances set forth above shall not be subiect to impound or daily care fees for the animal. SECTION SIXTY -SIX (66): Section 4 -190 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: ARTICLE C - DANGEROUS ANIMALS: NUISANCE ANIMALS SECTION 4 -190 Dangerous animals prohibited It shall be unlawful for aU person to own, harbor, possess or keep within the City limits any dangerous animal as defined by this Part 4, the Oklahoma State Statutes, or another governmental entitv has determined to be dangerous. SECTION SIXTY -SEVEN (67): Section 4 -191 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4 -191 Confinement /impoundment An animal that is impounded at the time of an incident or after an investigation that resulted in the owner being charged with harboring or possessing a dangerous animal shall be confined pending disposition of the animal. Such confinement shall be at the owner's expense in a licensed veterinary clinic or confined at the home of the owner or some other responsible person in the discretion of the Police Chief or designee. SECTION SIXTY -EIGHT (68): Section 4 -192 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby added to read as follows: 37 SECTION 4 -192 Authoritv to seize a dangerous animal In addition to any other authority or procedure authorized by this Part 4 or by any other law, the Animal Control Officer, Police Chief, or designee shall have the authority to immediately any animal when there is cause to believe that an animal is dangerous or poses a serious threat to public safety under the totality of the circumstances. It shall be unlawful for any person owning, keeping, possessing or otherwise maintaining an animal declared to be dangerous to refuse to immediately surrender the animal to an Animal Control Officer, the Police Chief or designee. SECTION SIXTY -NINE (69): Section 4 -193 of the Code of Ordinances of the Citv of Owasso_ Oklahoma, is hereby added to read as follows: SECTION 4 -193 Hearing and adjudication A. If, after a citation is issued alleging an animal is a dangerous animal as set forth in this Part 4, the owner does not appear at the hearing, the animal shall be deemed abandoned and subject to disposition in the discretion of the Police Chief or Designee. B. The Municipal Court Judge, upon presentation of all evidence at the hearing and upon a finding that the animal is a dangerous animal, may: (1) Allow the animal to remain within the City limits under restrictions as may be ordered_ (2) Order the removal of the animal from the Citv limits, or (3) Order the destruction of the animal. C. Upon a second conviction for possession of a dangerous animal, the Municipal Court Judge may order destruction of the animal. SECTION SEVENTY (70): Section 4 -194 of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -194 Dangerous animal permit required It is unlawful for an owner to have a dangerous dog without certificate of registration issued under this Section. This section shall not apply to dogs used by law enforcement officials for police work. The Animal Control Officer shall issue a certificate of registration to the owner of a dangerous animal if the owner presents to the City sufficient evidence of the following: 1. A proper enclosure to confine a dangerous doe and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. A proper enclosure means the secure confinement within an occupied house or residence, in a securely enclosed and locked pen or kennel, structures that have secure sides and a top or, in lieu of a top, walls at leas t eight (8) feet in height and at least eight (8) feet taller than any internal structure; and 2. A policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an insurer qualified the Oklahoma Statutes in the amount of not less than One Hundred Thousand Dollars ($100,000.00) insuring the owner for any personal iniuries inflicted by the dangerous dog. 38 SECTION SEVENTY -ONE (71): Section 4 -195 of the Code of Ordinances of the Citv of Owasso, Oklahoma, is hereby amended to read as follows: SECTION 4 -195 Dangerous animal, muzzle and restraint. A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash and remains under the physical restraint of a responsible person over sixteen (16) years of age. The muzzle shall be made in a manner that will not cause injury to the doe or interfere with its vision or respiration, but shall prevent it from biting any person or animal. B. Does shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the doe, or was tormenting, abusing, or assaulting the doe or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. SECTION SEVENTY -TWO (72): Section 4 -196 of the Code of Ordinances of the City of Owasso_ Oklahoma_ is herebv added to read as follows: SECTION 4 -196 ANIMAL BITES A. It shall be unlawful for the owner, harborer, possessor, or keeper of an animal to negligently allow or maintain any animal where it could bite a human unless the animal has been subjected to provocation_ or unless the victim has been trespassing. B. It shall be unlawful for the owner, harborer, possessor, or keeper of an animal to negligently allow or maintain any animal where it could bite, attack or kill another animal unless the animal has been subiected to provocation or attack by another animal. SECTION SEVENTY -THREE (73): Section 4 -197 of the Code of Ordinances of the City of Owasso_ Oklahoma_ is herebv added to read as follows: 0X6 10 Ell! HUS e,M_ONE?— '_.7!.H!2i1N.�gl0gY\►[a9G A. It is unlawful for any person to own, keep, possess, or harbor within the ci an t eta animal that is a nuisance as defined herein T 44ic; bN, b +kiaR 4ewli +w oF 0t4@F°4°° &41-b R A p"V ., .,1 ...L.:..L. or dies 440 aw� 140wer bed, eardeti, filled sail, vities, shl:Etbbery a a144 41 so 4044�x 44jar@S 44@ 1.' 1 ,l the F it r,. rl.,. i. 1�3anin��iivw4S2r— EH��ic2HiiS2S —f3ei axe-- tam_F�2)=tiLm isS��a=ii2£�v —cnc rl.o .. .,r of apA40vane@ of 39 SECTION SEVENTY -FOUR (74): Section 4 -200 of the Code of Ordinances of the Ci of Owasso, Oklahoma, is hereby added to read as follows: SECTION 4494200 PENALTY AU person, firm or corporation who violates any ordinance or provision of this Part 4 or who violates, or refuses or neglects to carry out any reasonable order made by the health officer pursuant to this chapter, shall, upon conviction thereof, be fined or imprisoned as provided in Section 1 -108 of this code. The penalties provided for herein shall be in addition to other remedies of the city and aggrieved persons and shall not be construed as exclusive. S_ T!,44 -0 N TIzIENTV TWO (22): Section 4 1 1 4 o f the- Code- o f !l,- .7:.;.,. cy-,; 4 t1w City 4 o�o� �o-- o�-- a -�-orw c�rTrn�T n 419 Tethering 40 41 42 43 44 MW CP!"TTlTM FO TV THREE !42 \• S@etio 4 1'25 of the- !`...lo of !h- .1:.1.1.1..0 4 t4@ City 4 Owasso, Oklah.,.,,., is he -Feby „ 1 .10.1 to 4:p--;-4d- as follows: SECTION A 1A T�T 000FriiiTo tin! ess stick trap has h- een film-ished to a person by an A fliffl;al C--,A-4#_r0 I 0-ffi-C-P-W. T- fliffl;-41 C--,A-4#rA- I by the Animal C--,n- naro- I Offic or. Traps fumished by the Animal C--,n- 4#m- I Offic or shall not h- e I lsed- M RVP th AR thrRR (q) days. A� the etid of 4ff ee (q) days �rafs shall h- e retl 1;:R Led- tR- t-h L--, 4 B iM-A-1 C--' R-44fR- I this Paf+ 4. SECTION FORTY FOUR (44): Section 4 1Z6 of Rrhe Codeof0 -44in races Afthe City ofna�,. Owasso, SECT - vN A 136 Penalties. rhRQ 14 1.11 1 44 44 11 f:f41, 4011.11-5 (S;!G0 nn\ CPr44 -0-N -FO- TV PTVP (45): SECTIONS n 137 TuDnUGH- n 190 0- F -PART n nP THE n[VA CCn C--,O- PEL 0- F 0- -R—M-N ADP uPDPRV DL'DL' A T PT IN TuPTD P1�TTTDP TV SECTION SEVENTYP ^�TrFIVESIX (7546): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid, or ineffective, the remaining portion shall not be affected, but shall remain in full force and effect. SECTION SEVENTYP ^i' -SIX (470: CODIFICATION This ordinance shall be codified in Part Ten (10), Offenses and Crimes, of the Owasso Code of Ordinances. SECTION SEVENTYP ^�T'rSEVENEIGJ1T (7748): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION SEVENTYP ^�TrEIGHTN4#E (7f43): FILING OF ORDINANCE 46 That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION SEVENTY -NINES (79$9): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. PASSED AND APPROVED this day of 120 ATTEST: CITY CLERK Approved as to form and legality: City Attorney MAYOR Bfl April 23, 2024 Julie Lombardi City Attorney City of Owasso 200 South Main Street Owasso, Oklahoma 74055 In re: Revisions to the Animal Welfare Codes Dear Ms. Lombardi: Attached you will find comprehensive draft revisions to Part 4 of the Code of Ordinances. You will note that the proposed revisions are in redline /strikeout form. They have been compiled in collaboration with the Animal Control Officers and are intended to streamline and modernize the current Codes. Some of the highlights of the proposed revisions are as follows: Dangerous Dogs: The current Codes regarding dangerous animals are outdated and not in compliance with state statute. We created a new Article of the Code which incorporates both the provisions of statute with best practices being utilized by other cities. It provides requirements for confinement, authority for seizure, hearing and adjudication, insurance, restraint when off premises of the owner, and permitting. Licensing: The current Codes require licensing of dogs and cats, but the current practice is not to enforce those provisions. In order to address the number of unwanted dogs and cats and reduce the burden on Staff, we are recommending implementation of a requirement to license unaltered animals. We would like for the cost of the license to be around $200.00 per year. Any citations for failing to license unaltered dogs and cats would be approximately $400.00. The idea is to encourage responsible pet ownership and to reduce the unwanted pet population. Number of Dogs and Cats: Shelter Staff is requesting an increase to the number of allowable dogs. Current Codes limit the number of dogs per household to two (2). They would like to increase the number to three (3) so as to more closely reflect the provisions of neighboring jurisdictions. We are recommending that individuals may continue to have up to three (3) cats. Under the proposed revisions, residents may have both three (3) dogs and three (3) cats. Rabies Vaccinations: The proposed revisions update the Codes to ensure compliance with the provisions of state statute and the Oklahoma Administrative Code. The proposed revisions require vaccination for dogs and cats over the age of four (4) months and require proof of documentation. Unnecessary portions of the Code are recommended for removal. Prohibition of Dogs and Cats in Certain Areas: The proposed revisions prohibit animals on the premises of food establishments. Other sections of the current Code are proposed for removal. We are asking that Staff pay particular attention to these proposed revisions. Some cities and towns prohibit animals at large gatherings. However, this can be difficult to enforce, particularly in city venues such as parks. Chickens: The current Codes do not have specific requirements for maintaining chickens. The draft provisions address setbacks, numbers, chicks, zoning and shelter requirements. Traps. The Animal Shelter no longer makes traps available for rent or use by citizens. Southern Agriculture has traps for rent which has been of benefit to Shelter Staff. The proposed revisions address humane treatment of any animals that are captured by a trap. Although not addressed in the Code, wildlife, such as raccoons, that are caught in traps are not handled by Shelter Staff and are referred to the Oklahoma Department of Wildlife. Livestock: We are recommending addition of a definition for livestock and streamlined regulations for these animals. Exotic Animals: The proposed revisions prohibiting exotic animals are updated and refined. The extensive list of exotic animals is proposed for removal and an exception is made for veterinarians providing medical treatment. Feral Cats: The proposed revisions include a definition of feral cats. Although not addressed in the proposed Codes, we would like to see increased utilization of trap, neuter, release /return (TNR) programs in order to humanely address the feral cat population. Rescue Organizations, Animal Welfare Groups and Foster Homes: The current Codes are somewhat disjointed in terms of these organizations. The proposed revisions require each group to obtain a permit, address the number of animals each can have, discuss care of the animals, and revocation of the permit if there are issues. Tethering: We are recommending that the provisions pertaining to adequate shelter and tethering be combined. Shelter Staff also made several proposed revisions to the tethering ordinance. Nuisance Animals: The proposed Code revisions define nuisance animal and move the sections pertaining to these animals to the end of the sections that address dangerous animals. Pet Stores: The current Codes contain numerous provisions and requirements for pet stores. Most retail outlets within the City do not sell dogs or cats. The current provisions are lengthy and cumbersome. I believe that there are adequate remedies in other sections of the Codes, as well as state statutes and provisions of the Oklahoma Administrative Code sufficient to address any issues with pet stores. N Reptiles: The current Codes provide an extensive list of reptiles that are prohibited in the City limits. The proposed revisions eliminate this list, require confinement within secure habitats, prohibit reptiles that exceed forty pounds, and prohibit venomous reptiles. Impounded Animals: We are recommending several updates to this section of the Code. These provisions provide flexibility for the Chief of Police, or his designee, to retain animals for beyond a set period of time. They also address TNR programs and disposition of animals after a set period of time depending on the circumstances. Refusal of Adoption: This is a proposed section of the Code which sets forth the basis of refusing an individual from adopting an animal from the Shelter. Prior record of cruelty to animals, prior redemption of animals to the Shelter, prior convictions for violations of the Animal Codes, and a lack of adequate housing may serve as the basis for denial. Abandonment of Animals and Reporting of Found Animals: We are recommending modifications to the current Codes to require individuals to report found animals and also prohibiting individuals from abandoning dogs and cats. Cruelty to Animals: The proposed revisions to the cruelty ordinances bring them into compliance with state statutes and best practices being