Miami Special Utility Authority (MSUA) Packets

MSUA PURCHASE ORDERS PRESENTED Monday, January 4, 2021 VENDOR DESCRIPTION INVENTORY ANIXTER INVENTORY SUPPLIES (PO#21-00233) 2,304.00 HUGOS DE-ICER, CLEANER, BATTERIES, (PO#21-00622) 664.40 HUGOS BANDAGES, ALCOHOL WIPES, SOLUTION 371.68 HUGOS TRAFFIC CONES 490.50 HUGOS CLEANSER TOWELETTES 45.41 UTILITY SUPPLY METER GASKET, CHLORINE 499.78 4,375.77 CUSTOMER SERVICE ACI PAYMENTS RETURN CHECK FEES 15.00 FUELMAN FUEL USAGE 12/14/2020 13.15 28.15 ADMINISTRATIVE SERVICES OLSSON GENERAL ENGINEERING (PO#21-00001) 7,104.09 SOONER PRINTING STAMP REPLACEMENT 13.00 7,117.09 METERING FUELMAN FUEL USAGE 12/14/2020 64.57 KATNER MILLS BALL JOINT 74.98 O'REILLY MOTOR OIL, FILTER, RACK & PINION ASSEMBLY 439.31 PAYTONS ALIGNMENT 58.16 637.02 IT CONTROL SCAN SPG PACKAGE - AIRPORT 34.95 SHI INTERNATIONAL AUDIO CONFERENCES (PO#21-00782) 1,434.56 SPARKLIGHT INTERNET 34.38 TYLER TECHNOLOGIES EXECUTIME CLOUD TIME (PO#21-00781) 694.58 2,198.47 ELECTRIC ACE HARDWARE HEATER W/ THERMOSTAT 69.99 ACTION COMMUNICATIONS VHF RADIOS (PO#21-00489) 1,258.68 ANDERSON ENGINEERING SURVEYING HWY. 69 SEWER (PO#21-007770 1,900.00 B&B AUTO OIL, BALL & PINTLE,ADAPTER 299.26 BORDER STATES ELECTRIC METERS (PO#21-00760) 1,662.56 EUBANKS EQUIPMENT REPLACE HYD. PUMP (PO#21-00798) 1,059.64 FARWEST CRIMPING TOOLS & 120V CHARGER (PO#21-00724) 3,420.00 FASTENAL SAW BLADES 78.58 FASTENAL ANGLE GRINDER 312.94 FUEL MAN FUEL USAGE 12/14/2020 388.73 LOCKE SUPPLY SEARCH LIGHT 212.08  LOCKE SUPPLY 4 PC PACKOUT COMBO KIT 499.00 LOOPER STAIR PLATFORMS FOR SUB. 1&2 (PO#21-00779) 6,845.00 MAIN STREET CAR WASH CAR WASH - ELECTRIC 74.13 MIAMI NEWS RECORD C20-66 POWER SUBSTATIONS 167.88 OLSSON FEEDER 23 REBUILD (PO#21-00806) 3,955.82 OLSSON 69A UTILITY RELOCATION (PO#21-00811) 683.45 OLSSON SCADA DESIGN (PO#21-00809) 5,748.97 SIGNALTEK LED 12" ARROWS YELLOW 127.00 VANCE FORD MULTI-POINT INSPECTION UNIT 230 387.11 29,150.82 ROW BACCO TREE TRIMMING (PO#21-00805) 3,586.47 BACCO TREE TRIMMING (PO#21-00776) 4,637.10 FUELMAN FUEL USAGE 12/14/2020 167.51 MAIN STREET CAR WASH CAR WASH 28.72 MIAMI INDUSTRIAL MAXIFLEX GLOVES 60.00 8,479.80 WATER PRODUCTION ACCURATE ENVIRONMENTAL TOTAL COLIFORM TESTING 235.00 ACTION GRAPHICS DAILY LOG BOOK 172.00 FASTENAL SCREWS, PAINT MARKER, LEVEL 269.18 OKLAHOMA NATURAL GAS GAS USAGE 11/10-12/9/2020 45.82 722.00 WATER DISTRIBUTION B&B AUTO HITCH BALL 33.00 B&L WATERWORKS HEAD BOLTS & NUTS 490.00 B&L WATERWORKS TAPPING SADDLES & CORP STOP (PO#21-00732) 3,680.80 B&L WATERWORKS EXTENDED SOCKET SET 183.00 COLLINS CONSTRUCTION CURB/DRIVEWAY 4TH & C NW (PO#21-00813) 2,000.00 FUELMAN FUEL USAGE 12/14/2020 207.82 LOCKE SUPPLY SCREWS, WALL CONDUIT 227.73 MID-CENTRAL CONTRACT AUTOMATION SUPPORT (PO#21-00780) 978.75 NEO CONCRETE 4TH & E NW PROJECT 196.00 NEO CONCRETE 4TH & C NW PROJECT 196.00 NEO CONCRETE 4TH & D NW PROJECT (PO#21-00814) 980.00 NEO CONCRETE 4TH & D NW PROJECT (PO#21-00818) 927.00 NEO CONCRETE 4TH & E NW PROJECT (PO#21-00803) 904.50 NEO CONCRETE A NE PROJECT (PO#21-00804) 675.00 O'REILLY FAN ASSEMBLY 54.43 TINT N MORE AIR BAG SYSTEM (PO#21-00307) 1,605.00 US BANK LEASE PAYMENT 12/20 1,724.50 UTILITY SUPPLY DESCALER 209.24 UTILITY SUPPLY PIPE, SWIVEL, GASKET, MJ TEE (PO#21-00676) 2,106.45  UTILITY SUPPLY TAPPING SLEEVE/VALVE (PO#21-00660) 5,875.00 WORTH HYDROCHEM PROPELLER ASSEMBLY (PO#21-00783) 2,659.99 25,914.21 POLLUTION CONTROL ARROWHEAD OUTDOOR POLLUTION CONTROL POSITION 75.00 FUELMAN FUEL USAGE 12/14/2020 61.56 136.56 SOLID WASTE 4-STATE MAINTENANCE CLEANSER 111.66 AIRE-MASTER DEODORIZER SERVICES 19.71 ALERT 360 MONITORING SERVICES 30.00 FABICK CAT BELT & PULLEY 212.82 FUELMAN FUEL USAGE 12/14/2020 900.12 KATNER MILLS OIL, AIR, FUEL FILTERS 244.94 KATNER MILLS AIR, FUEL, OIL FILTERS, WINDSHIELD WASHER 125.97 OK. TURNPIKE AUTHORITY TOLL FEES 11/1-11/30/2020 0.85 O'REILLY BACKUP ALARM 30.31 TRI STATE MACK LE WINDSHIELD 250.50 TRI STATE FUEL FILTER, FLOW LUBE, BYPASS LUBE 143.79 WASTE RESEARCH ROLL RITE TARP PART 410.98 WEST TERMITE EXTERMINATING SERVICES 60.00 2541.65 COMMUNITY DEVELOPMENT FUELMAN FUEL USAGE 12/14/2020 20.28 20.28 STORMWATER FUELMAN FUEL USAGE 12/14/2020 14.18 NEO CONCRETE 700 BLK. K NW PROJECT 135.00 NEO CONCRETE 3RD & G NE PROJECT 110.00 259.18 MSUA CC PAYMENT - NOVEMBER 1 - NOVEMBER 15.2020 24,884.82 MSUA CC PAYMENT - NOVEMBER 16 - DECEMBER 1,2020 57,956.90 FINAL UTILITY REFUNDS 943.53 SALARIES & BENEFITS DECEMBER 17, 2020 171,702.48 TOTAL MSUA CLAIMS $337,068.73  MIAMI SPECIAL UTILITY AUTHORITY NOVEMBER 01, 2020 - NOVEMBER 15, 2020 INVENTORY BORDER ELECTRIC INVENTORY $304.36 BORDER ELECTRIC INVENTORY $462.77 BORDER ELECTRIC INVENTORY $459.50 BORDER ELECTRIC INVENTORY $498.60 AMAZON MISC INVENTORY $479.97 TOTAL 2205.2 CUSTOMER SERVICE PEREGRINE - PRINTING $247.40 PEREGRINE -POSTAGE $515.97 TOTAL 763.37 METERING VERIZON 40.01 40.01 IT $199.00 AMAZON- DOOR LOCK $41.08 WALMART- HDMI CORD $240.06 VRZN-IT & COUNCIL $6,729.58 BOLT FIBER OPTIC - PHONES $193.58 AMAZON- PI FOR FTP SERV $116.00 AMAZON- HDMI $30.96 WALMART- MICRO SD $67.14 AMAZON- SSD HARDDRIVE $81.22 AMAZON- EXT DVD DRIVE 7698.62 ELECTRIC TRACTOR SUPPLY TOOLS $162.97 SHELL OIL PEAK DIESEL $20.44 BORDER STATES STIRRUPS $405.00 ACE HDWE -SCRWDRVR SET $28.45 FARWEST LINE- GRIPS $443.34 ACE HDWE - REF. SALES TAX ($28.45) ACE HDWE - SCRWDRVR SET $25.98 BORDER STATES INDUST LGHTS $370.00 FARWEST LINE RAIN JACKET $346.04 VRZN-ELECTRIC $80.02 FSA HOSP CK ENERGY LOLLAR $657.30 FSA HOSP CK ENERGY KOGER $657.30  MIAMI SPECIAL UTILITY AUTHORITY NOVEMBER 01, 2020 - NOVEMBER 15, 2020 APACHE HOTEL- MATHIA $657.30 APACHE HOTEL- BULLARD $657.30 APACHE HOTEL- MUSTAIN $657.30 $5,140.29 ROW HARBOR FREIGHT TAX REFUND ($6.56) HARBOR FREIGHT O-RING $5.99 KATNER MILLS MOTOR BATTERY $262.06 VERIZON $80.02 $341.51 WATER PRODUCTION AMAZON- JACKETS $109.98 USPS- MAIL WATER REP $8.40 118.38 WATER DISTRIBUTION LINEMENS STANLEY PUMPS $4,071.14 KARNES- FLAT TIRE $15.00 SERVAPURE- BOOSTER PUMP $2,317.66 VRZN-WATER $186.20 $6,590.00 POLLUTION CONTROL PACE - WEEKLY EFFLUENT $50.00 USA BB LAB SUPPLIES $448.99 PTC INC- SUPPORT $260.00 $758.99 SOLID WASTE WALMART- HARD DRIVE $238.00 ACE-#6319 BOLTS $7.19 MIAMI IND-BOLT CLAMP $3.18 O'REILLY-WIPER BLADES,FLUID $92.02 ACE- TUBE GREASE $61.45 WOODSHED-DEF $499.50 DOLLAR TREE-CLEANING SUPP $44.00 CLEAN - UNIFORM $33.91 CLEAN - UNIFORM $33.91 CLEAN - UNIFORM $32.71 CLEAN - UNIFORM $36.81  MIAMI SPECIAL UTILITY AUTHORITY NOVEMBER 01, 2020 - NOVEMBER 15, 2020 CLEAN - UNIFORM $37.94 CLEAN - UNIFORM $33.91 CLEAN - UNIFORM $33.91 $1,188.44 COMMUNITY DEVELOPMENT VERIZON 40.01 40.01 GRAND TOTAL 24884.82  MIAMI SPECIAL UTILITY AUTHORITY NOVEMBER 16, 2020 - DECEMBER 01, 2020 INVENTORY BORDER ELECTRIC INVENTORY $372.00 BORDER ELECTRIC INVENTORY $359.00 BORDER ELECTRIC INVENTORY $429.00 BORDER ELECTRIC INVENTORY $312.75 TOTAL 1472.75 CUSTOMER SERVICE PEREGRINE - PRINTING $290.97 PEREGRINE - PRINTING $380.36 PEREGRINE - PRINTING $313.23 PEREGRINE - PRINTING $307.80 PEREGRINE -POSTAGE $606.84 PEREGRINE - POSTAGE $793.26 PEREGRINE -POSTAGE $653.25 PEREGRINE -POSTAGE $641.94 TOTAL $3,987.65 ADMINISTRATIVE SERVICES NIGP TRAINING $358.00 TOTAL $358.00 IT WALMART- FACEMASKS $58.76 CANON -COPIER CONTRACT $2,694.84 AMAZON-PRINTER CORD $25.98 REALVNC LIMITED - Purchase $275.00 REAL VNC- VNC CONNECT $2.75 TOTAL $3,057.33 ELECTRIC OTC - TITLE AND TAG $47.50 OTC - FEE $2.10 CLEAN - UNIFORM $130.42 CLEAN - UNIFORM $141.49 TOTAL $321.51  MIAMI SPECIAL UTILITY AUTHORITY NOVEMBER 16, 2020 - DECEMBER 01, 2020 ROW CLEAN - UNIFORM $32.28 CLEAN - UNIFORM $32.28 SWIFT XMAS TREE DELIVERY $1,374.50 SWIFT XMAS TREE DLIVRY $1,374.50 TOTAL $2,813.56 WATER PRODUCTION CLEAN - UNIFORM $23.10 WALMART- MASKS/SANITIZER $274.68 M&K- SPARK PLUG/LABOT $58.22 STATE SUPP-SOLENOID VALVE $431.84 TOTAL $787.84 