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AMENDED (RESOLUTION R-2770-15 HAS BEEN AMENDED AND MOVED TO THE REGULAR AGENDA)

TENTATIVE AGENDA

RAYTOWN BOARD OF ALDERMEN MAY 19, 2015

REGULAR SESSION NO. 3 RAYTOWN CITY HALL

10000 EAST 59TH STREET RAYTOWN, MISSOURI 64133

OPENING SESSION

7:00 P.M. Invocation Pledge of Allegiance Roll Call Proclamations/Presentations A Proclamation recognizing May 17-23 as EMS Week A Proclamation recognizing May 17-23 as Public Works Week

Public Comments Communication from the Mayor Communication from the City Administrator Committee Reports

LEGISLATIVE SESSION

1. CONSENT AGENDA

All matters listed under the Consent Agenda are considered to be routine by the Board of Aldermen and will be enacted by one motion without separate discussion or debate. The Mayor or a member of the Board of Aldermen may request that any item be removed from the consent agenda. If there is no objection by the remaining members of the board, such item will be removed from the consent agenda and considered separately. If there is an objection, the item may only be removed by a motion and vote of the board.

Approval of the Regular May 5, 2015 Board of Aldermen meeting minutes.

R-2771-15: A RESOLUTION AUTHORIZING AND APPROVING THE APPOINTMENT OF LARRY JACKSON TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS’ RETIREMENT FUND. Point of Contact: Teresa Henry, City Clerk. R-2772-15: A RESOLUTION AUTHORIZING AND APPROVING THE REAPPOINTMENT OF STEVE KNABE TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS’ RETIREMENT FUND. Point of Contact: Teresa Henry, City Clerk. R-2773-15: A RESOLUTION AUTHORIZING AND APPROVING THE REAPPOINTMENT OF JOHN NESS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS’ RETIREMENT FUND. Point of Contact: Teresa Henry, City Clerk.

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REGULAR AGENDA

2. AMENDED R-2770-15: A RESOLUTION AUTHORIZING AND APPROVING THE APPOINTMENT OF

STEVE MEYERS TO THE PLANNING & ZONING COMMISSION. Point of Contact: Teresa Henry, City Clerk.

3. R-2774-15: A RESOLUTION APPROVING AN AMENDED FORMAL AND COMPREHENSIVE

SCHEDULE OF FEES AND CHARGES FOR THE CITY OF RAYTOWN, MISSOURI. Point of Contact: Mark Loughry, Acting City Administrator/Finance Director.

4. R-2766-15: A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH ETS

CORPORATION FOR CREDIT CARD PROCESSING SERVICES. Point of Contact: Mark Loughry, Acting City Administrator/Finance Director.

5. R-2775-15: A RESOLUTION AMENDING THE FISCAL YEAR 2014-2015 BUDGET RELATED TO

SALT PURCHASES. Point of Contact: Jim Melvin, Interim Public Works Director.

6. R-2776-15: A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF FUEL FROM MAHER OIL COMPANY WITHIN BUDGETED AMOUNTS FOR THE FISCAL YEAR 2014-2015 OFF THE CITY OF OLATHE, KANSAS COOPERATIVE PURCHASE CONTRACT. Point of Contact: Jim Melvin, Interim Public Works Director.

7. R-2777-15: A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF EQUIPMENT

FROM K.C. BOBCAT UTILIZING THE STATE OF MISSOURI CONTRACT IN AN AMOUNT NOT TO EXCEED $27,941.17 FOR FISCAL YEAR 2014-2015. Point of Contact: Jim Melvin, Interim Public Works Director.

8. R-2778-15: A RESOLUTION AUTHORIZING AND APPROVING THE EXPENDITURE OF FUNDS TO

FUEL CONVERSION SOLUTIONS LLC RELATED TO THE 2015 FUEL CONVERSION PROJECT IN AN AMOUNT NOT TO EXCEED $35,000.00. Point of Contact: Jim Melvin, Public Works Director.

9. R-2779-15: A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN

AGREEMENT WITH RAYTOWN ANIMAL HOSPITAL, INC. FOR VETERINARY SERVICES ASSOCIATED WITH ANIMAL CONTROL IN EXCESS OF $15,000.00 BUT WITHIN BUDGETED AMOUNTS FOR FISCAL YEAR 2014-2015. Point of Contact: John Benson, Development and Public Affairs Director.

10. R-2780-15: A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN

AGREEMENT WITH RAYTOWN ANIMAL HOSPITAL, INC. FOR ANIMAL BOARDING SERVICES ASSOCIATED WITH ANIMAL CONTROL IN EXCESS OF $15,000.00 BUT WITHIN BUDGETED AMOUNTS FOR FISCAL YEAR 2014-2015. Point of Contact: John Benson, Development and Public Affairs Director.