utilized by other municipalities. Selling of Animals: The proposed revisions to this section of the Code would prohibit sale on any property not owned or rented by the seller or buyer or on any public area unless specifically permitted by the City. Animal Welfare Groups permitted by the City are excepted from these provisions for adoption events so long as permission is granted by the property owner. The proposed revisions are the result of significant work on the part of the Animal Control Officers and the review, comment, and input of representatives from the Police Department, Municipal Court Clerk's Office, the City Clerk, and Development Services. I would like to thank all of those representatives for their time and effort in this comprehensive project. Staff believes that there should be an active educational campaign for Owasso residents in advance of approval, as well a few events to assist residents with compliance such as vaccine and sterilization clinics. Staff is also in the process of providing the draft revisions to local veterinarians for their input and comment. Thank you for allowing us to work on these provisions. Should you have any questions or comments, please do not hesitate to call. Very Truly Yours, Beth Anne Childs Attorney at Law 3 sv R EAL People- REAL CM1a ratter • REAL Community TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: Cherokee Nation Grant Acceptance and Budget Amendment DATE: June 28, 2024 BACKGROUND: The Cherokee Nation, through the Public Safety Partners Grant, awarded $50,000.00 to the City of Owasso Fire Department. The Grant is part of the Cherokee Nation's initiative to support public safety agencies that provide valuable services to the community and Cherokee Nation citizens. Principal Chief Chuck Hoskin stated "Protecting our communities and families is a responsibility that we share with nearly 300 municipal and county agencies. The Public Safety Partners Program grants will further strengthen our bonds with those agencies and ensure that those who are protecting us are also protected with the resources and tools they need to do theirjobs safely and effectively." If approved, the grant funding will be utilized to support fire department operations for Personal Protective Equipment (PPE) and training equipment. RECOMMENDATION: Staff recommends acceptance of the grant and approval of a budget amendment in the Half - Penny Sales Tax Fund increasing the estimate of revenues and the appropriation for expenditures in the Fire Department by $50,000.00. sv R EAL People- REAL CM1arecter • REAL Cammua M1y TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: ZOLL Equipment Lease DATE: June 28, 2024 BACKGROUND: The Fire Department currently utilizes several life- saving devices from ZOLL Medical. This includes heart monitors (ZOLL X- series), portable ventilators (Z- vent), automated CPR device (Autopulse) and automatic external defibrillators (AED). The Fire Department's use of the ZOLL AEDs and Autopulses began in 2007, the ventilators in 2014, and the heart monitors and ZOLL AEDs in 2016. The ZOLL X- series heart monitor's functions include heart monitoring, 12 -lead electrocardiogram (ECG), defibrillation, heart pacing, pulse oximetry, capnography, blood pressure, pulse rate, CPR feedback and transmitting data. The ZOLL ventilators (Z -vent) provide respiratory support for patients in distress or respiratory failure through continuous positive airway pressure (CPAP), bilevel positive airway pressure (BiPAP), or ventilations. The Z -vent is portable. Weighing 9.7 pounds, the Z -vent is easy to carry, rugged, and exceeds military standards. The ZOLL Autopulse is a portable automated CPR device that provides high - quality CPR with minimal interruption. The Autopulse improves coronary perfusion pressure levels by thirty -three percent (33 %) over sternal compressions due to the device's delivery of consistent, high - quality compressions. The ZOLL AEDs are utilized in City of Owasso buildings and staff vehicles. These devices provide early defibrillation for specific heart dysrhythmias. A key to surviving a critical dysrhythmia cardiac event is early defibrillation and CPR. The AEDs can be utilized by City staff prior to EMS arrival and, by keeping with the ZOLL product line, the AED accessories can be easily transferred to the ZOLL hear monitor. Along with this equipment, staff purchased a worry -free warranty program that includes annual inspection, maintenance, and calibration. The warranty also includes repairs and comes with an equipment loaner program, while equipment is out for repair work. Currently, this equipment is at the end of its service life and new, updated versions with more capabilities are now available. In reviewing replacement options, staff looked at other brands of comparable equipment. Fire Department staff determined the ZOLL equipment has proven to be very effective, efficient, and reliable in their use in the pre - hospital setting. Fire Department staff have utilized the equipment for years and are familiar with all aspects of the use and function of the ZOLL equipment. An additional benefit of utilizing the ZOLL equipment is their ability to interface, when used together, providing the paramedic direct information on treatment and progressive care. Also, when used in combination, the information is recorded jointly for a single coordinated report rather than piecing the information together. The information is uploaded to the patient care ZOLL Page 2 report providing the attending physician accurate and detailed information. The information is also very beneficial for our own quality assurance and improvement programs. PROPOSED PURCHASE: ZOLL also offers ZOLL One, a unique leasing option. ZOLL One is a ten (10) year lease option paid monthly. The ten (10) year lease option includes replacing all current equipment, a second replacement of the equipment within the ten (10) year lease, worry -free maintenance warranty and loaner program. In comparing the costs for purchasing this equipment now, and a second replacement purchase over a ten (10) year period, staff projected a $296,937.12 savings by utilizing the ZOLL One program. Current ZOLL equipment replacement cost. EQUIPMENT CURRENT ZOLL ZOLL - ONE SAVINGS MONTH $ 22,392.14 $ 19,917.67 $ 2,436.84 YEAR $ 268,705.75 $ 239,012.04 $ 29,242.08 10 YEAR $ 2,687,057.52 $2,390,120.40 $ 296,937.12 Current ZOLL equipment replacement cost. EQUIPMENT UNIT COST # UNITS Total Heart Monitors & Accessories $55,629.59 12 $667,555.08 Ventilators & Accessories $21,777.00 8 $174,216.00 Automated CPR Device $23,747.54 8 $189,980.32 Automated External Defibrillators $1,804.60 27 $48,724.20 Worry Free Warranty & Loaner Program $100,981.81 $1,181,457.41 Estimated 30% increase in cost for the second replacement. EQUIPMENT UNIT COST # UNITS Total Heart Monitors & Accessories $72,318.47 12 $867,821.64 Ventilators & Accessories $28,310.10 8 $226,480.80 Automated CPR Device $30,871.80 8 $246,974.40 Automated External Defibrillators $2,345.98 27 $63,341.46 Worry Free Warranty & Loaner Program $100,981.81 $1,505,600.11 Due to the specialization, familiarity and cost savings for this equipment, staff determined the ZOLL One lease option is in the best interest of the City. The City Attorney has reviewed the ZOLL One contract language for compliance with City Ordinances. FUNDING: Funding is available in the Ambulance Service Fund. ZOLL Page 3 RECOMMENDATION: Staff recommends approval of the ZOLL One Lease Agreement in an amount not to exceed $19,917.40 monthly, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents. ATTACHMENT: ZOLL One Agreement Agreement #ZO01969211 ZOLL ONE PROGRAM MASTER AGREEMENT This ZOLL ONE PROGRAM MASTER AGREEMENT, including all attachments attached hereto and hereby made a part hereof ( "Master Agreement' '), is entered into by and between ZOLL Medical Corporation, a Massachusetts corporation with its principal place of business at 269 Mill Road, Chelmsford, MA 01824 ( "Lessor "), and Owasso Fire EMS, with offices at 8901 North Garnett Road, Owasso, OK 74055 ( "Lessee "). This agreement will be effective upon the date of last signature ( "Effective Date "). 1. MASTER AGREEMENT; SCHEDULES. Lessor hereby leases to Lessee and Lessee leases from Lessor the equipment ( "Equipment ") described in any Equipment Schedule executed from time to time by Lessor and Lessee, the form of which is attached as Exhibit A hereto (the "Schedule" or "Schedules "), upon the terms and conditions set forth in this Master Agreement and the Schedules. In addition to leasing the Equipment, (i) if RescueNet® CaseReview is included in the applicable quote, then Lessor will also provide Lessee with RescueNet® CaseReview pursuant to the terms and conditions of the ALSBLS Software Solutions Master Application Service Provider Agreement attached as Exhibit B hereto (the "ASP Agreement'), otherwise Exhibit B does not apply to this Master Agreement, and (ii) if the Worry Free Service Plan ( "Service Plan ") is included in the associated quote, then Lessor will also provide Lessee with Service Plan pursuant to the terms and conditions of the Service Plan attached as Exhibit C hereto, otherwise, the Exhibit C does not apply to this Master Agreement. In the event of any conflict between the terms and conditions contained in this Master Agreement and the terms and conditions contained in the ASP Agreement, the terms and conditions in Exhibit B shall control. 2. TERM. The term is this Master Agreement ( "Term ") begins on the effective date of the first Schedule incorporating this Master Agreement and continues until terminated. The term of each Schedule begins on the effective date of such Schedule and ends on the termination date of such Schedule. ( "Rental Term "). However, no termination by the Lessee of this Master Agreement shall be effective with respect to any Schedule until the expiration or termination of such Schedule and the satisfaction by Lessee of all of its obligations hereunder with respect thereto. 3. RENT; LATE CHARGES. As rent for the Equipment, Lessee agrees to pay the amounts specified in the applicable Schedule on the due dates specified therein ( "Rent' '). If any part of any Rent payment or other amount due under this Master Agreement is not paid within five (5) days of its due date, Lessee agrees to pay Lessor a charge for every month after the first month in which the amount is late to compensate Lessor for the inability to reinvest the amount, which charge is stipulated and liquidated at 1.5% of the delayed amount per month (or the lesser rate that is the maximum rate allowable under applicable law) in addition to the unpaid amount. 4. NON - CANCELABLE; WAIVER OF DEFENSES TO PAYMENT. Lessee acknowledges that it is receiving special pricing on the Equipment in exchange for its commitment to pay Rent for the entire Rental Term of each Schedule. Lessee agrees that it has an absolute and unconditional obligation to pay all Rent and other amounts when due. Lessee is not entitled to abate, reduce or recoup Rent or any other amount due, or to set off any charge against any such amount for any reason whatsoever. Lessee hereby waives any recoupment, crossclaim, counterclaim, or any other defense at law or in equity to any Rent payment, whether any such defense arises out of this Master Agreement. There is no "test period" for Equipment that would delay acceptance or the commencement of any Schedule term. 5. EQUIPMENT RETURN REQUIREMENTS. Upon expiration or earlier termination of this Master Agreement or an applicable Schedule, Lessee shall either (a) return the Equipment in accordance with this Section or (b) purchase the Equipment at the Fair Market Value as set forth in Section 8, in which case right, title and interest shall transfer to Lessee upon payment. In the event Lessee elects to return the Equipment to Lessor, such return must be made within sixty (60) days of the end of the applicable Rental Term or promptly upon Lessee receiving replacement Equipment, whichever occurs first. If Lessee fails to return Equipment to Lessor under the terms set forth in this section, then Lessee shall pay two times (2x) the monthly fee until the Equipment is received by Lessor. For all Equipment returned to Lessor, Lessee shall (a) remove any Lessee labels, tags or other non - factory markings on the Equipment and wipe clean or permanently delete all data contained on the Equipment, including, any data contained on internal or external drives, discs, or accompanying media, (b) pack the Equipment in accordance with the Lessor's guidelines, and (c) deliver such Equipment to Lessor at any destination within the continental United States designated by Lessor. All dismantling, packaging, transportation, in- transit insurance and shipping charges shall be borne by Lessee. All Equipment shall be returned to Lessor in the same condition and working order as when delivered to Lessee, reasonable wear and tear excepted. The return of the Equipment shall constitute a full release by Lessee of any leasehold rights or possessory interest in the Equipment. 6. EQUIPMENT USE; MAINTENANCE AND ADDITIONS. Lessee shall, at all times during the applicable Rental Term (a) operate and maintain the Equipment in good working order, repair and condition, and in accordance with the manufacturer's specifications and recommendations and, all applicable laws and regulations, and (b) purchase and use only accessories provided by Lessor for use with the Equipment. Lessee shall make no alterations or additions to the Equipment, except those that will not result in the creation of any security interest, lien or encumbrance on the Equipment or impair the value or use of the Equipment either at the time made or at the end of the Rental Term of the applicable Schedule, and that are readily removable without damage to the Equipment. Any such alterations or additions may void the Worry-Free Service Plan. Additionally, Lessor shall not be responsible for any Equipment defect or failure of the Equipment to perform any specified function, or any other nonconformance of the Equipment caused by or attributable to (i) any modification of the Equipment by the Lessee without prior written approval of Lessor; (ii) the use of the Equipment with any associated or complementary equipment accessory or software not specified by Lessor; (iii) any misuse or abuse of the Equipment: (iv) exposure of the Equipment to conditions beyond the environmental, power or operating constraints specified by Lessor; or (v) installation or wiring of the Equipment other than in accordance with Lessor's instructions. LESSOR'S OBLIGATIONS DURING THE TERM WITH RESPECT TO THE V3.2 (02 -23- 2024) -FMV Page 1 of 18 Agreement #ZO01969211 EQUIPMENT ARE LIMITED TO THOSE DESCRIBED IN THE SERVICE PLAN. LESSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT. 7. EQUIPMENT OWNERSHIP; LOCATION. Lessor is the sole owner of the Equipment and has sole title thereto. Lessee may not relocate any Equipment from the Equipment location specified in the applicable Schedule without the prior written consent of Lessor. 