WATER DISTRIBUTION GUARDEST - FACE MASKS $320.28 VANCE CHRYSLER- REPAIR $452.87 BUMPER TO BUMPER- RELAY $11.19 FEVER PATROL- THERMOETERS $161.89 SPARKLIGHT- WATER DEPT $89.79 TOTAL $1,036.02 POLLUTION CONTROL PACE - WINTER TESTING $490.00 TOTAL $490.00 WASTE WATER COLLECTION SUPER PRODUCTS-PARTS $1,185.72 TOTAL $1,185.72 SOLID WASTE HARBOR FREIGHT-SFTY GLASS $15.96 BO'S TIRE- TIRE REPAIR $180.00 O'REILLY-ANTIFREEZE $107.94 TRI STATE-G6 SENSOR $54.34 FASTENAL-BOLTS FOR LOADER $1.53 BO'S TIRE- TIRE REPAIR $50.00 BO'S TIRE- TIRE REPAIR $100.00 CLEAN - UNIFORM $32.71 CLEAN - UNIFORM $32.71  MIAMI SPECIAL UTILITY AUTHORITY NOVEMBER 16, 2020 - DECEMBER 01, 2020 CLEAN - UNIFORM $32.71 WCA - TIPPING FEES $40,456.76 TOTAL $41,064.66 STORM WATER PCI- CONTAINMNT BERMS $1,381.86 TOTAL $1,381.86 GRAND TOTAL $57,956.90 THE MIAMI SPECIAL UTILITY AUTHORITY (MSUA) MET IN REGULAR SESSION DECEMBER 15, 2020, IN THE MIAMI CIVIC CENTER BANQUET ROOM AT 5:30 PM WITH THE FOLLOWING MEMBERS PRESENT: Bless Parker, Chairman Tyler Cline, Interim Trust Manager David Davis, Trustee (Absent) Ben Loring, Trust Attorney Ryan Orcutt, Trustee Melissa Moore, City Clerk Vicki Lewis, Trustee The agenda for the meeting was displayed in the main lobby of the Miami Civic Center and by posting on www.miamiokla.net starting at 4:25PM on December 14, 2020, pursuant to 25 O.S §311(9) (a) and (b). THE TRUST MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM LISTED IN THIS AGENDA: Call to Order Chairman Parker called the meeting to order at 5:30PM. Invocation Invocation by Pastor of Immanuel Baptist Church, Mark Nichols Pledge of Allegiance Trustee Orcutt led the Pledge of Allegiance Public Input and Unscheduled Personal Appearances None. CONSENT AGENDA By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately in their regular order. Staff recommends that Item 6 through Item 9 be placed on the consent agenda. Trustee Lewis moved to transfer Item #6 (Approve Claims) through Item #9 (Approve Resolution MSUA 2020-02 Delegating All Claims Payment Within Budget to the Trust Manager With Chairman’s Written Approval During Extraordinary Circumstances) to the consent agenda and approve as presented. The motion was seconded by Chairman Parker. The Trust was polled with the following results. Lewis, Aye Parker, Aye Orcutt, Aye Davis, Absent Chairman Parker declared the motion carried. Approve Claims Moved to consent agenda. Approve Minutes: December 01, 2020 (Regular) Moved to consent agenda. Approve Resolution MSUA2020-01 Public Input and Unscheduled Personal Appearances Moved to consent agenda. Approve Resolution MSUA 2020-02 Delegating All Claims Payment Within Budget to the Trust Manager With Chairman’s Written Approval During Extraordinary Circumstances Moved to consent agenda. MSUA Page 1 of 5 December 15, 2020 Accept or Reject Change Order #2 for Project #C20-08 With Jeff Asbell Excavating & Trucking for East Central Avenue Waterline Replacement Project DWSRF Project No P40-2005813-02 Shaun McConnaughey explained that this is a no cost change order. The plant which produces the pipeline for this project was shut down due to COVID-19. The change order is requesting an additional forty-five (45) days to complete the project. The new completion date would be February 09, 2021. Chairman Parker moved to approve the change order. The motion was seconded by Trustee Lewis. The Trust was polled with the following results. Parker, Aye Lewis, Aye Orcutt, Aye Davis, Absent Chairman Parker declared the motion carried. Other New Business, if any, Which has Arisen Since the Posting of the Agenda and Could not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) None. Staff Reports (Written report included in packet, if available staff is present for questions) None. Trustee Community Announcements None. Adjournment Trustee Orcutt moved to adjourn the meeting. The motion was seconded by Trustee Lewis. The Trust was polled with the following results: Orcutt, Aye Lewis, Aye Parker, Aye Davis, Absent Chairman Parker declared the meeting adjourned at 5:34PM. ___________________ _____________________ _______________________ Trustee Lewis Trustee Orcutt Vacant ___________________ _____________________ ATTEST: ________________________ Trustee Parker, Chairman Trustee Davis Melissa Moore, City Clerk MSUA PURCHASE ORDERS PRESENTED Tuesday, December 15, 2020 VENDOR DESCRIPTION INVENTORY B&L WATERWORKS SCH 40" PIPE 370.00 BORDER STATES INTERMEDIATE ARREST (PO#21-00097) 4,915.80 BORDER STATES CONNECTORS, DEADENDS (PO#21-00099) 6,202.71 BORDER STATES SCH40 CONDUIT (PO#21-00384) 15,759.20 MSUA Page 2 of 5 December 15, 2020  27,247.71 CUSTOMER SERVICE PIONEER PRINTING ROLL THERMAL PAPER 14.30 14.30 ADMINISTRATIVE SERVICES GOODELL, STRATTON RULE CURVE CHANGE (PO#21-006960 5,040.00 GRDA PURCHASED POWER 11/1-11/30/2020 574,563.17 OAPT US&C MEMBERSHIP DUES JF, MA, MH 75.00 OMCTFOA MEMBERSHIP FEES - MM, JF, MA, MH 150.00 QUADIENT POSTAGE FUNDING 39.00 579,867.17 METERING FUELMAN FUEL USAGE 11/2-11/23/2020 260.20 260.20 IT CDW-G WEBCAM 99.63 CONVERGEONE FIREWALL ASSISTANCE (PO#21-00675) 1,102.50 DAVENPORT GROUP PROFESSIONAL SERVICES (PO#21-00314) 1,000.00 SPARKLIGHT INTERNET 17.19 TANGENT CLOUD RENEWAL (PO#21-00749) 3,905.00 TYLER TECHNOLOGIES ANNUAL HARDWARE MAINTENANCE (PO#21-00646) 1,539.95 UNITASGLOBAL BACKUP SERVICES (PO#21-00715) 6,865.39 14,529.66 ELECTRIC ACE HARDWARE BATTERIES AA 14.99 ALTEC AUGER EXTENSION (PO#21-00702) 661.78 ALTEC LATCH KIT, ROPE (PO#21-00736) 1,316.97 ANDERSON ENGINEERING INFRASTRUCTURE-TRK. RT. & VETERANS (PO#21-00742) 1,185.50 ARVEST LEASE PAYMENT 12/2020 8,307.43 B&B AUTO TAIL LIGHT 24.00 COLLINS CONSTRUCTION DIG & BACKFILL ELECTRIC DITCH (PO#21-00703) 500.00 DA VIDEO LOVELOCAL VIDEO CAMPAIGN 220.00 FASTENAL NUTS & BOLTS 5.30 FUELMAN FUEL USAGE 11/2-11/23/2020 1,466.10 GRAND RENTAL SCISSOR LIFT RENTAL 290.12 KARNES PRO TIRE FLAT REPAIR 15.00 LOCKE SUPPLY FLOOD & SEARCH LIGHT 309.30 NORTHWEST TRANSFORMER RECONDITION TRANSFORMER 443.00 NORTHWEST TRANSFORMER REWIND TRANSFORMER (PO#21-00700) 982.00 NORTHWEST TRANSFORMER TRANSFORMER RECONDITION (PO#21-00699) 1,409.50 OKLAHOMA TURNPIKE AUTH. TOLL FEES 11/1-11/30/2020 24.40 OMUSA JT&S DUES 625.88 SOONER PRINTING NAME PLATES 405.00 SOUTHWEST ELECTRIC SUB 1 FIELD SERVICE (PO#21-00656) 14,500.00 MSUA Page 3 of 5 December 15, 2020  32,706.27 ROW ACE HARDWARE EXTENSION CORD 99.99 BACCO TREE SERVICES (PO#21-00641) 5,135.54 BACCO TREE SERVICES (PO#21-00704) 4,230.20 BACCO TREE SERVICES (PO#21-00735) 5,207.70 FUELMAN FUEL USAGE 11/2-11/23/2020 154.97 14,828.40 WATER PRODUCTION ACCURATE ENVIRONMENTAL TOTAL COLIFORM 235.00 ANDERSON ENGINEERING EAST CENTRAL INSPECTION (PO#21-00701) 5,134.05 B&B HEATING & AIR REPLACED BATTERIES 85.00 MISACO SIGN POCKET T-SHIRTS, HOODIES 275.25 OKLAHOMA NATURAL GAS GAS USAGE 10/13-11/10/2020 42.28 ORWB SYSTEM MEMBERSHIP (PO#21-00691) 4,000.00 UTILITY SERVICE QUARTERLY TANK INSPECTION (21-00709) 29,812.25 39,583.83 WATER DISTRIBUTION B&L WATERWORKS SKIMMER, CAMLOCK, COMBINATION NIPPLES 33.22 B&L WATERWORKS REPAIR CLAMP 215.82 B&L WATERWORKS ELBOWS 399.14 B&L WATERWORKS 12" DEGREE ELBOW, GAUGE,GLAND PACK, 439.16 COLLINS CONSTRUCTION CUT & RESTORE CONCRETE PAVEMENT (PO#21-00688) 500.00 COLLINS CONSTRUCTION RESTORE ASPHALT PAVEMENT (PO#21-00737) 2,450.00 DEQ APPLICATION FOR PERMIT (PO#21-00752) 4,455.91 FUELMAN FUEL USAGE 11/2-11/23/2020 886.16 HK ELECTRIC ELECTRIC HEATER, THERMOSTAT 383.49 JEFF ASBELL EXCAVATING EAST CENTRAL WATERLINE (PO#21-0744) 371,074.49 KEMP STONE CRUSHED ROCK (PO#21-00531) 5,051.17 M&D LUMBER DOUGLAS FIR#2 94.80 HARDBOARD, SCREWS, STAKE,MORTAR, WHITE PINE, M&D LUMBER DOUGLAS FIR #2 338.37 NEO CONCRETE HI EARLY CONCRETE 294.00 NEO CONCRETE 4TH & F. NW CONCRETE (PO#21-00731) 588.00 NEO CONCRETE 4TH & G. NW CONCRETE (PO#21-00730) 637.00 OKLAHOMA TURNPIKE AUTH. TOLL FEES 11/1-11/30/2020 8.25 O'REILLY WIPER MOTOR, ALTERNATOR 429.82 POWERUP RENTAL CONCRETE NAILS 28.86 UTILITY SUPPLY PIPE, SWIVEL, GASKET, (PO#21-00676) 8,386.00 UTILITY SUPPLY PIPE, SWIVEL, GASKET, (PO#21-00676) 2,350.00 398,797.67 POLLUTION CONTROL ARVEST LEASE PAYMENT 12/2020 1,512.65 FUELMAN FUEL USAGE 11/2-11/23/2020 77.85 MSUA Page 4 of 5 December 15, 2020  OKLAHOMA NATURAL GAS GAS USAGE 10/30-11/30/2020 20.97 1,611.47 SOLID WASTE AIRE MASTER DEODORIZER SERVICES 12.71 FUELMAN FUEL USAGE 11/2-11/23/2020 2443.06 KATNER MILLS BELT 48.99 LIBERTY FLAGS NYLON FLAGS 156.10 OKLAHOMA NATURAL GAS GAS USAGE 10/30-11/30/2020 74.42 O'REILLY FLASHER, TAPE, CONDUIT 39.46 O'REILLY PURGE VALVE KITS 112.96 O'REILLY SENSOR 48.70 O'REILLY HYDRAULIC HOSE, MEGA CRIMP 86.18 WELCH STATE BANK LEASE PAYMENT 12/20 10653.36 WELCH STATE BANK LEASE PAYMENT 12/20 5818.67 19494.61 COMMUNITY DEVELOPMENT FUELMAN FUEL USAGE 11/2-11/23/2020 43.32 43.32 STORMWATER ANDERSON ENGINEERING VETERANS BLVD. HYDRAULIC ANALYSIS (PO#21-00740) 1,897.50 NEO CONCRETE 2ND & 3RD. G. NE CONCRETE 90.00 1,987.50 FINAL UTILITY REFUNDS 367.75 SALARIES & BENEFITS NOVEMBER 19, 2020 194,491.32 SALARIES & BENEFITS DECEMBER 3, 2020 134,443.15 TOTAL MSUA CLAIMS $1,460,274.33 MSUA Page 5 of 5 December 15, 2020  MSUA ACTION/DECISION REQUEST MSUA MEETING 1/4/2021 DATE: AGENDA TITLE: Approve Authorizing the Removal of Brooke Testerman From the Signature Card at Welch State Bank BACKGROUND: • Brooke Testerman has resigned her position within the finance department and has transferred to dispatch. Since she is no longer in finance, she needs to be removed from the signature cards at our banks. Welch has requested minutes from a meeting authorizing the removal of Brooke from their signature card. STAFFS RECOMMENDATION: Authorizing the removal of Brooke Testerman from the signature card at Welch State Bank. PRESENTER(S): Michael Addington/Jill Fitzgibbon  MIAMI SPECIAL UTILITY AUTHORITY ACTION/DECISION REQUEST MSUA MEETING January 4, 2021 DATE: AGENDA TITLE: Resolution CC2021-01 Approving Community Financial Support, and Fee Waivers to Pete’s of Erie, Inc. Related to the Development of 1003 N. Main BACKGROUND: • Pete’s of Erie, Inc. currently has 3 locations in Miami • Recently purchased the property located at 1003 N Main for the development of a larger convenience store with kitchen • When fully operational the new convenience store will employ approximately 14.8 employees with a total annual salary combined of approximately $430,000. • Agreement includes the following fee waivers: • Permit and inspection fees (does not waive permits and inspections) • Electricity and water hookup fees associated with the construction phase of the project • Up to $10,000 in roll-off rental and tipping fees associated with the construction phase of the development project • The agreement also includes a claw back clause stating the city will have a lien on the property for the total dollar amount of the conditional fee waiver resulting from the resolution until the economic development criteria described in the resolution has been met. • Request for bid is expected to go out 1st qtr 2021 • Operational no later than 4th qtr 2021 STAFFS RECOMMENDATION: Approve Resolution for Fee Waiver for Pete’s of Erie, Inc. in the Development of 1003 N Main. PRESENTER(S): Kristi McClain/Ben Loring  RESOLUTION CC2021-01 RESOLUTION APPROVING COMMUNITY FINANCIAL SUPPORT, AND FEE WAIVERS TO PETE’S OF ERIE, INC. RELATED TO THE DEVELOPMENT OF 1003 N MAIN WHEREAS, Pete’s of Erie, Inc. is in/will commence the process of developing a structure at 1003 N Main, Miami, Oklahoma, to house a convenience store and gas station; and WHEREAS, the City of Miami has adopted a comprehensive plan known as Miami's Commitment to Excellence which supports a focus on strategic public investments to improve conditions, encourages appropriate infill development on vacant or dilapidated sites, and encourages the upgrade of existing properties: and WHEREAS, the planned improvements will lead to new employment and increased utility revenue for the City of Miami; and WHEREAS, the City of Miami finds it a necessary public purpose and for the public good to offer financial incentives to Pete’s of Erie, Inc. for the benefit of this project; and WHEREAS, the City Council finds that economic development is a legitimate public purpose, and one which the Oklahoma Supreme Court explicitly recognized in the case(s) of Burkhardt v. City of Enid, 1989 OK 45, and State ex rel. Brown v. City of Warr Acres, 1997 Ok 117; and WHEREAS, the City Council finds that private party development, in certain instances, promote the economic development of the City of Miami and provide direct and quantifiable economic benefits of the community generally by increasing sales tax revenues for the City of Miami, increasing utility revenues paid to the Miami Special Utility Authority, adding new jobs, retaining existing jobs, and promoting collateral economic growth and development; and WHEREAS, the City Council desires to delegate certain authority to the City Manager and/or the Trust Manager of the Miami Special Utility Authority to develop and implement agreements to waive fees for the legitimate public purpose of economic development when the same shall provide direct and quantifiable economic benefits to the community generally as described above. WHEREAS, the City of Miami has reviewed the proposed development and found it complies with the goals of the Comprehensive Plan adopted by the City of Miami. NOW THEREFORE BE IT RESOLVED that in return for the commitments herein made by Pete’s of Erie, Inc. the City of Miami and the Miami Special Utility Authority (collectively hereinafter called the “City”) will offer the following financial incentives to Pete’s of Erie, Inc.: 1. Pete’s of Erie, Inc., commits to the City, that within six months of the completion of the renovations herein contemplated that it will have on staff at the facilities herein listed: Page 1 of 4  a. With full operation, Pete’s of Erie, Inc. located at 1003 N Main will employ 14.8 employees with a total annual salary combined of approximately $430,000. b. At least this number of employees will remain on its payroll for this facility, for a continuous period of at least two years after the provisions of the preceding subparagraph go into effect. 2. In return for these commitments, the City will offer development incentives, inducements and contributions to the development of 1003 N Main: a. Waiver of building permits & inspection fees for inspection of construction. THIS IS NOT A WAIVER OF INSPECTIONS OR PERMITS and the development must comply with all city building codes and will apply for and obtain all applicable permits without fee. b. Waiver of electricity and water hookup fees associated with the construction phase of the project. c. Waiver of up to $10,000 in roll-off rental and tipping fees associated with the construction phase of the development project. BE IT FURTHER RESOLVED, it is noted that the proposed renovation is consistent with the City of Miami's downtown redevelopment strategies and comprehensive plan. Approved and passed this 4th day of January, 2021. [seal] ____________________________________ Bless Parker Mayor, City of Miami, Oklahoma ATTEST: APPROVED: ______________________________ __________________________________ City Clerk, City of Miami, Oklahoma Ben Loring, City Attorney Page 2 of 4  AGREEMENT The undersigned parties agree, subject to the formal approval of the preceding resolution, as follows: 1. The commitments set forth in the preceding resolution are true and Applicant commits itself to same. 2. The Applicant shall perform the economic development or redevelopment