11. R-2781-15: A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH K & S

ASSOCIATES FOR MOWING AND NUISANCE ABATEMENT SERVICES IN THE CITY OF RAYTOWN, MISSOURI UTILIZING THE CITY OF INDEPENDENCE, MISSOURI COOPERATIVE PURCHASE CONTRACT. Point of Contact: John Benson, Development and Public Affairs Director.

12. R-2782-15: A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH

AFFORDABLE LAWN CARE FOR MOWING AND NUISANCE ABATEMENT SERVICES IN THE CITY OF RAYTOWN, MISSOURI UTILIZING THE CITY OF LEE’S SUMMIT, MISSOURI COOPERATIVE PURCHASE CONTRACT. Point of Contact: John Benson, Development and Public Affairs Director.

ADJOURNMENT

Next Ordinance No. 5517-15

PROCLAMATION

WHEREAS, in 1973, President Gerald Ford authorized EMS Week to celebrate EMS, its practitioners and the important work they do responding to medical emergencies; and

WHEREAS, a lot has changed over the last four decades. EMS is now firmly

established as a key component of the medical care continuum, and the important role of EMS practitioners in saving lives from sudden cardiac arrest and trauma; in getting people to the hospitals best equipped to treat heart attacks and strokes; and in showing caring and compassion to their patients in their most difficult moments; and

WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to

provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival

and recovery rate of those who experience sudden illness or injury; and WHEREAS, the members of emergency medical services teams engage in

thousands of hours of specialized training and continuing education to enhance their life-saving skills; and

WHEREAS, it is appropriate to recognize the value and the accomplishments of

emergency medical services providers by designating Emergency Medical Services Week.

THEREFORE, I, Mayor Michael McDonough, in recognition of this event do

hereby proclaim the week of May 17-23, 2015 as

EMERGENCY MEDICAL SERVICES WEEK

With the theme, EMS STRONG, I encourage the community to observe this week with appropriate programs, ceremonies and activities. Signed this Nineteenth Day of May, Two Thousand and Fifteen. Michael McDonough, Mayor

PROCLAMATION

WHEREAS, Public Work services provided in our community are an important

part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the

efficient operation of Public Works systems and programs such as water, sewers and streets; and

WHEREAS, the health, safety and comfort of our City depends on these

services; and WHEREAS, it is in the public interest for the citizens and leaders to gain

knowledge of and maintain a progressive interest in the importance of Public Works and Public Works programs in our community; and

WHEREAS, the year 2015 marks the 55th Annual National Public Works Week

sponsored by the American Public Works Association. NOW THEREFORE, I, Mayor Michael McDonough, in recognition of this event

do hereby proclaim the week of May 17-23, 2015 as

PUBLIC WORKS WEEK

in the City of Raytown and encourage the community to join me in this worthy observance with appropriate programs, ceremonies and activities. Signed this Nineteenth Day of May, Two Thousand and Fifteen.

______________________________ Michael McDonough, Mayor

Board of Aldermen Page 1 of 4 May 5, 2015

DRAFT MINUTES

RAYTOWN BOARD OF ALDERMEN MAY 5, 2015

REGULAR SESSION NO. 2 RAYTOWN CITY HALL

10000 EAST 59TH STREET RAYTOWN, MISSOURI 64133

OPENING SESSION

7:00 P.M. Mayor Michael McDonough called the May 5, 2015 meeting to order at 7:00 p.m. Dorinda Nicholson, Church of Jesus Christ of Latter-day Saints, provided the invocation and led the pledge of allegiance. Roll Call The roll was called and the attendance was as follows: Present: Alderman Karen Black, Alderman Josh Greene, Alderman Jim Aziere, Alderman Jason Greene, Alderman Janet Emerson, Alderman Mark Moore, Alderman Steve Meyers, Alderman Bill Van Buskirk, Alderman Steve Mock, Alderman Eric Teeman Proclamations/Presentations Mayor Michael McDonough presented Eric Brunch, Director of Education and Co-Founder of Bike Walk KC, a proclamation recognizing the month of May as Bike Month. Public Comments Paul Davidson spoke regarding Codes Enforcement within the City of Raytown. Terry Copeland spoke regarding Parks and Recreation. Communication from the Mayor Mayor McDonough announced he was working on appointments to City committees and commissions. Communication from the City Administrator Mahesh Sharma, City Administrator announced the Mayor’s Prayer Breakfast was scheduled for May 7, 2015 at First Baptist of Raytown. Mr. Sharma announced that Raytown EMS is planning to host a blood drive on May 29, 2015 at 10020 E. 66th Terrace. Residents may call 737-6030 for more information and to schedule an appointment to donate blood. Mr. Sharma reported the ribbon cutting for Hertz Rental was well attended and that NewZ Room Café’s ribbon cutting is scheduled for May 14, 2015. Committee Reports

Alderman Mock announced the Senior Expo was scheduled for May 7, 2015. The expo will be held in the Council Chambers from 9:00 a.m. to Noon.