8. RISK OF LOSS AND INSURANCE. Subject to Lessor's obligations under the Service Plan, Lessee assumes any and all risk of loss or damage to the Equipment until such Equipment is returned to and received by Lessor in accordance with the terms and conditions of this Master Agreement. Lessee agrees to keep the Equipment insured at Lessee's expense against all risks of loss from any cause whatsoever, including, without limitation, loss by fire (including extended coverage), theft and damage, in an amount not less than (a) the sum of all Rent and other amounts due and owing with respect to such Equipment for the duration of the applicable Rental Term, plus the estimated total retail price that would be paid for such Equipment in an arm's length transaction ( "Fair Market Value ") as of the actual date the Schedule expires or is terminated, as applicable ( "Stipulated Loss Value ") or (b) with respect to any other Equipment, the replacement value thereof. Lessee also agrees that it shall carry commercial general liability insurance in an amount not less than $5,000,000 total liability per occurrence. Lessee shall cause Lessor and its affiliates, and its and their successors and assigns, to be named loss payees with respect to property insurance and additional insureds with respect to commercial general liability insurance. Each policy shall provide that the insurance cannot be canceled without at least thirty (30) days' prior written notice to Lessor. In the event of loss or claim, Lessee will be responsible for all deductibles and/or retentions. All insurance required by this Master Agreement shall include a waiver of rights of recovery against Lessor and its insurers by the Lessee and its insurers, as well as a waiver of subrogation against Lessor and its insurers. All insurance required by this Master Agreement is primary and non - contributory to any other insurance maintained by Lessor. Lessee shall provide to Lessor (i) on or prior to the delivery date for each Schedule ( "Delivery Date "), and from time to time thereafter throughout the Rental Term of each Schedule, certificates of insurance evidencing such insurance coverage, and (ii) upon Lessor's request, copies of the insurance policies. If Lessee fails to provide Lessor with such evidence, then Lessor will have the right, but not the obligation, to purchase such insurance protecting Lessor at Lessee's expense. Lessee's expense shall include the full premium paid for such insurance and any customary charges, costs or fees of Lessor, including but not limited to deductibles and retentions in the event of loss. Lessee agrees to pay such amounts in substantially equal installments allocated to each Rent payment. 9. CASUALTY LOSS. Lessee shall notify Lessor of any condemnation, taking, loss, destruction, theft or damage beyond repair of Equipment ( "Casualty Loss ") or repairable damage to any Equipment not later than five (5) days following the date of any such occurrence. In the event any Casualty Loss shall occur, on the next Rent payment date Lessee shall pay Lessor the Stipulated Loss Value of the Equipment suffering the Casualty Loss. In the event of any repairable damage to any Equipment, the Rental Term shall continue with respect to such Equipment without any abatement of Rent and Lessee shall at its expense cause such Equipment to be repaired to the condition it is required to be maintained in pursuant to Section 5 not later than thirty (30) days from the date of the occurrence. 10. INSPECTION. Lessor and Lessor's agents shall have the right, from time to time, with prior notice to Lessee, during Lessee's normal business hours, and without disruption to Lessee's operations, to enter the premises where the Equipment is located for the purpose of inspecting the Equipment. 11. TAXES. Lessor shall report and pay all license and registration fees and all taxes, fees, levies, imposts, duties, assessments, charges and withholdings of any similar nature, however designated (including, any value added, transfer, sales, use, gross receipts, business, occupation, excise, personal property, real property, stamp or other taxes) ( "Taxes ") now or hereafter imposed or assessed by governmental body, agency or taxing authority upon the purchase, ownership, delivery, installation, leasing, rental, use or sale of the Equipment, the Rent or other charges payable hereunder, or otherwise upon or in connection with any Schedule, whether assessed on Lessor or Lessee, other than any such Taxes required by law to be reported and paid by Lessee ( "Lessee Taxes "). Lessee shall within ten (10) days of receipt of invoice reimburse Lessor for all such Lessee Taxes paid by Lessor, together with any penalties or interest in connection therewith attributable to Lessee's acts or failure to act, excluding: (a) Lessee Taxes on or measured by the overall gross or net income of Lessor, (b) as to any Schedule or the related Equipment, Lessee Taxes attributable to the period after the return of such Equipment to Lessor, and (c) Lessee Taxes imposed as a result of a sale or other transfer by Lessor of any portion of its interest in any Schedule or in any Equipment, except for a sale or other transfer to Lessee or a sale or other transfer occurring after and during the continuance of any Lessee Default. 12. GENERAL INDEMNITY. To the extent permitted by applicable law, Lessee shall indemnify, defend, and hold harmless Lessor, its employees, officers, directors, agents and assignees from and against any and all claims arising out of or in connection the use of the Equipment (except to the extent that such claims are caused by a defect in the Equipment). 13. TAX BENEFIT INDEMNITY. Lessor and Lessee agree that Lessor is entitled to certain federal, state and local tax benefits available to an owner of Equipment (collectively, "Tax Benefits "). Lessee represents, warrants, and covenants to Lessor that (a) all Equipment will be used solely within the United States; and (b) Lessee will take no position inconsistent with the assumption that Lessor is the owner of the Equipment for federal, state, and local tax purposes. If, due to any act or omission of Lessee or any party acting through Lessee, or the breach or inaccuracy of any representation, warranty or covenant of Lessee contained the Master Agreement, Lessor reasonably determines that it cannot claim, is not allowed to claim, loses or must recapture any or all of the Tax Benefits otherwise available with respect to the Equipment subject to any Schedule (a "Tax Loss "), then Lessee shall, promptly upon demand pay to Lessor an amount sufficient to provide Lessor the same after -tax rate of return and aggregate after -tax cash flow through the end of the then - applicable Rental Term of such Schedule that Lessor would have realized but for such Tax Loss except where the Lessor would not be entitled to such Tax Benefits. 14. LIMITATION OF LIABILITY. LESSEE EXPRESSLY AGREES THAT LESSOR SHALL NOT BE LIABLE UNDER ANY THEORY OF RECOVERY, WHETHER BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR V3.2 (02- 23- 2024) -FMV Page 2 of 18 Agreement #ZO01969211 DAMAGE WHATSOEVER; DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT; LOSS OF PROFITS OR REVENUE; LOSS OF USE OF LESSEE'S MATERIAL, EQUIPMENT OR SYSTEMS; INCREASED COSTS OF ANY KIND, INCLUDING BUT NOT LIMITED TO CAPITAL COST, OR CLAIMS OF CUSTOMERS OF LESSEE. LESSEE EXPRESSLY AGREES THAT THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND THAT UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF LESSOR UNDER ANY THEORY OF RECOVERY, WHETHER BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER WARRANTY, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO LESSOR UNDER THIS MASTER AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL PREVAIL OVER ANY CONFLICTING OR INCONSISTENT PROVISIONS SET FORTH ELSEWHERE IN THIS MASTER AGREEMENT. 15. LESSEE REPRESENTATIONS AND COVENANTS. Lessee represents, warrants and covenants to Lessor that as of the date of this Master Agreement and for so long as this Master Agreement shall remain in effect: (a) all Equipment will be used by properly trained representatives of Lessee; (b) Lessee is duly organized and validly existing under applicable law in its jurisdiction of formation; (c) Lessee has the power and authority to enter into this Master Agreement; (d) the execution, delivery and performance of the Master Agreement by Lessee have been duly authorized; (e) the execution, delivery and performance of the Master Agreement by Lessee do not (1) conflict with any of Lessee's organizational documents, (2) contravene, conflict with, constitute a default under or violate any laws applicable to the Lessee, (3) contravene, conflict or violate any applicable order, writ, judgment, injunction, decree, determination or award of any governmental authority by which Lessee or any of its subsidiaries or any of their property or assets may be bound or affected or (4) require any action by, filing, registration, or qualification with, or governmental approval from, any governmental authority not already obtained or completed; (t) the Master Agreement is enforceable against Lessee in accordance with its terms and such terms do not violate or create a default under any instrument or agreement binding on Lessee; (g) as of the date of its execution of this Master Agreement and as of the Delivery Date of any Equipment, there are no pending or threatened actions or proceedings before any court, administrative agency or other governmental authority related to this Master Agreement or the power or authority of Lessee to enter into this Master Agreement; (h) Lessee shall comply with the requirements of all applicable laws and regulations; (i) the Master Agreement shall be effective against all creditors of Lessee under applicable law, including fraudulent conveyance and bulk transfer laws, and shall raise no presumption of fraud; 0) all financial statements and other related information furnished by Lessee shall fairly present Lessee's financial position as of the dates given on such statements; (k) Lessee's name set forth in the signature block below is Lessee's full and accurate legal name; (1) Lessee's form and jurisdiction of organization, "location" (within the meaning of UCC Section 9 -307), organization number and federal tax identification number are as set forth on Exhibit D hereto. Lessee agrees to provide Lessor advance written notice of any change in any of the representations and covenants set forth in clauses (g) through (1) of this Section 15. 16. FORCE MAJEURE. If the performance of any obligation under this Agreement by Lessor is prevented, restricted, or interfered with by reason of war, civil commotion, disruption in the supply chain, acts of public enemies, blockade, embargo, strikes, any law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, which is beyond the reasonable control of the Lessor, then the Lessor shall, upon giving prior written notice to the Lessee, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the Lessor shall use reasonable commercial efforts to avoid or remove such causes of non - performance and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. The Lessor shall not be in default if any delay or failure to perform any obligation hereunder is caused by events beyond such party's control. 17. LESSEE DEFAULT. Any of the following shall constitute a default by Lessee under this Master Agreement and all Schedules: (a) Lessee fails to pay any Rent payment or any other amount payable to Lessor under this Master Agreement or any Schedule on the date due; or (b) Lessee defaults on or breaches any of the other terms and conditions of the Master Agreement or any Schedules; or (c) any representation or warranty made by Lessee in the Master Agreement proves to be incorrect, false or misleading when made or deemed made; or (d) any change occurs in relation to the business, management, ownership or financial condition of Lessee or any guarantor of all or any portion of Lessee's obligations under the Master Agreement or any Schedule ( "Guarantor ") that would have a material adverse effect on Lessee's ability to perform its obligations under this Master Agreement or any Schedule or Guarantor's ability to perform its obligations under its guaranty; or (e) Lessee or Guarantor dissolves or otherwise terminates its existence, ceases to do business or becomes insolvent or fails generally to pay its debts as they become due; or (t) any Equipment is levied against, seized or attached; or (g) Lessee or Guarantor makes an assignment for the benefit of creditors; or (h) a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency or receivership law is filed by or against Lessee or Guarantor (and, if such proceeding is involuntary, it is not dismissed within sixty (60) days after the filing thereof) or Lessee or Guarantor takes any action to authorize any of the foregoing matters; or (i) any letter of credit or guaranty issued in support of a Schedule is revoked, breached, cancelled or terminated (unless consented to in advance in writing by Lessor); or 0) any Guarantor fails to fulfill its obligations in favor of Lessor pursuant to its guaranty; or (k) Lessee merges or consolidates with any other corporation or entity, or sells, rents or disposes of all or substantially all of its assets without the prior written consent of Lessor (each a "Lessee Defaulf'). 