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HomeMy WebLinkAbout2026.07.07_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, July 7, 2026 - 6:00 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 Dr. Paul Loving 2. Invocation - Reverend Linzy Slayden, Friendship Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Courage - Dr. Chad Balthrop 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 16, 2026, Regular Meeting B. Approve claims C. Approve deferred retirement benefits for Brooke Harris D. Approve early retirement benefits for Norman Joe Barker E. Amend the Sales Tax Oversight Committee Policy Statement by removing the specific industry categories for appointments and making all 15 positions "at large" appointments maintaining residency requirements of the fenceline and/or school district F. Accept a donation of fish for stocking the two detention ponds at the new Public Works Facility from Miller-Tippens Construction G. Accept public infrastructure of a sanitary sewer system, water system, and concrete work, including an approach and sidewalk located at 11105 East 1 161h Street North (Attic Storage) H. Accept public infrastructure of a sanitary sewer system, water system, and a concrete approach including the stormwater box under the approach located at the southeast corner of East 97th Street North (Mingo Road) and East 891h Street North (Fairway Villas) 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to ZOLL One Lease Master Agreement and amending the same to add additional medical equipment David Hurst Staff recommends approval of the Master Agreement Schedule No. 2 in an amount not to exceed $2,315.41 monthly, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents. 9. Consideration and appropriate action relating to an agreement with Oklahoma Natural Gas (ONG) for gas facilities relocation for the East 96+h Street North Widening from North 134th Eave Avenue to North 145th East Avenue - Dwayne Henderson Staff recommends approval of the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso, authorization to execute the Agreement, and authorization to terminate the agreement if revised estimates submitted by ONG become more than $666,594.00 prior to commencement of construction, and if determined by the City Manager that the revised estimate no longer fits within the budget. Owasso City Council July 7, 2026 Page 2 10. Consideration and appropriate action relating to an agreement for engineering services related to miscellaneous stormwater and erosion control - Dwayne Henderson Staff recommends approval of the Professional Services Agreement with WSB, LLC, of Minneapolis, Minnesota, in an amount not to exceed $60,000.00, and authorization to execute all necessary documents. 11. Consideration and appropriate action relating to an agreement for engineering design services for the South Main Street Drainage Improvements Project - Daniel Dearing Staff recommends approval of the Professional Services Agreement with WBS, LLC, of Minneapolis, Minnesota, in the amount of $360,300.00, and authorization to execute all necessary documents. 12. Consideration and appropriate action relating to Resolution 2026-13, continuing the Fiscal Year 2025- 2026 Collective Bargaining Agreement between the City of Owasso and the International Association of Fire Fighters Local #2789 into Fiscal Year 2026-2027 - Michele Dempster Staff recommends approval of Resolution 2026-13. 13. Consideration and appropriate action relating to various appointments for Owasso Citizen Boards and Committees - Mayor Loving will seek confirmation of the following appointments: AUDIT COMMITTEE Chad Balthrop (Seat 1, City Council), term expires June 30, 2027 Robert Curfman (Seat 3, Business Person), term expires June 30, 2029 Andrea O'Dell (Seat 4, Non -Practicing CPA) term expires June 30, 2029 BOARD OF ADJUSTMENT Heather Cunningham (At Large), term expires June 30, 2029 Bob Parker (At Large), term expires June 30, 2029 CAPITAL IMPROVEMENTS COMMITTEE - term expires June 30, 2027 Chad Balthrop (City Council Representative) Jason Drake (At Large) Cody Walter (City Council Representative) Jim Hunter (At Large) David Smith (Planning Commission Representative) Rob Haskins (At Large) Dirk Thomas (OEDA Representative) Kent Inouye (At Large) Jeff Davis (At Large) Keith Whitfield (At Large) OWASSO ECONOMIC DEVELOPMENT AUTHORITY Skip Mefford, term expires June 30, 2031 Chelsea Feary (Chamber Representative), term expires June 30, 2027 Alvin Fruga (Council Representative), term expires June 30, 2027 PERSONNEL BOARD Melissa Nordeen, term expires June 30, 2029 PLANNING COMMISSION Kent Inouye, term expires June 30, 2029 INDIAN NATIONS COUNCIL OF GOVERNMENTS (INCOG) BOARD OF DIRECTORS/GENERAL ASSEMBLY - term expires June 30, 2028 Jamie Dunn (City Council Representative) Paul Loving (City Council, Alternate) INCOG TRANSPORTATION POLICY COMMITTEE - term expires June 30, 2027 Roger Stevens (Public Works Director) Travis Blundell (Assistant Public Works Director, Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE - term expires June 30, 2027 Dwayne Henderson (Public Works) Daniel Dearing (Public Works, Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY - term expires June 30, 2027 Travis Blundell (Public Works) Dwayne Henderson (Public Works, Alternate) Owasso City Council July 7, 2026 Page 3 14. Presentation of the monthly Project Status Report - Roger Stevens 15. Report from City Manager 16. Report from City Attorney 17. Report from City Councilors 18. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Reports - pay period ending date June 13, 2026 and June 27, 2026 • Healthcare Self -Insurance Claims - dated as of June 30, 2026 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment Amended Notice of Public Meeting filed in the office of the City Clerk on Thursday, April 9, 2026, and the Agenda posted at City Hall, 200 South Main Street, 1:30 am on Thursday, Ju y 2, 2026. liann M. Stevens, City Clerk The City of Owasso encourages citizen participation. To request on accommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918-376-1502 or by email to istevens@cityofawasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, JUNE 16, 2026 The Owasso City Council met in regular session on Tuesday June 16, 2026, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the amended Notice of Public Meeting filed Thursday, April 9, 2026; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 11:30 am on Friday, June 12, 2026. 1. Call to Order - Mayor Dr. Paul Loving called the meeting to order at 6:00 pm. 2. Invocation - The Invocation was offered by Pastor John -David Meissner of New Heights Church. 3. Flag Salute - Mayor Loving led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor- Dr. Paul Loving None Vice Mayor- Dr. Chad Balthrop Councilor- Alvin Fruga Councilor - Jamie Dunn Councilor - Cody Walter Staff: City Manager - Chris Garrett / City Attorney - Julie Lombardi 5. Presentation of the Employee of the Quarter Chris Garrett presented the Employee of the Quarter to Bethany Brewer, Recreation and Culture Event Planner. 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 2, 2026, and June 9, 2026, Regular Meetings B. Approve claims C. Accept public infrastructure of a concrete approach and sidewalk at 11290 North 135fh East Avenue (Goodwill Industries) D. Accept public infrastructure of a stormwater drainage system, sanitary sewer system, and street improvements for the residential development located east of East 68th Place North and west of North 129th East Avenue (Keys Landing II) Mr. Balthrop moved, seconded by Mr. Walter, to approve the Consent Agenda as presented, with claims totaling $1,487,262.02. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. Consideration and appropriate action relating to an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purposes of discussing confidential communication between the City Council and its Attorney concerning a pending legal action in the District Court of Tulsa County, State of Oklahoma, styled as Marissa Harvick, an Individual, and Davin Gummere, an Individual Y. The City of Owasso, Case No. CJ-2025-05141 Julie Lombardi presented the item, recommending to enter into executive session. Mr. Walter moved, seconded by Mr. Fruga, to enter into executive session. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 Owasso City Council June 16, 2026 Page 2 At 6:09 pm, the City Council, Julie Lombardi, Chris Garrett, and Beth Anne Childs entered into Executive Session. At 6:28 pm, the City Council, Julie Lombardi, Chris Garrett, and Beth Anne Childs exited Executive Session and returned to Open Session. Consideration and appropriate action relating to a settlement agreement and release between Davin Gummere, an individual, and the City of Owasso, and a settlement agreement and release between Marissa Harvick, an individual, and the City of Owasso, in the pending legal action in the District Court of Tulsa County, State of Oklahoma, styled as Marissa Harvick, an Individual, and Davin Gummere, an Individual v. The City of Owasso, Case No. CJ-2025-0514 Beth Anne Childs presented the item, recommending to table the settlement agreements to the July 7, 2026 City Council meeting. There were no comments from the audience. Mr. Fruga moved, seconded by Ms. Dunn to table the item until July 7, 2026. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 10. Consideration and appropriate action relating to Consideration and appropriate action relating to an Employment Agreement between the City and Julie Lombardi for the position of City Attorney, effective July 1, 2026, through June 30, 2028 Michele Dempster presented the item. There were no comments from the audience. Mr. Walter moved, seconded by Mr. Balthrop, to approve the Employment Agreement. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 11. Consideration and appropriate action relating to an employment agreement between the City and the Fraternal Order of Police (FOP), Lodge #149 Michele Dempster presented the item, recommending approval of the Fiscal Year 2026-2027 contract between the City and the Fraternal Order of Police, Lodge # 149, and authorization to execute all necessary documents. There were no comments from the audience. Mr. Fruga moved, seconded by Ms. Dunn, to approve the contract and authorize execution of all necessary documents, as recommended. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 12. Consideration and appropriate action relating to the renewal of the Master Services Agreement with First Responder Support Services, PLLC (FRSS) of Tulsa, Oklahoma, for professional behavioral health services Michele Dempster presented the item, recommending approval of the Third Renewal Agreement in the amount of $55,980.00 and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Loving moved, seconded by Mr. Walter, to approve the Third Renewal Agreement and authorize execution of all necessary documents, as recommended. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 Owasso City Council June 16, 2026 Page 3 13. 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 the following budget amendments increasing the estimated revenues and the appropriations for expenditures in the following amounts: • General Fund $ 850,000.00 • Tax Increment Financing (TIF) Fund 300,000.00 • Senior Center Fund 478,234.00 • Half -Penny Sales Tax Fund (Police) 10,000.00 There were no comments from the audience. After discussion, Mr. Balthrop moved, seconded by Ms. Dunn, to approve the budget amendments, as recommended. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 14. Consideration and appropriate action relating to Resolution 2026-11, providing for the adoption of an annual budget for Fiscal Year 2026-2027 General Fund and other Funds, establishing levels of expenditures by department, and establishing budget amendment authority as provided by state statutes Carly Novozinsky presented the item, recommending approval of Resolution 2026-11. There were no comments from the audience. After discussion, Mr. Walter moved, seconded by Mr. Balthrop, to approve Resolution 2026-11, as recommended. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 15. Consideration and appropriate action relating to Ordinance 1249, amending Part 12, Planning, Zoning, and Development of the Code of Ordinances of the City of Owasso, repealing Chapter 2 Zoning Regulations, in its entirety, and enacting a new Chapter 2 Zoning Regulations, adopting by reference regulations for the use of land, buildings, sites, and structures within the city limits Alexa Beemer presented the item, recommending adoption of Ordinance 1249. There were no comments from the audience. After discussion, Mr. Walter moved, seconded by Mr. Fruga, to adopt Ordinance 1249 as recommended. YEA: Balthrop, Dunn, Walter, Frugal, Loving NAY: None Motion carried: 5-0 16. Consideration and appropriate action relating to bids received for the 2026 Street Rehabilitation Project Maintenance using High Density Mineral Bond (HAS) Dwayne Henderson presented the item, recommending to award the contract to Holbrook Asphalt, LLC of Saint George, Utah, in the amount of $412,050.17 and authorizing execution of the necessary documents. There were no comments from the audience. After discussion, Mr. Fruga moved, seconded by Mr. Balthrop, to award the contract and authorize execution of the necessary documents, as recommended. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 Owasso City Council June 16, 2026 Page 4 17. Consideration and appropriate action relating to the Professional Services Agreement with WSB, LLC of Tulsa, Oklahoma, for miscellaneous stormwater and erosion control engineering projects Dwayne Henderson presented the item, recommending approval of the Amendment for Additional Services No. 1 to the Professional Services Agreement in the amount of $12,000.00 and authorization to execute the necessary documents. There were no comments from the audience. After discussion, Mr. Walter moved, seconded by Mr. Balthrop, to approve the amendment and authorize execution of the necessary documents, as recommended. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 18. Consideration and appropriate action relating to Resolution 2026-12, a resolution adopting the 2026 Owasso Economic Development Strategic Plan Chris Garrett presented the item, recommending approval of Resolution 2026-12. There were no comments from the audience. After discussion, Ms. Dunn moved, seconded by Mr. Fruga, to approve Resolution 2026-12, as recommended. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 19. Report from City Manager - Chris Garrett reported on the June Community Movie Night at Redbud Festival Park. 20. Report from City Attorney - None 21. Report from City Councilors - None 22. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date May 30, 2026 • Monthly Budget Status Report - as of May 31, 2026 • Oklahoma Department of Environmental Quality, Permit No. WL000072260260 for potable water line improvements at the intersection of East 96th Street North and North 145th East Avenue 23. New Business - None 24. Adjournment Mr. Fruga moved, seconded by Mr. Walter, to adjourn the meeting. YEA: Balthrop, Dunn, Walter, Fruga, Loving NAY: None Motion carried: 5-0 and the meeting adjourned at 7:15 pm. Dr. Paul Loving, Mayor Juliann M. Stevens, City Clerk Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AT&T PHONE USE $42.42 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $2,678.80 HKS ENERGY SOLUTIONS INC ENGINEERING SERVICES $16,114.00 JACKSON MECHANICAL SERVICE INC HVAC REPAIR SHOOTING RANG $3,311.57 JACKSON MECHANICAL SERVICE INC VALVE REPLACEMENT $1,755.00 JPMORGAN CHASE BANK ACE -EYE BOLTS $3.40 JPMORGAN CHASE BANK AMAZON-CERT. HOLDERS $32.99 JPMORGAN CHASE BANK AMAZON -CHAIR WHEELS $26.98 JPMORGAN CHASE BANK AMAZON -DESK TRAYS $39.58 JPMORGAN CHASE BANK AMAZON -DOOR SIGN $18.22 JPMORGAN CHASE BANK AMAZON -DOOR STOPS $18.99 JPMORGAN CHASE BANK AMAZON -DRY ERASE $37.99 JPMORGAN CHASE BANK AMAZON -FILE CABINET $99.99 JPMORGAN CHASE BANK AMAZON -GENERATOR CONN $51.98 JPMORGAN CHASE BANK AMAZON -INK CARTRIDGES $82.48 JPMORGAN CHASE BANK AMAZON -JANITORIAL $118-47 JPMORGAN CHASE BANK AMAZON -PINS & FLAGS $34.74 JPMORGAN CHASE BANK AMAZON -PUSH PINS $3.00 JPMORGAN CHASE BANK AMAZON -SAFETY GLASSES $31.15 JPMORGAN CHASE BANK AMAZON -SUPPLIES $689.17 JPMORGAN CHASE BANK AMAZON -TRASH CAN $54.90 JPMORGAN CHASE BANK AMAZON -WATER FILTERS $149.94 JPMORGAN CHASE BANK AMAZON -WELDER $62.98 JPMORGAN CHASE BANK AMERICAN-DUMPSTER $133.30 JPMORGAN CHASE BANK AMZN-EXHAUST HANDLES $43.25 JPMORGAN CHASE BANK AMZN-TONER CARTRIDGE $73.45 JPMORGAN CHASE BANK AUTOZONE-FUNNEL $5.69 JPMORGAN CHASE BANK CINTAS-JANITOR SUPP $1,022.28 JPMORGAN CHASE BANK CONTRACT -BLINDS $1,660.00 JPMORGAN CHASE BANK DALES -ELECTRICAL $98.00 JPMORGAN CHASE BANK GRIMSLEYJANITOR SUPP $85.51 JPMORGAN CHASE BANK KINECT-DOOR REPLACE $2,250.00 JPMORGAN CHASE BANK LOCKE-220 COVER PLATE $3.17 JPMORGAN CHASE BANK LOCKE-REBUILD KIT $40A0 JPMORGAN CHASE BANK LOCKE-REPAIR TOILET $46.28 JPMORGAN CHASE BANK LOWES-CAULK $28.14 JPMORGAN CHASE BANK LOWES-JANITOR SUPP $105.98 JPMORGAN CHASE BANK LOWES-REFUND ($8.68) JPMORGAN CHASE BANK LOWES-THRESHOLDS $41.44 JPMORGAN CHASE BANK LOWES-TV ANCHORS $34.98 JPMORGAN CHASE BANK NALCO-WATER SOFTENER $275.00 1 Fund Claims List - 07/07/26 Vendor Name 01 GENERAL 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 JPMORGAN CHASE BANK JPMORGAN CHASE BANK OKLAHOMA DEPARTMENT OF LABOR OVERHEAD DOOR CO. OF TULSA, INC UNIFIRST HOLDINGS LP Payable Description Payment Amount ODP-FILE FOLDERS $15.28 QUIT -PEST CONTROL $305.00 ROTO ROOTER -PLUMBING $514.00 ROTO-DRAIN CLEAN $235.00 SAMS-BLDG SUPPLIES $68.90 SAMS-WATER & TRASH $25.94 SECOND GEN-LOCKSMITH $156.25 SUMMIT -INSPECTION $448.45 SUMNER-MOVE EQUIPMENT $150.00 SUPPLY -PLUMBING PARTS $496.24 WALMART-TRASH CAN $59.16 ELEVATOR INSPECTION $225.00 REPAIR $1,433.00 UNIFORMS $52.24 FACILITY MAINTENANCE -Total $35,581.39 GH2 ARCHITECTS LLC ENGINEERING SVC $4,831.91 FUNTASTIC RESTROOM UPGRAD -Total $4,831.91 AEP/PSO ELECTRIC USE $349.75 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $1,173.62 JPMORGAN CHASE BANK ODEPOT-OFFICE SUPP $531.14 JPMORGAN CHASE BANK QUARTER -RAIN JACKETS $153.97 JPMORGAN CHASE BANK SMARTAG-TAG MICROCHIP $262.96 JPMORGAN CHASE BANK WALMART-AC SUPPLIES $166.95 JPMORGAN CHASE BANK WALMART-DOG FOOD $149.96 JPMORGAN CHASE BANK WALMART-DOG TREATS $50.98 JPMORGAN CHASE BANK WALMART-FILTER &LIGHT $38.97 JPMORGAN CHASE BANK WALMART-WATER BOTTLES $39.99 JPMORGAN CHASE BANK WESTERN -TAGS $141.69 GEN ANIMAL CONTROL -Total $3,059.98 AEP/PSO ELECTRIC USE $24.99 JPMORGAN CHASE BANK BROWN -SOD $25.00 JPMORGAN CHASE BANK GRAPHIC -LAMINATION $70.00 JPMORGAN CHASE BANK INTERSTATE -BATTERY $99.60 SPOK INC. PAGER USE $11.