STUDY SESSION

(2 Items)

2013-2014 Audit Presentation Cochran Head and Vick

Mark Loughry, Finance Director

Schedule of Fees Brenda Gustafson, Public Information Officer

LEGISLATIVE SESSION

1. CONSENT AGENDA

All matters listed under the Consent Agenda are considered to be routine by the Board of Aldermen and will be enacted by one motion without separate discussion or debate. The Mayor or a member of the Board of Aldermen may request that any item be removed from the consent agenda. If there is no objection by the remaining members of the board, such item will be removed from the consent agenda and considered separately. If there is an objection, the item may only be removed by a motion and vote of the board.

Approval of the Regular April 21, 2015 Board of Aldermen meeting minutes.

R-2764-15: A RESOLUTION AUTHORIZING AND APPROVING THE APPOINTMENT OF MICHAEL LIGHTFOOT TO THE PLANNING & ZONING COMMISSION. Point of Contact: Teresa Henry, City Clerk.

Alderman Mock, seconded by Alderman Josh Greene, made a motion to approve the consent agenda. The motion was approved by a vote of 10-0. Ayes: Aldermen Mock, Josh Greene, Teeman, Van Buskirk, Meyers, Moore, Emerson, Jason Greene, Aziere, Black Nays: None REGULAR AGENDA

2. R-2765-15: A RESOLUTION APPROVING AN AMENDED FORMAL AND COMPREHENSIVE

SCHEDULE OF FEES AND CHARGES FOR THE CITY OF RAYTOWN, MISSOURI. Point of Contact: Brenda Gustafson, Public Information Officer.

The resolution was read by title only by Teresa Henry, City Clerk. Brenda Gustafson, Public Information Officer, provided the Staff Report and remained available for discussion. Discussion included catching Raytown fees up with State Alcohol fees, thanking Mark Loughry for explanation of credit card fees, thanking Brenda Gustafson for providing explanation of fees and suggesting to staff to separate specific proposed fees into separate resolutions. Alderman Van Buskirk made a motion to amend resolution so that it would not waive fees for Farmers Market. The motion failed due to lack of a second. Alderman Aziere, seconded by Alderman Josh Greene made a motion to adopt. The motion failed by a vote of 4-6. Ayes: Aldermen Aziere, Josh Greene, Emerson, Mock Nays: Aldermen Jason Greene, Moore, Van Buskirk, Teeman, Black, Meyers


3. R-2766-15: A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH ETS CORPORATION FOR CREDIT CARD PROCESSING SERVICES. Point of Contact: Mark Loughry, Finance Director.

The resolution was read by title only by Teresa Henry, City Clerk. Alderman Josh Greene, seconded by Alderman Teeman made a motion to table this item to date certain of May 19, 2015. Motion approved by a vote of 10-0. Ayes: Aldermen Josh Greene, Teeman, Mock, Moore, Jason Greene, Van Buskirk, Black, Aziere, Emerson, Meyers Nays: None

4. R-2767-15: A RESOLUTION AMENDING THE FISCAL YEAR 2014-2015 BUDGET RELATED TO

PARKS AND RECREATION CAPITAL IMPROVEMENTS. Point of Contact: Kevin Boji, Parks and Recreation Director.

The resolution was read by title only by Teresa Henry, City Clerk. Mark Loughry, Finance Director, provided the Staff Report and remained available for discussion. Discussion included explanation why Special Sales Tax Oversight Committee tabled the item, if a resolution was passed granting $80,000.00 to Parks and & Recreation, alternatives to where money for repairs would come from, clarification of pool opening date, brief overview of fixes/repairs completed on the pool, justification why $80,000.00 should come from the General Fund, Parks utilizing reserve money to pay for repairs needed at Super Splash, explanation of why some Aldermen would be abstaining during the vote, explanation of how much money Parks has available in their reserve and that the Board should consider what the community wants regarding Super Splash. Alderman Van Buskirk, seconded by Alderman Aziere made a motion to amend resolution granting Super Splash up to $80,000.00 from the General Fund for repairs during current Fiscal Year. The motion to amend was approved by a vote of 7-0-3. Ayes: Aldermen Van Buskirk, Aziere, Josh Greene, Teeman, Mock, Black, Meyers Nays: None Abstain: Aldermen Jason Greene, Moore, Emerson Alderman Van Buskirk, seconded by Alderman Aziere made a motion to adopt. The motion was approved by a vote of 7-0-3. Ayes: Aldermen Van Buskirk, Aziere, Meyers, Josh Greene, Mock, Black, Teeman Nays: None Abstain: Aldermen Jason Greene, Emerson, Moore 5. R-2768-15: A RESOLUTION AUTHORIZING AND APPROVING CHANGE ORDER NO. 1 TO THE

AGREEMENT BY AND BETWEEN THE CITY OF RAYTOWN AND SPLASHTACULAR FOR THE WATERSLIDE MAINTENANCE AND REPAIR PROJECT AT SUPER SPLASH USA. Point of Contact: Kevin Boji, Parks and Recreation Director.