18. LESSOR REMEDIES. If a Lessee Default occurs, Lessor may, in its sole discretion, exercise one or more of the following remedies: (a) declare all amounts due and to become due in the current year under any or all Schedules to be immediately due and payable; (b) terminate this Master Agreement or any Schedule; (c) take possession of, or render unusable, any Equipment wherever such Equipment may be located, without demand or notice and without any court order or other process of law, and no such action shall constitute a termination of any Schedule; (d) require Lessee to deliver the Equipment to a location specified by Lessor or allow Lessor access to retrieve such Equipment; (e) terminate any other agreement that Lessor may have with Lessee; or (t) exercise any other right or remedy available to Lessor at law or in equity. To the extent permitted by law, Lessee shall pay Lessor all costs and expenses that Lessor may incur to maintain, safeguard or preserve the Equipment, and other expenses incurred by Lessor in enforcing any of the terms, conditions or provisions of this Master Agreement (including legal fees and collection agency costs). Upon repossession or surrender of any Equipment, Lessor may rent, sell or otherwise dispose of the Equipment in a commercially reasonable manner, with or without notice and at public or V3.2 (02 -23- 2024) -FMV Page 3 of 18 Agreement #ZO01969211 private sale, and apply the net proceeds thereof to the amounts owed to Lessor hereunder. Any proceeds of any sale or rent of such Equipment in excess of the amounts owed to Lessor hereunder shall be retained by Lessor. Lessee agrees that with respect to any notice of a sale required by law to be given, ten (10) days' notice shall constitute reasonable notice. Upon payment of all past due Rent and the Stipulated Loss Value together with interest at the rate of 1.5% per month (or such lesser rate as is the maximum rate allowable under applicable law) from the date declared due until paid, Lessor will transfer to Lessee all of Lessor's interest in the Equipment for which such Rent and Stipulated Loss Value has been paid, which transfer shall be on an "AS IS, WHERE IS" basis, without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. With respect to any exercise by Lessor of its right to recover and/or dispose of any Equipment, Lessee acknowledges and agrees as follows: (1) Lessor shall have no obligation, subject to the requirements of commercial reasonableness, to clean -up or otherwise prepare the Equipment for disposition, (2) Lessor may comply with any applicable state or Federal law requirements in connection with any disposition of the Equipment, and any actions taken in connection therewith shall not be deemed to have adversely affected the commercial reasonableness of any such disposition, and (3) Lessor may convey the Equipment on an "AS IS, WHERE IS" basis, and without limiting the generality of the foregoing, may specifically exclude or disclaim any and all warranties, including any warranty of title or the like with respect to the disposition of the Equipment, and no such conveyance or such exclusion or such disclaimer of any warranty shall be deemed to have adversely affected the commercial reasonableness of any such disposition. These remedies are cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise and may be enforced concurrently or separately from time to time. 19. TRUE LEASE; SECURITY INTEREST. LESSEE WAIVES ANY AND ALL RIGHTS AND REMEDIES OTHERWISE GRANTED TO LESSEE BY UCC § §2A -508 THROUGH 2A -522 AS DEEMED APPLICABLE. If and to the extent that this Master Agreement is deemed a security agreement, Lessee hereby grants to Lessor, its successors and assigns, a security interest in all of Lessee's rights under and interest in the Equipment, all additions to the Equipment, and all proceeds of the foregoing. Such security interest secures all obligations owing by Lessee to Lessor. Lessee authorizes Lessor and any assignee of all or any portion of Lessor's interest in the Master Agreement ( "Assignee ") to file UCC financing statements disclosing Lessor's or Assignee's interest in the Equipment and in any "Additional Collateral" set forth in any Schedule. Lessee shall provide Lessor with at least forty-five (45) days' prior written notice of any change to Lessee's principal place of business, organization or incorporation. 20. ASSIGNMENT. Lessee shall not transfer, sublease, or assign any of its rights or obligations under the Master Agreement or any schedule. 21. TERMINATION. The Lessor may terminate this Agreement or any Schedule with thirty (30) days' prior written notice, if the Lessee fails to meet its obligations under this Agreement or any Schedule, such as failure to make payments when due. The thirty (30) day period following the written notice shall serve as cure period and if such failure of Lessee to meet its obligations is not cured during this time, then this Agreement or any applicable Schedule shall be immediately terminated pursuant to Sections 4 and 5 of this Agreement. 22. NOTICES. All notices required or permitted to be given under this Master Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or mailed via certified mail or a nationally recognized overnight courier service to the respective addresses set forth on Exhibit D hereto (or such other address or fax number as either party shall so notify the other). 23. GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL. This Master Agreement and each Schedule shall be governed by the internal laws (as opposed to conflicts of law provisions) of the State of Oklahoma. Lessor and Lessee consent to the jurisdiction of any local, state or Federal court located within the State of Oklahoma and waive any objection relating to improper venue or forum non - conveniens to the conduct of any proceeding in any such court. Lessee and lessor hereby expressly waive its right to a jury trial with respect to any action in connection with this Master Agreement. 24. CREDIT REVIEW AND ASSURANCES. Lessee consents to credit reviews by Lessor. Lessee agrees to promptly execute and deliver to Lessor such further documents and take such further action as Lessor may reasonably request in order to carry out the intent and purpose of this Master Agreement more effectively. Without limiting the generality of the foregoing, Lessee agrees (i) to furnish to Lessor from time to time, its certified financial statements, officer's certificates and appropriate resolutions, opinions of counsel and such other information and documents as Lessor may reasonably request, and (ii) to execute and timely deliver to Lessor any documents that Lessor deems reasonably necessary under applicable law to perfect or protect Lessor's security interest in the Equipment or to evidence Lessor's ownership interest therein as the case may be; provided, however, that Lessee authorizes Lessor to file any such financing statement or any amendment or continuation thereof or other document without Lessee's authentication to the extent permitted by applicable law; provided, however, Lessor agrees to file a release or termination of any such financing statement within thirty (30) days after the end of the total term for such Equipment. It is also agreed that Lessor or Lessor's agent may, and is hereby authorized to, file as a financing statement, any rent document (or copy thereof, where permitted by law) that Lessor deems appropriate to perfect or protect Lessor's security interest in the Equipment or to evidence Lessor's ownership interest therein, at Lessor's cost and expense; provided, however, Lessor agrees to file a release or termination with respect to such financing statement or rent document within thirty (30) days after the end of the total term for such Equipment. 25. ENTIRE AGREEMENT; AMENDMENTS. This Master Agreement and all attachments including all Schedules together constitute the entire agreement between Lessor and Lessee relating to the leasing of the Equipment, and supersedes all prior agreements relating thereto, whether written or oral, and may not be amended or modified except in a writing signed by the parties hereto. 26. NO WAIVER. Any failure of Lessor to require strict performance by Lessee, or any written waiver by Lessor of any provision hereof, shall not constitute consent or waiver of any other breach of the same or any other provision hereof. 27.INVALIDITY. If any provision of this Master Agreement shall be prohibited by or invalid under law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Master Agreement and any such Schedule. V3.2 (02 -23- 2024) -FMV Page 4 of 18 Agreement #ZO01969211 28. COUNTERPARTS. This Master Agreement may be executed in counterparts, and, when so executed, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and same instrument. The original of each Schedule shall constitute chattel paper for purposes of the UCC. If there are multiple originals of a Schedule, the one marked "Lessor's Copy" or words of similar import shall constitute the only chattel paper. 29. SURVIVAL. All obligations of Lessee to make payments to, or to indemnify, Lessor and all rights of Lessor shall survive the cancellation or termination of this Master Agreement. 30. NON - APPROPRIATION. If Lessee is a state and/or a local government, Lessee represents that it has funds available to pay Rent until the end of its then - current appropriation period, and that Lessee intends to request funds to make payments in each appropriation period from now until the end of the Rental Term. If either sufficient funds are not appropriated to make payments or any other amounts due under a Schedule (to the extent required by applicable law) is not renewed either automatically or by mutual ratification, the Schedule shall terminate and Lessee shall not be obligated to make payments under this Master Agreement or the Lease beyond the then- current fiscal year for which funds have been appropriated. Upon such an event, Lessee shall, no later than the end of the fiscal year for which payments have been appropriated or the term of this Lease has been renewed, deliver possession of the Equipment to Lessor in accordance with the provisions set forth in Section 5 of this Agreement with the exception that Equipment shall be returned within fourteen (14) days. IN WITNESS WHEREOF, Lessee and Lessor have executed this Master Agreement on the dates specified below. LESSEE: OWASSO FIRE EMS LESSOR: ZOLL MEDICAL CORPORATION By: By: Title: Title: Date: Date: V3.2 (02 -23- 2024) -FMV Page 5 of 18 EXHIBIT A FORM OF EQUIPMENT SCHEDULE Agreement #ZO01969211 Internal Reference Number: Q -73655 V:5 MASTER AGREEMENT SCHEDULE —No. 1 ZOLL Medical Corporation ( "Lessor ") and Owasso Fire EMS ( "Lessee ") are parties to the Master Agreement. This Master Agreement Schedule (which shall be identified by the Counterpart Number specified above) and the Master Agreement together comprise a separate Lease between the parties. The terms and conditions of the Master Agreement are hereby incorporated by reference into this Schedule. All capitalized terms used in this Schedule without definition have the meanings ascribed to them in the Master Agreement. 1. LEASE SCHEDULE. A. Description of Items of Leased Equipment are listed in Exhibit 1 hereto. B. Rental Term: 120 Months 2. Rent Amount: $19917.67 /month starting Net 30 days (excluding any applicable taxes) Amount is payable: MONTHLY Lessee shall pay Lessor the Rent payment specified above for the length of the Rental Term within thirty (30) days after the delivery of the Equipment and monthly, quarterly or annually as set forth above, thereafter on the same date or on the last day of the calendar month if the month does not contain the same Delivery Date. As used herein, "Replacement Period" shall mean the first 60 months of the Rental Term. Prior to the expiration of the Replacement Period, Lessee shall have the option to elect a one -time replacement of all the Equipment in a category. The replacement devices will be of the same configuration, in new condition and will be the same or newer platform. For example, if Lessee has leased ten defibrillators and ten ventilators, Lessee may elect to replace all ten defibrillators and all ten ventilators, all ten defibrillators and no ventilators or no defibrillators and all ten ventilators, but Lessee shall not be permitted to replace five defibrillators and/or five ventilators. If Lessee replaces Equipment, a second allotment of accessories and disposables will be provided, in the same quantity as the original Schedule, within ninety (90) days of the end of the Replacement Period. If accessories or disposables are not on the original quote and applicable Schedule, then the Lessee shall be financially responsible for new accessories and/or disposables. For subsequent Equipment Schedules placed for new orders under the Master Agreement (`Subsequent Schedules "), the Replacement Period for such Subsequent Schedules will be adjusted to align with the end of the Replacement Period for the first Master Agreement Schedule. For example, if the Rental Term of the first Schedule is from 01/2025 to 12/2034, then the Replacement Period for such Schedule would expire on 12/2029. If a Subsequent Schedule is entered into with a Rental Term from 05/2027 to 12/2034 because it would be coterminous with the Master Agreement and the Replacement Period for such Subsequent Schedule would still expire on 12/2029 (i.e., the Replacement Period expiration date aligns with the first Schedule). No Subsequent Schedules shall be granted under the Master Agreement after the Replacement Period ends. 3. LEASE PACKAGE: Lessee will return the Equipment under this program as set forth in Section 5 of the Master Agreement at the expiration or earlier termination of the Rental Term, whichever occurs first. 