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $25.02 GEN CEMETERY -Total $255.61 JPMORGAN CHASE BANK SAMS-CLASS SUPPLIES $91.12 JPMORGAN CHASE BANK SAMS-LUNCH SUPPLIES $59.82 SUSAN R CHERMACK PAINT CLASS $280.00 TREASURER PETTY CASH CC CLASS REF-KNOP $75.00 E Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN COMM CTR DONATIONS -Total $505.94 AEP/PSO ELECTRIC USE $1,213.87 IMPERIAL LLC COFFEE SUPPLIES $173.90 JPMORGAN CHASE BANK ACADEMY -CLASS SUPP $34.99 JPMORGAN CHASE BANK AMAZON -AIR DUSTER $32.82 JPMORGAN CHASE BANK AMAZON -BATTERIES $21.55 JPMORGAN CHASE BANK AMAZON -CLASS SUPPLIES $48.48 JPMORGAN CHASE BANK AMAZON -COFFEE BAR $17.36 JPMORGAN CHASE BANK AMAZON -DEHUMIDIFIER $18.02 JPMORGAN CHASE BANK AMAZON -FLY CATCHER $37.47 JPMORGAN CHASE BANK AMAZON -MOP BUCKET $101.70 JPMORGAN CHASE BANK AMAZON-OPS SUPPLIES $40.37 JPMORGAN CHASE BANK AMAZON -REFUND ($13.56) JPMORGAN CHASE BANK LIVING -IRRIGATION RPR $1,153.00 JPMORGAN CHASE BANK LOWES-MOP BUCKET $89.98 JPMORGAN CHASE BANK SAMS-SCOTCH TAPE $19.98 JPMORGAN CHASE BANK SAMS-TISSUES &COFFEE $103.87 JPMORGAN CHASE BANK UVERSE-WIFI $177.36 GEN COMMUNITY CENTER -Total $3,271.16 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $2,558.41 ERIC WALTRIP MOWING SERVICES $1,100.00 JPMORGAN CHASE BANK ACADEMY -UNIFORMS $59.94 JPMORGAN CHASE BANK COLUMN -LEGAL NOTICE $249.26 JPMORGAN CHASE BANK TOMMYS-FLEET MAINT $106.46 KENNETH LIVINGSTON MOWING SERVICES $700.00 KENNETH LIVINGSTON TREE REMOVAL $1,200.00 GEN COMMUNITY DEVELOPMENT - Total $5,974.07 AEP/PSO ELECTRIC USE $22.28 GEN ECONOMIC DEV -Total $22.28 AEP/PSO ELECTRIC USE $158.71 GEN EMERG COMMUNICATIONS -Total $158.71 AEP/PSO ELECTRIC USE $111.27 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $586.81 JPMORGAN CHASE BANK COX -SET UP $97.63 JPMORGAN CHASE BANK SHINE-ADMIN MAINT $22.50 JPMORGAN CHASE BANK VVEC-STORM SIRENS $130.74 GEN EMERG PREPAREDNESS -Total $948.95 DEPARTMENT OF ENVIRONMENTAL LIC RENEWAL $368.00 QUALITY ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $2,033.97 UNIFIRST HOLDINGS LP UNIFORM SERVICES $58.17 3 Fund 01 GENERAL Claims List - 07/07/26 Vendor Name Payable Description Payment Amount UNITED STATES CELLULAR PHONE USE $115.01 CORPORATION GEN ENGINEERING -Total $2,575.15 JPMORGAN CHASE BANK AMAZON -ENVELOPES $20.79 JPMORGAN CHASE BANK OPAYO-MEMBER RENEW $46.66 JPMORGAN CHASE BANK SAV-ON-ENVELOPES $315.00 SUMNERONE INC COPIER LEASE $69.00 GEN FINANCE -Total $451.45 AEP/PSO ELECTRIC USE $6,405.46 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $1,127.55 IMPERIAL LLC COFFEE SUPPLIES $587.15 JPMORGAN CHASE BANK IMPERIAL -COFFEE SUPP $135.55 JPMORGAN CHASE BANK QUADIENT-POSTAGE LEAS $1,110.66 JPMORGAN CHASE BANK SUMNER-COPIER LEASE $1,092.64 LEE ENTERPRISES INCORPORATED OWASSO REPORTER $30,000.00 PURCHASE MAILROOM FINANCE INC POSTAGE $1,500.00 SUMNERONE INC COPIER LEASE $411.05 TULSA COUNTY CLERK SERVICES $40.00 GEN GENERAL GOVERNMENT -Total $42,410.06 AEP/PSO ELECTRIC USE $131.26 GEN HISTORICAL MUSEUM -Total $131.26 JPMORGAN CHASE BANK STAPLES -BLUE PAPER $178.40 JPMORGAN CHASE BANK STAPLES -REFUND ($89.20) GEN HR-CHAR INITIATIVE -Total $89.20 JPMORGAN CHASE BANK AMC-DRUGTESTS $366.00 JPMORGAN CHASE BANK GIANT OS-TRAING PLTFM $1,877.60 JPMORGAN CHASE BANK INDEED -JOB ADS $2,084.48 JPMORGAN CHASE BANK SAMS-BLDG SUPPLIES $18.78 JPMORGAN CHASE BANK SAV-ON-PRINTING $100.00 JPMORGAN CHASE BANK STRATA -CHARACTER MAGZ $1,096.71 GEN HUMAN RESOURCES -Total $5,543.57 AT&T MOBILITY PUBLIC SAFETY $142.95 JPMORGAN CHASE BANK AMAZON -CAMERA TESTER $359-99 JPMORGAN CHASE BANK AMAZON -TOOLS $99.49 JPMORGAN CHASE BANK BATTERIES -BACKUP SUPP $137.50 JPMORGAN CHASE BANK COX-INTERNET FEE $1,598.94 JPMORGAN CHASE BANK COX -PHONE SERVICE $69.08 JPMORGAN CHASE BANK EBAY-DOOR CONTROLLER $1,526.00 JPMORGAN CHASE BANK EBAY-POWER SUPPLIES $85.00 JPMORGAN CHASE BANK LOWES-INSTALL SUPP $1.38 0 Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK SWG-POE INJECTORS $515,00 JPMORGAN CHASE BANK UVERSE-GUEST NETWORK $177.36 TREASURER PETTY CASH BENNIE ROW -MILEAGE $166.03 GEN INFORMATION TECH -Total $4,878.72 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $1,019.57 JPMORGAN CHASE BANK CC MTG 06109 $97.50 JPMORGAN CHASE BANK COUNCIL RLTN O6109 $38.36 JPMORGAN CHASE BANK COUNCIL RLTN 5/26 $35.36 JPMORGAN CHASE BANK EMPLY RLTN 06/10 $40.15 JPMORGAN CHASE BANK EMPLY RLTN 6/09 $59.95 JPMORGAN CHASE BANK LEE-TULSA WORLD SUB $65.34 JPMORGAN CHASE BANK LOT129-PARKING FEE $2.00 JPMORGAN CHASE BANK MTG 05105 $13.07 JPMORGAN CHASE BANK OCC-REG FEE $175.00 JPMORGAN CHASE BANK OCC-REGSTR FEE $90.00 JPMORGAN CHASE BANK OEDA RLTN 06/04 $37.46 JPMORGAN CHASE BANK PASTOR MTG O6/02 $21.60 JPMORGAN CHASE BANK TRVL EXP 05/20-05123 $918.79 JPMORGAN CHASE BANK USPS-TRAVEL OK EVENT $34.00 L & M OFFICE FURNITURE, INC OFFICE FURNITURE $4,886.70 GEN MANAGERIAL -Total $7,534.85 JPMORGAN CHASE BANK AMAZON -OFFICE SUPP $436.18 JPMORGAN CHASE BANK LODG EXP 04/22-04/24 $317.30 JPMORGAN CHASE BANK NCOURT-CONFERENCE REG $670.00 JPMORGAN CHASE BANK SUMNER-COPIER LEASE $33.20 GEN MUNICIPAL COURT -Total $1,456.68 AEP/PSO ELECTRIC USE $2,616.37 E&I MOTOR REPAIR LLC PUMP REPAIR $3,025.00 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $2,358.32 FOUNTAIN PEOPLE RAYOLA PARTS $858.50 JANI-KING OF TULSA INC JANITORIAL SVC $3,695.57 JPMORGAN CHASE BANK ACADEMY -SOFTBALL SUPP $23.98 JPMORGAN CHASE BANK AMAZON -SOFTBALL SUPP $268.00 JPMORGAN CHASE BANK AMAZON -TREE GRATE $532.14 JPMORGAN CHASE BANK ATWOOD-PPE SUNGLASSES $24.99 JPMORGAN CHASE BANK CERTUS-OSHA TRAINING $24.95 JPMORGAN CHASE BANK LOWES-GFCl/RECEPTACLE $70.41 JPMORGAN CHASE BANK LOWES-PAVER SAND $110.40 JPMORGAN CHASE BANK SWEETWATER-STAGE LIGH $1,584.00 K2K LLC BEAVERTRAPPING $1,494.00 MATLOCK SECURITY SYSTEMS ALARM INSTALLATION $2,148.00 5 Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 01 GENERAL POWER PLAY LLC RDBD WTR FEATURE REP $19,695.00 ROGERS COUNTY RURAL WATER WATER SVC $623.31 DISTRICT UNIFIRST HOLDINGS LP UNIFORMS $33.78 WASHINGTON CO RURAL WATER WATER SVC $36.00 DISTRICT GEN PARKS -Total $39,222.72 ARIEL HUERTA RWB BALLOONS $200.00 COLE PHILLIPS LLC RWB ENTERTAINMENT $500.00 DALLAS DRISKELL FIREWORK EVENT $12,500.00 JAMES NEIL CLINE RWB BALLOONS $200.00 JPMORGAN CHASE BANK AMAZON -EVENT SUPPLIES $71.20 JPMORGAN CHASE BANK AMAZON-JUNE CMN SUPP $146.69 JPMORGAN CHASE BANK AMAZON -NOTARY STAMP $21.84 JPMORGAN CHASE BANK FACEBK-ADS $100.00 JPMORGAN CHASE BANK IDENTOGO-NOTARY FINGE $50.00 JPMORGAN CHASE BANK TIKTOK-ADS $55.00 JPMORGAN CHASE BANK WALMART-MOVIE SUPP $55.31 JPMORGAN CHASE BANK WALMART-OFF SUPP $12.41 KAITLIN BRYAN RWB FACEPAINT $220.00 SUMNERONE INC COPIER LEASE $31.60 TREASURER PETTY CASH PHILLIPS-RWB ENTERTMT $2,500.00 GEN RECREATION & CULTURE -Total $16,664.05 CINTAS CORPORATION FIRST AID SUPP $76.58 DEPARTMENT OF ENVIRONMENTAL LIC RENEWAL $184.00 QUALITY ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $4,698.64 HERITAGE LANDSCAPING LLC LAWN MAINTENANCE $390.00 JPMORGAN CHASE BANK ACE -KEYS $28.46 JPMORGAN CHASE BANK AMAZON -BUG REPELLENT $59.76 JPMORGAN CHASE BANK ATWOOD-RUBBER BOOTS $19.99 JPMORGAN CHASE BANK ATWOOD-SAFETY BOOTS $159.95 JPMORGAN CHASE BANK ATWOOD-SPRAYERS $199.96 JPMORGAN CHASE BANK ATWOOD-TUBED GREASE $119.80 JPMORGAN CHASE BANK HARD HAT -SAFETY GLOVE $100.63 JPMORGAN CHASE BANK INTERSTATE -BATTERY $227.00 JPMORGAN CHASE BANK LOWES-BOLTS & NUTS $34.46 JPMORGAN CHASE BANK LOWES-LOCKS $18.98 JPMORGAN CHASE BANK ULINE-EAR PLUGS $20.50 JPMORGAN CHASE BANK WHITE CAP -HARD HATS $38.80 SOURCEONE MANAGEMENT SERVICES LAWN MAINTENANCE $12,765.00 INC SPOK INC. PAGER USE $227.50 E Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 01 GENERAL UNIFIRST HOLDINGS LP UNIFORM SERVICES $126.18 GEN STORMWATER •Total $19,496.19 AEP/PSO ELECTRIC USE $1,638.35 TREASURER PETTY CASH CC DEP REF -CHANDLER $50.00 TREASURER PETTY CASH CC DEP REF-GREENE $200.00 TREASURER PETTY CASH CC DEP REF-KHANG $50.00 TREASURER PETTY CASH CC DEP REF-LOWMAN $100.00 TREASURER PETTY CASH CC DEP REF-THOMAS $100.00 TREASURER PETTY CASH CC DEP REF-VAHCHUAMA $100.00 GENERAL -Total $2,238.35 JPMORGAN CHASE BANK GALAZY-BOUNCE HOUSE $275.00 JPMORGAN CHASE BANK SWANK -MOVIE RIGHTS $515.00 MOVIE NIGHT DONATIONS • Total $790.00 JPMORGAN CHASE BANK AMAZON -PARKS FURNITUR $460.09 JPMORGAN CHASE BANK HDEPOT-PARKS FURNITUR $241.16 JPMORGAN CHASE BANK TJMAX-PARKS FURNITURE $108.95 JPMORGAN CHASE BANK WALMART-PARKS FURNITU $141.10 SCHOOLS IN LLC PARKS OFC FURNITURE $2,042.55 PARKS FACILITY -Total $2,993.85 COLE PHILLIPS LLC RWB ENTERTAINMENT $2,000.00 RED, WHITE & BOOM DONATIO - Total $2,000.00 GENERAL -Total $203,086.10 20 AMBULANCE SERVICE ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $34,965.49 JPMORGAN CHASE BANK AMZN-FILE ORGANIZERS $43.98 JPMORGAN CHASE BANK LIFE-MED SUPPLIES $932.80 JPMORGAN CHASE BANK LIFE -REFUND ($364.00) JPMORGAN CHASE BANK OK HEALTH -STATE LIC $85.00 JPMORGAN CHASE BANK OK.GOV-OSDH $3.96 JPMORGAN CHASE BANK OREILLY-AIR FILTERS $19.78 JPMORGAN CHASE BANK REGISTRY EMT -EMT TEST $175.00 MEDICLAIMS INC BILLING SERVICES $7,112.95 PERFORMANCE REPAIR, LLC MEDIC 3 REPAIRS $27,438.20 SKYLINE PHARMACEUTICALS INC MED SUPPLIES $799.90 AMBULANCE -Total $71,213.06 TREASURER PETTY CASH SR AMB REF-THOMPSON $24.00 AMBULANCE SERVICE -Total $24.00 AMBULANCE SERVICE -Total $71,237.06 21 E-911 AT&T PHONE USE $275.24 E911 COMMUNICATIONS -Total $275.24 7 Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 21 E-911 -Total $275.24 23 EMERGENCY SIREN JPMORGAN CHASE BANK FEDEX-SHIPPING $26.47 SIREN FD - EMERGENCY PREP -Total $26.47 EMERGENCY SIREN -Total $26.47 25 HOTELTAX GREEN COUNTRY INC EVENTADS $1,649.25 GREEN COUNTRY INC MARKETING FOR CITY $275.00 JPMORGAN CHASE BANK 41MPRINT-OFFICE SUPP $387.73 JPMORGAN CHASE BANK CADAMY-EDSP REVAMP $2,500.00 HOTEL TAX ECON DEV -Total $4,811.98 HOTELTAX -Total $4,811.98 27 STORMWATER MANAGEMENT WSB LLC PROFESSIONAL SVCS $2,075.00 LAKERIDGE SW (2025 FLOOD) - Total $2,075.00 MESHEK&ASSOCIATES, LLC PROFESSIONAL SERVICES $900.00 NOTTINGHAM DRAINAGE IMPRO -Total $900.00 WSB LLC PROFESSIONAL SERVICES $19,085.36 RAYOLA PARK DETENTION -Total $19,085.36 AEP/PSO ELECTRIC USE $39.81 DEPARTMENT OF ENVIRONMENTAL LIC RENEWAL $276.00 QUALITY ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $43,051.95 GREEN COUNTRY TESTING, INC OILIWATERTEST $680.00 GREEN COUNTRY TESTING, INC WASH BAY TEST $680.00 JPMORGAN CHASE BANK ACCURATE -LAB SERVICES $810.00 JPMORGAN CHASE BANK AMAZON -BINDERS $601.89 JPMORGAN CHASE BANK AMAZON -DYE TABLETS $67.95 JPMORGAN CHASE BANK AMZN-DESK ORGANIZERS $119.97 JPMORGAN CHASE BANK ATWOOD-BALL & HITCH $31.99 JPMORGAN CHASE BANK ATWOOD-TRASH BAGS $141.90 JPMORGAN CHASE BANK BROWN -SOD $20.00 JPMORGAN CHASE BANK CMTY EVENT 05/28 $55.92 JPMORGAN CHASE BANK CORE -MANHOLE HOOK $28.89 JPMORGAN CHASE BANK CORE -STRONG PLUG $141.09 JPMORGAN CHASE BANK DRAINNET-CARRING CASE $518.91 JPMORGAN CHASE BANK PREMIUM -PARKING FEE $5.59 JPMORGAN CHASE BANK PREMIUM -PARKING FEE $5.59 JPMORGAN CHASE BANK TUL HLTH-LAB SERVICES $234.00 JPMORGAN CHASE BANK UE TULSA-CLUTCH RPR $2,376.04 JPMORGAN CHASE BANK WALMART-CLEANING $40.95 JPMORGAN CHASE BANK WALMART-TABLE &CHAIRS $103.15 LOT MAINTENANCE OF OKLAHOMA, INC. LAWN MAINTENANCE $9,898.00 9 Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT UNIFIRST HOLDINGS LP UNIFORM SERVICES $28.86 UNITED STATES CELLULAR PHONE USE $115.00 CORPORATION WILLIAM JOSEPH BLACKARD TREE REMOVAL $1,200.00 STORMWATER-STORMWATER -Total $61,273.45 STORMWATER MANAGEMENT -Total $83,333.81 34 VISION TAX GRADE LINE CONSTRUCTION E 96 ST N WEST OF BRIDGE $45,619.00 96TH FROM 119TH TO BRIDGE -Total $45,619.00 VISION TAX -Total $45,619.00 37 SALES TAX FIRE AEP/PSO ELECTRIC USE $7,253.50 AIR CLEANING TECHNOLOGIES HVAC REPAIR $184.00 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $5,264.85 HERITAGE LANDSCAPING LLC MOWING SERVICES $2,850.00 JPMORGAN CHASE BANK ACCURATE-EXTINGUSHERS $166.84 JPMORGAN CHASE BANK ACE -AC FAN $15.71 JPMORGAN CHASE BANK ACE -CHARGER $2.00 JPMORGAN CHASE BANK ACE -OIL $29.99 JPMORGAN CHASE BANK ACE -TNT PART $5.10 JPMORGAN CHASE BANK ACE-TRNG SUPPLIES $136.62 JPMORGAN CHASE BANK ACE -TUBING $8.46 JPMORGAN CHASE BANK ACE-UPFITTING $18.86 JPMORGAN CHASE BANK AIRGAS-LATCH CASING $36.00 JPMORGAN CHASE BANK AMAZON -BLADE $15.19 JPMORGAN CHASE BANK AMAZON-CHAINSAW RPR $19.99 JPMORGAN CHASE BANK AMAZON -CHLORINE TABS $34.07 JPMORGAN CHASE BANK AMAZON-IPAD CASES $779.94 JPMORGAN CHASE BANK AMAZON -MODEM $159.49 JPMORGAN CHASE BANK AMAZON-OPS SUPPLIES $531.90 JPMORGAN CHASE BANK AMAZON -PHONE CASE $24.95 JPMORGAN CHASE BANK AMAZON -SWITCH $66.24 JPMORGAN CHASE BANK AMAZON -UNIFORMS $17.38 JPMORGAN CHASE BANK AMAZON-UPFIT MATERIAL $240.50 JPMORGAN CHASE BANK AMAZON-ZOLL MODEMS $1,770.89 JPMORGAN CHASE BANK AMERICAN-ST4 TRASH $169.91 JPMORGAN CHASE BANK ATWOOD-UPFITTING $49.99 JPMORGAN CHASE BANK CONRAD-HEADSETS $1,328.22 JPMORGAN CHASE BANK CONRAD-REPAIR $2,674.25 JPMORGAN CHASE BANK CROWN-O-RINGS $61.95 JPMORGAN CHASE BANK DATABNK-BACKGRND CHK $86.19 JPMORGAN CHASE BANK HD -STATION SUPP $171.93 JPMORGAN CHASE BANK HDEPOT-SCBATOOL $23.97 0 Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK HITCH -SHIPPING FIT $112.97 JPMORGAN CHASE BANK IAAI-MEMBERSHIP FEE $193.00 JPMORGAN CHASE BANK LOWES-SCBATOOL $39.96 JPMORGAN CHASE BANK ODEPOT-TAPE $23.08 JPMORGAN CHASE BANK OK POLICE -NAME TAG $87,45 JPMORGAN CHASE BANK PET SUPPLY -DOG FOOD $111.96 JPMORGAN CHASE BANK RWD3-ST4 WATER $39.50 JPMORGAN CHASE BANK SAMS-OFFICE SUPPLIES $55.93 JPMORGAN CHASE BANK SAMS-OPS SUPPLIES $95.54 JPMORGAN CHASE BANK SAMS-STATION SUPP $616.91 JPMORGAN CHASE BANK SHINE-ADMIN MAINT $180.00 JPMORGAN CHASE BANK SUMNER-COPIER LEASE $220.56 JPMORGAN CHASE BANK USPS-SHIPPING $10.60 JPMORGAN CHASE BANK WALMART-OPS SUPPLIES $23,76 JPMORGAN CHASE BANK WALMART-STATION SUPP $17.29 JPMORGAN CHASE BANK WEATHERTECH-REFUND ($31.65) JPMORGAN CHASE BANK WEATHERTECH-UPFITTING $386.55 MID AMERICA WATER RESCUE LLC SWIFTWATER RESCUE CLASS $6,500.00 OKIE PACKAGING AND INDUSTRIAL CLEANING SUPPLIES $944.90 SALES TAX FUND -FIRE -Total $33,827.19 SALES TAX FIRE -Total $33,827.19 38 SALES TAX POLICE JPMORGAN CHASE BANK BROWN -SOD $500.00 P.D. MULTI -USE STRUCTURE -Total $500.00 AEP/PSO ELECTRIC USE $7,257.35 AT&T MOBILITY PUBLIC SAFETY $165.43 ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $37,186.80 JPMORGAN CHASE BANK AMAZON -LOCK $53.19 JPMORGAN CHASE BANK GLOVER -OUTSIDE REPAIR $790.49 JPMORGAN CHASE BANK LODG EXP 05/05-05108 $408.75 JPMORGAN CHASE BANK ODEPOT-ENVELOPES $14.99 JPMORGAN CHASE BANK USPS-POSTAGE $21.20 JPMORGAN CHASE BANK WHITE CAP -WATTLES $193.60 JPMORGAN CHASE BANK WHITE-WATTLES/STAKES $193.60 TRAVELERS CASUALTY INSURANCE NOTARY BOND $30.00 SALES TAX FUND -POLICE -Total $46,315.40 SALES TAX POLICE -Total $46,815.40 39 SALES TAX STREETS AEP/PSO ELECTRIC USE $7,163.62 CAMO FARMS INC ASPHALT $236.27 CINTAS CORPORATION FIRST AID SUPP $76.56 DEPARTMENT OF ENVIRONMENTAL LIC RENEWAL $92.00 QUALITY 10 Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS ENTERPRISE FM TRUST LEASE PAYMENTS JUNE $1,075.09 JPMORGAN CHASE BANK AMAZON -LED LIGHTS $473.04 JPMORGAN CHASE BANK AMAZON -MAILBOX ORG $92.98 JPMORGAN CHASE BANK ATWOOD-CLEANING SUPP $29.95 JPMORGAN CHASE BANK BLUEROCK-CORE $1,488.00 JPMORGAN CHASE BANK CRAFCO-CRACK SEALANT $2,880.00 JPMORGAN CHASE BANK EQUIPMENT -CONCRETE $404.25 JPMORGAN CHASE BANK GREENHILL-CONCRETE $2,185.00 JPMORGAN CHASE BANK HARD HAT -SAFETY GLOVE $100.63 JPMORGAN CHASE BANK HDEPOT-DIAMOND BLADE $79.97 JPMORGAN CHASE BANK HDEPOT-FORMS $10.95 JPMORGAN CHASE BANK HDEPOT-SCREWS $62.94 JPMORGAN CHASE BANK LOWES-FORMS $259.48 JPMORGAN CHASE BANK LOWES-SPRAYER $189.98 JPMORGAN CHASE BANK OCC CAMP-ADA CLASS $100.00 JPMORGAN CHASE BANK OCC CAMP -SERVICE FEE $3.00 JPMORGAN CHASE BANK ODEPOT-FOLDERS $26.69 JPMORGAN CHASE BANK RANDYS-TRUCK REPAIR $3,453.15 JPMORGAN CHASE BANK ROADSAFE-ROAD PAINT $145.60 JPMORGAN CHASE BANK TWIN -CONCRETE $177.20 JPMORGAN CHASE BANK ULINE-EAR PLUGS $20.50 JPMORGAN CHASE BANK VANCE-TACK OIL $170.40 JPMORGAN CHASE BANK WHITE -METAL STAKES $66.30 SPOK INC. PAGER USE $169.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $241.40 SALES TAX FUND -STREETS -Total $21,473.95 JPMORGAN CHASE BANK COLUMN -LEGAL NOTICE $67.14 STREET REHAB FY25-26 -Total $67.14 SALES TAX STREETS -Total $21,541.09 40 CAPITAL IMPROVEMENTS GARVER 96 ST N & 145 E AVE $1,650.00 CIP 96/145TH INTERSECT -Total $1,650.00 SCHOOLS IN LLC PARKS OFC FURNITURE $10,000.00 PARKS FACILITY -Total $10,000.00 JPMORGAN CHASE BANK HOLLY -SHELVES $6,390.70 JPMORGAN CHASE BANK LENOX-TOWING $150.00 PUBLIC WORKS FACILITY -Total $6,540.70 CAPITAL IMPROVEMENTS -Total $18,190.70 44 TRANSPORTATION TAX GARVER ENGINEERING SERVICES $29,390.70 96TH ST MINGO-GARNETT -Total $29,390.70 TRANSPORTATION TAX -Total $29,390.70 11 Claims List - 07/07/26 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE AEP/PSO ELECTRIC USE $656.83 GEOTAB USA INC TELEMATICS $1,475.00 HUGG AND HALL EQUIPMENT COMPANY FLOOR SCRUBBER $19,966.00 JPMORGAN CHASE BANK AMAZON -CLOCK $209.78 JPMORGAN CHASE BANK AMAZON -WATER HOSES $197.80 JPMORGAN CHASE BANK AMZN-PAPER ORGANIZER $31.99 JPMORGAN CHASE BANK HDEPOT-TRASH CANS $311.82 JPMORGAN CHASE BANK HESSELBEIN-TIRES $315.36 JPMORGAN CHASE BANK HOLT-BRAKE HOSE $184.21 JPMORGAN CHASE BANK LENOX-TOWING $85.00 JPMORGAN CHASE BANK ODP-3M TAPE $8.69 JPMORGAN CHASE BANK ROCK -COILS & PLUGS $414.71 JPMORGAN CHASE BANK ROCK -RADIATOR FAN $210.98 JPMORGAN CHASE BANK SAMS-BLDG SUPPLIES $22.64 JPMORGAN CHASE BANK SAMS-WATER $23.88 JPMORGAN CHASE BANK SOUTHERN -TIRES $2,103.02 JPMORGAN CHASE BANK SURE -CHEMICAL SPRAY $312.93 JPMORGAN CHASE BANK WHITE STAR -DOOR RPLMT $737.08 QUALITY PETROLEUM INC BULK PETROLEUM $2,035.00 UNIFIRST HOLDINGS LP UNIFORMS $99.40 FLEET MAINTENANCE -Total $29,402.12 CITY GARAGE -Total $29,402.12 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $8,091.82 WORKERS' COMP SELF -INS -Total $8,091.82 WORKERS' COMP SELF -INS -Total $8,091.82 77 GENERAL LIABILITY-PROPERT ROSHIEKA BROTHERS TORT CLAIM $7,181.25 GEN LIAB-PROP SELF INS -Total $7,181.25 GENERAL LIABILITY-PROPERT - Total $7,181.25 78 HEALTHCARE SELF INS FUND COMMUNITYCARE EAP EAP PROGRAM $516.36 JPMORGAN CHASE BANK WALMART-FAIR DRINKS $46.29 PUSH PEDAL PULL, INC SMITH MACHN $5,437.35 WELLNESS -Total $6,000.00 HEALTHCARE SELF INS FUND -Total $6,000.00 City Grand Total $608,829.93 12 TO: The Honorable Mayor and City Council FROM: Michele Dempster, Senior Director SUBJECT: OkMRF Retirement Requests DATE: July 2, 2026 BACKGROUND: Oklahoma Municipal Retirement Fund (OkMRF) serves as the retirement plan for employees not covered by the State Police or State Fire Pension plans. The City Council, acting as the OkMRF Retirement Committee, must approve applications for retirement. To be eligible for retirement benefits through OkMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older, or age 62 with thirty years of service. 2. Early Retirement is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to a vested employee under the age of 65. Deferred Retirement allows an employee to "defer" retirement benefits until a future date. June 12, 2026, was the last day of employment for Brooke Harris, Emergency Communications division. Ms. Harris was a participant in the OkMRF retirement plan while employed with the City since November 2011. Ms. Harris is vested and has applied for, and meets the prerequisites for Deferred Retirement. July 24, 2026, will be the last day of employment for Norman "Joe" Barker, Water division. Mr. Barker was a participant in the OkMRF retirement plan while employed with the City since September 2019. Mr. Barker is vested and has applied for, and meets the prerequisites for Early Retirement. RECOMMENDATION: Staff recommends approval of Deferred Retirement benefits for Brooke Harris, and Early Retirement benefits for Norman "Joe" Barker. A_Mn5e=,� TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, Managerial Services Director SUBJECT: Proposed Amendment to Sales Tax Oversight Committee DATE: July 2, 2026 BACKGROUND: The Oversight Committee was established following the 1988 sales tax election and meets regularly to review the restricted use of the third -penny sales fax and the transportation tax. In 2004, the City Council approved the committee's original policy statement, which outlines its purpose, appointment criteria, and minimum meeting requirements. The policy has been amended twice: • February 15, 2011 - revised meeting attendance requirements • August 18, 2015-revised meeting dates j:1911*I111_1Ii During the April and May 2026 work sessions, staff proposed amending the appointment criteria for the 15-member committee by eliminating specific industry categories and making all positions ..at large." Appointees would still be required to: • Reside within the Owasso fenceline and/or school district • Not currently hold any elective office or other City Council -appointed position RECOMMENDATION: Staff recommends amending the Policy Statement by removing the specific industry categories for appointment to the Sales Tax Oversight Committee. ATTACHMENTS: Current Policy Statement Proposed Revised Policy Statement POLICY STATEMENT (revised) OWASSO CITY COUNCIL CITY OF OWASSO, OKLAHOMA The Sales Tax Oversight Committee was initially formed as a part of the 1988 Sales Tax Extension for the purpose of providing a body of representatives from various interest groups within the Owasso community to monitor the use of the designated third penny of local sales tax. Individuals from the representative group as well as from at large are appointed to this committee by the Mayor and confirmed by the City Council. Such persons are charged with meeting on a regular basis to review the status of capital improvement projects funded by the third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as well as the subsequent approval of such ordinances by the qualified electors of the City of Owasso assured a continuation of the Sales Tax Oversight Committee and the oversight given by such committee. In order to ensure the integrity of the composition of the Sales Tax Oversight Committee, the City Council of the City of Owasso adopts the following criteria as guidelines for future appointments to the Owasso Sales Tax Oversight Committee. 