The resolution was read by title only by Teresa Henry, City Clerk. Kevin Boji, Parks and Recreation Director and Kyle Reiger, SplashTacular representative, provided the Staff Report and remained available for discussion. Discussion included who measured the slides, why the contractor did not measure the slides, where specifications for the bid came from, if “as builds” were provided to the contractor, specifications from prior bids, proposed cost of change order should be split with City and contractor, where contractors are from and whether or not contractors should have been given slide length approximations instead of specifics.


Alderman Mock, seconded by Alderman Meyers made a motion to amend amount of change order to $5,250.00. The motion failed by a vote of 3-7. Ayes: Aldermen Mock, Meyers, Van Buskirk Nays: Emerson, Moore, Black, Jason Greene, Josh Greene, Aziere, Teeman Alderman Emerson, seconded by Alderman Josh Greene made a motion to adopt. The motion failed by a vote of 4-6. Ayes: Aldermen Emerson, Josh Greene, Van Buskirk, Aziere Nays: Aldermen Moore, Black, Meyers, Jason Greene, Teeman, Mock 6. R-2769-15: A RESOLUTION AMENDING THE FISCAL YEAR 2014-2015 BUDGET RELATED TO

CAPITAL EXPENDITURES. Point of Contact: Jim Melvin, Interim Public Works Director. The resolution was read by title only by Teresa Henry, City Clerk. Jim Melvin, Interim Public Works Director, provided the Staff Report and remained available for discussion. Alderman Jason Greene stepped away from the dais Alderman Mock stepped away from the dais. Alderman Emerson, seconded by Alderman Van Buskirk made a motion to adopt. The motion was approved by a vote of 8-0-2. Ayes: Aldermen Emerson, Van Buskirk, Meyers, Josh Greene, Moore, Aziere, Black, Teeman Nays: None Absent: Aldermen Jason Greene, Mock Alderman Jason Greene and Alderman Mock returned to the dais. ADJOURNMENT Alderman Josh Greene, seconded by Alderman Teeman made a motion to adjourn. The motion was approved by a majority of those present. The meeting adjourned at 9:52 p.m. _____________________________ Teresa M. Henry, MRCC City Clerk

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CITY OF RAYTOWN Request for Board Action

Date: May 13, 2015 Resolution No.: R-2771-15 To: Mayor and Board of Aldermen From: Teresa Henry, City Clerk Department Head Approval: City Administrator Approval:

Action Requested: The appointment of Larry Jackson to the Board of Trustees for the Police Officer’s Retirement Fund Pension Plan filling a vacant and unexpired term with a term expiring May 1, 2018. Recommendation: Approve the appointment. Analysis: The Police Officers Retirement Fund Pension Plan was established pursuant to Ordinance 101 in 1966 and is administered in accordance and updated by Restatement of the plan approved by Ordinance 5300-08, 5378-10, 5417-11, 5443-12, 5482-13 and 5499-14. The plan provides for the appointment of three (3) citizen members appointed by the Mayor with the approval of the Board of Aldermen. The Chief of Police and the Mayor also serve on the Board of Trustees. The term of the members is for three (3) years and the terms are required to be staggered to provide consistent and experienced leadership. Citizen members appointed to the Board of Trustees are required to be a qualified and responsible citizen of the City with an established reputation for fiscal integrity. Alternatives: Deny the appointment.

RESOLUTION NO.: R-2771-15

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A RESOLUTION AUTHORIZING AND APPROVING THE APPOINTMENT OF LARRY JACKSON TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS’ RETIREMENT FUND

WHEREAS, the Police Officers Retirement Fund Pension Plan was established pursuant to Ordinance 101 in 1966 and is administered in accordance and updated by Restatement of the plan approved by Ordinance 5300-08, 5378-10, 5417-11, 5443-12, 5482-13 and 5499-14;

WHEREAS, the plan provides for the appointment of three (3) citizen members appointed by the Mayor with the approval of the Board of Alderman along with the Chief of Police and the Mayor (or his delegate) who also serve on the Board of Trustees; and

WHEREAS, the term of the member is for three (3) years and the terms are required to

be staggered to provide consistent and experienced leadership; and WHEREAS, a vacancy currently exists on the Police Officers’ Retirement Fund Pension

Plan Board of Trustees and the Mayor desires to appoint Larry Jackson to fill a vacancy and fulfill the remainder of a three-year term expiring May 1, 2018 or until a successor is duly appointed; and

WHEREAS, the Board of Aldermen find it is in the best interest of the City to approve such

appointment; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE

CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT Larry Jackson, 11307 E. 61st Terrace, Raytown, Missouri, is hereby appointed as a member of the Police Officer’s Retirement Fund Pension Plan Board of Trustees by the Mayor and approved by the Board of Aldermen to fill an unexpired three-year term ending May 1, 2018 or until a successor is duly appointed; FURTHER THAT this resolution shall be in full force and effect from and after the date of its passage and approval and any resolutions in conflict herewith are hereby superseded.