4. EQUIPMENT LOCATION(S): 5. LESSEE'S END -OF- LEASE -TERM. Fair Market Value. This program package is structured as a Fair Market Value agreement. Upon expiration of the Rental Term, provided that the associated Schedule has not been terminated early by Lessor or Lessee is in accordance with the terms set forth in the Master Agreement, Lessee may purchase all (but not less than all) of the Equipment, for the Fair Market Value as set forth in Section 8 of the Master Agreement (plus all applicable Taxes), which amount shall be due and payable on or before the last day of the applicable Rental Term. If the Lessee fails to return the Equipment, Lessee shall be liable to return the Equipment in accordance with Section 5 of the Master Agreement. In the event Lessor and Lessee are unable to agree on the Fair Market Value of any Equipment, Lessor may (a) select an independent appraiser in its sole discretion to conclusively determine such amount with the cost of the appraiser paid by Lessor or (b) terminate the Schedule and request Lessee to return Equipment in accordance with Section 5 of the Master Agreement. V3.2 (02- 23- 2024) -FMV Page 6 of 18 Agreement #ZO01969211 6. ADDITIONAL SCHEDULE INSTRUCTIONS. LESSOR AGREES TO LEASE TO LESSEE AND LESSEE AGREES TO LEASE FROM LESSOR THE EQUIPMENT DESCRIBED IN ATTACHMENT 1 OF THIS SCHEDULE. SUCH LEASE WILL BE GOVERNED BY THE MASTER AGREEMENT AND THIS SCHEDULE, INCLUDING THE TERMS AND CONDITIONS SET FORTH ABOVE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SCHEDULE AND THE MASTER AGREEMENT, THE TERMS OF THIS SCHEDULE SHALL GOVERN. IN WITNESS WHEREOF, Lessee and Lessor have executed this Master Agreement Schedule on the dates specified below. LESSEE: OWASSO FIRE EMS LESSOR: ZOLL MEDICAL CORPORATION By: By: Name: Name: Title: Date: Title: Date: V3.2 (02 -23- 2024) -FMV Page 7 of 18 Agreement #ZO01969211 ATTACHMENT 1 OF SCHEDULE EQUIPMENT LIST Part Number QTY Product Description 601 - 2241111 -01 12 X Series Advanced Monitor/Defibrillator —12 -Lead ECG, Pacing, Sp02, SpCO, SpMet, EtCO2, BVM, NIBP, CPR Expansion Pack 8300 - 000676 12 OneStep Cable, X Series 8900 - 000220 -01 2 OneStep Pediatric CPR Electrode (8 per case) 8000 - 001128 2 Accuvent Flow Tube (Box of 10) 8000 - 000151 12 RD Rainbow SET MD20 -04 EMS Patient Cable, 4ft 8000 - 001814 12 RD SET DCI Adult Reusable Sensor, 3ft 8000 - 000862 12 NCS -II Rainbow DCI 8k SpCO Adult Sensor, 3ft 8000 - 0580 -01 12 Six Hour Rechargeable, SurePower 11 Smart Battery 8300 - 0500 -01 5 SurePower 4 Bay Charging system including 4 Battery Charging adapters 8707 - 000502 -01 12 X Series Accessory Carry Case — Printer Chute with Single Zipper 8778 - 89044 -W F 12 X Series — Worry -Free Service Plan 8400 - 110045 12 CaseReview Premium Subscription, R Series and X Series, Hosted 20100000102011010 27 AED Plus® with AED Cover 8000 - 0807 -01 27 Type 123 Lithium Batteries, quantity of ten (10) with storage sleeve 6008 - 9901 -61 11 ZOLL X Series Trade In Allowance (EMS Group) 8660 - 001401 -01 8 Z Vent® Portable Ventilator 703 - 0731 -27 8 Ventilator Carrier (White), Eagle H 8778 - 89004 -WF -V 8 Vent — Worry -Free Service Plan — 4 Years At Time of Sale 7800 - 000511 -61 6 Misc. Ventilators Trade In Allowance V3.2 (02- 23- 2024) -FMV Page 8 of 18 Agreement #ZO01969211 Part Number QTY Product Description 8700 - 001003 -01 8 AutoPulse NXT Starter Kit - EMS 8700 - 001012 -01 8 AutoPulse NXT Lithium Battery 8778 - 890044 -AP 8 AutoPulse Worry -Free Service Plan 4 Years On -Site 8700 - 9901 -61 7 ZOLL AutoPulse Trade -In Allowance V3.2 (02- 23- 2024) -FMV Page 9 of 18 Agreement #ZO01969211 EXHIBIT B ALS /BLS Software Solutions Master Application Service Provider Agreement (This EXHIBIT B only applies if RescueNet® CaseReview is included in the applicable quote) 1. Schedules. Lessor shall provide to Lessee the ASP Services, Implementation Services and Support Services identified in any Schedule under the ZOLL One Program Master Agreement ('Master Agreement ") in accordance with the terms of this ALS /BLS Software Solutions Master Application ( "ASP Agreement "). ASP Services are further defined in Section 2. Implementation Services are further defined in Section 3. Support Services are further defined in Section 4. The ASP Services, Implementation Services, and Support Services are each, and are collectively, "Services." The terms and conditions set forth in this ASP Agreement shall only apply to Equipment leased under the associated Schedule and the Master Agreement. For the sake of clarity, these terms and conditions do not apply to any Lessor patient care reporting software, which would be purchased under a separate agreement. 2. ASP Services. "ASP Services" means the hosting and maintenance of Lessor software, as modified, updated, and enhanced (the "Underlying Software "), for remote electronic access and use by Registered Users on the website with a unique URL to be provided by Lessor to Lessee (the "Lessor Site ") in substantial conformity with the instructions for use, documentation and users manuals from time -to -time provided by Lessor (the "Documentation "), as listed in any Schedule for such services and before that Schedule has expired or been terminated in accordance with the Master Agreement. Lessee acknowledges that the ASP Services are only compatible with Lessor equipment that has been enabled and configured for use with the ASP Services in accordance with the Documentation and only with the browser and other technical environment that supports the use of the ASP Services in accordance with the Documentation. 2.1. Provision of ASP Services. Subject to the terms and conditions of the Master Agreement, Lessor will use commercially reasonable efforts to make the ASP Services available to Lessee and Lessee's employees, directors, principals, partners, consultants and agents authorized to use ASP Services on behalf of Lessee and registered through the Lessor Site for such use (`Registered Users ") through the Lessor Site over normal network connections in accordance with the Documentation, excepting downtime due to necessary maintenance and troubleshooting. Lessee, not Lessor, shall be responsible for controlling Registered Users and protection of confidentiality of its login identifications and passwords. Lessee acknowledges that (i) it is responsible for maintaining its interface and connectivity to the ASP Services and (ii) any facilities used for provision of the ASP Services may be owned or operated by Lessor, or a Lessor affiliate or a third party, or any combination of such facilities, as determined by Lessor. Lessee acknowledges that Lessor may modify and upgrade the ASP Services, on an ongoing basis, to improve or adapt the ASP Services. Without limiting the foregoing, Lessor will have the right, in its sole discretion, to develop, provide and market new, upgraded or modified ASP Services to Lessee, including adding, removing or modifying the functionality or features of the ASP Services accessible by Registered Users. Lessor will use commercially reasonable efforts to notify Lessee within a reasonable period of time prior to the implementation of such changes so that Lessee is reasonably informed of alterations to the ASP Services that will affect the ASP Services and Lessee's use of them. Notwithstanding anything to the contrary in the Master Lessor may cease providing any ASP Services upon at least six months advance notice to Lessee. 2.2. Access Software. Subject to the terms and conditions of this ASP Agreement, Lessor grants to Lessee, during the Term, a non - exclusive, non - transferable, non-sublicen sable license for Registered Users to access and use the ASP Services using the Lessor software that Registered Users may download at the Lessor Site to access the ASP Services, as modified, updated and enhanced (the "Access Software "), each as made available to Lessee through the Lessor Site, solely for Lessee's internal business purposes and solely in accordance with the Documentation. Access Software and Underlying Software are, collectively, the "Software." 2.3. Restrictions. Lessee shall not, and shall not permit any third party to: (a) use, reproduce, modify, adapt, alter, translate or create derivative works from the ASP Services, Software or Documentation; (b) merge the ASP Services, Software or Documentation with other software or services; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer or allow access to the ASP Services, Software or the Documentation to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to alter or derive the Source Code for the ASP Services or Software; (e) remove, alter, cover or obfuscate any copyright notices or other proprietary rights notices included in the ASP Services, Software or Documentation; or (f) otherwise use or copy the ASP Services, Software or Documentation in any manner not expressly permitted by the Master Agreement. Lessee agrees not to use the ASP Services in excess of its authorized login protocols. Lessee shall immediately notify Lessor of any unauthorized use of Lessee's login ID, password or account or other breach of security. If Lessee becomes aware of any actual or threatened activity contemplated by the restrictions on use set forth in this section, Lessee will, and will cause Registered Users to, immediately take all reasonable measures necessary to stop the activity or threatened activity and to mitigate the effect of such activity including: (i) discontinuing and limiting any improper access to any data; (ii) preventing any use and disclosure of improperly obtained data; (iii) destroying any copies of improperly obtained data that may have been made on their systems; (iv) otherwise attempting to mitigate any harm from such events; and (v) immediately notifying Lessor of any such event so that Lessor may also attempt to remedy the problem and prevent its future occurrence. 2.4. Service Level Targets. 2.4.1. Downtime. "Downtime," expressed in minutes, is anytime the ASP Services are not accessible to Registered Users. 2.4.2. Planned Downtime. "Planned Downtime" is Downtime during which ASP Services may not be available in order for Lessor to continue to provide commercially reasonable services, features and performance to its customers. Planned Downtime includes, but not limited to: (a) Standard Maintenance; and (b) Emergency Maintenance. "Standard Maintenance" is performed when upgrades or system updates are desirable. "Emergency Maintenance" is performed when a critical system update must be applied quickly to avoid significant Downtime. Standard Maintenance may be performed weekly on Monday and Wednesday between the hours of 7 p.m. to 11 p.m. in Broomfield, Colorado. Lessor will provide Lessee with notice at least 24 hours in advance of Standard Maintenance. 2.4.3. Excused Downtime. "Excused Downtime" time is Downtime caused by: (a) services, software or hardware provided by anyone or any entity other than Lessor, (b) software, services or systems operating outside of a Lessor Site, including any software or systems operating on a Lessee's premises (including Lessor software); (c) a Force Majeure Event or (d) Lessee's failure to comply with its obligations under the Master Agreement or use of the ASP Services in ways that were not intended. 2.4.4. Unplanned Downtime. Unplanned Downtime in a calendar month is expressed as a percentage calculated as follows: (Downtime - (Planned Downtime + Excused Downtime)) Total number of minutes in the calendar month x 100 = x %, where "x" is Unplanned Downtime. 2.4.5. Unplanned Downtime Goal. Lessor endeavors to provide the ASP Services such that there is less than 1% of Unplanned Downtime in a calendar month (the "Unplanned Downtime Goal "). The ASP Services covered by the Unplanned Downtime Goal are those for which Lessee has paid all Fees when due and is using in the course of carrying out its normal business operations in accordance with this ASP Agreement and the Master Agreement. 2.4.6. Revocation of Administrative Rights. Notwithstanding anything to the contrary in this ASP Agreement, Lessor may revoke administrative rights, including database access rights, if the use of any such rights results in Downtime. 2.4.7. Lessee Content; Security. V3.2 (02- 23- 2024) -FMV Page 10 of 18 Agreement #ZO01969211 2.4.7.1. Lessee Content. As between Lessor and Lessee, Lessee will retain all right, title and interest in and to all data, information or other content provided by Lessee in its use of the ASP Services ( "Lessee Content "); provided, however, that Lessor may de- identify Lessee Content and use it for any lawful purpose not prohibited by HIPAA. 2.4.7.2. Security. Subject to Lessee's obligations under this ASP Agreement, Lessor will implement commercially reasonable security measures within the ASP Services in an attempt to prevent unlawful access to Lessee Content by third parties. Such measures may include, where appropriate, use of updated firewalls, commercially available virus screening software, logon identification and passwords, encryption, intrusion detection systems, logging of incidents, periodic reporting, and prompt application of current security patches and virus definitions. 2.4.7.3. Retention of Lessee Content. Although Lessor will use commercially reasonable efforts to maintain the integrity of the Lessee Content, to backup the Lessee Content, and to provide full and ongoing access to the ASP Services, loss of access to the ASP Services and loss of Lessee Content may occur. Lessee will be responsible for compliance with all records retention requirements applicable to Lessee. Lessor will not be responsible for any loss, corruption of or inaccessibility of the Lessee Content due to interruption in the ASP Services or otherwise arising out of circumstances not within Lessor's control. 2.4.7.4. Availability of Lessee Content. It is Lessee's responsibility to maintain any Lessee Content that it requires for archival purposes, ongoing management of its operations and compliance with applicable records retention requirements. Unless specified otherwise in the Master Agreement, Lessor will store Lessee Content, other than Inactive Lessee Content as defined below (the "Active Lessee Content "), in Lessor's working data set until the earlier of (i) five years (calculated from the date of creation of such Lessee Content, or Lessor's receipt of such Lessee Content, whichever is later) or (ii) the expiration or termination of this ASP Agreement or the Schedule under which such Active Lessee Content was stored (the "Active Retention Period "). Upon the expiration of the Active Retention Period, Lessor will notify Lessee in writing and will provide Lessee the option, which Lessee shall exercise by informing Lessor in writing, within 30 days of receiving the notice, that either (a) Lessee wishes to receive Active Lessee Content in a database determined by Lessor in its sole and absolute discretion (a "Database "), or (b) Lessee will pay Lessor, at Lessor's then - current storage rates and upon Lessor's then - current terms and conditions, to continue to store the Active Lessee Content. If Lessee fails to exercise one of the foregoing options within such 30 -day period, Lessor will have the right to destroy the Active Lessee Content. During the time Lessor stores Lessee Content for Lessee hereunder, Lessor may periodically identify Lessee Content that has had no activity associated with it for at least 180 days ( "Inactive Lessee Content ") and will notify Lessee in writing of its intent to remove the Inactive Lessee Content from Lessor's working data set and destroy such data, unless Lessee requests, in writing, within 30 days of receiving the notice from Lessor, that either (z) Lessee wishes to receive the Inactive Lessee Content in a Database, or (y) Lessee will pay Lessor, at Lessor's then - current storage rates and upon Lessor's then - current terms and conditions, to continue to store such Inactive Lessee Content. If Lessee fails to exercise one of the foregoing options within such 30- day period, Lessor will have the right to destroy the applicable Inactive Lessee Content in its possession or under its control. Except for this Section 3.4.7.4, the terms of Section 3.4 (including, without limitation, the Unplanned Downtime Goal) do not apply to Lessee's access of Inactive Lessee Content. Lessee represents, warrants and agrees that it (A) is solely responsible for determining the retention period applicable to it with respect to Lessee Content maintained by Lessor; (B) has consulted with or has had the opportunity to consult with legal, information governance or records management professionals; and (C) is not relying upon Lessor to assist with determining the records maintenance or retention requirements applicable to it. 2.4.8. Modifications. Changes to this Section 2.4 may be made from time to time at Lessor's sole discretion. Lessee will be notified of any such changes that are material. 