1. Each appointee must be a resident within the area defined as the Owasso fenceline and/or school district (herein referred to as the "service area") and must not be presently serving in any elective or other Council -appointed position with the City of Owasso; 2. NEWS MEDIA APPOINTMENT- An individual who conducts media -related activities within the service area as their primary career or business; 3. RETAIL BUSINESS APPOINTMENT- An individual who operates a retail outlet, that being a business conducting direct sales to the public within the service area; 4. SERVICE BUSINESS APPOINTMENT- An individual who operates a service business, that being a business providing direct services to the public within the service area; 5. EDUCATION APPOINTMENT - An individual employed by and actively engaged in an Owasso school, either as an administrator or a teacher, and who resides in the service area; 6. RECREATION APPOINTMENT - An individual who is an active member of an organized group promoting the development of amateur sports and recreation in the service area; 7. BUILDING INDUSTRY APPOINTMENT- An individual who is engaged in real estate improvement consisting of construction and/or development and having his/her primary business within the service area; 8. SENIOR CITIZEN APPOINTMENT- An individual who has attained the age of 60 years or more and who resides within the service area; Original Policy Statement approved by City Council April 20, 2004 Revision February 15, 2011(change termination) Revision August 18, 2015 (change meeting date/members) 9. FINANCIAL APPOINTMENT - An individual who is an officer or employee of a financial institution engaging in banking, the brokerage of stocks or bonds, or other major financial activity within the defined service area; and, 10. MEMBER AT LARGE APPOINTMENT -An individual who is a resident within the service area. The Sales Tax Oversight Committee shall consist of fifteen (15) members selected from the following: News Media One Position Retail Business Two Positions Service Business Two Positions Education One Position Recreation One Position Building Industry One Position Senior Citizen One Position Financial One Position Members at Large Five Positions A vacancy in any appointed position is hereby declared to exist upon the occurrence of any of the following events, to -wit: Any appointee absent from more than one-half of all regular or special meetings in any twenty-four (24) consecutive month period; 2. Any appointee who moves his/her residence out of the service area; or, 3. Any appointee who is no longer employed or engaged in the category from which he/she was appointed. The City Council shall be the sole judge of the qualifications of the appointees. Once a vacancy has been determined to exist by the City Council, the City Council shall appoint an individual possessing the requisite qualifications to serve from the respective category on the Sales Tax Oversight Committee. The Sales Tax Oversight Committee shall meet not less than two (2) times per fiscal year. Such two regular meetings are hereby set for the fourth Monday of March and the fourth Monday of September. Original Policy Statement approved by City Council April 20, 2004 Revision February 15, 2011(change termination) Revision August 18, 2015 (change meeting date/members) PROPOSED AMENDMENT POLICY STATEMENT (revised) OWASSO CITY COUNCIL CITY OF OWASSO, OKLAHOMA The Sales Tax Oversight Committee was initially formed as a part of the 1988 Sales Tax Extension for the purpose of providing a body of representatives from various interest groups within the Owasso community to monitor the use of the designated third penny of local sales tax. Individuals at large are appointed to this committee by the Mayor and confirmed by the City Council. Such persons are charged with meeting on a regular basis to review the status of capital improvement projects funded by the third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as well as the subsequent approval of such ordinances by the qualified electors of the City of Owasso assured a continuation of the Sales Tax Oversight Committee and the oversight given by such committee. In order to ensure the integrity of the composition of the Sales Tax Oversight Committee, the City Council of the City of Owasso adopts the following criteria as guidelines for future appointments to the Owasso Sales Tax Oversight Committee: 1. Each appointee must be a resident within the area defined as the Owasso fenceline and/or school district (herein referred to as the "service area") and must not be presently serving in any elective or other Council -appointed position with the City of Owasso; 2. The Sales Tax Oversight Committee shall consist of fifteen (15) members. A vacancy in any appointed position is hereby declared to exist upon the occurrence of any of the following events, to -wit: 1. Any appointee absent from more than one-half of all regular or special meetings in any twenty-four (24) consecutive month period; 2. Any appointee who moves his/her residence out of the service area. The City Council shall be the sole judge of the qualifications of the appointees. Once a vacancy has been determined to exist, the City Council shall appoint an individual possessing the requisite qualifications to serve on the Sales Tax Oversight Committee. The Sales Tax Oversight Committee shall meet not less than two (2) times per fiscal year. Such two regular meetings are hereby set for the fourth Monday of March and the fourth Monday of September. Original Policy Statement approved by City Council April 20, 2004 Revision February 15, 2011(change termination) Revision August 18.2015 (change meeting date/members) TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director of Operations SUBJECT: Donation of Fish for Public Works Detention Ponds DATE: July 2, 2026 BACKGROUND: • Over the past year, Public Works employees have voluntarily contributed personal funds to purchase fish for the two detention ponds located at the new Public Works Facility. To date, employees have contributed $600.00 toward this effort. • In June 2026, a private donor, Miller-Tippens Construction, generously offered to provide the remaining $1,080.00 needed to fully fund the stocking of both detention ponds. • The private donor will coordinate the purchase of fish from Moore Fish Farm using a combination of employee donations and private funds, allowing the project to be completed at no cost to the City. RECOMMENDATION: Staff recommends acceptance of the donotion of fish for stocking the two detention ponds located at the new Public Works Facility. TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Public Infrastructure at Attic Storage DATE: July 2, 2026 BACKGROUND: The subject commercial development is located at 11105 East 116rh Street North. Infrastructure includes sanitary sewer, water and concrete work including an approach and sidewalk. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in June by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two-year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of the public infrastructure located at 11105 East 116rh Street North. ATTACHMENTS: Location Map City Attorney bond approval letter & copy of bonds AM :•1 fu L 0 (J') Farris, Earl From: Stewart, Heather Sent: Wednesday, December 10, 2025 8:24 AM To: Hancock, Brandon Cc: Farris, Earl Subject: RE: Attic Storage German Corner Categories: Red Category Good morning, I have reviewed the Attic Storage, German Corner maintenance bond in the amount of $16,000.00 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 $167,957,000.00 underwriting limitation. Therefore, the bond is approved. I have also reviewed the Attic Storage, German Corner maintenance bond in the amount of $190,000.00 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 $ $3,832,000.00 underwriting limitation. Therefore, the bond is approved. Thank you, have a great day! 9feather Stewart Executive Assistant Office of the City Manager & City Attorney 918-376-1515 From: Hancock, Brandon <BHancock@CityOfOwasso.com> Sent: Wednesday, December 10, 2025 8:22 AM To: Stewart, Heather<hstewart@CityOfOwasso.com> Cc: Farris, Earl <efarris@City0f0wasso.com> Subject: RE: Attic Storage German Corner Heather- , ;yes that is a typo. The Waterline value is $165,000.00; Thanksyou From: Stewart, Heather <hstewart@CitvofOwasso.com> Sent: Wednesday, December 10, 2025 8:02 AM To: Hancock, Brandon <BHancock@CitvOfOwasso.corn> Cc: Farris, Earl <efarris9Citv0fOwasso.com> Subject: RE: Attic Storage German Corner Good morning, Is there a typo on the amount of the public water line system? In adding for the bond, it doesn't equal the $190,000 unless the "Public Water Line System $16500.00" is $165,000.00 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: RCB0058740 KNOW ALL MEN BY THESE PRESENTS, That we Morton Construction & Consulting 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 Sixteen Thousand Dollars and Zero Cents ($16 pgo,o ,) 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 Attic Storage at German Comer, (City of Owasso, Tulsa County) Sanitary Sewer Exfension 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: March 25, 2025. Morton Construction & Consultin BY:�- _ 4f� trJ dKfcte/ PIL'ESrPeG i RLI Insurance Company BY: ' V rT='„ v:' Attorney -in -Fact Amy Wint s °'z:: Qao s o ILLt1�,.' nm.... 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 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: Be"Herrin Amy Winters Neleimh Ilerrin - ininfly or severally in the City of Chandler , State of Oklahoma its true and lawful Agent(s) and Attorney(s) in Pact, won 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 Twenh• M— Million Dollars t s25,000 noo.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, Power 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 tine name of tile 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 andior 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 ist day of November . 2024 . RLI Insurance Company anny;�'••.,• mu,m,", ,�V�cEpO,,, Contractors Bonding and InspFitce Company `, 0o�od.e •OOPPORgf0•' r O m: ZC' O0PPOR4?e .V% fv; -'- =: SEAL _ _ ; SEAL ' By. Eric Raudins Sr. Vice President .••g ~, `"•,••. �': Kunms• State of Illinois )} ,<CINO�;:•`'�"``` Dorton SS County of Peoria l CERTIFICATE On this Isi day of November , 2o24 , before tile, a Notary Public, personally appeared Frfc Raudins who being by me duty swom, acknowledged shot he signed tine above Power of Attorney as the aforesaid officer of tile 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: t 1. t Jill A. Scott Notary Public mu score u aPtery Public St er ohm =ry f My C.Comm. EcDi•es Ry - (;� o`_ Sese.^tber 12. 3025 J3I.WNT1120212 I, the undersigned officer of RLI insurance Company andior Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and eflcct and is irrevocable; and furthermore. that the Resolution at* tile 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 any and/or C�ppgg,t_r>�;t rs Bonding .rod Insurance Company this day of 1��. t7U i. RLI Insurance Company Contractors Bonding and fn5uir$ OFp7£ By: c "rporatc accrcrary ..ern PROPOSAL Attic Storage at German Corner nwnccn. nK ITEM NO DESCRIPTION QTY UNIT UNIT PRICE TOTAL COST Sanitary Sewer Line 24 LF $ 50.00 $ 1,200.00 8" Sewer Main (DR-18) 55 LF $ 70.00 $ 3,850.00 8" Sewer Main (SDR-26) 2 EA $ 4,500.00 $ 9,000.00 4' ID Manhole 2 EA $ 225.00 $ 450.00 Service Tee (New Line) 1 EA $ 1,500.00 $ 1,500.00 Tie -In to Ex Manhole $ 16,000.00 Subtotal sewer Line Submitted by Morton Construction & Consulting Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No, 101554599 KNOW ALL MEN BY THESE PRESENTS, That we Strickland Construction 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 ONE HUNDRED NINETY THOUSAND DOLLARS (,�190,000.00) to which payment will and truly to be made, we do bind ourselves, and each of our hefrs; 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 Attic Storage German Corner, 11105 E. 1161h St. N., Owasso, 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 OBLICATION 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: September 19. 2025 Construction, Principal Me0ants National Bonding, Inc. Surety By0yVM-'4- , Attorney -in -Fact Tessa R Turner Attach Power of Attorney MERCHANTS BONDING COMPANY.,. POWER OF ATTORNEY KnowAll Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dibia Merchants National Indemnity Company (in California only) (herein collectively called the "Companies') do hereby make, constitute and appoint, ini ividualy, Amber M Manning; Christopher J Miller, D C Pruett; Kelly R Watson; Matthew J Miller; Paige M Turner,, Sean R Miller; Tessa R Turner their true and lawful Attomey(s)-in-Fact, to sign its name as surety(les) 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 Powe"t-Attorney 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 MerchantsNatfonat Bonding, Inc., on October 16, 2015. "The President, Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Yoe 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, recognizences, 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 or the Florida Department of Transportation only, it Is agreed that the power and aul horny hereby given to the Attomey4n-Fact includes any. and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Slate of Florida Department of Transportation. It is fully understood that consenting to the Stale 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 Attorney-fn-Fact cannot be modified of revoked unless prior wrillen 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, Vie Companies have caused this instrument to be signed and sealed this 3rd day of February . 2024 • ..... o „......., .NG Cp MERCHANTS BONDING COMPANY (MUTUAL) ; tip< � ,oa0.. P.... �je MERCHANTS NATIONAL BONDING, INC. �co 40Rp 0/r9r�p2 y • GAR AA�yy�. dlbia MERCHANTS DNATIONAL INDEMNITY COMPANY v; 2003 : ;o; ;Q. 1933 : c; By .y�.• 67 %add•..: ...•�t1�.P ...4, .,`1�.'• President STAT COUN On IN! did se seals of the d Larry Taylor. to me personally known, who being by me duty sworn AL) and MERCHANTS NATIONAL BONDING. INC.: and that the panes: and that the Mid instrument was signed and sealed in behalf r .` Note I, 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, I have hereunto set my hand and affixed the seal of the Companies on this 19th day of September .2025 PO "� d O. 'O\:gPO�p-':9y. Gj /�!%^CA'r•C/ G/�/1.�'[.r'/�' e2s 2003 3_O. ;Q'• .-f 1933 ; C, .-v. Secretary POA 0018 (1/24) TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Public Infrastructure, Fairway Villas DATE: July 2 2026 BACKGROUND: The subject residential development is located at the southeast corner of East 97th Street North (North Mingo Road) and East 89rh Street North. Infrastructure includes sanitary sewer, water, and a concrete approach including the stormwater box under the approach. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in June by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two-year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of public infrastructure at the Fairway Villas. ATTACHMENTS: Location Map City Attorney bond approval letter & copy of bonds fu LL Farris, Earl From: Stewart, Heather Sent: Tuesday, May 26, 2026 12:03 PM To: Savoy, Brandon Cc: Farris, Earl; Lombardi, Julie Subject: RE: Fairway Villas Bonds Good afternoon, I have reviewed the Fairway Villas Maintenance Bonds (Bond No.'s GR72257, GR72258, and GR72259) 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 $6,691,000.00 underwriting limitation. Therefore, the bonds are approved. Thank you, have a great day! Heather Stewart Executive Assistant Office of the City Manager & City Attorney 918-376-1515 From: Savoy, Brandon <bsavoy@CityOfOwasso.com> Sent: Tuesday, May 26, 2026 11:35 AM To: Stewart, Heather <hstewart@CityOfOwasso.com> Cc: Farris, Earl <efarris@CityCf0wasso.com>; Lombardi, Julie <1Lombardi@CityOfOwasso.com> Subject: Fairway Villas Bonds Ms. Stewart, I am sending 3 Maintenance bond's for review. Would you please reply with your findings. Thankyou, Brandon Savoy City of Owasso Infrastructure Inspecter bsavoz=�cityofo�a'asso.coi11 Office Phone 918-272-4959 Cell Phone 918-693-0001 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR72257 KNOW ALL MEN BY THESE PRESENTS, That we Developers Paving Company, L.L.C. as Principal (Developer and Contractor), and Granite Re, Inc., as Surety, are held and firmly bound onto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Five Hundred Seven Thousand, Four Dollars and Zero Cents ($507,004.00) 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 YEARS after final approval of Fairway Villas, (City of Owasso, Tulsa County) Sanitary Sewer, 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, SEAnCom D DATED: May 7, 2026. Developers Payany, L.L.C. BY: 1?.1(0u R t i 5, tYla nor Granite Rye, Inc. BY: ti��\ ���� Attorney -in -Fact Amy Winte}s Attach Power of Attorney GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BARRY L. HERRING: NELEIGH HERRING; AMY WINTERS its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney: and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: BARRY L. HERRING: NELEIGH HERRING; AMY WINTERS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 31st day ofJuly, 2023. Ken D. Whitti-�nt SEA t. STATE OF OKLAHOMA SS: COUNTY OF OKLAHOMA ) Kyle/P. McDonald, Assistant Secretary On this 31tt day of July, 2023, before me personally came Kenneth D. Whittington. President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn. said, chat they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described In and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. `,�Y�YYlhryppi My Commission Expires: April 2l, 2027 Commission #: 11003620 Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from theduly 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHERE tfrre undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 20�. SEAL Kyle P/McDonald, Assistant Secretary GR0800-1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR72258 KNOW ALL MEN BY THESE PRESENTS, That we Developers Paving Company, L.L.C. as Principal (Developer and Contractor), and Granite Re. Inc., as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Four Hundred Sixty -Eight Thousand, Two Hundred Three Dollars and Zero Cents ($468,203.00) 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 YEARS after final approval of Fairway Villas, (City of Owasso, Tulsa County) Waterline, 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 TED: May 7, 2026. Developers Paving Company, .LC. TST. Attorney -in -Fact Attach Power of Attorney GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having Its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BARRY L. HERRING: NELEIGH HERRING; AMY WINTERS its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in [he resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney: and the said GRANITE RE, INC. through us, its Board or Directors, hereby ratifies and confirms all and whatsoever the said: BARRY L. HERRING: NELEIGH HERRING; AMY WINTERS may lawfully do in the premises by virtue of these presents. in Witness Whereof, the said GRANITE RE, INC. has caused this Instrument to be sealed with Its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 31 n day of July, 2023. Kenneth D. Whittincifon, President S EA r. STATE OF OKLAHOMA ) SS: _ N COUNTY OF OKLAHOMA ) Kyle,P. McDonald, Assistant Secretary On this 31 it day of July. 2023, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said. that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE. INC., the corporation described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. 1YY��Iw' rtj r1{` tVV`Iw1AI1wPA—_ My Commission Expires: = z �---- April 21. 2027 Notary Public Commission#: 11003620 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the Following resolution is a true and correct excerpt from thelulY 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President. any Vice President, the Assistant Secretary; and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate does with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I I.TNESS WHEREOF, the undersigned hV subscribed this Certificate and affixed the corporate seal of the Corporation this (t li day of __ 2oe7U rq sOSEAL Kyle P. McDonald, Assistant Secretary GRO800-1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR72259 KNOW ALL MEN BY THESE PRESENTS; That we Developers Paving Company, L.L.C. as Principal (Developer and Contractor), and Granite Re, Inc., as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Five Thousand Dollars and Zero Cents ($5.000.00) 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 YEARS after final approval of Fairway Villas, (City of Owasso, Tulsa County) Paving and Storm Approach 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 4TED: May 20, 2026. Developers Paving C nipany, �..L.C. BY: UR�o,macp <42, Granite Re, Inc. BY: Attomey-in-Fact Ahiy W i ters Attach Power of Attorney GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: isting under the laws of the State of MINNESOTA and having its principal office at the That GRANITE RE, INC., a corporation organized and ex City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: BARRY L. HERRING: NELEIGH MURPHY; AMY WINTERS its true and lawful Attorney -in -Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors. hereby ratifies and confirms all and whatsoever the said: BARRY L. HERRING: NELEIGH MURPHY; AMY WINTERS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, attested by the signatures of its President and Assistant Secretary, this 31 et day of)uly, 2073. •"_` Kenneth D. Whittin on, President sE Ar. STATE OF OKLAHOMA ) 7 ) SS: Kyle McDonald, Assistant Secretary COUNTY OF OKLAHOMA ) on this 3 Rr day of July, 2023, before me personally carve Kenneth D. Whittington, President of the GRANITE RE. INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn. said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC.. the corporation described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation: that the seat affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors Of said corporation. and that they signed their name thereto by like order as President and Assistant Secretary. respectively, of the Company. . 