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: Approved as to Form: ____________________________ ________________________________ Teresa M. Henry, City Clerk Joe Willerth, City Attorney

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Date: May 13, 2015 Resolution No. R-2772-15 To: Mayor and Board of Aldermen From: Teresa Henry, City Clerk Department Head Approval: City Administrator Approval:

Action Requested: Reappointment of Steve Knabe to the Board of Trustees for the Police Officers’ Retirement Fund Pension Plan with a term expiring May 1, 2016. Recommendation: Approve the reappointment. Analysis: The Police Officers’ Retirement Fund Pension Plan was established in 1966 pursuant to Ordinance 101 and subsequently updated by Restatement of the Plan approved by Ordinance 5300-08 adopted in October 2008. The plan provides for the appointment of three (3) citizen members appointed by the Mayor with the approval of the Board of Aldermen. The Chief of Police and the Mayor also serve on the Board of Trustees. The term of the members is for three (3) years and the terms are required to be staggered to provide consistent and experienced leadership. Citizen members appointed to the Board of Trustees are required to be a qualified and responsible citizen of the City with an established reputation for fiscal integrity. Alternatives: Deny the reappointment.


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A RESOLUTION AUTHORIZING AND APPROVING THE REAPPOINTMENT OF STEVE KNABE TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS’ RETIREMENT FUND WHEREAS, the Police Officers’ Retirement Fund Pension Plan was established pursuant to Ordinance 101 in 1966 and subsequently updated by Restatement of the Plan approved by Ordinance 5300-08 adopted in October 2008;

WHEREAS, the plan provides for the appointment of three (3) citizen members appointed by the Mayor with the approval of the Board of Aldermen along with the Chief of Police and the Mayor (or his delegate) who also serve on the Board of Trustees; and

WHEREAS, the term of the members is for three (3) years and the terms are required to

be staggered to provide consistent and experienced leadership; and WHEREAS, the term of Steve Knabe expired on September 5, 2013 or at such time as a

successor is duly appointed; and WHEREAS, the Mayor desires to reappoint Steve Knabe as a member of the Board of

Trustees of the Police Officers’ Retirement Fund to a term expiring May 1, 2016; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to approve such


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT Steve Knabe, 5756 Blue Ridge Boulevard, Raytown, Missouri, is hereby reappointed as a member of the Board of Trustees of the Police Officers’ Retirement Fund by the Mayor and approved by the Board of Aldermen for a term ending May 1, 2016 or until a successor is duly appointed; FURTHER THAT this resolution shall be in full force and effect from and after the date of its passage and approval and any resolutions in conflict herewith are hereby superseded. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: ____________________________ Teresa M. Henry, City Clerk Approved as to Form: ________________________________ Joe Willerth, City Attorney

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Date: May 13, 2015 Resolution No.: R-2773-15 To: Mayor and Board of Aldermen From: Teresa Henry, City Clerk Department Head Approval: City Administrator Approval:

Action Requested: Reappointment of John Ness to the Board of Trustees for the Police Officer’s Retirement Fund Pension Plan with a term expiring May 1, 2017. Recommendation: Approve the reappointment. Analysis: The Police Officers’ Retirement Fund Pension Plan was established in 1966 pursuant to Ordinance 101 and subsequently updated by Restatement of the Plan approved by Ordinance 5300-08 adopted in October 2008. The plan provides for the appointment of three (3) citizen members appointed by the Mayor with the approval of the Board of Aldermen. The Chief of Police and the Mayor also serve on the Board of Trustees. The term of the members is for three (3) years and the terms are required to be staggered to provide consistent and experienced leadership. Citizen members appointed to the Board of Trustees are required to be a qualified and responsible citizen of the City with an established reputation for fiscal integrity. Alternatives: Deny the reappointment.


A RESOLUTION AUTHORIZING AND APPROVING THE REAPPOINTMENT OF JOHN NESS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS’ RETIREMENT FUND WHEREAS, the Police Officers’ Retirement Fund Pension Plan was established pursuant to Ordinance 101 in 1966 and subsequently updated by Restatement of the Plan approved by Ordinance 5300-08 adopted in October 2008;

WHEREAS, the plan provides for the appointment of three (3) citizen members appointed by the Mayor with the approval of the Board of Aldermen along with the Chief of Police and the Mayor (or his delegate) who also serve on the Board of Trustees; and

WHEREAS, the term of the members is for three (3) years and the terms are required to

be staggered to provide consistent and experienced leadership; and WHEREAS, the term of John Ness expired on May 1, 2014 or at such time as a

successor is duly appointed; and WHEREAS, the Mayor desires to reappoint John Ness as a member of the Board of

Trustees of the Police Officers’ Retirement Fund to a term expiring May 1, 2017; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to approve such