project described in paragraph 1 of the preceding resolution as follows: A. The project shall commence not later than: Request for bid 1st Quarter 2021. B. The project shall be completed in full not later than: End of 4th Quarter 2021. C. The City of Miami, Oklahoma, and the Miami Special Utility Authority, shall have a lien on the following described real property for the total dollar amount of the conditional fee waiver resulting from this resolution until such time that the economic development criteria described in paragraph 1 of the preceding resolution have been met. 3. In the event that the Applicant shall fail to perform the terms and conditions of this agreement, or in the event that the anticipated financial benefits to the community described and estimated in paragraph 1 of the preceding resolution are not recaptured within the time frame set out in the resolution and this agreement, then the conditions of this fee waiver resolution shall fail and the City of Miami, Oklahoma, and/or the Miami Special Utility Authority, may exercise any legal option available at law to recoup and recover from Applicant the fair market value of all incentives, inducements and contributions, together with all fee waived herein, plus costs, interest and attorney fees. 4. This is the entire agreement. This agreement may be waived only in a written instrument signed by all parties. 5. This agreement shall be governed by the laws of the State of Oklahoma and the City of Miami, Oklahoma, and the exclusive venue for any legal action taken hereunder shall be the District Court in and for Ottawa County, Oklahoma, and the Oklahoma State Appellate Courts. DATED: ______ /_______ /2021 DATED: ______ /_______ /2021 APPLICANT MAYOR OF MIAMI, OKLAHOMA _______________________________________ ________________________________ MAYOR Page 3 of 4 ATTEST: ATTEST: _______________________________________ ________________________________ SECRETARY CITY CLERK [SEAL] [SEAL] MIAMI SPECIAL UTILITY AUTHORITY ________________________________ CHAIRPERSON ATTEST: ________________________________ SECRETARY/CITY CLERK [SEAL] Page 4 of 4  MSUA ACTION/DECISION REQUEST MSUA MEETING 01/04/2021 DATE: AGENDA TITLE: Accept or Reject Contract With Paymentus for Website and Over the Phone (Interactive Voice Response) Collection of Utility Payments BACKGROUND: • We have used Official Payment Center (OPC) for utility payments on our website and over the phone since approximately 2010. They charge $5.95 per $400 transaction. Using OPC was revisited when we brought on taking credit card payments in person last December using Lockbox as our processer. We found that OPC was still cheaper than Lockbox and stayed with them for the website and over the phone service. • Staff was requested to do additional research on companies who provide this type of service. Based upon that research we recommend you approve the contract with Paymentus for website and IVR (Interactive Voice Recognition) utility payments over the phone based on the following reasons: o $5.75 per $1,000 transaction, which would result in a $6.15 reduction in fees for a $425 - $775 bill and a fee reduction of $12.10 for $800.00 - $1000 bills; o offers additional ways for our customers to pay their bills, including PayPal, Amazon Pay, Venmo, Walmart Pay; o will integrate with Incode; o has agreed to pay the initial setup and first year integration fee for a total of $3,645; and o if a kiosk is approved, Paymentus can serve as the processor for the kiosk which will bring all the payments into one batch, minimizing errors that can occur with multiple processors. • Also vetted as potential processors were Invoice-e-Cloud and Pay N Seconds who could not integrate with Incode and did not have lower fees. • Switching from OPC to Paymentus could take up to 90 days to work out the processes and integration at which time we would be educating the public. STAFFS RECOMMENDATION: Approve the contract with Paymentus. PRESENTER(S): Michael Addington/Jill Fitzgibbon  MASTER SERVICES AGREEMENT Client: Miami, Oklahoma Client Address: 129 5th Avenue NW P.O. Box 1288 Miami, OK 74355 Contact for Notices to Client: Michael Addington, Municipal Finance Manager Estimated Yearly Bills / 80,000 Invoices: This Master Services Agreement (“Agreement”) is entered into as of the date of the last of the signatures set forth below (“Effective Date”), by and between the Client identified above and Paymentus Corporation, a Delaware Corporation with a principal place of business at 13024 Ballantyne Corporate Parkway, Suite 400, Charlotte, North Carolina 28277. STATEMENT OF PURPOSE Paymentus desires to provide and Client desires to receive electronic bill payment services as more particularly described in this Agreement under the terms and conditions set forth herein. AGREEMENT In consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby covenant and agree as follows. This Agreement consists of the following documents: (i) this signature page (ii) the General Terms and Conditions; and (iii) the following Schedules: Schedule A: Paymentus Service Fee Schedule. This Agreement represents the entire agreement between the parties with respect to its subject matter, supersedes all prior written or oral agreements or understandings related to the subject matter hereof, and may be changed only by agreements in writing signed by the authorized representatives of each of the parties. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. CLIENT: By: __________________________________ By: __________________________________ NAME: _______________________________ NAME: _______________________________ TITLE: ________________________________ TITLE: ________________________________ DATE: ________________________________ DATE: ________________________________ PAYMENTUS CORPORATION: Paymentus Legal | REVISION OF 4.6.20  GENERAL TERMS AND CONDITIONS 1 Definitions: business use that results in interchange fees or other processing charges assessed by a Paymentus For the purposes of the Agreement, the following terms Authorized Processor or card payment association that and words have the meaning ascribed to them, unless the are higher than those charged for transactions with cards context clearly indicates otherwise. payment methods issued for consumer use; or (ii) a 1.1 “Agreement “or “Master Agreement” means the Payment that does not qualify for reduced interchange Master Services Agreement between the parties, as fees under programs in which is then currently amended from time to time. participating. These high-cost cards payment methods may include, among others, corporate cards, virtual 1.2 “Average Bill Amount” means the total amount of cards, purchase cards, business cards, and travel and Payments processed through Paymentus in a given entertainment cards. month divided by the number of the Payments for the same month. 1.10 “Payment” means payment by a User through the Platform for Client’s services, Client’s bills, or other 1.3 “Effective Date” means the date the last party to amounts owed to Client. execute the Agreement does so, or if the Agreement is submitted to Client for acceptance in a manner that does 1.11 “Payment Amount” means the amount of a not call for Paymentus to execute it, the date Client Payment. agrees to the Agreement. 1.12 “Paymentus Authorized Processor” means a 1.4 “Excess Payment Amount” means the amount by Paymentus authorized merchant account provider or which the total of all Payment Amounts from Non- payment processing intermediary or gateway. Qualified Transactions processed in a calendar month 1.13 “Paymentus Fee” is defined in Section 3.2. exceeds 5% of the total of the Payment Amounts of all card Payments processed that month. 1.14 “Platform” is defined in Section 2.1. 