4trWrp�ti- My Commission Expires: Notary Public April 21, 2027 Commission #: 11003620'�°`;;;+;` GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has no[ been revoked and is now in full force and effect. 'RESOLVED, that the President, any Vice President. the Assistant Secretary, and any Assistant Vice President shall each have authority appoint individuals as attorneys•In-fat[ or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimilethereof, may be impressed or affixed or in any other manner reproduced: provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." %kWIT.NESS WHEREOF, the undersigned has n"subscribed this Certificate and affixed the corporate seal oftheCorporation this dgr�'day of _ , 20Cna!-, y„,o... .7G.� (, /" r �✓ o sEAi. Kyle Pe McDonald, Assistant Secretary GRO800-1 TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: Zoll Equipment Master Lease Amendment DATE: July 2, 2026 BACKGROUND: In June 2024, the City Council approved a ten-year master lease agreement with ZOLL One for emergency medical equipment in an amount not to exceed $19,917,40 per month, contingent upon annual appropriations by the City Council. The agreement included twelve (12) ZOLL X-Series cardiac monitors, eight (8) Z-Vent portable ventilators, eight (8) AutoPulse automated CPR devices, and twenty-seven (27) Automated External Defibrillators (AEDs). The lease agreement also includes comprehensive maintenance, software updates, technical support, and full equipment replacement throughout the ten-year term. This arrangement provides predictable annual budgeting while ensuring the Fire Department maintains current, fully operational lifesaving equipment without the need for significant capital replacement expenditures. With the addition of a new frontline ambulance to the fleet later this year, additional medical equipment is required to support emergency medical operations. MASTER AGREEMENT NO. 2: Staff worked with ZOLL One to develop a supplemental lease agreement that includes one (1) ZOLL X-Series cardiac monitor, one (1) Z-Vent portable ventilator, and one (1) AutoPulse automated CPR device. The lease agreement is in an amount not to exceed $2,315.41 per month, contingent upon annual appropriations by the City Council. Consistent with the City's existing ZOLL One agreement, the lease includes comprehensive maintenance, software updates, technical support, and full equipment replacement throughout the term of the lease. The City Attorney has reviewed the ZOLL One contract and determined it to be in compliance with applicable City ordinances and requirements. FUNDING: Funding is available in the Ambulance Service Fund. Zoll Lease Page 2 RECOMMENDATION: Staff recommends approval of the Master Agreement Schedule No. 2 to the ZOLL One Lease Master Agreement in an amount not to exceed $2,315.41 monthly, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents. ATTACHMENTS: 2026 - ZOLL ONE Master Agreement Schedule No. 2 2024 - ZOLL ONE Master Agreement Z001969211 FORM OF EQUIPMENT SCHEDULE Internal Reference Number: No: Q-133325 Version: 3 MASTER AGREEMENT SCHEDULE — No. 2 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 Eciutnment are listed in Exhibit 1 hereto R. Rental Term: 101 Months 2. Rent Amount: $2315.41 / Monthly 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 052027 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 Tenn, 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 Tenn. 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. Z001969211 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 to Title: Date: Date: Z001969211 EXHIBIT 1- Item Part Number Description Quaintly 1 601-2241111-01 X Series Advanced Monftor/Defibrillator- 12-Lead ECG, Pacing, SD02, SpCO, SpMet, EICO2, BVM, NIBP, CPR Expansion Pack 1 2 8300-000676 OneSlep Cable, X Series 1 3 BODO-000151 RD Rainbow SET MD20-04 EMS Patient Cable, 4ft 1 4 6000-001814 hlasimo RD SET Reusable SpO2 Sensor, Adult, 3 If 1 6 8000-000862 Masimo LNCS-II Rainbow DCI 8A Si Adult Sensor, 3ft 1 6 S000-0580-01 Six Hour Rechargeable, SurePower II Small, Battery 1 7 8000-000393-01 X Series Carry Case, Premium 1 8 B778-890055-ZOD Professional DefibnllatorsfMonifors-ZOLLONE-Worry-Free Service Plan-5 Years On -Site At Time of Sale i 9 8700-001003-01 AutoPulse NXT Starer Kit - EMS 1 10 8700-001012-01 AutoPulse NXT Lithium Battery i 11 8778-890055-ZNT Auto Pulse NXT- ZOLLONE -Worry-Free Service Plan-5 Year On -Site At Time of Sale 1 12 8660-001401-01 Z Vent& Portable Ventilator 1 13 703-0731-27 Ventilator Carrier (NTtte), Eagle II i 14 8778-890055-ZOV Vent - ZOLLONE -Worry-Free Service Plan- 5 Years On -Site At Time of Sale 1 Agreement #ZOO1969211 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 data of last signature ("Effective Date"). I. 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 hereto (tire "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 RescueNetO 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 terns 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'I 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, crossclafm, 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 ofany Schedule tern. S. 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 orpromptly 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 (o) deliver such Equipment to Lessor at any destination within the continental United States designated by Lessor. All dismantling, packaging, transportation, in -transit insurance and slipping 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 tearexcepted. The return of the Equipment shall constitute a fult release by Lessee of any leasehold rights or possessory interest in the Equipment. 6. EQUIPrMENT 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; (d) 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)-F1,1V Page I of 18 Agreement #ZOO196921 I 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 FfTNESS 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. S. 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 shalt 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 shalt 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 my 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 Lass"), then Lessee shalt, 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 Tar 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 #Z001969211 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 OP 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 require any action by, filing, registration, or qualification with, or governmental approval from, any governmental authority not already obtained or completed; (f) 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; (t) Lessee's form and jurisdiction of organization, "location" (within the meaning ofUCC Section 9-307), organization numberand 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 ofany 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 parry'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's 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 (0 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 alter 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 ofa 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 Default"). IS. LESSOR REMEDIES. If 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 (f) exercise any other right or remedy available to Lessor at law or in equity. To the extent permitted by law, Lessee shalt 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 #ZOO1969211� 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 forwhich 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 Lessorof 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) Lessormay convey the Equipment on an "AS IS, WHERE IS" basis, and without limiting the generality ofthe 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 Lessors 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 Or 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 ajury 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 fumish 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, Otat lessee authorizes Lessor to fide 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 Lessorto 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.IN VALIDITY. If any provision of this Master Agreement shall be prohibited by or invalid under law, such provision shalt 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 19 Docusign Envelope ID: 17032E31-E1 Bt-4CF5.8B02-3BF41 DA1 C831 AgrLement PZ001969211 2& COUNTERPARTS. This Blasts Agaa nent nhay be executed in eiunterp:ats, and, when so executed, each counterpart shall tic deernod to be on original and such counterparts together shall constitute one and same irstnrment The original of cacti Schedule shall constitute chattel paper for purposes of the UCC, If there are multiple originals of a Schedule, the one marked `I cssor's Copy" or wrirds orsimilar import shall constitute dic only dhadcl pale. 29. SURI'S AL, All obligations of Lessee to make payments to. or it, indemnify, Lessor and all rights of Lessor shall survive die cancellation or termination of this Heeler Agrccrticnt. m. altos-APPROI'RIATIO\. If I csscc is a mate andtor a Iocal government, ].Mwc rctiresaitc dint it has funds available to pay Rant until the aid of its then -current nppmpriation period, and that Lmsee intends to requ" funds In make pa)r cats in each appropriation period film w v until the end of the Rental Term. If either sufliciait funds arc not appropriated in make payments or any other amounts due under a Schedule (to the extent required by applicable ]aw) is not naiciicd either auturnatically or by mutual ratification, die Schedule shall ten ninatc and Lcscc shall not be obligated to niake payrents under this Master Agnxmcrnt or the Lace beyond die then-wnrnt fiscal year for which funds hrc been appropriated. Upon such an event. Lessee shall. no data than the aid of die fiscal year for which payments have Mori appropriated or the tern of this Lcase has heen r noved, delic erpossession of the Equipment to Leswr in accordance uiih the provisions set forth in Section s ofdhis A(;�ri.•ancnt ovith die ezaptiun tut Equipment shall be resumed within fourteen (14) days. IN WITNESS R7IEREOF, Lessee and Lessor have cNeCuted this pfamer Agrrinuht on the data specified below. LESSEE: OWASSO FIRE E-1LS ?dame: tN� CA J; C) �', 11 t' S + Title• r` : r e G h . -C fit' Date: i ©— .2 D 2 (-I L7? (fR-23-2u2 )-Fmv LESSOR: ZOLL MEDICAL CORPORATION aemsignad�bS{I by; 11 By: U� SawKi ig�zaasFnas- ,. Kurt Sandstrom Tide: VP/General Manager EMS Dmc: 7/12/2024 i`igc 5 of I s Scanned with CamScanner Docusign Envelope ID: 17D32E31-E1B14CF5-8802-3BF41DAIC831 Agreement NZ001969211 EAl1IRif A PORN OF F-QEtfAI F_%T SCLIEDFLE Intercal Reference Number. f2-7365S VtS AL%STER AGREESIENT SCI It:OI`LE — Nu I ZOLL h1 W uz1 Cortr•relxa ('/.txsw")and Owxwi Fire F\IS (`Lessee) are purrs to the 8lartd Agredxnt Thts htacwr Agre<man Sd.txMc (which shall tc derbfeJ Cy the Counterlun Numfxr s(vctfwl alive) mil the Master Agncmert 1,. tiha cumrrise a sslumte Lo tw 1a1.ocn the tunics ]he terms and extdrtwm ofthe Nash-r Al7cen>ent are hrct'y mcorpomwd by neforme into this Schedule. All capital Val corms us xi In this Schedule wnlowt derinaxn Aare the mearrmgs ascnbol to dvm in do Matter Agrencnt 1. LEASESCREDI'LF_ A. Ih+ d tier olltems olltaatd Ravinmrn4rt Ii.IN In EaA'M1it 1 hrrrto II Rascal T'rrm. 120 Months 2. sent Amsunt: �19.9I7.a7/month staainz ]"d 1(1 das� (ndedinr am xrmliohk Anent Amoaat h papbk: }I OPT I I X Leslie shall fey lessor the Rmt puyrrcnt specified above fa the tength of the Rental Trrm widths thirty (30) drys aft" the delivery *(the Equipment and rxnthly, q"--taiy or anntully as set forth aloe, thenatter on the situ date or on the List dry of the, crlmiar ntxmth if the roomh does not contain the same Dd ,,ry Dar. As usai lentil. `Reptacon,rnl IYniexf shall anion the fist 60 months ofax Racal Tam Pro, to the espiratun of the Replacement Period, lid stall bare the option m elect a oncwmc rcptuarenl of all the lyuirmw in a t-ai ry_ The reptatanenr d<vio-s uill be of the Sum: configuration, in new eondltion ant uill Ne the same or riexer platform For example. if I. sot has local ern defibrillators arsd ten %,emidalom Lssee may elect to replace all ten d61txdlalorz and all len,e ntilamts, all tear A itnilators and w esrdilxors or n0 dehlxdlawrs a,•d all ren rrnulamrs, but Lessee shall not tv (ermittei w repLace fnc d<SbrlLama and'm live venblatai if kerns replatcs FquipocnL a xi;vrW allwnrenl ofac.:cssores and dispasshla will he provided in tM same qumuity as the ongwl Svisdule, uathm niotty (9% days of dw asi of o`oe Repivanrnt Poilyd If xasmris a dth-xrsMls arc via on the onginW gout and appligble SchcdWe, then the l.esxc shall bt firurcidly nspotaible fa tcsracecssars aad/w dis{wsatrls. For Fquipaoent Schedules l4aad for oe r oresers unlcr the \toter Agre.rnent CSubsKtxat SticdWes L the RepLaCum e d IW WA for such Sub,,-q tan Stlxalules will be adjmtof w ahlj with dot end of the Rg4accment Period for Ile AN Maud AgroL•mrnt SchodLdc. For exargrle. it we Renial Iern of the fast Sclanchk is fmm 0MV25 m 1 Y2034, then the Reptx,=rtl Parxnl for "It Sth,%luk would txNm on I Z-". If a Subsalrtent Schadule a enteral into rrrth a Rental Term from M027 m 1=J33 L rsusc it would be cotammom w7L7 the Master Apvvro:nt not! the Replacenton P,aW for such Subsequent Schalule unt;W still expire on IZ?029 (tc, the Repaarrcnt Period rspuanon date aligns with the fast Schedule). No Subsequent Schedules shall be @'aalat umkr the htastar Ageemenl alter the IteirWe tsant PerW ends. 3. IX LSE PACKAGE: Lessee will ma m the Fquirrncnt un)a this /AVW as set forth in Sasivn 5 of the Maser Agrrcment u the exptration or earlier lennin tion of dv Rental Tenn, wilydtmrr uavrs first. t EQUIPMENT LOCATION(S) 11 1. FIR CA41. 1 2101 N. Gordbl Ovaisat Ile 7YdiS 2. f,'t S- Gels Owcfsr, ol- ?Y,)SS 3. Fee R.K._ 3 g196 N. IY5 E, 4a Oulk-s OK 71055 4,frt A-uh. Y /li3a lot St. Narrk P.Ur,c+•pLtOK 7Yoll LESSEE'S ENDOF•I-EASt UMI. Fair (slarLet Valtw Tlus program p wi age is sbwyura( as a Fair MaAa Value aVJ m Upon <xPtradm of the Rental Tana ptur klrJ Lhat tier: assotuto15Wu1We Aas rid Gzn krmirutel cult' bs• lessor a t.essec is in accordance with the terms set forth In the NU itrAgrmment.I essx met• potchac all (bud not less Man all) of the 14utpcnenl for the Pali Market Value as set forth m Section 8 of the Master Apxrncnl (Plus all applicable Taxes). which Wrwurt "I Iv due aril payable on "Ware the Iast 1L'ty of dre applicable Rental Telco. If N: l.ess<e foals m rsyutn dv FUui finenL Lessee shall be liable m rewrn the Fquipmaot to -¢anti <wltb Section 5 of the Master Agreanad In the etrnt Lessor and Lessee arc unable to agrx on the fair Masker Value ofaoy EqurpmrnC Lessor may ta) select an wdeTvrsk-M afpmlxs in its sole dileoaion to cooclavaely dserinme stall amotmt with the cost of lit appruiser paW by Lessor or tb) tcrtnwte dk &Wulc and ttaii cal I.asx W rain Equipment in accordance with Srxykxt 5 of the Master Agreconna V32 (02-212024}FMV Page 6 of I Scanned with CamScanner Docusign Envelope ID: 17032E31-ElBI-4CF5-8B02-3BF41DA1C831 Agreement t7Z0019G921 t L ADDO'10NALSCTILD1LE ISSI'BUC IW& LESSOR AGREES TO LEAST: TO LESSrEAND LESSEE AGRUfS TO LEASE FROM I.rSSOR nir UQL'1ntwr DESCRIBED IN ATTACI IAIUNT 1 OF TIITS SCHEDUL.E. SI1C11 LEASE 0.'ll.l. Bli GOVLRNRD BY mr. MASTER AGREENiEN r AND THIS SCHEDULE, INCLUDING TILE TLRhIS AND CONDITION'S SET FORTH ABOVE IN THE EVENT OF ANY CONFLICT BETWEEN TI IE TERJIS OF TI iIS SCHEDULE AND TI Ir• MASTER AGRCrhtENT, Tl lr TT.RAtS OF THIS SCHEDULE 1EDULE SHAH. GOVERN. IN WITNESS WI IEREOF. Lcssoc and Lcssorh3cc exem" this MaskY AgrCement Schedule on the dales speciriod below. LF_SSEE: OWASSO FIRE ENS Namc: 1. T Q U 1 U H V %P S'� Title: F r Q G 1'l I e F Daleo21-i LESSOR-' Z01.1. 11F.OICAL CORPORATION II a�u�m'5lgn<db,/I By:6vc SA1n.p,S 614 �3HCCfiFAdTi53I62... -. Kurt Sandstrom VP/General Manager EMS Ode! 7/12/2024 V31 II12 2j-2p24}FIdV Page 7 or 13 Scanned with CamScanner Agreement #ZO01969211 ATTACHMENT I OF SCHEDULE EQUIPMENT LIST Pa rt Number QTY I Product Description 601-2241111-01 12 ' Series Advanced Monitor/Defibrillator—l2-Lead ECG, Pacing, Sp02, SpCO, SpMet, EtCO2, BVM, NIBP, CPR Expansion Pack 8300.000676 12 neStep Cable, X Series 8900-000220-01 2 ucStep Pediatric CPR Electrode (8 per case) 8000-001128 2 Accuvent Flow Tube (Box of10) 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 LNCS-11 Rainbow DCI 8X SpCO Adult Sensor,3ft 8000-0580-01 12 Sic Hour Rechargeable, SurePower II Smart Battery 8300-0500-01 5 SurePower 4 Bay Charging system including 4 Battery Charging adapters 8707-000502-01 12 ' Series Accessory Carry Case —Printer Chute with Single Zipper 8778-99044-WF 12 X Series —Worry -Free Service Plan 8400-110045 12 CascReview Premium Subscription, R Series and X Series, Hosted 20100000102011010 27 kED Plus® with AED Cover 8000-0807-01 27 rype 123 Lithium Batteries, quantity of ten (10) with storage sleeve 6008-9901-61 11 OLL X Series Trade In Allowance (EMS Group) 8660-001401-01 8 Z Vent® Portable Ventilator 703-0731-27 8 Ventilator Carrier (While), Eagle It 8778-89004ANIF-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 #ZOO1969211 Part Number QTY I Product Description 8700-001003-01 8 utoPulse NXT Starter Kit -EMS 8700-001012.01 8 utoPulse NXT Litbium Battery 9778-890044-AP 8 AutoPulso 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 Is Agreement #Z001969211 EXHIBIT B ALSIBLS Software Solutions Master Application Service Provider Agreement (This EXHIBIT B only applies if RescueNetsCoseReview 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 terns 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 arc 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 terns and conditions do not apply to any Lessor patient care reporting saftware, which would be purchased under a separate agreement. 2. ASP Services. "AS P Services"means the hosting and maintenance of Lessor sofware, 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 dhrough the Lessor S ite for such use ("Registered Users") through the Lessor Site over normal network connections in accordance with line 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 it is responsible for mainmining 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 wil I 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 Sorhrare. Subject to the terms and conditions of this ASP Agreement, Lessorgmnts to Lessee, during the Terra,anon-exclusive, non -transferable, non-sublicensable license for Registered Users to access and use the ASP Services using the Lessorsoftware 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 Softwarc 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 parry; (d) reverse engineer, decompile, disassemble, or otherwise attemptto alter or derive the Source Coda for the ASP Services or Software; (e) remove, alter, cover or obfuscate any copyright notices of other proprietary rights notices included in the ASP Services, Software or Documentation; or (0 otherwise use or copy the ASP Services, Software or Documentation in why 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 die 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 any time 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 l I 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 Lessor Site, including any software or systems operating on a Lessee's premises (including Lessor softwam); (c) a Force Majeurc 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. 