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT John Ness, 6323 Farley Avenue, Raytown, Missouri, Missouri, is hereby reappointed as a member of the Board of Trustees of the Police Officers’ Retirement Fund by the Mayor and approved by the Board of Aldermen for a term ending May 1, 2017 or until a successor is duly appointed; FURTHER THAT this resolution shall be in full force and effect from and after the date of its passage and approval and any resolutions in conflict herewith are hereby superseded. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: ____________________________ Teresa M. Henry, City Clerk Approved as to Form: ________________________________ Joe Willerth, City Attorney

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Date: May 13, 2015 AMENDED Resolution No.: R-2770-15 To: Mayor and Board of Aldermen From: Teresa Henry, City Clerk Department Head Approval: City Administrator Approval:

Action Requested: Approve a resolution appointing Steve Meyers to the Planning & Zoning Commission. Analysis: The Raytown Zoning Ordinance calls for the City to have a Planning & Zoning Commission that has the following powers to:

1. Prepare a zoning plan for the regulation of the height, area, bulk, location and use of private, nonprofit and public structures and premises, and of population density; and

2. Make and adopt a comprehensive plan for the physical development of the City. The Planning & Zoning Commission consists of nine (9) members all of whom must be residents of Raytown. A member of the Board of Aldermen may also be chosen to serve on the Planning & Zoning Commission and since Aldermen Meyers was a member of the Planning & Zoning Commission prior to the April 2015 election; he would like to serve in that capacity. Mr. Meyers unexpired term was filled by Michael Lightfoot at the May 5, 2015 Board of Aldermen meeting. Each of the members of the Planning & Zoning Commission are appointed by the Mayor and approved by the Board of Aldermen. Members serve staggered four-year terms. If the Board of Aldermen choose to have a member of the Board of Aldermen serve on the Planning & Zoning Commission; the Board of Aldermen choose that member. Alternatives: Appoint someone else or appoint no one.

AMENDED RESOLUTION NO.: R-2770-15

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A RESOLUTION AUTHORIZING AND APPROVING THE APPOINTMENT OF STEVE MEYERS TO THE PLANNING & ZONING COMMISSION WHEREAS, the Raytown Planning & Zoning Commission was established pursuant to Ordinance 139 which provides for the appointment of nine (9) Planning & Zoning Commission members appointed by the Mayor with the approval of the Board of Aldermen; and

WHEREAS, the Board of Aldermen desire to appoint Alderman Steve Meyers to the Planning & Zoning Commission; and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE

CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT Steve Meyers, 7804 Woodson, Raytown Missouri; is hereby appointed as a member of the Planning & Zoning Commission until a successor is duly appointed; and

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 19th day May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: ____________________________ Teresa M. Henry, City Clerk Approved as to Form: __________________________________ Joe Willerth, City Attorney


Date: May 13, 2015 Resolution No: R-2774-15 To: Mayor and Board of Aldermen From: Mark Loughry, Acting City Administrator/Finance Director Department Head Approval: Finance Director Approval: ________________________ (only needed if fiscal impact)

City Administrator Approval:

Action Requested: Approve a Resolution amending the Schedule of Fees for the City of Raytown. Analysis: The attached Schedule of Fees establishes the fees associated with Credit Card Payments. The fees collected help to cover all or a portion of the cost incurred by the City. Staff is proposing that the Schedule of Fees be amended by adding the following: Credit Card Payment Fees:

• Credit Card Surcharge Fee: 2.5% of transaction amount.

This fee will be charged to persons using a credit card to make a payment in person at City Hall or over the phone. The percent charged will cover the costs charged to the City by the credit card intermediary that processes the credit card payment.

• On-Line Credit Card Convenience Fee: $3.00.

This is a fee charged to a customer for a credit card payment taken through the City’s website. The ability for customers to make an on-line payment on the City’s web site is a new feature being provided by the City as part of the City’s new web site. The fee amount charged will help cover costs charged to the City by the credit card intermediary that processes the credit card payment.

Alternatives: Modify the proposed fees or not approve the resolution and leave the current schedule of fees in place. Fiscal Impact: The fees collected help to cover all or a portion of the cost incurred by the City. Budgetary Impact: The amended fee schedule will result in increased revenue to the City that will help pay for costs incurred by the City.

Additional Reports: Schedule of Fees


A RESOLUTION APPROVING AN AMENDED FORMAL AND COMPREHENSIVE SCHEDULE OF FEES AND CHARGES FOR THE CITY OF RAYTOWN, MISSOURI WHEREAS, amending a formal Schedule of Fees and Charges by the City is desirable to achieve fiscal stability in obtaining the City’s overall policy goals and objectives; and WHEREAS, the Board of Aldermen find it in the best interest of the citizens of the City of Raytown to adopt an amended formal and comprehensive Schedule of Fees and Charges set forth in Exhibit “A” attached hereto;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS:

THAT the formal and comprehensive Schedule of Fees and Charges set forth in Exhibit “A” attached hereto and made a part hereof by reference is hereby approved and adopted.