3. Implementation Services. Lessor shall provide ASP Services implementation, training and any related services identified in a Schedule (the "Implementation Services "). Lessee shall, in a timely manner and at its own expense, cooperate and provide or make available to Lessor access to the Lessee's premises, systems, telephone, terminals and facsimile machines and all relevant information, documentation and staff reasonably required by Lessor to enable Lessor to perform the Implementation Services. Lessee acknowledges that any time frames or dates for completion of the Implementation Services set out in a Schedule are estimates only and the ability to meet them is influenced by a range of factors including, without limitation, response times and level of cooperation of Lessee. Any obligations as to time are therefore on a "reasonable efforts" basis only and Lessor shall not be liable for failure to meet time frames or completion dates unless solely due to Lessor's gross negligence. 4. Support Services. Lessor shall provide the following Support Services for ASP Services, except that Lessor will have no obligation to provide such Support Services if any payments are past due. 4.1. Support. 4.1.1. Emergency Support. Lessor shall provide telephone support to Lessee for 24 hours a day, 7 days a week, to address Errors that prevent Lessee from using Supported ASP Services for a purpose for which Lessee has an immediate and material need. "Supported ASP Services" means the ASP Services for which Lessee has paid the then - current Fees. "Supported Environment" means a browser and other technical environment that supports the use of the ASP Services in accordance with the Documentation. "Error" means a reproducible defect in the Supported ASP Services when operated in accordance with the Documentation in a Supported Environment that causes the Supported ASP Services not to operate substantially in accordance with such Documentation. 4.1.2. Technical Support. Lessor shall provide telephone support to Lessee during 6 a.m. to 6 p.m. Eastern Time, Monday to Friday, excluding Lessor holidays (`Business Hours ") to address all other Errors relating to any Supported ASP Services. Such telephone support will include (i) clarification of functions and features of the Supported ASP Services; (ii) clarification of the Documentation; (iii) guidance in operation of the Supported ASP Services; (iv) assistance in identifying and verifying the causes of suspected Errors in the Supported ASP Services; and (v) advice on bypassing identified Errors in the Supported ASP Services, if reasonably possible. Responses to such reporting shall be provided at a minimum within twenty-four (24) hours during Business Hours. 4.1.3. Resolution. Lessor shall use commercially reasonable efforts to provide a modification or workaround to Supported ASP Services that resolves an Error in all material respects ( "Resolution "). 4.1.4. Expenses. Support Services provided hereunder shall be provided from Chelmsford, Massachusetts or Broomfield, Colorado, as determined in Lessor's sole discretion. Should Lessee request that Lessor send personnel to Lessee's location to resolve any Error in the Supported ASP Services, Lessor may charge Lessee a fee of $2,500 for each day Lessor personnel is at Lessee's location. 4.1.5. Exceptions. Lessor shall have no responsibility under this ASP Agreement to fix any Errors arising out of or related to the following causes: (a) Lessee's modification or combination of the Access Software (in whole or in part), (b) use of the Supported ASP Services in an environment other than a Supported Environment; or (c) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; failure of media not fumished by Lessor; excessive heating; fire and smoke damage; operation of the Supported ASP Services with other media and hardware, software or telecommunication interfaces; or causes other than ordinary use. Any corrections performed by Lessor for such Errors shall be made, in Lessor's reasonable discretion, at Lessor's then - current time and material charges. Lessor will provide the Support Services only for the most current release and the one immediately preceding major release of any Access Software. Notwithstanding anything to the contrary in the Master Agreement, (i) Lessor may cease providing Support Services for any ASP Services upon at least six (6) months advance notice to Lessee of such cessation and (ii) Support Services do not cover Third Party Products or Services (defined below). 4.2. Conditions and Limitations. Lessee shall provide Lessor with access to Lessee's personnel and its equipment. This access must include the ability to remotely access the equipment on which the Supported ASP Services are operating and to obtain the same access to the equipment as those of Lessee's employees having the highest privilege or clearance level. Lessor will inform Lessee of the specifications of the remote access methods available and associated software needed, and Lessee will be responsible for the costs and use of said equipment. Fees for third party software and services are set by the owner of such software. 5. Warranties. V3.2 (02- 23- 2024) -FMV Page 11 of 18 Agreement #ZO01969211 5.1. Implementation Services and Support Services. Subject to Lessee being current with its payments under the Master Agreement, any Implementation Services or Support Services provided to Lessee will be performed with due care in a professional and workmanlike manner. Lessor shall perform the Implementation Services or Support Services again if Lessor was unsuccessfully in completing the Implementation Services and/or Support Services. Lessee shall notify the Lessor in writing within thirty (30) days following performance of the unsuccessful Implementation Services or Support Services, specifying the nature of the unsuccessful services in reasonable detail. 5.2. ASP Services and Access Software. Subject to the Lessee being current with payments under the Master Agreement, Lessor states with respect to any ASP Services that (i) Lessor has the right to license the Access Software and Documentation and make the ASP Services available to Lessee pursuant to this ASP Agreement and (ii) the ASP Services, when used as permitted and in accordance with the Documentation, will materially conform to the Documentation. Lessor does not warrant that Lessee's use of the ASP Services will be error free or uninterrupted. Lessee will notify Lessor in writing of operating issues with respect to any ASP Services prior to the expiration or termination of the associated Schedule for such ASP Services. If Lessor is unable to provide a correction or workaround pursuant to the terms governing the provision of the ASP Services after using commercially reasonable efforts, Lessor may terminate such Schedule upon written notice to Lessee. Any such correction or workaround shall not extend the term of such Schedule. This Section 5.2 sets forth Lessee's exclusive remedy, and Lessor's entire liability, for operating issues for the ASP Services contained herein. 5.3. Warranty Disclaimers. The remedies for the Software and Services are solely and expressly asset forth in Section 5.1 and Section 5.2 and are expressly qualified, in their entirety, by this Section 5.3. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 AND SECTION 5.2, (A) THE SOFTWARE AND SERVICES ARE PROVIDED STRICTLY "AS IS ", WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, WRITTEN OR ORAL; (B) LESSOR DOES NOT PROMISE THAT THE SOFTWARE OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR -FREE OR THAT THEY ARE SUITABLE FOR THE PARTICULAR NEEDS OF CUSTOMER, REGISTERED USERS OR ANY THIRD PARTY; AND (C) LESSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE IN TRADE. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS ASP AGREEMENT, AND THAT NO WARRANTIES ARE MADE BY ANY OF LESSOR'S LICENSORS OR SUPPLIERS WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES. Lessee acknowledges and agrees that, in entering into this ASP Agreement, it has not relied upon the future availability of any new or enhanced feature or functionality, or any new or enhanced product or service, including, without limitation, updates or upgrades to Lessor's existing products and services. Lessor's performance obligations hereunder are limited to those expressly enumerated herein, and payment for Lessor's performance obligations shall be due as described herein. 6. Confidentiality. Neither party will use any trade secrets, information, or other material, tangible or intangible, that relates to the business or technology of the other party and is marked or identified as confidential or is disclosed in circumstances that would lead a reasonable person to believe such information is confidential (`Confidential Information ") for any purpose not expressly permitted by this ASP Agreement, and will further disclose the Confidential Information of the party disclosing it (`Disclosing Party") only to the employees or contractors of the party receiving it (`Receiving Party ") who have a need to know such Confidential Information for purposes of this ASP Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party's duty hereunder. The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The ASP Services, Software and Documentation shall be Lessor's Confidential Information (including without limitation any routines, subroutines, directories, tools, programs, or any other technology included in the Software), notwithstanding any failure to mark or identify it as such. The Receiving Party's obligations under this Section 7 with respect to any Confidential Information of the Disclosing Party will terminate when and to the extent the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) is independently developed by the Receiving Party without access to, or use of, Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) necessary for the Receiving Party to enforce its rights under this ASP Agreement in connection with a legal proceeding; or (ii) required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such disclosure in writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party's reasonable request and expense, in any lawful action to contest or limit the scope of such disclosure. 7. Indemnification. 7.1. By LESSOR. Lessor will defend, at its own expense, any action against Lessee or its or any of its agents, officers, director, or employees (`Lessee Parties ") brought by a third party alleging that any Software or Services infringe any U.S. patents or any copyrights or misappropriate any trade secrets of a third party, and Lessor will pay those costs and damages finally awarded against the Lessee Parties in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Lessee: (a) notifying Lessor promptly in writing of such claim or action; (b) giving Lessor sole control of the defense thereof and any related settlement negotiations; and (c) cooperating with Lessor and, at Lessor's request and expense, assisting in such defense. If any of the Software or Services become, or in Lessor's opinion is likely to become, the subject of an infringement claim, Lessor may, at its sole option and expense, either: (i) procure for Lessee the right to continue using such Software or Services; (ii) modify or replace such Software or Services with substantially similar software or services so that such Software or Services becomes non - infringing; or (iii) terminate this ASP Agreement, in whole or in part. Notwithstanding the foregoing, Lessor will have no obligation under this Section 7.1 or otherwise with respect to any infringement claim based upon: (1) use of any of the Software or Services not in accordance with this ASP Agreement; (2) any use of any Software or Services in combination with products equipment, software, services or data not supplied by Lessor if such infringement would have been avoided but for the combination with other products, equipment, software, services or data; (3) the failure of Lessee to implement any replacements, corrections or modifications made available by Lessor for any Software or Services including, but not limited to, any use of any release of the Software other than the most current release made commercially available by Lessor; (4) any Lessee Content; or (5) any modification of any Software or Services or use thereof by any person other than Lessor or its authorized agents or subcontractors. This Section 8 states Lessor's entire liability and the exclusive remedy for any claims of infringement. 7.2. By Lessee. Lessee shall indemnify, defend and hold Lessor and its agents, officers, directors and employees (the "Lessor Parties ") harmless from and against any and all liabilities, losses, expenses, damages and claims (collectively, "Claims ") that arise out of the following except to the extent the Claims are due to the gross negligence, intentional misconduct or breach of this ASP Agreement by the Lessor Parties: (i) information provided to any of the Lessor Parties by any of the Lessee Parties; (ii) any of the Lessee Parties' use or misuse of any of the Software or Services, including without limitation in combination with Lessee's software or services or third party software or services; (iii) any modifications made by any of the Lessee Parties to any of the Software or Services; (iv) infringement by any of the Lessee Parties of any third party intellectual property right; (v) Taxes (other than taxes based on Lessor's net income) and any related penalties and interest, arising from the payment of the Fees or the delivery of the Software and Services to Lessee; and (ix) any violation of laws or regulations, including without limitation applicable export and import control laws and regulations in the use of any of the Software or Services, by any of the Lessee Parties. 