2A.4. Unplanned Downtime. Unplanned Downtime ina calendar month is expressed w a percentage calculated as follows: (Downtime - (Planned Downtime+ Excused Downtime)) x100=x%,where "z''is Unplanned Downtime. Total numberof minutes in the calendar month 2A.5. Unplanned Downtime Goal. Lessor endeavors to provide the ASP Services such that them is less than 1% of Unplanned Downtime in a calendar month (the "Unplanned Downtime Coal"). 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, 2A.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 19 Agreement #ZO01969211 2A.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, homrever, 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 back up 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 fcrarchival purposes, ongoing management of its operations and compliance wilt 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 die 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 terns 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 ral 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 time applicable Inactive Lessee Content in its possession or under its control. Except for this Section 3.4 7.4. die 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 Contentmaintained 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. 2A.S. Madill ications. Changes to this Section 2 4 maybe 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 mannerand 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 time Implementation Services set out in a Schedule are estimates only and the ability to meet them is influenced by a range offictors 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 fora 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 die 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 Drat 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 6p.m. Eastern Time, Monday to Friday, excluding Lessorhol idays ("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 fire Supported ASP Services; (ii) clarification of the Documentation; (iii) guidance in operation of the Supported ASP Services, (iv) assistance in identifying and verifying the muses 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 orworkaround to Supported ASP Services that resolves an Error in all material respects ("Resolution'). 4.1.4. Expenses. Support Services provided hereundershall 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 time 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. Lessorshall 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 time Access Software (fit whole or in part), (b) use of Ile 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 prover, air conditioning or humidity control; failure of media not famished 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 orally 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 ofsuch 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. Lessorwill inform Lessee ofthe 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 parry software and services am set by the owner of such software. 5. Warranties. V3.2 (02-23-2024)-FMV Page I I of IS Agreement #ZOO] 969211 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. Lesseo shall notify the Lessor in writing within thirty (30) days following performance of the unsuccessful Implementation Services Of 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 die 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 forthe ASP Services contained herein. 53. Warranty Disclaimers. The remedies for the Software and Services are solely and expressly as set forth in Section 5.1 and Section 5.2 andare expressly qualified, in their entirety, by this Section 53. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5.1 AND SECTION 5.2, (A) THE SOFTWARE AND SERVICES ARE PROVIDED STRICTLY "AS 1S", 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 TH E 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 parry and is marked or identified as confidential or is disclosed in circumstances that would lead a reasonable person m 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 parry disclosing it ("Disclosing Party') only to the employees or contractors of the parry receiving it ("Receiving Party") who have a need to know such Confidential Information for purposes of this ASP Agreement and who are order a duty of confidentiality no less restrictive than die Receiving Parry'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 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, orany other technology included in the Software), notwithstanding any failure to mark or identify itas such. The Receiving Party's obligations under this Section 7 with respect o 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 Parry; (b) is disclosed to the Receiving Party by a third parry who had the right to make such disclosure without any confidentiality restrictions; (a) is, or through no fault of the Receiving Parry has become, generally available to the public; or (it) is independently developed by the Receiving Party without access to, or use of, Confidential Information. in addition, the Receiving Parry may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) necessary forthe Receiving Party to enforce its rights under this ASP Agreement in connection with a legal proceeding; or (d) required by law or by the order of a court or similarjudicial or administrative body, provided that the Receiving Parry notifies the Disclosing Party of such disclosure in writing prior to making such disclosure and cooperates wide the Disclosing Party, at the Disclosing Parry's reasonable request and expense, in any lawful action to contest or limit the scope of such disclosure. 7. Indemnification. 7.L 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 aidigalien 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 am 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 parry 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 importcontrol laws and regulations in the use of any of the Software c r Services, by any of the Lessee Parties. 8. Limitation ofLiability. 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 19 Agreement #Z001969211 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 sale and exclusive remedies. In addition, Lessor disclaims sit liability of any kind of Lessor's licensors and suppliers, for third parry 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 father compilation (the "Executable Code"); Civ) 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 ofthis 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 muse upon thirty (30) days' prior written notice to the other parry. Either party may terminate this ASP Agreement ifthe other parry 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 Terrains tion. 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 pmvided under the Expired ar Terminated Document (ii) emse 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 fire other parry or, at the other party's option,destroy, all copies of my such Confidential Infomation in tangible or electronic form. 11. General Provisions. I I.I. Compliance with Laws. Lessee shall comply with all applicable laws and regulations, and obtain required authorizations, concerning its use ofthe 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 ofmy applicable laws. Lessor may suspend performance if Lessee violated applicable laws or regulations. 11.2. Audits and Inspections. Upon written requestfrom Lessor, Lessee shall furnish Lessor with a certificate signed by, atleast, Vice Presidentlevel executive of Lessee stating that the ASP Services are being used strictly in accordance with the terms and conditions of this ASP Agreement. During die 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 die terms of this ASP Agreement. 11.3. Assignments. Assignment terns 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 am 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) foracquisition by or on behalfof civilian agencies, consistent with the policy act forth in 48 C.F.R. 12.212; or (ii) foracquisition 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 I995). 1I.S. 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 aIJury 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 roles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this ASP Agmement. 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 mch party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. Each parry 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 further agrees to waive and hereby waives any requirement for the security or the pasting of arry bond in connection widh 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 lawor equity to Lessor. 11.9. 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 an 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 passible 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 ii 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. I 1.10. 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 parry 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 tie other or to establish a partnership, franchise orjoint venture between the parties. V3.2 (02-23-2024).FMV Page 13 of IS Agreement #Z001969211 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 arty 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 Parry Provider shall not bean 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 parry shall be liable for failure of performance hereunder arising out of causes beyond such parry's reasonable control and without such parry'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 bencliciaries of this ASP Agreement. Those provisions of this ASP Agreement that may he 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 is full force and effect in accordance with their terms notwithstanding the termination hereof including, but not limited to, Section 66(Confidentiality), Section 7(Indemnification), Section 8(Limitation on Liability), Section 9(Owncrship), Section 10.3 (Effects of Termination) and Section 1 I (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 ("PHP') in the course of providing Software or Services to Lessee. Capitalized terms used but not defied 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 "IIIPAA'). "Covered Entity- as used herein means Lessee, "Business Associate' as used herein means Lessor. The purpose ofthis Section 12 is to comply with 45 C.F.R. §164.502(e) and §164.504(c), governing PHI and business associates under HIPAA ILL 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 Sotware 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 behalfof, 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 wham 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 die person and the person notifies Business Associate ofany 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 manmer 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 limitany 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 bemires aware concerning arty 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 breach of"unsecArad protected health informatio a," as, defined in 45 C.F.R. § 164.402, notify Covered Entity of such breach within 15 days. The notice shall include the identification ofeach 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 die individual's right to copy or amend such records under 45 CFR § 164.524 and § 164.526, Business Associate shot 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 PH1. 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. DEILIS Access to Books, Records, and Other Information. Business Associate shall make available to the U.S. Department of Health and Human Services ("DHEIS'), 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 die 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 ofPH1 that Covered Entity has agreed to wills 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 arid 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 #Z001969211 12.13. Breach; Termination; MitigaIion. If Covered Entity knows of a pattern ofactivity 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 reuin 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 arc 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 HIPAA, 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 parry to carry out fire purpose and intent of this Section 12. The terns and conditions of this ec' 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, 1218. Applicable Law. The parties acknowledge and agree that RIPAA may be amended and additional guidance or regulations implementing HIPAA 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 #ZO0196921 I 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 arc 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. 1. Field Preventive Maintenance at Lessee's facility, including: • Provide documentation for regulatory agencies • Manage and tract: Lessee's Preventive Mnintenance ("PM") 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 websile (httns://wweuoll.conk/conticUtechniwl-sttnnort) 6. Waiver of shipping and handling fees 7. Waiver of Minimum Service Fee S. Repair or replacement of parts widhin 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. SumPoiver chargers (parts and labor covered for normal [year 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 ffdevice is in need of second outer housing replacement within twelve (I2) months of previous outer housing replacement, providing device is still wider this Worry -rive 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 #ZOO1969211 • In the event of reported device malfunction, the device should be made available to the Lessor's Field Service Engineer C 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 •.na zolI.corn 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: i.eealNolicerdzn H.cmn EXIIIBIT D Ifto Lessee: Owasso Fire EMS 8901 North Garnett Road Owasso, OK 74055 Attn: David Hurst Agreement #ZOO1969211 V3.2 (02-23-2024)-FMV Page 18 of Is -REAL._ Sv TO: The Honorable Mayor and Council FROM: H. Dwayne Henderson, P.E, City Engineer SUBJECT: Agreement for Gas Facilities Relocation with Oklahoma Natural Gas Company East 96th Street North Widening from North 1341h East Avenue to North 1451h East Avenue DATE: July 2, 2026 BACKGROUND: • Oklahoma Natural Gas (ONG) lines are located in both utility easements and public right-of-way (ROW) on the north side of East 96fh Street North from North 1341h East Avenue to North 145th East Avenue. • The City is responsible for the cost of relocating utilities in private easements. • Relocation of utilities in the public ROW/easements and any betterments are the responsibility of the utility company, • ONG currently owns and operates 2,924 linear feet (LF) of various medium -pressure distribution pipelines within the limits of the project. • 410 LF of the 2,920 LF are located within public ROW/easements. • 2,514 LF of the 2,920 LF are located in private easements. ONG proposes an initial total cost to relocate the gas lines at $775,307.00, of which $666,594.00 is to be the responsibility of the City of Owasso, and $108,713.00 is to be the responsibility of ONG. • ONG proposes to increase the line sizes and update line materials at an additional cost of $542,477.00, all of which is the responsibility of ONG, • Therefore, total cost of the project and the breakdown of the cost is: ONG Cost: $ 651,190.00 City of Owasso Cost: $ 666,594 00 Total: $1,317,784.00 AGREEMENT FOR GAS FACILITIES RELOCATION: The Agreement (see Attachment) contains language outlining the basis for the relocation costs and how ONG will be reimbursed by the City. A summary of the agreement's key points follows: • Relocation costs will be based on actual costs of relocating the gas lines and the rock experienced. • ONG will award and pay for the work based on competitive bids or continuing contract(s), whichever is deemed most practical and economical by ONG. • If relocation services come in at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. • The City will reimburse ONG within thirty (30) days of completion of work, which is estimated to be in the FY 2026-2027 fiscal year. ONG easements shall be considered to retain precedence so that any City project in the future requiring additional relocations of the some facilities shall be paid by the City. ONG 96, 134 to 145 Project Page 2 FUNDING: Funding is available in the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval of the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso, authorization to execute the Agreement, and authorization to terminate the agreement if revised estimates submitted by ONG become more than $666,594.00 prior to commencement of construction, and if determined by the City Manager that the revised estimate no longer fits within the budget. ATTACHMENTS: Agreement Location Map AGREEMENT GAS FACILITIES RELOCATION 96th St N FROM 134th TO 145th E AVE CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONE Gas, Inc., hereinafter called "Company," owns various medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronically by Company on March 13, 2024. City agrees to reimburse Company in the extent and manner hereinafter stated for that portion of the cost of relocating said facilities, which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the attached plan sheets and cost estimate(s). Company will bear the cost of relocating the portions of the facilities which do not occupy private rights -of -way. The City's share of the estimated cost of the necessary relocation will be $666,594 all of which is to be reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and equipment -rental invoices; and at then -current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, truck, and equipment use records; expense statements; and standard allocated overhead charges. Company's award of and payment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (30) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify the City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right-of-way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company in the course of relocating the above -described facilities relocate any of such facilities presently located on private right-of-way onto public right-of-way, the Company shall be deemed in respect to such Page 1 of 2 Do .n11D: 399aalbe57"7a9ebMi b46b6a3cbbOarlc 3ro396a70975IN4d6e5a3d2 facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any future governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. ATTEST: JYi.A.