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor

of the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: _______________________________ Teresa M. Henry, City Clerk Approved as to Form: _________________________________ Joe Willerth, City Attorney

Page 1 of 5

The Items in BOLD are only listed here for informational purposes. They are handled by a separate process for approval.

TYPES OF FEES CURRENT FEES

Development and Public AffairsBuilding Permits $25.00 basic fee, plus $5.00 per $1,000.00 valuation

or fraction thereof.

Building Re-Inspection Fee After the 3rd inspection for the same permit, the City will charge $30.00/hr.

After Hours Inspection Fee (after 4:30 pm Weekdays and all day on the weekend) $45.00/hr.

Plumbing Permit

$0 - $500: $25.00$500 - $1000: $35.00

$1001 - $5000: $50.00>$5001: $50.00 + $5 for each $1000

Mechanical Permit

$0 - $500: $25.00$500 - $1000: $35.00

$1001 - $5000: $50.00>$5001: $50.00 + $5 for each $1000

Electrical Permit

$0 - $500: $25.00$500 - $1000: $35.00

$1001 - $5000: $50.00>$5001: $50.00 + $5 for each $1000

Demolition Permit

0-500 sq. ft.: $50.00501 - 1000 sq. ft.: $200.00

1001 - 5000 sq. ft.: $400.00 > 5001: $600.00

Construction Plan Review Fee (building plans not site plans)

25% of the total building permit fee charged only for projects valued in excess of $150,000.00

Appeal of Administration Decision $150.00 New Sign Permit $125.00Change Copy/New Sign Face $30.00Temporary Signs Banners & Portable $50.00Preliminary Plats $250 + $3/lot Final Plats $100 + $3/lot Lot Split/Combination $100.00Conditional Use Permit $250.00 Rezoning $250.00 Site/Development Plan - Staff Review (Residential or Commercial) $200.00

CITY OF RAYTOWNSCHEDULE OF FEES AND CHARGES

AMENDED EFFECTIVE May 19, 2015- SUPERCEDES ALL OTHER SCHEDULES OF CHARGES

Page 2 of 5


Appeal of Highway 350 Design Standards $250.00 Traffic Study $500.00 Property Maintenance and Animal Code Enforcement:Register Vacant or Abandoned Property FREEAdministrative Fee for Abatement of Tall/Grass/Weeds or other Nuisances $75.00

City Animal License Tag Unaltered Animal - $15 per year

Altered Animal - $5 per yearLate Fee (30 days) additional $10.00

1st impound - $30.002nd impound - $60.00

3rd and subsequent impound(s) - $120.00Rabies Vaccination As Charged by ProviderDaily Board for Impounded Animal As Charged by ProviderDaily Rabies Observation As Charged by ProviderEuthanasia As Charged by ProviderMedical Examination by Veterinarian As Charged by ProviderMicrochip As Charged by ProviderOther veterinarian services as needed As Charged by ProviderEmergency Medical Service:Advanced Life Support (1) Resident: $1036.00 Non-Resident: $1176.00

Advanced Life Support (2) Resident: $1435.00 Non-Resident: $1575.00

Basic Life Support Resident: $805.00 Non-Resident: $910.00Advanced Life Support TreatmentNo Transport Resident: $400.00 Non-Resident: $500.00

Mileage $19.00/a loaded mileEMT Academy Fees $900.00 EMT Academy Refresher Fees $175.00 City Clerk:

Candidate Filing FeeMayor: $50 .00

Collector, Marshal, Municipal Judge: $35.00 Alderman: $25.00

Special Event Permit $25.00 Solicitors Permit Application Fee $75.00/90 daysSolicitors Permit - Per Individual $25.00/90 daysFinance/Business License:Non-Sufficient Funds Fee $35/per occurrenceAdult Entertainment Employee Permit Fee $10.00Massage Establishment License $100 ($50 renewal)Duplicate Business License Printing Fee $5.00 Duplicate Jackson County Tax Receipt $5.00 Credit Card Surcharge 2.5% of transaction amountOn-Line Credit Card Convenience Fee $3.00

Development and Public Affairs (Con't):

Page 3 of 5


Finance/Business License (Con't):Security Deposit $100.00 Same Day Reconnection FeeAfter 3PM ConnectionMeter Pull or Lock OffSecond Trip FeeBusiness License Transfer/ Change of Address Fee $10.00

Business License (Non Gross Receipt)

Heavy Construction/Contractors/ Developers/Builders: $100.00All Other Occupations: $50.00

Vending Machines: $5.00/machine Banks: $20.00/ $1 million average deposits

$0 - 5,000: $25.00 $5,001 - $50,000: $35.00

$50,001 - $70,000: $40.00$70,001 - $90,001: $45.00

$90,001 - $100,000: $50.00$100,001 - $120,000: $60.00 $120,001 - $140,000: $70.00$140,001 - $160,000: $80.00$160,001 - $180,000: $90.00