1.5 “Fee Assumptions” means information used to 1.15 “Reversed or Chargeback Transactions” means calculate the Paymentus Fee (as defined in Section 3.2), cancelled transactions due to (i) User error, (ii) a User’s including (i) the projected Average Bill Amount, (ii) the challenge to Payment authenticity, or (iii) an action by a projected payment method mix (credit vs debit vs e- financial institution or a Paymentus Authorized Processor check) and (iii) an assumption by Paymentus that the total (commonly referred to as ACH or eCheck returns or Payment Amount processed each month resulting from credit/debit card chargebacks). Non-Qualified Transactions shall not exceed five percent (5%) of the total Payment Amount of all card Payments 1.16 “Services” means the performance by processed that month. Paymentus of the payment and related services selected by Client as set forth in Schedule A and as provided in 1.6 “Initial Setup” means the first personalization and Section 2.3. activation of the standard service with respect to each channel described on Schedule A as specified during the 1.17 “User” means a user of Client’s services. implementation process. 2 Description of Services to be Performed 1.7 “IPN” or “Instant Payment Network™” means the 2.1 Scope of Services network developed by Paymentus to enable customer engagement, bill presentment and receipt of payments by When selected on Schedule A, Paymentus will provide businesses through multiple channels as enabled from Users the opportunity to view and receive bills, make time to time by Paymentus. Payments using the payment methods provided under Schedule A and other payment methods and wallets as 1.8 “Launch Date” means the date on which Client offered by Paymentus from time to time. The payment completes the introduction to Users of all Services methods and other services provided may be used within selected by Client as of the Effective Date. the channels described on Schedule A or on other 1.9 “Non-Qualified Transaction” means (i) a Payment websites or mobile/web apps or chatbots or voice made with a card or payment method generally issued for assistants that are part of the Instant Payment Network™, 2 (collectively referred to as the “Platform”). Paymentus will notice to Client if there are changes in the card or payment provide a mechanism by which Client may select system rules or changes in payment processing fees or channels and payment methods it wishes to offer Users. other events that increase the cost of processing Paymentus will be the exclusive provider to Client of transactions, such as changes in the average Payment services included in the Services. Amount, the mix of payment methods or of interchange rates applied to transactions. The amended Paymentus 2.2 Professionalism Fee will take effect 30 days after written notice to Client. Paymentus will perform in a professional manner all 4 Payment Processing Services required to be performed under the Agreement. 4.1 Integration with Client’s Billing System 2.3 New or Enhanced Services At no charge from Paymentus to Client, Paymentus will From time to time Paymentus may offer Client new or develop one (1) file format interface with Client’s billing enhanced services, such as new functionality within the system using Client’s existing text file format currently IPN, the ability to accept other payment methods, used to post payments to Client’s billing system. Client will methods of bill presentment, the ability to access be responsible to provide Paymentus with the one file alternative payment processors or other service providers format specification and will fully cooperate with or Paymentus Authorized Processors or otherwise modify Paymentus during the development of the said interface. the terms and conditions under which the Services are If Client chooses to create an automated file integration provided (“Service Enhancements”). Paymentus will process to download the posting file, due to Paymentus provide Client with notice by email to the person security requirements, Client will use Paymentus designated as provided in Section 7.2 disclosing the specified integration process. As such, the Paymentus terms, including any contracts or contract amendments, platform does and can function independent of any billing under which the Service Enhancements will be made system integration. A payment posting file can be emailed available. If the Service Enhancements will result in or downloaded from the Paymentus Agent Dashboard. If additional fees to or impose additional obligations on Client chooses to have the Paymentus platform integrated Client or Users, Client will have at least thirty (30) days with its billing system, Paymentus offers two options: after the date of the notice to opt-out of the Service Enhancements in the manner provided in the notice. If (i) Paymentus standard integration specification that Client does not opt-out, then when the Service Client can use to integrate its billing systems with Enhancements are introduced they will form part of the Paymentus platform (“Standard Integration”); or Services and Client will be bound by the additional terms as disclosed in the notice, and Schedule A will be deemed (ii) Paymentus to either customize or configure its amended to reflect changes in the Services and fees. platform to integrate with Client using file specification or APIs supported by Client’s billing system (“Client Specific 3 Compensation Integration”). 3.1 No Fee Installation If Client chooses Standard Integration, Paymentus agrees to fully cooperate with Client and provide its Paymentus will charge no fees related to the Initial Setup specification to Client. Paymentus also agrees to of standard service. participate in meetings with Client’s software vendor to 3.2 Paymentus Fee provide any information or clarifications needed to understand Standard Integration. Paymentus agrees to Client will be billed the fees as provided in Schedule A provide all integration/interface specifications within 30 (“Paymentus Fee”), unless a fee is User paid, in which days from the Effective Date. Client will take commercially case Paymentus will charge each User the Paymentus reasonable steps to develop the integration within 60 days Fee as provided in Schedule A to be collected in addition from the date on which Client has received all integration to the corresponding Payment as part of the transaction. specifications from Paymentus. Paymentus will pay the corresponding processing and related fees (“Transaction Fees”) except for fees related If Client chooses Client Specific Integration, Paymentus to Reversed or Chargeback Transactions. agrees to develop that integration at no charge from Paymentus to Client, provided however, Client agrees to The Paymentus Fee is based on the Fee Assumptions. fully cooperate with Paymentus and cause its software Client will be billed additional Paymentus Fees equal to vendors and other service providers to fully cooperate 3.5% of the Excess Payment Amount for each month with Paymentus. Client agrees to provide all during which there is an Excess Payment Amount. specifications required for Client Specific Integration. Paymentus may amend Schedule A upon prior written Client further agrees to participate in testing with 3 Paymentus and if needed, cause its billing software Enhancements are clarified as needed; b) accept vendors and other service providers to participate in Paymentus proposed reasonable alternatives to achieve testing. Client agrees to provide or make available all Client’s functional objectives within the limits of the integration/interface specifications within 30 days from Paymentus platform; and c) accept Paymentus’ the Effective Date. Paymentus will take commercially reasonable