`1'L O�iDYG g`iGMdPA&GCEW BDEM... Dated: 01109/2025 PST OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONE Gas, Inc. By: ,1 IZ A W1.u1a'w1.S Signer ID: OGUpWilllams Vice President Operations APPROVED as to form and legality this day of -July-, 2026 Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA Dr. Paul Loving, Mayor ATTEST: Juliann M. Stevens, City Clerk This day of July. 2026 Page 2 of 2 Dm mID: 309ea3br27dDD7e9eb23e63b4666a3cbWallc 3r.Mga70675M4d6¢Sa3d2 OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST ONG OWASSO 055 NDU - 96th St N from 134th to 145th E Ave (COO# 053564, 22T27030) CITY OF OWASSO 1/6/2025 Pipe Footage in Private Easement = 2,514 It Pipe Footage in Public Easement = 410 ft Total Project Footage = 2,924 ft Estimated Project Cost _ $775,307 (Like Kind and Size) Estimated Project Cost _ $1,317,784 (Actual Installation) Betterment _ $542,477 (Actual - Like Kind and Size) Breakdown of Estimated Project Cost Like Kind and Size ONG Share + Entity Share = Total 410 2,514 2,924 2,924 + = 2,924 2,924 14.02% + 85.98% = 100.00% $108,713 + $666,594 = $775,307 Betterment Cost Allocation Sub -Total Estimated Cost = Entity Share + Betterment Total Estimated ONG Cost = $108,713 + $542,477 = $651,190 Total Estimated Entity Cost = $666,594 + $0 = $666,594 Total Estimated Cost of Actual Replacement = $1,317,784 Composite Percentage of Project ONG SHARE _ $108,713 _ 6 $1,317,784 8.25/o ONG = $642,477 41.17% BETTERMENT $1,317,784 ENTITY SHARE _ $666,594 = 50.58% $1,317,784 Doaamanl 10: 309"Ibc57d007a9ab23a636/6be 3cbb0anre1331b266a70676df4d6e5a3d2 V- LO co U) 1 TO: The Honorable Mayor and Council FROM: H. Dwayne Henderson, P.E., City Engineer SUBJECT: Agreement for Engineering Services for Miscellaneous Stormwater and Erosion Control Engineering Projects DATE: July 2, 2026 BACKGROUND: The City Engineer's office reviews plats for subdivisions and commercial properties throughout the City to make sure streets, storm water conveyance systems, and water and sewer lines are designed and constructed to City standards. Stormwater detention and erosion control are critical aspects of development within the city. With the constantly changing regulations, an annual contract with a consulting firm specializing in stormwater management was established in 2007 to review Stormwater plans in order to protect the interests of the City. The consultant works on an "as needed" basis and charges are based on an hourly rate schedule. The City Engineer's office determines plans that can be reviewed "in-house" and those that need analysis by the expert consultant. Since 2007, a firm has been retained annually on a contractual basis to provide these services for the fiscal year. Engineering selection for these services has been quality based with emphasis on past performance. Meshek & Associates, LLC, performed these services in 2007, and from 2009 to present. The Benham Companies provided these services in 2008. In 2024 Meshek & Associates, LLC was purchased by WSB, LLC, and retained the same staff and services as under Meshek & Associates. For the last few years, staff budgeted $50,000 per year for these services. However, FY 2025-2026 has seen a rise in developments with intricate drainage projects. Staff recently requested an amendment to this agreement to perform the additional work. Staff anticipates this trend continuing for projects in 2026-2027. Therefore, a proposed fee increase is included with the proposed FY 2026-2027 engineering agreement. With the expiration of the existing agreement, the annual contract to retain WSB, LLC (formerly Meshek & Associates, LLC), for the miscellaneous stormwater and erosion control engineering projects for FY 2026-2027 is recommended for consideration. If approved, the expiration date will be June 30, 2027. FUNDING: Funding for engineering services is included in the Stormwater Fund Budget. RECOMMENDATION: Staff recommends approval of the Agreement for Engineering Services with WSB, LLC, of Minneapolis, Minnesota, in an amount not to exceed $60,000.00, and authorization to execute all necessary documents. ATTACHMENT: Agreement for Engineering Services - Miscellaneous Stormwater and Erosion Control (Owasso Drainage Review 2026-2027) PROFESSIONAL SERVICES AGREEMENT This Agreement ("Agreement") is made as of July 7, 2026 (Effective Date), by and between City of Owasso, OK, 10102 East 116th Street North, PO Box 180, Owasso, Oklahoma 74055, United States, herein referred to as ("Client") and WSB LLC, 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416, United States, herein referred to as ("Consultant") to provide professional services ("Services") by Consultant in connection with the following project: Owasso Drainage Review 2026-2027, located in Owasso, OK ("Project"). ARTICLE 1 - SCOPE AND DESCRIPTION OF SERVICES ("SCOPE OF SERVICES") Please see the attached Scope of Services and Compensation ("Exhibit A"). ARTICLE 2 - PERIOD OF SERVICE The Services described under Scope of Services shall be completed expeditiously and professionally so as to maintain the agreed upon schedule. The schedule may be modified by the parties by agreement or as a result of an excusable delay caused by Force Majeure, a Client Delay, Change in Law or unforeseen conditions at the Project site. ARTICLE 3 - COMPENSATION Unless otherwise stated in the Scope of Services, Consultant shall perform the work on a time and materials basis and invoice for its work monthly. If not stated in Exhibit A, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Each invoice shall include details for the time and reimbursable expenses incurred the previous month. Reimbursable expenses shall include but are not limited to, travel and lodging, mileage, print and plotting charges, shipping charges, messenger delivery charges, plus all taxes (including sales taxes), fees, including but not limited to permit, application, testing, and recording fees, imposts, or stamps required by State, Federal, Municipal, or other government agencies in the providing of Services. Client agrees to pay all invoices within thirty (30) days of receiving same. Any invoice not paid within thirty (30) days of the original invoice date shall bear interest at the lower of 1.5% per month or the highest rate permitted by applicable law on the unpaid balance. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to suspend work and withhold Instruments of Service (as defined below) until payment in full, including interest, is received. Consultant shall have no liability whatsoever to Client for any costs or damages that result from such suspension or withholding of Instruments of Service, and Consultant shall be entitled to reimbursement of all costs incurred while work is suspended. If Consultant resumes services after payment by Client, the time schedule and fees for remaining Services shall be equitably adjusted. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to commence collection efforts, and all collection costs incurred by Consultant shall become immediately due and payable to Consultant as such collection costs are incurred. Collection costs include, but are not limited to, legal fees, collection agency fees, court costs, and reasonable staff costs for Consultant's staff time spent in efforts to collect the overdue balance. Client's failure to pay Consultant in accordance with this Agreement shall constitute a material breach of this Agreement and shall be cause for Consultant to suspend performance or terminate this Agreement. If the Services are suspended by Client for more than thirty (30) calendar days, consecutive or aggregate, Consultant shall be compensated for Services performed prior to such suspension. When the Services are resumed, Consultant shall be compensated for time and expenses incurred in the interruption and resumption of Services. Consultant's fees for the remaining Services and the time schedules shall be equitably adjusted. ARTICLE 4—ADDITIONAL SERVICES In the event of any changes in the Scope of Services, Client Delay, changed or unforeseen conditions, Change in Law or event of Force Majeure, Client agrees to issue an Amendment for Additional Services ("AAS") to equitably adjust Consultant's fees and the time of performance. If Consultant is caused to increase its Scope of Services and Client does not issue an AAS that is acceptable to Consultant, compensation for the expanded Scope of Services shall be on an hourly basis according to Consultant's then -current standard rate schedule ("Rate Schedule"), plus reimbursable expenses. A "Client Delay" shall include a delay caused by the Client failing to make timely decisions, a delay in the delivery of Client ordered equipment or supplies, or a delay by a Client -hired contractor or consultant not timely completing work upon which Consultant's work is dependent. "Force Majeure" is defined below in Article 13. A "Change in Law" is a change in the applicable laws or regulations applicable to the Project when the change occurs after the date of this Agreement. ARTICLE 5 - CLIENT'S RESPONSIBILITIES Client agrees to provide to Consultant in a timely manner all available information, requirements, and limitations relevant to Consultant's performance of its Scope of Services, including, but not limited to, objectives, schedule, constraints and criteria, space requirements, flexibility, expandability, special equipment, systems, and site requirements. Client furnished information shall also include data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub -surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. Consultant may rely on the accuracy of the Client's supplied information and use such information in the development of Consultant's Scope of Services. The accuracy of the Client's information is the Client's responsibility. Client shall update any information it provides if Client becomes aware of any changes in circumstances. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. Client shall also notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in construction or design. Client shall furnish right-of-way entry and continuous unimpaired access to the Project site for Consultant to perform its Scope of Services. Client shall also require all Utilities with facilities in the Client's right of way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. Where appropriate, Client shall endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work. Client shall render decisions in a timely manner pertaining to documents submitted by Consultant to avoid unreasonable delay in the orderly and sequential progress of the Services, including acting promptly to approve all pay requests or requests for information by Consultant. Client shall furnish the services of other consultants when such services are requested by Consultant and are reasonably required by the scope of the Project. Client shall designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client's policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services. Client shall provide such legal, accounting and insurance counseling services as may be required and bear all costs incidental to compliance with the requirements of this article. ARTICLE 6 - INDEMNIFICATION To the fullest extent permitted by law, subject to the limitations set forth below in this Agreement, Client and Consultant shall indemnify and hold harmless the other and its respective directors, officers, employees, and representatives from and against all legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by the indemnitor's negligent acts, errors, or omissions. Neither party shall have a duty to defend the other party and no duty to defend is created by this Agreement. ARTICLE 7 - LIABILITY LIMITATION Client and Consultant have evaluated the parties' relative risks and benefits associated with this Project, including Consultant's fee relative to the risks assumed, and agree to allocate certain of the associated risks. To the fullest extent permitted by law, the total aggregate liability of Consultant (and its employees and sub -consultants) to Client for all injuries, damages, claims, losses, or expenses (including attorney fees and expert fees) arising out of Consultant's services or this Agreement is limited to the greater of Consultant's project fee or $50,000, and Client agrees to hold Consultant harmless for any liability more than such amount. This limitation shall apply regardless of available insurance coverage, cause(s), or the theories of liability, including, but not limited to, breach of contract, negligence, contribution, indemnity, or other remedies. ARTICLE 8 - STANDARD OF CARE Consultantwill perform the Services in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar conditions in the same locale. EXCEPT AS SPECIFICALLY STATED HEREIN, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES, AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTICLE 9 - CONSEQUENTIAL DAMAGES NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. ARTICLE 10 - DISPUTE RESOLUTION If a claim or dispute arises out of or relates to Consultant's Services or this Agreement, the parties shall attempt in good faith to settle such claim or dispute through direct discussions. Any claim or dispute arising out of or related to Consultant's Services or this Agreement (except for collection procedures employed by Consultant and those waived or barred as provided elsewhere in this Agreement) that is not resolved by direct discussions shall be submitted to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Either party may file a request for mediation. Mediation shall be pursuant to the Construction Industry Mediation Rules of the American Arbitration Association. The Mediator shall be selected by the parties within fifteen (15) days of the request for mediation. Mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending the conclusion of mediation for a period of sixty (60) days from the date of fling, unless stayed for a longer period by agreement of the parties or by court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Tulsa, Oklahoma. Notwithstanding the foregoing, if a claim or dispute between the parties involves, relates to, or is the subject of a mechanic's lien or construction lien arising out of Consultant's Services, Consultant may proceed in accordance with applicable law to comply with all statutory requirements, including those related to lien notice and filing deadlines, prior to the commencement or conclusion of mediation or other form of alternative dispute resolution agreed to by the parties. ARTICLE 11 -TERMINATION Either party may terminate this Agreement for convenience and without cause upon twenty-one (21) calendar days written notice. Either party may terminate this Agreement for cause upon ten (10) calendar days written notice for one or more of the following reasons: 1. The other party's material breach of this Agreement; 2. Assignment of this Agreement without the written consent of the other party; 3. Suspension of the Project or Consultant's Services for more than thirty (30) calendar days, consecutive or aggregate; or 4. Material changes in the conditions under which this Agreement was executed, the Scope of Services, the nature of the Project, or the failure of the parties to reach an agreement on compensation and/or scheduling adjustments necessitated by such changes. In the event of termination of this Agreement by either party, regardless of the reason for termination, Client shall, within fifteen (15) days of termination, pay Consultant in full for all services rendered and costs incurred by Consultant up to the date of termination. Additionally, and notwithstanding any language in this Agreement to the contrary, within sixty (60) days of termination, Client shall reimburse Consultant for all expenses incurred by Consultant in connection with the orderly termination of this Agreement, including, but not limited to, demobilization, reassignment of personnel, associated overhead costs, and all other expenses resulting from the termination. ARTICLE 12 - INSURANCE Consultant shall carry the following insurance: Workers Compensation Statutory Employers Liability $1.000,000 General Liability $1,000,000 Each Occurrence/ $1,000,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit Professional Liability $3,000,000 Per Claim/ $3,000,000 Annual Aggregate General Liability shall name the Client as an additional insured. The insurer agrees to give thirty (30) days written notice in the event of cancellation by the insurer. ARTICLE 13 - MISCELLANEOUS A. WORK PRODUCT / DOCUMENT OWNERSHIP Except as otherwise provided in Exhibit B (if applicable), the following shall apply to the ownership of documents and work product: Unless Client requests otherwise, Consultant will provide its documents and materials both in a hard copy and in an electronic format. Because electronic documents may be modified intentionally or inadvertently, Client agrees that Consultant will not be liable for any losses or damages resulting from any change in an electronic document after Consultant transmits it to Client. All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Services for use solely with respect to this Project and, unless otherwise provided, Consultant shall be deemed the owner of these Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyright. If Client has paid Consultant in full for its Services, Client shall be permitted to retain copies, including reproducible copies, of Consultant's Instruments of Service for Client's information, reference and use in connection with the Project. Consultant's Instruments of Service shall not be used by the Client or others on other projects, for additions for this Project or for completion of this Project by others, except with Consultant's agreement in writing and with appropriate compensation to Consultant. In consideration of Client's use of Consultant's Instruments of Service, Client shall, to the fullest extent permitted by law, indemnify and hold harmless Consultant, its directors, officers, agents, and employees from all claims arising out of the reuse or misuse of such Instruments of Service. Under no circumstances shall transfer of the Consultant's Instruments of Service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. B. HAZARDOUS MATERIALS Client represents to Consultant that no hazardous materials exist at the Project site. If there are hazardous materials at the Project site, the Client must inform Consultant of the type, quantity, and location of such hazardous materials. If hazardous materials are discovered at the Project site then Consultant will notify the Client and, to the extent required by law, notify the appropriate governmental authority. If Consultant or any other entity encounters hazardous materials at the Project site then Consultant may without any liability to Client or any other entity suspend services until such time as Client retains the appropriate entities to identify and (as appropriate) abate, remediate, or remove the hazardous material. Client agrees that Consultant has been retained to perform professional services and shall not be required to become an arranger, operator, generator, or transporter of hazardous material (as defined by law). Client hereby agrees to indemnify and hold harmless Consultant for all claims losses and damages arising out of the existence of hazardous materials on the Project site. C. UNDERGROUND UTILITY AND STRUCTURE CLEARANCE Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. D, THIRD -PARTY RELIANCE All Services provided by Consultant are for Client's and Consultant's sole benefit and exclusive use with no third -party beneficiaries intended. Reliance upon the Services and any work product is limited to Client and is not intended to benefit any third party. E. CONSTRUCTION SERVICES If requested by Client in the Scope of Services or AAS, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts, errors or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors' means, methods, or procedures of construction. Consultant's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job site safety shall be the sole responsibility of the contractor who is performing the work. For Client -observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an additional service. Consultant and Client shall then enter into an AAS detailing the terms and conditions of the requested project observation. F. SUBMITTALS AND PAY APPLICATIONS If the Scope of Services includes the Consultant reviewing and certifying the amounts due the contractor, the Consultant's certification for payment shall constitute a representation to the Client, that to the best of the Consultant's knowledge, information and belief, the contractor's work has progressed to the point indicated and that the quality of the work is in general accordance with the documents issued by the Consultant. The issuance of a certificate for payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Client to substantiate the contractor's right to payment, or (4) ascertained how or for what purpose the contractor has used money previously paid on account of the contract sum. Contractor shall remain exclusively responsible for its work. If the Scope of Services includes Consultant's review and approval of submittals from the contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client's contractor. G. JOB SITE SAFETY Neither the Services of Consultant, nor the presence of Consultant at the construction/Project site, shall relieve Client, general contractor(s), or subcontractor(s) of any of their responsibilities or duties to perform the work in strict accordance with the contract documents and to comply with all health and safety precautions required by any regulatory agency. Consultant does not have authority or responsibility to control any construction contractor or its employees in connection with their work or any health or safety programs or procedures. Client agrees that contractors and subcontractors are solely responsible for job site safety and warrants that this intent shall be carried out in Client's contracts with contractors. Client also agrees that Client and its contractor(s), jointly and severally and to the fullest extent permitted by law, shall indemnify and hold harmless Consultant and its employees against any liability related to health, injury, or job site safety. H. OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that that proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of probable construction costs and Client expressly waives any claims related to the accuracy of opinions of probable construction costs. If Client wishes greater assurance as to probable construction cost, Client shall employ an independent cost estimator as part of its Project responsibilities. I. FORCE MAJEURE To the extent any time for performance applies, the affected party shall not be responsible for any delays due to federal, state or municipal actions or regulations, acts of foreign governments, strikes or other