8. Limitation of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL LESSOR OR ITS AFFILIATES, SUBCONTRACTORS OR SUPPLIERS, OR ANY OF THEIR OFFICERS OR DIRECTORS, BE LIABLE, EVEN IF ADVISED OF THE POSSIBILITY, FOR: (i) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), (ii) LOSS OF PROFIT, DATA, BUSINESS OR V3.2 (02- 23- 2024) -FMV Page 12 of 18 Agreement #ZO01969211 GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (iii) ANY LOSSES, COSTS OR DAMAGES ASSOCIATED WITH CUSTOMER'S PRODUCTS OR OTHER ELEMENTS INCORPORATED OR USED THEREWITH WHICH WERE NOT PROVIDED BY LESSOR OR WITH RESPECT TO ANY MODIFICATIONS MADE TO THE SOFTWARE OR SERVICES OR MISUSE OF THE SOFTWARE OR SERVICES. LESSOR'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE PRO -RATED PORTION AMOUNT PAID TO LESSOR BY CUSTOMER FOR THE SOFTWARE AND SERVICES PROVIDED UNDER THIS ASP AGREEMENT DURING THE 12 -MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. Lessee acknowledges that these limitations reflect the allocation of risk set forth in this ASP Agreement and that Lessor would not enter into this ASP Agreement without these limitations on its liability. Lessee agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. The remedies in this ASP Agreement are Lessee's sole and exclusive remedies. In addition, Lessor disclaims all liability of any kind of Lessor's licensors and suppliers, for third party products or services, and for the actions or omissions of Lessee's representatives. 9. Ownership. All right, title and interest, including but not limited to all existing or future copyrights, trademarks, service marks, trade secrets, patents, patent applications, know how, moral rights, contract rights, and proprietary rights, and all registrations, applications, renewals, extensions, and combinations of the foregoing, in and to the following are the exclusive property of Lessor (or, as the case may be, its subsidiaries, licensors and suppliers): (i) ASP Services, Software, Documentation, and all proprietary technology used by Lessor to perform its obligations under this ASP Agreement; (ii) all software, tools, routines, programs, designs, technology, ideas, know -how, processes, techniques and inventions that Lessor makes, develops, conceives or reduces to practice, whether alone or jointly with others, in the course of performing the Services; (iii) the fully compiled version of any of the foregoing software programs that can be executed by a computer and used without further compilation (the "Executable Code "); (iv) the human readable version of any of the foregoing software programs that can be compiled into Executable Code (the "Source Code "); and (v) all enhancements, modifications, improvements and derivative works of each and any of the foregoing (the "Lessor Property"). If any derivative work is created by Lessee from the Software or Services, Lessor shall own all right, title and interest in and to such derivative work. Any rights not expressly granted to Lessee hereunder are reserved by Lessor. 10. Term and Termination. 10.1. Term. The term of this ASP Agreement (`Term") begins on the effective date of the associated Schedule incorporating this ASP Agreement and continues until it is terminated. The term of each associated Schedule begins on the effective date of such Schedule and continues until it expires or is terminated. 10.2. Termination. Either party may terminate this ASP Agreement without cause upon thirty (30) days' prior written notice to the other party. Either party may terminate this ASP Agreement if the other party materially defaults in the performance of any of its obligations hereunder and fails to cure such default within twenty (20) days after written notice from the non - defaulting party. This ASP Agreement may not extend beyond the term of the associated Schedule. 10.3. Effects of Termination. Upon expiration or termination of this ASP Agreement for any reason: (a) all amounts, if any, owed to Lessor for ASP Service or the associated Schedule that has expired or been terminated (the "Expired or Terminated Document ") before such termination or expiration will become immediately due and payable; (b) Lessee's right to access the ASP Services, and all licensed rights granted, in the Expired or Terminated Document will immediately terminate and cease to exist; and (c) Lessee must (i) promptly discontinue all use of any ASP Services provided under the Expired or Terminated Document (ii) erase all copies of Access Software, if any, from Lessee's computers and the computers of its customers and return to Lessor or destroy all copies of such Access Software and related Documentation on tangible media in Lessee's possession and (iii) return or destroy all copies of the Documentation in Lessee's possession or control; (d) each party shall promptly discontinue all use of the other party's Confidential Information disclosed in connection with the Expired or Terminated Document and return to the other party or, at the other party's option, destroy, all copies of any such Confidential Information in tangible or electronic form. 11. General Provisions. 11.1. Compliance with Laws. Lessee shall comply with all applicable laws and regulations, and obtain required authorizations, concerning its use of the ASP Services, including without limitation if applicable all export and import control laws and regulations. Lessee will not use any ASP Services for any purpose in violation of any applicable laws. Lessor may suspend performance if Lessee violated applicable laws or regulations. 11.2. Audits and Inspections. Upon written request from Lessor, Lessee shall furnish Lessor with a certificate signed by, at least, Vice President level executive of Lessee stating that the ASP Services are being used strictly in accordance with the terms and conditions of this ASP Agreement. During the Term and for a period of six months following the termination or expiration of this ASP Agreement, upon prior written notice, Lessor will have the right, during normal business hours, to inspect, or have an independent audit firm inspect, Lessee's records relating to Lessee's use of the ASP Services to ensure it is in compliance with the terms of this ASP Agreement. 11.3. Assignments. Assignment terms are set forth in the Master Agreement and shall also apply to this ASP Agreement. 11.4. U.S. Government End Users. If Lessee is a branch or agency of the United States Government, the following provision applies. The Software and Documentation are composed of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202 1 (JUN 1995) and 227.7202 3 (JUN 1995). 11.5. Notices. All notices, consents, and approvals under this ASP Agreement shall be the same terms as set forth in the Master Agreement. 11.6. Governing Law and Venue; Waiver of Jury Trial. This ASP Agreement will be governed by and interpreted in accordance with the laws of the State of Oklahoma without reference to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this ASP Agreement. Any action or proceeding arising from or relating to this ASP Agreement shall be brought in a federal or state court in the State of Oklahoma, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. Each party hereby knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury in respect of any litigation arising out of or in connection with this agreement. 11.7. Remedies. Except as otherwise expressly provided in this ASP Agreement, the parties' rights and remedies under this ASP Agreement are cumulative. Lessee acknowledges that the Software and Services are built on valuable trade secrets and proprietary information of Lessor, that any actual or threatened breach hereof will constitute immediate, irreparable harm to Lessor for which monetary damages would be an inadequate remedy, and that Lessor will be entitled to injunctive relief for such breach or threatened breach. Lessee farther agrees to waive and hereby waives any requirement for the security or the posting of any bond in connection with such remedies. Such remedies shall not be considered to be the exclusive remedies for any such breach or threatened breach but shall be in addition to all other remedies available at law or equity to Lessor. 11.8. Waivers. Any waiver or failure to enforce any provision of this ASP Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 11.9. Severability. If any provision of this ASP Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this ASP Agreement will continue in full force and effect. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this ASP Agreement, and this ASP Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. 11.10. Independent Contractors. The parties are entering into, and will perform, this ASP Agreement as independent contractors. Nothing in this ASP Agreement will be construed to make either party the agent of the other for any purpose whatsoever, to authorize either party to enter into any contract or assume any obligation on behalf of the other or to establish a partnership, franchise or joint venture between the parties. V3.2 (02- 23- 2024) -FMV Page 13 of 18 Agreement #ZO01969211 11.11. Third Parties. If Lessee engages a third -party provider (`Third Party Provider") to deliver products or services, including without limitation software, integrated into or receiving data from or accessing the ASP Services (`Third Party Products or Services "), Lessee represents, warrants and agrees that: (i) Lessee is solely responsible for any amounts owed to Third Parties Provider, (ii) Lessor shall have no liability, and makes no representation, with respect to such Third Party Products or Services; and (iii) the Third Party Provider shall not be an agent of Lessor. To the extent the ASP Services or Software contains software owned by a third party for which Lessor has a license agreement with a third party, the ASP Services and Software and all rights granted hereunder are expressly limited by and subject to any license agreements Lessor may have for such software. 11.12. Force Majeure. Neither party shall be liable for failure of performance hereunder arising out of causes beyond such party's reasonable control and without such party's fault or negligence, including, but not limited to, failure of its suppliers to timely deliver acceptable parts or services, any act or omission of Lessee that interferes with or impedes Lessor's performance hereunder, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures (a "Force Majeure Event "). 11.13. Amendment; No Third -Party Beneficiaries; Survival. This ASP Agreement may not be amended or changed, or any provision hereof waived except in writing signed by both parties. Any different or additional terms in any purchase order, confirmation or similar form issued or otherwise provided by Lessee but not signed by an authorized representative of Lessor shall have no force or effect. There are no third -party beneficiaries of this ASP Agreement. Those provisions of this ASP Agreement that may be reasonably interpreted as surviving termination of this ASP Agreement or the survival of which is necessary for the interpretation or enforcement of this ASP Agreement shall continue in full force and effect in accordance with their terms notwithstanding the termination hereof including, but not limited to, Section 6 (Confidentiality), Section 7 (Indemnification), Section 8 (Limitation on Liability), Section 9 (Ownership), Section 10.3 (Effects of Termination) and Section 11 (General Provisions). This ASP Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. 12. HIPAA. This Section 12 applies if and to the extent that Lessor creates, receives, maintains or transmits, directly or indirectly, any protected health information of Lessee (`PHI") in the course of providing Software or Services to Lessee. Capitalized terms used but not defined in this Section 12 have the meanings assigned to them elsewhere in the ASP Agreement or, if not defined therein, as defined in the Health Insurance Portability and Accountability Act of 1996 (P.L. 104 191), 42 U.S.C. Section 1320d, et seq., and regulations promulgated thereunder, as amended from time to time (such statute and regulations collectively referred to as "HIPAA "). "Covered Entity" as used herein means Lessee. `Business Associate" as used herein means Lessor. The purpose of this Section 12 is to comply with 45 C.F.R. §I64.502(e) and §I64.504(e), governing PHI and business associates under HIPAA 12.1. Applicability. This Section 12 applies if and to the extent that Business Associate creates, receives, maintains or transmits, directly or indirectly, any PHI in the course of providing Software or Services to Covered Entity. 12.2. Compliance and Agents. Business Associate agrees that, to the extent it has access to PHI, Business Associate will fully comply with the requirements of this Section 12 with respect to such PHI. Business Associate will ensure that every agent, including a subcontractor, of Business Associate to whom it provides PHI received from, or created or received by Business Associate on behalf of, Covered Entity will comply with the same restrictions and conditions as set forth herein. 12.3. Use and Disclosure; Rights. Business Associate agrees that it shall not use or disclose PHI except as permitted under this ASP Agreement, and in compliance with each applicable requirement of 45 CFR Section 164.504(e). Business Associate may use or disclose the PHI received or created by it, (a) to perform its obligations under this ASP Agreement, (b) to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Master Agreement, or (c) to provide data aggregation functions to Covered Entity as permitted by HIPAA. Further, Business Associate may use the PHI received by it in its capacity as Business Associate, if necessary, to properly manage and administer its business or to carry out its legal responsibilities. Business Associate may disclose the PHI received by it in its capacity as Business Associate to properly manage and administer its business or to carry out its legal responsibilities if (a) the disclosure is required by law, or (b) the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it is disclosed to the person and the person notifies Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by Covered Entity. 12.4. Safeguards. Business Associate agrees to develop, document, use, and keep current appropriate procedural, physical, and electronic safeguards, as required in 45 C.F.R. § §164.308 - 164.312, sufficient to prevent any use or disclosure of electronic PHI other than as permitted or required by this ASP Agreement. 12.5. Minimum Necessary. Business Associate will limit any use, disclosure, or request for use or disclosure to the minimum amount necessary to accomplish the intended purpose of the use, disclosure, or request. 