estimates of time for completion, designs and reasonable steps to develop the integration within 60 days plans with respect to agreed Enhancements. There will be from the date on which Paymentus has received all the no fee charged by Paymentus to Client for integration specifications from Client or its vendors. Enhancements, provided Paymentus designs and plans are accepted by Client. If the Services are to be offered at Parties agree that if the parties do not cooperate fully, it multiple locations, or if the Services include multiple can lead to each party being unable to perform its duties Enhancements, the parties will agree to a phased to deliver the integration in time. implementation. Based on Client’s use of the Platform and its respective 4.3 PCI Compliance modules selected under the Agreement, Paymentus will require the following integration points: To the extent that either party receives payment card information subject to the Payment Card Industry Data MODULE INTEGRATION Security Standards (“PCI-DSS”) in connection with POINT providing the Services, it will comply with all requirements One-time payment Customer Information: of the PCI-DSS with respect to storage, transmission and Module Text File or Real Time disclosure of payment card information. Payment Posting: Text File or Real Time 4.4 Explicit User Confirmation Recurring Payment Text File Paymentus will confirm the dollar amount of all Payments, Module and when paid by the User, the corresponding Paymentus E-billing Module Text File or Real-time Fee to be charged and electronically obtain the User’s for Billing Data link to billing data approval of the charges prior to initiating payment Out-bound Text File for customer authorizations transaction. Paymentus will provide User Notification- engagement messages with electronic confirmation of all transactions. Audience File 4.5 Merchant Account Each of these can be based on Standard Integration or Paymentus will arrange for Client to have a merchant Client Specific Integration. account with the Paymentus Authorized Processor for processing and settlement of transactions. The Initial Setup for the Web or IVR interface will be considered complete when the first Standard Integration 4.6 Payment Authorization. or Client Specific Integration, as applicable, is completed For authorization purposes, Paymentus will electronically such that Paymentus and Client are able to exchange files transmit all card or other payment transactions to the relevant to that interface, as contemplated in this Section appropriate processing center, in real time as the 4.1. In the event the Services are implemented without transactions occur or as provided in applicable rules. In integration, the Initial Setup will be considered complete its discretion, Paymentus may refuse to process any when a User is able to access the Platform to process a transaction that is submitted in violation of its terms of use payment. or to protect Client, Users, itself or others from potentially 4.2 Enhancements illegal, fraudulent or harmful transactions. The parties agree that the Services are provided on a 4.7 Settlement “platform as a service” basis, and not as a result of custom Paymentus together with a Paymentus Authorized software development. Paymentus’ standard Platform will Processor will forward the payment transactions, and be personalized to achieve certain additional functional when paid by User, the corresponding Paymentus Fee to requirements of Client, as clarified and agreed during the appropriate organizations for settlement (other than implementation (“Enhancements”). Enhancements may the Paymentus Fee) directly to Client’s depository bank include some or all of the features included in any account previously designated by Client (“Client Bank technical requirements or similar document provided to Account”). When Client pays the Paymentus Fee, Paymentus. The parties will fully co-operate with one Paymentus will invoice Client and debit the fees from the another to: a) ensure that requirements with respect to Client Bank Account on a monthly basis. 4 Paymentus together with the Paymentus Authorized In order for Paymentus to provide the Services outlined in Processor will continuously review its settlement and the Agreement, Client will co-operate with Paymentus by: direct debit processes for its simplicity and efficiencies. Client and Paymentus agree to fully co-operate with each (i) Entering into (and authorizing Paymentus to do other if Paymentus were to change its settlement and so on its behalf) all applicable merchant processing, cash invoicing processes. management, ACH origination, or kiosk agreements, provided that Client is given notice of and approves any 4.8 Reversed or Chargeback Transactions additional fees associated with those agreements, and providing information and consents reasonably requested With respect to all Reversed or Chargeback Transactions in connection with the agreements. Client authorizes Paymentus and Paymentus Authorized Processor (and/or the respective payment organizations) (ii) Keeping throughout the duration of the to debit the Client Bank Account for the Payment Amount Agreement during which direct payments via the web is and Paymentus will refund to the payment organization activated, a bill payment link connecting to the Paymentus for credit back to the User the corresponding Paymentus Platform at a prominent and mutually agreed location on Fee, if any. Client’s website. If the IVR channel is activated, the phone number for IVR payments will also be added to the web Paymentus together with Paymentus Authorized site and as an option as part of Client’s general phone Processor will continuously review its processes for system. Reversed or Chargeback Transactions for simplicity and efficiencies. Client and Paymentus agree to reasonably (iii) Sharing User Adoption marketing as described in co-operate with each other if Paymentus requires any Section 5.2. change to its settlement and invoicing processes for these transactions. (iv) Launching the Service within 30 days of Paymentus making the system available. 5 General Conditions of Services (v) Dedicating sufficient and properly trained 5.1 Service Reports personnel to support the implementation process and its use of the Services in compliance with all laws applicable Paymentus will provide Client with reports summarizing to its use of the Services. use of the Services by Users for a given reporting period. 5.2 User Adoption Communication by Client (vi) Providing Paymentus with the file format specification currently used to post payments to the billing Client will communicate the Services as a payment option system to allow Paymentus to provide Client with a to its customers wherever Client usually communicates its posting file for posting to Client’s billing system. other payment options. (vii) Fully cooperating with Paymentus and securing Client will make the Services known or available to its the cooperation of its software and service providers and customers by different means of customer providing the information required to integrate with communication including a) through bills, invoices and Client’s billing system. other notices; b) if direct payments have been activated, by providing IVR and Web payment details on Client’s (viii) Fully cooperating with Paymentus to integrate its website including a “Pay Now” or similar link on a mutually systems with the Paymentus Platform through the use of agreed prominent place on the web site; c) if IVR Paymentus’ APIs to enable Client’s access to the IPN, if payments have been activated, through Client’s general selected. IVR/Phone system; and d) other channels deemed appropriate by Client. 