labor shortages, equipment or material delays or shortages, delays in issuing applicable permits, acts or omissions of the other party, inclement weather, pandemic, acts of the public enemy, fires, floods, riots, embargos, other acts of God, government shutdown, unforeseen site conditions or any other events or causes beyond the control of Consultant. J. HEADINGS The headings used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of this Agreement or any part hereof. K. ASSIGNMENT Client may not assign this Agreement without the written consent of Consultant. L. ENTIRE AGREEMENT This Agreement represents and contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior oral and written agreements and understandings. M. GOVERNING LAW The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the state in which the Project is located. N. MODIFICATIONS This Agreement may be modified only by a written instrument executed by both parties. O. WAIVER No delay or failure by either party to exercise any right or remedy under this Agreement, and no partial or single exercise of a right or remedy, will waive that or any other right or remedy. P. SEVERABILITY Any invalidity or unenforceability of all or part of a provision of this Agreement shall be severable and shall not affect the validity or enforceability of the remaining part of that provision or other provisions. Q. EXECUTION This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same agreement. Signatures on this Agreement that are transmitted by fax, email or other electronic means shall be valid and binding. R. NO PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy for any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors. S. LIEN NOTICE —APPLICABLE TO PRIVATE PROJECTS IN MINNESOTA ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. T. GENERAL LIEN NOTICE - APPLICABLE TO PRIVATE PROJECTS IN LOCATIONS OTHER THAN MINNESOTA TO THE EXTENT PERMITTED BY APPLICABLE LAW, AS A PARTY SUPPLYING LABOR OR MATERIALS FOR IMPROVEMENT TO PROPERTY, WE MAY FILE A LIEN AGAINST YOUR PROPERTY IF WE ARE NOT PAID IN ACCORDANCE WITH THIS AGREEMENT. IN WITNESS WHEREOF, the parties hereto have made and executed the Agreement as of the day and year first above written. CITY OF OWASSO, OK WSB LLC By: By: Name: Dr. Paul Loving Name: Title: Mayor Title: Exhibit A Scope of Services CIVIL ENGINEERING SERVICES FOR THE FOLLOWING CATEGORIES OF ASSIGNMENTS A. Review of hydrology and hydraulic reports and studies for development projects B. Assistance in the development of policies and ordinances related to stormwater, erosion control or the Municipal Separate Stormsewer System (MS-4) C. Specific assignments related to hydrology and hydraulics that may arise with regard to existing installed infrastructure or proposed development projects D. Review of hydrology and hydraulic reports for developments as they relate to the Cityof Owasso Master Drainage Plan E. Review of floodplain issues regarding FEMA regulated floodplains and floodway F. Any other Stormwater, erosion control, or impervious area issues that the City requests assistance II. Compensation Compensation for the scope of services will be rendered on an hourly basis not to exceed the amount of $ 60,000 as detailed below. Civil Engineering Services (per City's request)................................$60,000 (NTE) TOTAL .............................................. $60,000 III. Assumptions 1. Notice to Proceed: July 1, 2026 (or when Agreement is fully executed) 2. Contract Expiration: June 30, 2027 3. Project reviews shall be completed in 10 working days by ENGINEER 4. Schedule for other assignments to be established at the time assignment is made to ENGINEER Exhibit A —Scope of Services and Compensation Page 1 2026 Rate Schedule WSO ASSOCIATE I SR. ASSOCIATE I PRINCIPAL I SR.. PRINCIPAL Billing Rate/Hour $202 - $291 SR. PROJECT ENGINEER I SR. PROJECT MANAGER $202 - $263 PROJECT MANAGER $178-$199 GRADUATE ENGINEER I PROJECT ENGINEER $120 - $198 PROJECT MANAGER ASSISTANT $98 - $161 ENGINEERING TECHNICIAN I ENGINEERING SPECIALIST $79 - $197 LANDSCAPE ARCHITECT I SR. LANDSCAPE ARCHITECT $89 - $189 ENVIRONMENTAL SCIENTIST I SR. ENVIRONMENTAL SCIENTIST $80 -$187 PLANNER I SR. PLANNER $92-$195 GIB SPECIALIST I SR. GIS SPECIALIST $89 - $195 CONSTRUCTION OBSERVER $121-$158 SURVEY Survey Office Technician $141 - $176 Drone Pilot $204 One -Person Crew $204 Two -Person Crew $275 OFFICE TECHNICIAN $70-$152 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. I Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. I Multiple rates illustrate the varying levels of experience within each category. I Rate Schedule is adjusted annually. m11SKIJC : GM TO: The Honorable Mayor and City Council FROM: Daniel Dearing, P.E., Assistant City Engineer SUBJECT: South Main Street Drainage Improvements - Agreement for Engineering Design Services DATE: July 2, 2026 BACKGROUND: • Downtown Owasso has been redeveloping as part of the Redbud District. • Historic drainage problems have consisted in areas of original town and other storm sewer capacity and aging storm infrastructure problems have been pushed to the forefront with the revitalization of downtown. • Main Street south of 76th Street contains the storm drains and channel that capture the majority of storm runoff from the Redbud District. In order to address capacity and drainage problems throughout the district, the downstream storm sewer trunk line and channel must first be increased and improved. ENGINEERING AGREEMENT/SCOPE OF WORK: City staff and WSB, LLC, developed a scope of work for the design project. Design plan submittals will be required at the 607o, 90% completion stages, and then final plans for bidding once any needed easement is obtained and private utilities are relocated. The Agreement with the Scope of Services is attached. In May 2026, City staff and WSB, LLC, negotiated an engineering service fee. If approved by City Council, the cost of engineering services will be a lump sum amount of $340,300.00 and a $20,000.00 Design Fee Contingency to only be used at the City's discretion to cover any cost for needed extra survey, design, or professional services discovered during design. The total agreement amount is $360,300.00. FUNDING: Funding is available in the Stormwater Fund. RECOMMENDATION: Staff recommends approval of the Professional Services Agreement for Engineering Services with WSB, LLC, of Minneapolis, Minnesota, in the amount of $360,300.00, and authorization to execute all necessary documents. ATTACHMENTS: Location Map Engineering Agreement/Exhibits PROFESSIONAL SERVICES AGREEMENT This Agreement ("Agreement") is made as of July 7, 2026 (Effective Date), by and between City of Owasso, OK, 301 W 2nd Ave., PO Box 180, Owasso, Oklahoma 74055, United States, herein referred to as ("Client") and WSB LLC, 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416, United States, herein referred to as ("Consultant") to provide professional services ("Services") by Consultant in connection with the following project: Owasso - S Main Street Drainage Improvements, located in Owasso, OK ("Project"). ARTICLE 1 - SCOPE AND DESCRIPTION OF SERVICES ("SCOPE OF SERVICES") Please see the attached Scope of Services and Compensation ("Exhibit A"). ARTICLE 2 - PERIOD OF SERVICE The Services described under Scope of Services shall be completed expeditiously and professionally so as to maintain the agreed upon schedule. The schedule may be modified by the parties by agreement or as a result of an excusable delay caused by Force Majeure, a Client Delay, Change in Law or unforeseen conditions at the Project site. ARTICLE 3 - COMPENSATION Unless otherwise stated in the Scope of Services, Consultant shall perform the work on a time and materials basis and invoice for its work monthly. If not stated in Exhibit A, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Each invoice shall include details for the time and reimbursable expenses incurred the previous month. Reimbursable expenses shall include but are not limited to, travel and lodging, mileage, print and plotting charges, shipping charges, messenger delivery charges, plus all taxes (including sales taxes), fees, including but not limited to permit, application, testing, and recording fees, imposts, or stamps required by State, Federal, Municipal, or other government agencies in the providing of Services. Client agrees to pay all invoices within thirty (30) days of receiving same. Any invoice not paid within thirty (30) days of the original invoice date shall bear interest at the lower of 1.5% per month or the highest rate permitted by applicable law on the unpaid balance. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to suspend work and withhold Instruments of Service (as defined below) until payment in full, including interest, is received. Consultant shall have no liability whatsoever to Client for any costs or damages that result from such suspension or withholding of Instruments of Service, and Consultant shall be entitled to reimbursement of all costs incurred while work is suspended. If Consultant resumes services after payment by Client, the time schedule and fees for remaining Services shall be equitably adjusted. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to commence collection efforts, and all collection costs incurred by Consultant shall become immediately due and payable to Consultant as such collection costs are incurred. Collection costs include, but are not limited to, legal fees, collection agency fees, court costs, and reasonable staff costs for Consultant's staff time spent in efforts to collect the overdue balance. Client's failure to pay Consultant in accordance with this Agreement shall constitute a material breach of this Agreement and shall be cause for Consultant to suspend performance or terminate this Agreement. If the Services are suspended by Client for more than thirty (30) calendar days, consecutive or aggregate, Consultant shall be compensated for Services performed prior to such suspension. When the Services are resumed, Consultant shall be compensated for time and expenses incurred in the interruption and resumption of Services. Consultant's fees for the remaining Services and the time schedules shall be equitably adjusted. ARTICLE 4—ADDITIONAL SERVICES In the event of any changes in the Scope of Services, Client Delay, changed or unforeseen conditions, Change in Law or event of Force Majeure, Client agrees to issue an Amendment for Additional Services ("AAS") to equitably adjust Consultant's fees and the time of performance. If Consultant is caused to increase its Scope of Services and Client does not issue an AAS that is acceptable to Consultant, compensation for the expanded Scope of Services shall be on an hourly basis according to Consultant's then -current standard rate schedule ("Rate Schedule"), plus reimbursable expenses. A "Client Delay" shall include a delay caused by the Client failing to make timely decisions, a delay in the delivery of Client ordered equipment or supplies, or a delay by a Client -hired contractor or consultant not timely completing work upon which Consultant's work is dependent. "Force Majeure" is defined below in Article 13. A "Change in Law' is a change in the applicable laws or regulations applicable to the Project when the change occurs after the date of this Agreement. ARTICLE 5 - CLIENT'S RESPONSIBILITIES Client agrees to provide to Consultant in a timely manner all available information, requirements, and limitations relevant to Consultant's performance of its Scope of Services, including, but not limited to, objectives, schedule, constraints and criteria, space requirements, flexibility, expandability, special equipment, systems, and site requirements. Client furnished information shall also include data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub -surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. Consultant may rely on the accuracy of the Client's supplied information and use such information in the development of Consultant's Scope of Services. The accuracy of the Client's information is the Client's responsibility. Client shall update any information it provides if Client becomes aware of any changes in circumstances. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. Client shall also notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in construction or design. Client shall furnish right-of-way entry and continuous unimpaired access to the Project site for Consultant to perform its Scope of Services. Client shall also require all Utilities with facilities in the Client's right of way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. Where appropriate, Client shall endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work. Client shall render decisions in a timely manner pertaining to documents submitted by Consultant to avoid unreasonable delay in the orderly and sequential progress of the Services, including acting promptly to approve all pay requests or requests for information by Consultant. Client shall furnish the services of other consultants when such services are requested by Consultant and are reasonably required by the scope of the Project. Client shall designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client's policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services. Client shall provide such legal, accounting and insurance counseling services as may be required and bear all costs incidental to compliance with the requirements of this article. ARTICLE 6 - INDEMNIFICATION To the fullest extent permitted by law, subject to the limitations set forth below in this Agreement, Client and Consultant shall indemnify and hold harmless the other and its respective directors, officers, employees, and representatives from and against all legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by the indemnitor's negligent acts, errors, or omissions. Neither party shall have a duty to defend the other party and no duty to defend is created by this Agreement. ARTICLE 7 - LIABILITY LIMITATION Client and Consultant have evaluated the parties' relative risks and benefits associated with this Project, including Consultant's fee relative to the risks assumed, and agree to allocate certain of the associated risks. To the fullest extent permitted by law, the total aggregate liability of Consultant (and its employees and sub -consultants) to Client for all injuries, damages, claims, losses, or expenses (including attorney fees and expert fees) arising out of Consultant's services or this Agreement is limited to the greater of Consultant's project fee or $50,000, and Client agrees to hold Consultant harmless for any liability more than such amount. This limitation shall apply regardless of available insurance coverage, cause(s), or the theories of liability, including, but not limited to, breach of contract, negligence, contribution, indemnity, or other remedies. ARTICLE 8 - STANDARD OF CARE Consultant will perform the Services in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar conditions in the same locale. EXCEPT AS SPECIFICALLY STATED HEREIN, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES, AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTICLE 9 - CONSEQUENTIAL DAMAGES NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. ARTICLE 10 - DISPUTE RESOLUTION If a claim or dispute arises out of or relates to Consultant's Services or this Agreement, the parties shall attempt in good faith to settle such claim or dispute through direct discussions. Any claim or dispute arising out of or related to Consultant's Services or this Agreement (except for collection procedures employed by Consultant and those waived or barred as provided elsewhere in this Agreement) that is not resolved by direct discussions shall be submitted to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Either party may file a request for mediation. Mediation shall be pursuant to the Construction Industry Mediation Rules of the American Arbitration Association. The Mediator shall be selected by the parties within fifteen (15) days of the request for mediation. Mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending the conclusion of mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or by court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Tulsa, Oklahoma. Notwithstanding the foregoing, if a claim or dispute between the parties involves, relates to, or is the subject of a mechanic's lien or construction lien arising out of Consultant's Services, Consultant may proceed in accordance with applicable law to comply with all statutory requirements, including those related to lien notice and fling deadlines, prior to the commencement or conclusion of mediation or other form of alternative dispute resolution agreed to by the parties. ARTICLE 11 -TERMINATION Either party may terminate this Agreement for convenience and without cause upon twenty-one (21) calendar days written notice. Either party may terminate this Agreement for cause upon ten (10) calendar days written notice for one or more of the following reasons: 1. The other party's material breach of this Agreement; 2. Assignment of this Agreement without the written consent of the other party; 3. Suspension of the Project or Consultant's Services for more than thirty (30) calendar days, consecutive or aggregate; or 4. Material changes in the conditions under which this Agreement was executed, the Scope of Services, the nature of the Project, or the failure of the parties to reach an agreement on compensation and/or scheduling adjustments necessitated by such changes. In the event of termination of this Agreement by either party, regardless of the reason for termination, Client shall, within fifteen (15) days of termination, pay Consultant in full for all services rendered and costs incurred by Consultant up to the date of termination. Additionally, and notwithstanding any language in this Agreementto the contrary, within sixty (60) days of termination, Client shall reimburse Consultant for all expenses incurred by Consultant in connection with the orderly termination of this Agreement, including, but not limited to, demobilization, reassignment of personnel, associated overhead costs, and all other expenses resulting from the termination. ARTICLE 12 - INSURANCE Consultant shall carry the following insurance: Workers Compensation Statutory Employers Liability $1,000,000 General Liability $1,000,000 Each Occurrence/ $1,000,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit Professional Liability $3,000,000 Per Claim/ $3,000,000 Annual Aggregate General Liability shall name the Client as an additional insured. The insurer agrees to give thirty (30) days written notice in the event of cancellation by the insurer. ARTICLE 13 - MISCELLANEOUS A. WORK PRODUCT/ DOCUMENT OWNERSHIP Except as otherwise provided in Exhibit B (if applicable), the following shall apply to the ownership of documents and work product: Unless Client requests otherwise, Consultant will provide its documents and materials both in a hard copy and in an electronic format. Because electronic documents may be modified intentionally or inadvertently, Client agrees that Consultant will not be liable for any losses or damages resulting from any change in an electronic document after Consultant transmits it to Client. All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Services for use solely with respect to this Project and, unless otherwise provided, Consultant shall be deemed the owner of these Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyright. If Client has paid Consultant in full for its Services, Client shall be permitted to retain copies, including reproducible copies, of Consultant's Instruments of Service for Client's information, reference and use in connection with the Project. Consultant's Instruments of Service shall not be used by the Client or others on other projects, for additions for this Project or for completion of this Project by others, except with Consultant's agreement in writing and with appropriate compensation to Consultant. In consideration of Client's use of Consultant's Instruments of Service, Client shall, to the fullest extent permitted by law, indemnify and hold harmless Consultant, its directors, officers, agents, and employees from all claims arising out of the reuse or misuse of such Instruments of Service. Under no circumstances shall transfer of the Consultant's Instruments of Service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. B. HAZARDOUS MATERIALS Client represents to Consultant that no hazardous materials exist at the Project site. If there are hazardous materials at the Project site, the