12.6. Report of Improper Use or Disclosure. Business Associate shall report to Covered Entity any information of which it becomes aware concerning any use or disclosure of PHI that is not permitted by this ASP Agreement and any security incident of which it becomes aware. Business Associate will, following the discovery of a breach of "unsecured protected health information," as defined in 45 C.F.R. § 164.402, notify Covered Entity of such breach within 15 days. The notice shall include the identification of each individual whose unsecured protected health information has been or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such breach. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this ASP Agreement. 12.7. Individual Access. In accordance with an individual's right to access to his or her own PHI in a designated record set under 45 CFR § 164.524 and the individual's right to copy or amend such records under 45 CFR § 164.524 and § 164.526, Business Associate shall make available all PHI in a designated record set to Covered Entity to enable the Covered Entity to provide access to the individual to whom that information pertains or such individual's representative. 12.8. Amendment of and Access to PHI. Business Associate shall make available for amendment PHI in a designated record set and shall incorporate any amendments to PHI in a designated record set in accordance with 45 CFR §164.526 and in accordance with any process mutually agreed to by the parties. 12.9. Accounting. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to an individual's request for an accounting of disclosures of their PHI in accordance with 45 CFR §164.528. Business Associate agrees to make available to Covered Entity the information needed to enable Covered Entity to provide the individual with an accounting of disclosures as set forth in 45 CFR §164.528. 12.10. DHHS Access to Books, Records, and Other Information. Business Associate shall make available to the U.S. Department of Health and Human Services (`DHHS "), its internal practices, books, and records relating to the use and disclosure of PHI received from or created or received by Business Associate on behalf of, Covered Entity for purposes of determining the Covered Entity's compliance with HIPAA. 12.11. Individual Authorizations; Restrictions. Covered Entity will notify Business Associate of any limitation in its notice of privacy practices, any restriction to the use or disclosure of PHI that Covered Entity has agreed to with an individual and of any changes in or revocation of an authorization or other permission by an individual, to the extent that such limitation, restriction, change, or revocation may affect Business Associate's use or disclosure of PHI. 12.12. HITECH Act Compliance. Covered Entity and Business Associate agree to comply with the amendments to HIPAA included in the Health Information Technology for Economic and Clinical Health Act (the " HITECH Act "), including all privacy and security regulations issued under the HITECH Act that apply to Business Associate. V3.2 (02- 23- 2024) -FMV Page 14 of 18 Agreement #ZO01969211 12.13. Breach; Termination; Mitigation. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate's obligations under this Section 12, Covered Entity and Business Associate shall take any steps reasonably necessary to cure such breach and make Business Associate comply, and, if such steps are unsuccessful, Covered Entity may terminate this ASP Agreement. Business Associate shall take reasonable actions available to it to mitigate any detrimental effects of such violation or failure to comply. 12.14. Return of PHI. Business Associate agrees that upon termination of this ASP Agreement, and if feasible, Business Associate shall (a) return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, that Business Associate has continued to maintain in any form or manner and retain no copies of such information or, (b) if such return or destruction is not feasible, immediately notify Covered Entity of the reasons return or destruction are not feasible, and extend indefinitely the protection of this Section 12 to such PHI and limit further uses and disclosures to those purposes that make the return or destruction of the PHI not feasible. 12.15. De- identified Health Information. Business Associate may de- identify any and all PHI and may create a "Limited Data Set" in accordance with 45 C.F.R. § 164.514(b) & (e). Covered Entity acknowledges and agrees that de- identified information is not PHI and that Business Associate may use such de- identified information for any purpose not prohibited by F11PAA. Use or disclosure of a Limited Data Set must comply with 45 CFR 164.514(e). 12.16. Survival. All representations, covenants, and agreements in or under this Section 12 shall survive the execution, delivery, and performance of this ASP Agreement. 12.17. Further Assurances; Conflicts. Each party shall in good faith execute, acknowledge or verify, and deliver any and all documents which may from time to time be reasonably requested by the other party to carry out the purpose and intent of this Section 12. The terms and conditions of this Section 12 will override and control any expressly conflicting term or condition of the Master Agreement. All non - conflicting terms and conditions of the Master Agreement shall remain in full force and effect. Any ambiguity shall be resolved in a manner that will permit Covered Entity to comply with HIPAA. For the avoidance of doubt, a limitation on liability in the Master Agreement does not conflict with this Section 12. 12.18. Applicable Law. The parties acknowledge and agree that HIPAA may be amended and additional guidance or regulations implementing FIIPAA may be issued after the date of the execution of this ASP Agreement and may affect the parties' obligations hereunder. The parties agree to take such action as is necessary to amend this ASP Agreement from time in order as is necessary for Covered Entity to comply with HIPAA. V3.2 (02 -23- 2024) -FMV Page 15 of 18 Agreement #ZO01969211 EXHIBIT C Worry -Free Service Plan (This EXHIBIT C only applies if Worry -Free Service Plan is included in the applicable quote) WORRY -FREE SERVICE PLAN The following repair services are included under the Worry-Free Service Plan ( "Worry - Free "). Should Equipment be deemed unrepairable, based on Lessor's generally accepted technical support practices, replacement of such Equipment shall be the responsibility of Lessee. Field Preventive Maintenance at Lessee's facility, including: • Provide documentation for regulatory agencies • Manage and track Lessee's Preventive Maintenance ('TM") schedule • Test all device parameters • Identify and/or troubleshoot potential issues and make recommendations • Troubleshoot device(s) and/or accessories under contract • Inspect battery chargers and review battery management as required 2. Telephone Support 24/7 3. General software updates 4. Free loaner equipment as determined by Lessor 5. Technical support for Equipment as described on the ZOLL website (bttps://www.zoll.com/contact/technical-suppo Waiver of shipping and handling fees 7. Waiver of Minimum Service Fee 8. Repair or replacement of parts within the charger that are subject to normal wear and burnout during normal use, including but not limited to, lamps, fuses, batteries, patient cables and accessories. 9. Repair or replacement, at Lessor's sole option, at no charge to the Lessee, of the charger if it is affecting the integrity of the device. 10. SurePower chargers (parts and labor covered for normal wear and tear as determined by Lessor) 11. ECG 12 -lead cable replacement upon failure, excluding physical damage, with one replacement per unit per year. 12. On -site device deployment when repaired unit is returned 13. Battery Replacement Program: • Only batteries identified as part of the Master Agreement will be replaced under this program • Batteries must be maintained in accordance with ZOLL's battery maintenance program • Up to three (3) batteries for each device will be replaced upon failure annually, throughout the term of the Master Agreement in the event the SurePower battery or SurePower Charger displays a fault. • Battery failures must be evaluated and confirmed by ZOLL Technical Support or by a ZOLL on -site field service technician before a battery can be replaced. 14. Accidental damage coverage. Includes one device outer housing replacement per year per device. Catastrophic damage beyond repair will not be covered. Lessor's regular service charges shall apply if device is in need of a second outer housing replacement within twelve (12) months of previous outer housing replacement, providing device is still under this Worry-Free plan. ON -SITE SUPPORT OPTION 15. On -site Support, including evaluation and packing of device for return to Lessor's service depot • On -site Support — 48 -72 -hour response. Includes authorized on -site device repairs for all capital equipment included in Exhibit A, evaluation, packing of device for return to Lessor's service depot. V3.2 (02- 23- 2024) -FMV Page 16 of 18 Agreement #ZO01969211 • In the event of a reported device malfunction, the device should be made available to the Lessor's Field Service Engineer (' FSE ") during the scheduled visit at one of the two centrally located stations. • A primary and back -up contact must be provided to the FSE for all communication. • Routine service inspections will be conducted on Lessee's site during normal working hours (8.30am — 5.30pm EST, Monday — Friday). • Outside of normal business hours, arrangements are available by request only. Lessor reserves the right to charge additional fees for such services, to be agreed between Lessor and Lessee. 16. The postponement of a routine service inspection shall not diminish Lessee's responsibility for the continued proper use and upkeep of the equipment, in accordance with the applicable user manuals. 17. ECG 12 -lead cable replacement upon failure, excluding physical damage, one replacement per unit per year V3.2 (02 -23- 2024) -FMV Page 17 of 18 Notice Information: If to Lessor by mail to: ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824 -4105 Attn: Contracts Department 214 If to Lessor by email to both: Contracts(a_zoll.com All notices of a legal nature should also be sent to: By mailto: ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824 -4105 Attn: Office of General Counsel By email to: LeealNotice(a_zoll.com EXHIBIT D If to Lessee: Owasso Fire EMS 8901 North Garnett Road Owasso, OK 74055 Attn: David Hurst Agreement #ZO01969211 V3.2 (02 -23- 2024) -FMV Page 18 of 18 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06/15/24 Department Payroll Expenses Total Expenses 105 Municipal Court 6,819.17 10,624.09 110 Managerial 26,732.27 36,338.06 120 Finance 21,312.89 32,681.88 130 Human Resources 13,110.30 19,876.35 160 Community Development 22,375.27 33,507.37 170 Engineering 22,912.56 35,024.93 175 Information Systems 26,073.59 37,408.61 181 Building Maintenance 9,194.00 14,373.50 190 Cemetery 1,416.80 3,050.03 201 Police Overtime -Grant - - 215 Central Dispatch 3,748.87 5,979.51 221 Animal Control 5,536.00 9,445.78 280 Emergency Preparedness 2,772.70 3,832.19 370 Stormwater /ROW Maint. 7,767.98 12,646.71 515 Park Maintenance 13,515.68 20,278.67 520 Culture /Recreation 9,014.03 13,973.50 550 Community- Senior Center 6,451.65 8,243.58 580 Historical Museum 934.40 1,043.25 720 Strong Neighborhood 450.60 555.15 General Fund Total 200,138.76 298,883.16 185 Vehicle Maintenance Fund Total 13,271.62 21,864.85 255 Ambulance Fund Total 699.31 780.78 215 E911 Communication 28,479.19 44,108.32 250 Fire Fund 37 Total 251,324.80 377,227.78 201 Police Fund 38 Total 244,282.61 361,179.29 300 Streets Fund 39 Total 26,131.99 45,606.52 370 Stormwater Fund 27 Total 7,094.64 11,787.40 150 Worker's Compensation Total 938.16 1,118.68 720 Strong Neighborhoods Total 4,823.56 6,845.75 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 06/27 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL AMOUNT 59,161.10 20,054.48 90,836.60 13,772.07 108,603.38 292,427.63 6,683.00 1,545.40 8,228.40 VSP ADMIN FEES 87.80 ADMIN FEES 1,452.88 VISION DEPT TOTAL 1,540.68 HEALTHCARE SELF INSURANCE FUND TOTAL 302,196.71 Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510 -2021 Fax: (888) 671 -4959 Contract Change Order Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 17 Address: 201 S Cedar Street Owasso, OK 74055 Date: 6/5/24 Phone: ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate + or-) 1 Remove existing concrete footing discovered during grading $1,500.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 1,500.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $70,194.00 7. Contingency to date (Original Amount $135,690.00) $65,496.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) = $ 1,500.00 TOTAL COST (This Change OrderOnly) _ $ 1,500.00 Change In Contract Duration /Time By This Change Order ( 1 )(Increase) (Decrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: CONTRACT STATUS 1. Original Contract Amount $1,903,259.00 2. Net Change By Previous Change Order(s) $68,694.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 1,500.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $70,194.00 7. Contingency to date (Original Amount $135,690.00) $65,496.00 SECTION 00600 CHANGE ORDER PROJECT: Original Elm Creek Outfall Rehabilitation CHANGE ORDER NUMBER: 2 CONTRACT DATE: January 9. 2024 DATE: June 20, 2024 TO CONTRACTOR: Insituform Technologies CONTRACT FOR: Elm Creek Outfall The Contract is changed as follows: Addition of a pay item to the contract for ARPA sign installation as required by the loan agreement. Item will be built, and installed and removed for a LS cost of $1500.00. Project allowance will be reduced by $1500.00 to $26,468.00. No increase to contract price. Project allowance will be used to for this change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 1,182,640.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 21,187,879.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 1,182,640.00 The Contract Time will be (increased) (decreased) (unchanged) by (_0_} days. The date of Substantial Completion as of the date of this Change Order therefore is August 22. 2024 NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Insituform Technologies Inc CONTRACTOR 5033 Mosson Rd, Fort Worth, TX 76119 ADDRESS BY DATE 6/20/24 City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 BY '1 . DATE le - 20— ZOZ T SPECIAL PROVISIONS 0509 00900 - Page t of 4