6 Indemnification and Limitation of Liability Paymentus will provide Client with logos, graphics and 6.1 Paymentus Indemnification and Hold other marketing materials for Client’s use in its Harmless communications with its customers regarding the Paymentus agrees to defend and indemnify Client and its Services and/or Paymentus. directors, officers or governing officials, or employees 5.3 Independent Contractor (collectively, the “Client Indemnitees”) from and against all liabilities, demands, losses, damages, costs or Paymentus is an independent contractor. expenses (including reasonable attorney’s fees and costs), incurred by any Client Indemnitee arising from a 5.4 Client’s Responsibilities claim or demand brought by a third party to the extent the claim or demand alleges that the Services provided under 5 this Agreement infringe the intellectual property rights of claims arising from the same circumstances; and (iii) in no the third-party. event more than the lesser of $1,000,000.00 or the Net Fees under the Agreement. 6.2 Client Indemnification and Hold Harmless 7 Term and Termination Client agrees to defend and indemnify Paymentus and its directors, officers, or employees (collectively, the 7.1 Term “Paymentus Indemnitees”) from and against all liabilities, demands, losses, damages, costs or expenses (including The term of the Agreement will commence on the reasonable attorney’s fees and costs), incurred by any Effective Date and continue for a period of 7 (seven) years Paymentus Indemnitee arising from a claim or demand (“Initial Term”) from the Launch Date. brought by a third party to the extent the claim or demand At the end of the Initial Term, the Agreement will relates to the underlying relationship or obligations of automatically renew for successive three (3) year periods Client and its Users. unless either Client or Paymentus provide the other party 6.3 Indemnification Procedure with not less than 6 (six) months prior written notice before the automatic renewal date that it elects not to The indemnified party will give the indemnifying party automatically renew the term of the Agreement. prompt written notice of any claim for which indemnification is sought. The indemnifying party will 7.2 Material Breach have the right to control the defense and settlement of any A material breach of the Agreement will be cured within claim, provided that any settlement that adversely affects 90 business days (“Cure Period”) after a party notifies the the indemnified party requires the indemnified party’s other of the breach. In the event the material breach has consent, which will not be unreasonably delayed or not been cured within the Cure Period, the non-breaching withheld. The indemnified party will not settle any claim party can terminate the Agreement by providing the other without the consent of the indemnifying party, which will party with a 30 business days’ notice. not be unreasonably delayed or withheld. 7.3 Upon Termination 6.4 Warranty Disclaimer Upon termination of the Agreement, the parties agree to Except as expressly set forth in the Agreement, cooperate with one another to ensure that all Payments Paymentus disclaims all other representations or are accounted for and all refundable transactions have warranties, express or implied, made to Client or any been completed. Upon termination, Paymentus will cease other person, including without limitation, any warranties all Services being provided hereunder unless otherwise regarding quality, suitability, merchantability, fitness, for a directed agreed in writing. particular purpose or otherwise of any services or any good provided incidental to the Services provided under 8. Use by Other Localities. the Agreement. 8.1 The parties agree that this Master Services 6.5 Limitation of Liability Agreement may be extended, with the authorization of Client, to other public entities or public agencies or Notwithstanding the foregoing, Paymentus will not be institutions of the United States (“Other Public liable for any lost profits, lost savings or other special, Customers”) to permit their use of the Master Services indirect or consequential damages, even if it has been Agreement at the same prices and/or discounts and terms advised of or could have foreseen the possibility of these and conditions of this Master Services Agreement. If any damages. In no event will Paymentus be liable for any other public entity decides to use the Master Services losses or damages resulting from the acts, omissions or Agreement, Paymentus must deal directly with that public errors of third parties or of Client or for providing entity concerning the placement of orders, issuance of the agreements, instructions or information to Users as purchase orders, contractual disputes, invoicing and instructed by Client. Paymentus’ total liability for damages payment. Client acts only as the “Contracting Agent” for for any and all actions associated with the Agreement or these public entities. It is Paymentus’ responsibility to the Services will in no event exceed (i) for an error or other notify the public entities of the availability of this Master action affecting the processing of one or more Payments, Services Agreement. Other public entities desiring to use the amount of the Paymentus Fee associated with each this Master Agreement must make their own legal Payment, (ii) for other claims, the amount of the determination as to whether the use of this Master Paymentus Fee (net of direct processing and other fees Services Agreement is consistent with their laws, paid by Paymentus) paid to Paymentus (“Net Fees”) in the regulations, and other policies. Each public entity has the six (6) months before the events given rise to the claim or option of executing a separate contract with Paymentus. 6 Public entities may add terms and conditions required by 9.7 Confidentiality statute, ordinances, and regulations, to the extent that they do not conflict with the Master Services Agreement’s Client will not for any purpose inconsistent with the General Terms and Conditions. If, when preparing such a Agreement disclose to any third party or use any contract, the general terms and conditions of the public confidential or proprietary non-public information it has entity are unacceptable to Paymentus, Paymentus may obtained during the procurement process or during the withdrawal its extension of the award to that public entity. term of the Agreement about Paymentus’ business, Client shall not be held liable for any costs or damages including the terms of the Agreement, operations, incurred by an Other Public Customer as a result of any financial condition, technology, systems, know-how, award extended to that Other Public Customer by products, services, suppliers, clients, marketing data, Paymentus. plans, and models, and personnel. Paymentus will not for any purpose inconsistent with the Agreement or its 9 Miscellaneous privacy policy in effect from time to time disclose to any third party or use any confidential User information it 9.1 Authorized Representative receives in connection with its performance of the Each party will designate an individual to act as its services. representative, with the authority to transmit instructions 9.8 Intellectual Property and receive information. The parties may from time to time designate other individuals or change the individuals. In order that Client may promote the Services and Paymentus’ role in providing the Services, Paymentus 9.2 Notices grants to Client a revocable, non-exclusive, royalty-free, All notices of any type hereunder will be in writing and sent license to use Paymentus’ logo and other service marks to the addresses indicated on the signature page, and (the “Paymentus Marks”) for this purpose only. Client except as otherwise