Client must inform Consultant of the type, quantity, and location of such hazardous materials. If hazardous materials are discovered at the Project site then Consultant will notify the Client and, to the extent required by law, notify the appropriate governmental authority. If Consultant or any other entity encounters hazardous materials at the Project site then Consultant may without any liability to Client or any other entity suspend services until such time as Client retains the appropriate entities to identify and (as appropriate) abate, remediate, or remove the hazardous material. Client agrees that Consultant has been retained to perform professional services and shall not be required to become an arranger, operator, generator, or transporter of hazardous material (as defined by law). Client hereby agrees to indemnify and hold harmless Consultant for all claims losses and damages arising out of the existence of hazardous materials on the Project site. C. UNDERGROUND UTILITY AND STRUCTURE CLEARANCE Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. D. THIRD -PARTY RELIANCE All Services provided by Consultant are for Client's and Consultant's sole benefit and exclusive use with no third -party beneficiaries intended. Reliance upon the Services and any work product is limited to Client and is not intended to benefit any third party. E. CONSTRUCTION SERVICES If requested by Client in the Scope of Services or AAS, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts, errors or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors' means, methods, or procedures of construction. Consultant's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job site safety shall be the sole responsibility of the contractor who is performing the work. For Client -observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an additional service. Consultant and Client shall then enter into an AAS detailing the terms and conditions of the requested project observation. F. SUBMITTALS AND PAY APPLICATIONS If the Scope of Services includes the Consultant reviewing and certifying the amounts due the contractor, the Consultant's certification for payment shall constitute a representation to the Client, that to the best of the Consultant's knowledge, information and belief, the contractor's work has progressed to the point indicated and that the quality of the work is in general accordance with the documents issued by the Consultant. The issuance of a certificate for payment shall not be a representation that the Consultant has (t) made exhaustive or continuous on -site inspections to check the quality or quantity of the work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Client to substantiate the contractor's right to payment, or (4) ascertained how or for what purpose the contractor has used money previously paid on account of the contract sum. Contractor shall remain exclusively responsible for its work. If the Scope of Services includes Consultant's review and approval of submittals from the contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client's contractor. G. JOB SITE SAFETY Neither the Services of Consultant, nor the presence of Consultant at the construction/Project site, shall relieve Client, general contractor(s), or subcontractor(s) of any of their responsibilities or duties to perform the work in strict accordance with the contract documents and to comply with all health and safety precautions required by any regulatory agency. Consultant does not have authority or responsibility to control any construction contractor or its employees in connection with their work or any health or safety programs or procedures. Client agrees that contractors and subcontractors are solely responsible for job site safety and warrants that this intent shall be carried out in Client's contracts with contractors. Client also agrees that Client and its contractor(s), jointly and severally and to the fullest extent permitted by law, shall indemnify and hold harmless Consultant and its employees against any liability related to health, injury, or job site safety. 4 H. OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that that proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of probable construction costs and Client expressly waives any claims related to the accuracy of opinions of probable construction costs. If Client wishes greater assurance as to probable construction cost, Client shall employ an independent cost estimator as part of its Project responsibilities. I. FORCE MAJEURE To the extent any time for performance applies, the affected party shall not be responsible for any delays due to federal, state or municipal actions or regulations, acts of foreign governments, strikes or other labor shortages, equipment or material delays or shortages, delays in issuing applicable permits, acts or omissions of the other party, inclement weather, pandemic, acts of the public enemy, fires, floods, riots, embargos, other acts of God, government shutdown, unforeseen site conditions or any other events or causes beyond the control of Consultant. J. HEADINGS The headings used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of this Agreement or any part hereof. K. ASSIGNMENT Client may not assign this Agreement without the written consent of Consultant. L. ENTIRE AGREEMENT This Agreement represents and contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior oral and written agreements and understandings. M. GOVERNING LAW The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the state in which the Project is located. N. MODIFICATIONS This Agreement may be modified only by a written instrument executed by both parties. O. WAIVER No delay or failure by either party to exercise any right or remedy under this Agreement, and no partial or single exercise of a right or remedy, will waive that or any other right or remedy. P. SEVERABILITY Any invalidity or unenforceability of all or part of a provision of this Agreement shall be severable and shall not affect the validity or enforceability of the remaining part of that provision or other provisions. Q. EXECUTION This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same agreement. Signatures on this Agreement that are transmitted by fax, email or other electronic means shall be valid and binding. R. NO PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy for any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors. S. LIEN NOTICE —APPLICABLE TO PRIVATE PROJECTS IN MINNESOTA ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. T. GENERAL LIEN NOTICE - APPLICABLE TO PRIVATE PROJECTS IN LOCATIONS OTHER THAN MINNESOTA TO THE EXTENT PERMITTED BY APPLICABLE LAW, AS A PARTY SUPPLYING LABOR OR MATERIALS FOR IMPROVEMENT TO PROPERTY, WE MAY FILE A LIEN AGAINST YOUR PROPERTY IF WE ARE NOT PAID IN ACCORDANCE WITH THIS AGREEMENT. IN WITNESS WHEREOF, the parties hereto have made and executed the Agreement as of the day and year first above written. CITY OF OWASSO, OK WSB LLC By By: Name: Dr. Paul Loving Name: Title: Mayor Title: Exhibit A Scope of Services 1. Surveying A. Control: 1) Benchmark(s) established on the Oklahoma State Plane North coordinate system. B. Topographic Survey: 1) Natural ground features including flowlines, ditches, slopes, and trees; Structures, roads, paving, fences, and other observed improvements. C. Property Survey: 1) Section survey 2) Locations of property lines, easements, and rights -of -way as filed of record with the Tulsa County Clerk and available on-line will be shown in the DWG file. D. Utilities: 1) Quality Level B Subsurface Utility Engineering (SUE) E. Deliverables: 1) Civil 3D DWG and Certified Survey Data Sheet in PDF. F. Preparation of Legal Documents - completed as needed by Amendment 2. Geotechnical investigation A. In -Place Soil Survey B. Pavement Design C. Geotechnical Summary report 3. Conceptual Design A. Coordination meeting with Client B. Conceptual drawings (30% plans) 1) Storm route a. Including one alternative route at city hall C. Public engagement meeting 1) One meeting after conceptual design is ready 4. Construction Drawings A. 60% Design and Estimate for review B. 90% Design and Estimate for review C. Finals Plans and Estimate for Bid 5. Project Management, Meetings, and Coordination A. Attend monthly meetings with Client, either in person or virtually B. General Project Management 6. Engineering Calculations & Reports A. Update Hydrology 1) Update rainfall data of existing 2022 hydrologic model to Atlas 14 rainfall from Hydro35 a. This will be completed for the Downtown basin only B. Update Hydraulics 1) Update pipe sizes based on new flow a. This will be completed for the Downtown basin only 2) Consider alternate sections for large pipe (buried bridge) 3) Evaluate one alternative route at City Hall 7. Design Fee Contingency A. To cover cost of extra survey, design, or professional service discovered during design and only to be used atthe City's discretion. II. Compensation Compensation for the scope of services will be rendered on a lump sum basis in the amount of $340,300 as detailed below. Exhibit A —Scope of Services and Compensation Page 1 1.0 Surveying................................................................................. $25,100 2.0 Geotechnical Investigation....................................................... $15,500 3.0 Conceptual Design.................................................................. $70,900 4.0 Construction Drawings and Estimates ................................... $161,900 5.0 Project Management, Meetings & Coordination ...................... $57,700 6.0 Engineering Calculations & Reports ................. .......................... $9.200 7.0 Design Contingency................................................................. $20,000 Total............................................................................................. $360,300 III. Exclusions 1. The following items are excluded from this Agreement; however, Consultant can provide these services for additional compensation by an Amendment for Additional Services (AAS). A. Public Engagement materials B. Summary H&H report C. Major utility relocation D. Right-of-way or Easement Acquisition E. Right-of-way or Easement Documents F. Environmental Permitting Exhibit A — Scope of Services and Compensation Page 2 TO: The Honorable Mayor and City Council FROM: Michele Dempster, Senior Director SUBJECT: Resolution 2026-13, International Association of Fire Fighters - Fiscal Year 2026-2027 Contract DATE: July 2, 2026 BACKGROUND: In February 2026, representatives of the City of Owasso and the International Association of Fire Fighters (IAFF) Local #2789 began negotiations for a successor Collective Bargaining Agreement for Fiscal Year 2026-2027. Tentative agreements have been reached on all contract articles except compensation, which remains the only unresolved issue. Because negotiations remain ongoing, City Council action is necessary to avoid a lapse in the current Collective Bargaining Agreement. The proposed Resolution 2026-13 will continue the Fiscal Year 2025-2026 Collective Bargaining Agreement, including the current compensation structure and all existing terms and conditions, without change while negotiations continue, until a successor agreement is reached through collective bargaining or arbitration, or until June 30, 2027, whichever occurs first. Eligible IAFF members will continue to receive anniversary step increases in accordance with the current agreement. The IAFF is in agreement with continuing the current Collective Bargaining Agreement while negotiations continue. This approach provides operational stability for both parties while allowing negotiations to continue without interrupting the existing terms and conditions of employment. RECOMMENDATION: Staff recommends approval of Resolution 2026-13, continuing the Fiscal Year 2025-2026 Collective Bargaining Agreement between the City of Owasso and the International Association of Fire Fighters Local #2789 into Fiscal Year 2026-2027. ATTACHMENT: Resolution 2026-13 CITY OF OWASSO, OKLAHOMA RESOLUTION 2026-13 A RESOLUTION TO IMPLEMENT TENTATIVE AGREEMENTS BETWEEN THE CITY OF OWASSO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #2789 WHEREAS, the City of Owasso and the IAFF Local #2789 are engaged in bargaining for a Collective Bargaining Agreement for FY 2026-2027, which will be a successor agreement to the FY 2025-2026 Collective Bargaining Agreement; and WHEREAS, the parties have not yet completed a successor agreement to the FY 2025-2026 Collective Bargaining Agreement; and WHEREAS, the City of Owasso desires to continue in effect the FY 2025-2026 Collective Bargaining Agreement, except for provisions of Article 20 and Appendix A addressed in the next paragraph, through June 30, 2027, unless prior to that date the agreement is legally modified by a successor agreement through collective bargaining and/or arbitration as set forth within Oklahoma Statutes Title 11, §51-101 seq. WHEREAS, the City of Owasso and the IAFF Local #2789 have not agreed upon an across the board increase, the City of Owasso and the IAFF Local #2789 agree that the compensation provisions currently provided for in Article 20, Compensation, and the Appendix A Pay Plan, of the FY 2025-2026 Collective Bargaining Agreement shall continue unchanged through June 30, 2027, unless prior to that date the agreement is legally modified by a successor agreement through collective bargaining and/or arbitration as set forth within Oklahoma Statutes Title 11, §51-101 seq., allowing eligible employees to receive step increases on their anniversary dates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the provisions of the FY 2025-2026 Collective Bargaining Agreement, which does not include Article 20 Compensation, and Appendix A, except for provisions of Article 20 and Appendix A addressed in the next paragraph, through June 30, 2027, as permissible within the confines of Oklahoma law, will continue to be observed by the City until June 30, 2027 unless a successor agreement is placed into effect through collective bargaining and/or arbitration as set forth within Oklahoma Statutes Title 11, §51-101 seq.; and NOW, BE IT FURTHER RESOLVED, that the compensation provisions currently provided for in Article 20, Compensation, and the Appendix A Pay Plan, of the FY 2025-2026 Collective Bargaining Agreement, as permissible within the confines of Oklahoma law, will continue to be observed by the City unchanged until June 30, 2027 unless a successor agreement is placed into effect through collective bargaining and/or arbitration as set forth within Oklahoma Statutes Title 11, §51-101 seq., allowing eligible employees to receive step increases on their anniversary dates. NOW, BE IT FURTHER RESOLVED, this agreement shall expire on June 30, 2027, unless prior to that date the Collective Bargaining Agreement is legally modified by a successor agreement through collective bargaining and/or arbitration as set forth within Oklahoma Statutes Title 11, §51-101 seq., or unless extended in writing by the parties. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: APPROVED this 7th day of July, 2026. Dr. Paul Loving, Mayor Julie Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, Managerial Services Director SUBJECT: Citizen Board and Committees Appointments DATE: July 2, 2026 BACKGROUND: To continue citizen participation and City staff involvement on the various boards, committees, trusts, and commissions, discussions were held during the April and June worksessions to discuss the annual appointment process and talent bank applicants. Pursuant to authority contained in Article 2, Section 2-4, subsection (e) of the Charter of the City of Owasso, the City Council has established ordinances that provide, generally; for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments are subject to confirmation by the City Council. Additionally, the City Council has established the same procedure, by precedent, for those appointments not specifically addressed by ordinance. An item has been placed on the July 2, 2026, City Council agenda seeking City Council confirmation of the following appointments: AUDIT COMMITTEE - Chad Balthrop (Seat 1, City Council), term expires June 30, 2027 Robert Curfman (Seat 3, Business Person), term expires June 30, 2029 Andrea O'Dell (Seat 4, Non -Practicing CPA) term expires June 30, 2029 BOARD OF ADJUSTMENT - Heather Cunningham (At Large), term expires June 30, 2029 Bob Parker (At Large), term expires June 30, 2029 CAPITAL IMPROVEMENTS COMMITTEE - term expires June 30, 2027 Chad Balthrop (City Council Representative) Jason Drake (At Large) Cody Walter (City Council Representative) Jim Hunter (At Large) David Smith (Planning Commission Representative) Rob Haskins (At Large) Dirk Thomas (OEDA Representative) Kent Inouye (At Large) Jeff Davis (At Large) Keith Whitfield (At Large) OWASSO ECONOMIC DEVELOPMENT AUTHORITY - Skip Mefford, term expires June 30, 2031 Chelsea Feary (Chamber Representative), term expires June 30, 2027 Alvin Fruga (Council Representative), term expires June 30, 2027 PERSONNEL BOARD - Mclissa Nordeen, term expires June 30, 2029 PLANNING COMMISSION - Kent Inouye, term expires June 30, 2029 B&C Appointments Page 2 INDIAN NATIONS COUNCIL OF GOVERNMENTS (INCOG) BOARD OF DIRECTORS/GENERAL ASSEMBLY - term expires June 30, 2028 Jamie Dunn (City Council Representative) Paul Loving (City Council, Alternate) INCOG TRANSPORTATION POLICY COMMITTEE - term expires June 30, 2027 Roger Stevens (Public Works Director) Travis Blundell (Assistant Public Works Director, Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE - term expires June 30, 2027 Dwayne Henderson (Public Works) Daniel Dearing (Public Works, Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY - term expires June 30, 2027 Travis Blundell (Public Works) Dwayne Henderson (Public Works, Alternate) CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06/13/26 Department Total Payroll Expenses Municipal Court $ 8,801.84 Managerial 38,751.47 Finance 27,671.68 Human Resources 19,132.44 Community Development 33,719.37 Engineering 29,566.53 Information Technology 30,606.44 Facility Maintenance 15,105.83 Cemetery 3,146.68 Police Grants 2,442.18 Dispatch 17,745.31 Animal Control 8,870.56 Emergency Preparedness 3,514.42 Stormwater 6,683.07 Parks 17,366.91 Recreation & Culture 12,318.07 Community Center 10,074.41 Historical Museum 1,133.44 Strong Neighborhoods 598.55 Total General Fund $ 287,249.20 Ambulance Fund $ 759.80 E911 Communications Fund $ 39,303.29 Economic Development $ 3,965.49 Strong Neighborhoods $ 4,860.96 Stormwater Fund $ 15,708.40 Half Penny - Fire $ 349,928.04 Half Penny - Fire Grants $ 26,929.74 Half Penny - Police $ 333,258.23 Half Penny - Police Grants $ 3,525.33 Half Penny - Streets $ 29,739.92 Vehicle Maintenance $ 16,968.70 Workers Comp $ 4,293.61 CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06/27/26 Department Total Payroll Expenses Municipal Court Managerial 45,060.15 Finance 39,238.96 Human Resources 23,524.34 Community Development 41,015.87 Engineering 40,057.38 Information Technology 45,257.74' Facility Maintenance 22,285.03 Cemetery 3,981.75' Dispatch 1,938.47. Animal Control 11,328.72 Emergency Preparedness 4,661.73 Stormwater 10,964.54' Parks 22,533.91 Recreation & Culture 17,227.31 Community Center 10,475.79 Historical Museum 1,159.52- Strong Neighborhoods 609.18; Total General Fund $ 353,612.99 Ambulance Fund $ 777.28 E911 Communications Fund $ 48,861.69 Economic Development $ 4,674.20 Strong Neighborhoods $ 6,788.20 Stormwater Fund $ 23,730.20 Half Penny - Fire $ 477,181.34 Half Penny - Fire Grants $ 37,193.20 Half Penny - Police $ 475,348.83 Half Penny - Police Grants $ 2,481.71 Half Penny - Streets $ 42,069.89 Vehicle Maintenance $ 25,930.37 Workers Comp $ 1,203.82 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF O6/30 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 87,481.52 HEALTHCARE MEDICAL SERVICE 47,382.64 HEALTHCARE MEDICAL SERVICE 45,957.81 HEALTHCARE MEDICAL SERVICE 47,637.23 HEALTHCARE MEDICAL SERVICE 42,876.03 HEALTHCARE MEDICAL SERVICE 70,687.35 HEALTHCARE MEDICAL SERVICE 38,613.28 HEALTHCARE MEDICAL SERVICE 49.88 HEALTHCARE MEDICAL SERVICE 60,820.27 HEALTHCARE MEDICAL SERVICE 29,604.74 ADMIN FEES 16,010.86 STOPLOSS 74,147.96 HEALTHCARE DEPT TOTAL 661,269.57 DELTA DENTAL DENTAL MEDICAL SERVICE 5,531.65 DENTAL MEDICAL SERVICE 9,391.35 DENTAL MEDICAL SERVICE 5,844.02 DENTAL MEDICAL SERVICE 6,997.90 ADMIN FEES 3,700.62 DENTAL DEPT TOTAL 31,465.54 VSP VISION MEDICAL SERVICES 3,052.99 VISION MEDICAL SERVICES 327,95 ADMIN FEES 81.99 VISION DEPT TOTAL 3,462.93 HEALTHCARE SELF INSURANCE FUND TOTAL 596,198.04