provided in these Terms and does not have any right, title, license or interest, express Conditions will be given by certified mail or a national or implied in and to any object code, software, hardware, courier or by hand delivery. trademarks, service mark, trade name, formula, system, know-how, telephone number, telephone line, domain Notices will be considered to have been given or received name, URL, copyright image, text, script (including, on the date the notice is physically received. Any party by without limitation, any script used by Paymentus on the giving notice in the manner set forth herein may IVR or the Website) or other intellectual property right of unilaterally change the name of the person to whom Paymentus (“Paymentus Intellectual Property”). All notice is to be given or the address at which the notice is Paymentus Marks, Paymentus Intellectual Property, and to be received. the Platform and all rights therein (other than rights expressly granted herein) and goodwill pertain thereto 9.3 Interpretation belong exclusively to Paymentus. It is the intent of the parties that no portion of the 9.9 Force Majeure Agreement will be interpreted more harshly against either of the parties as the drafter. Paymentus will be excused from performing the Services to the extent its performance is delayed, impaired or 9.4 Governing Law rendered impossible by acts of God or other events that The Agreement will be governed by the laws of the state are beyond Paymentus’ reasonable control and without of Delaware, without giving effect to any principles of its fault or judgment, including without limitation, natural conflicts of law. disasters, war, terrorist acts, riots, acts of a governmental entity (in a sovereign or contractual capacity), fire, storms, 9.5 Severability quarantine restrictions, floods, explosions, labor strikes, labor walk-outs, extra-ordinary losses utilities (including If a word, sentence or paragraph herein is declared illegal, telecommunications services), external computer unenforceable, or unconstitutional, that word, sentence or “hacker” attacks, and/or delays of common carrier. paragraph will be severed from the Agreement, and the Agreement will be read as if that word, sentence or 9.10 Entire Agreement paragraph did not exist. The Agreement represents the entire agreement between 9.6 Attorney’s Fees. Should any litigation arise the parties with respect to its subject matter and concerning the Agreement between the parties hereto, supersedes all prior written or oral agreements or the parties agree to bear their own costs and attorney’s understandings related to its subject matter and except as fees. provided in the Agreement may be changed only by 7 agreements in writing signed by the authorized all of which will constitute one agreement. The Agreement representatives of the parties. and any amendment or other document related to the Agreement may be signed electronically. A photographic 9.11 Counterparts or facsimile copy of the signature evidencing a party’s The Agreement and any amendment or other document execution of the Agreement will be effective as an original related to the Agreement may be executed in signature. counterparts, each of which will constitute an original, and 8  SCHEDULE A – PAYMENTUS FEE SCHEDULE TO THE MASTER SERVICES AGREEMENT BETWEEN MIAMI, OK AND PAYMENTUS The Services will initially consist of the those indicated by a check box on the following table. The Paymentus Fee will be as specified below, and will be paid by the Client, unless designated as a User paid fee. Check to Channels Advanced Services Payment Paymentus Fee Check Select Methods & if the Channels User Channel Paid Fee ☒ Instant Payment Ebill Presentment and Customer All payment channels and $5.75 per Visa, MasterCard, Discover, American Express, ☒ Network™ Engagement methods offered credit/debit transaction; under IPN such eCheck/ACH transaction. as PayPal, Venmo, PayPal Outbound notifications include Credit ,Secure 700 phone, email and text PDF Push, notifications per month; Chatbot, additional usage Invoiced at Advanced $0.20 per message. Notification Service (ECM), Text 2 Pay, Voice Assistants, Direct Ebill Presentment Credit, Debit, $5.75 per Visa, MasterCard, ☒ Payments and Customer ACH Discover, American Express, ☒ (Web, IVR, Engagement credit/debit transaction; Recurring, eCheck/ACH transaction. Agent Assisted) Outbound notifications include 700 phone, email and text notifications per month; additional usage Invoiced at $0.20 per message. Expense to be paid by Paymentus: $3,645 integration fee for first year of service. Note: Average Bill Amount: $300.00. Maximum Amount per Payment is $1,000.00. Multiple payments may be made. Chargebacks and returned checks will be billed at $9.95 per item. 9  MIAMI SPECIAL UTILITY AUTHORITY ACTION/DECISION REQUEST MSUA January 4, 2021 MEETING DATE: AGENDA TITLE: Accept or Reject Change Order No. 3 for C19-17 With Branco Enterprises for installation of a French Drain in the Amount of $23,800.00 BACKGROUND: A Field Report by Anderson Engineering dated December 14, 2020 noted groundwater perched between the clay and pavement section could be the cause of some recent pavement failure between 3rd Ave. and the Railroad Tracks along the outside southbound lane. The field report recommends the installation of a French Drain to relieve trapped groundwater into the storm drainage system. Two 4” perforated drains will be installed in a trench filled with clean rock and wrapped in a filtration fabric, then sloped north towards and existing storm box. Branco estimates the cost for labor and equipment for the approximately 500 LF of trench will be $20,000. There is an alternate cost of $3,800 for the replacement of an existing brick inlet box in case the structure fails after the drains are installed. STAFFS RECOMMENDATION: Staff recommends approval of Change Order 3 for #C19-17 to Branco for an amount of $23,800. PRESENTER(S): Shaun McConnaughey Tyler Cline Change Order No. 3 Project: Main Street Streetscape, Miami, OK Owner: City of Miami Phase 3 (1st Street to 4th Street) Date: 12/28/2020 (of Change Order) Contractor:Branco Enterprises, Inc. Contract Date: 01/02/2021 (of Contractor's/City's Agreement) This change order is issued to authorize a change in the scope of contractual obligations and to revise the contract price in accordance thereof. The following items are hereby deducted or added to the contract: Description and Reason for Change: 1) Installation of approximately 500 LF of french drain along Main Street (3rd to 4th St North). Details for the structure / scope are attached. The City of Miami will be responsible for supplying concrete for the improvements. (A) (B) (C) (D) (E) (F) (G) CONTRACT UNITS UNITS UNITS CONTRACT AMOUNT ITEM ITEM DESCRIPTION PREVIOUSLY TO BE OVERRUN, OR AGREED OF OVERRUN NO. PROVIDED CONSTRUCTED UNDERRUN, UNIT PRICE OR UNDERRUN FOR CONTINGENT (Insert Bid # or CO # if New Item) CO#3,1 French Drain, LF (See attached detail) 0.0 500.0 500.0 $ 40.00 $ 20,000.00 Alternate #1: Replacement of Brick Inlet Box D4 Replacement Inlet Box, EA (Box and Installation) 7.0 8.0 1.0 $ 3,800.00 $ 3,800.00 Net Add/Deduct per Change Order #2 $ 23,800.00 ORIGINAL CONTRACT AMOUNT FOR ITEMS AFFECTED: $ 2,593,000.00 CONTRACT ADDITIONS FROM PREVIOUSLY APPROVED CHANGE ORDERS $ 76,287.53 CHANGE ORDER #3, NET ADD: $ 23,800.00 REVISED CONTRACT AMOUNT PER CHANGE ORDER #2: $ 2,693,087.53 The terms of Settlement outlined above are hereby agreed to. Accepted by Engineer: Accepted by Owner: Anderson Engineering, Inc. City of Miami By: By: Mark A. Stanley, PE, CFM Bless Parker, Mayor Date: 12/29/2020 Date:_____________________ Accepted by Contractor: Branco Enterprises, Inc. By: Name: Date:______________________