$180,001 - $200,000: $100.00

Any Business over $200,000.00- in annual gross receipts will calculate an additional $.50/$1,000.00 Example Gross Receipts of $385,000.00 would be

($100+(185,000/1000)*.50)=$192.50 Any Business over $500,000.00 in annual gross receipts will calculate an additional $.30/$1,000.00 Example

Gross Receipts of $685,000.00 would be ($250+(185,000/1000)*.30)=$305.50

Liquor Control:Full original package sales $150.00 Full original package sales-Sunday $100.00 Full Sales by the drink $450.00 Full Sales by the drink-Sunday $100.00 Full Sales by the drink - substantial quantities of food - (at least 50% of gross income or $275,000 in food sales)

$450.00

Malt liquor original package sales $75.00 Malt liquor sales by the drink $75.00

These charges are passed on from the water company supplying water to the address. Please check with your water company for

their current rates.

Business License (Gross Receipt)

Page 4 of 5


Liquor Control (Con't):Malt liquor sales by the drink - substantial quantities of food - (at least 50% of gross income or $275,000 in food sales)

$75.00

Manufacture's license for manufacture of alcoholic beverage not in excess of 22% alcohol by weight

$150.00

Manufacture's license for manufacture of alcoholic beverages of all kinds $675.00

Manufacture's license for manufacture of malt liquor $375.00

Retail selling of beer and wine only by the drink, or in the original package (weekdays) $75.00

Wholesaler's license for sale of alcoholic beverage not in excess of 22% alcohol by weight

$150.00

Wholesaler's license for sale of alcoholic beverage of all kinds $375.00

Wholesaler's license for sale of malt liquor $90.00 Liquor Transfer Application Fee $35.00 Change of Ownership Fee $35.00 Public Works:Construction Plan Review 1.25% of constuction value

Maps11x17 (or smaller):$2.00

36 x 24 to 11 x 17: $4.50Larger than 36 x 24: $10.00

Sewer Service Connection Point Locate $105.00/locatePrivate Sanitary Sewer Lateral Locate $195.00/locateResearch Sewer Maintenance $50.00 for 2hours; $25.00 each additionalPublic Infrastructure Construction Permit 5% of construction valueName Street Signs Number of letters: $65.00 for 2 signsSign Installation $93.00/ postRight of Way Administrative Fee $75.00

Residential Street: $8.50Collector Street: $10.50

Arterial Street: $12.50Street Age (0-8 Years) factor of .75

Street Age (9-15 Years) factor of .50Street Age (16-25 Years) factor of .25Overlay Age (0-2 Years) factor of .75Overlay Age (3-4 Years) factor of .50Overlay Age (5-6 Years) factor of .25

Degradation Fee for a Non-Overplayed Street: (Street Age Factor * Street Cost * area of influence)

Degradation Fee for an Overplayed Street: (Street Age Factor * Street Cost * area of influence+ overlay age factor * 0.45 * area of influence)

Right of Way Degradation Fee

Page 5 of 5


Economic Development:TIF Application $2,000.00 plus a funding agreementCID/TDD Application $500.00 plus a funding agreementPolice:Finger Prints $5.00Police Reports/Accident Reports/Alcohol Influence Report $5.00/report number

Report over 10 Pages $.10 per pageGlobal Reports $5.00/pageCar Camera Videos $20.00/dvdAudio files $10.00/cd romPictures-CD Format Only $10.00 each


Date: April 30, 2015 Resolution No.: R-2766-15 To: Mayor and Board of Aldermen From: Mark Loughry, Finance Director Department Head Approval: Finance Director Approval: ___________(only if funding is requested) City Administrator Approval:

Action Requested: Authorize the City Administrator to enter into an agreement with ETS to handle the City’s credit card processing. Analysis: The City’s financial management software, Incode Vx, installed in 2013-14 has the capability of accepting online payments for City transactions. In order to be able to have these payments load directly into the customer’s account it will be necessary to work with a vendor that partner with Incode. There are two vendors considered preferred partners with Incode but only one vendor, ETS Corporation (ETS) that has the ability to interface directly into their software. Staff would like to enter into an agreement with ETS to handle all City credit card transactions. Currently, card transactions processed in person create a daily batch that must be reconciled both on the bank statement and individually to each drawer. By selecting ETS Merchant Services for card processing, all daily transactions both in person and online will load directly into the City’s financial software. This will allow balancing by drawer as part of the nightly closing and will create the necessary entry into the financial system to reconcile with the bank deposit. This will save time and help reduce the potential for errors that have to be tracked down during account reconciliation. In comparing the ETS agreement to the City’s current vendor, the primary difference is that the City will need to collect transaction fees directly. The City’s current credit card processor does not charge the City any direct fees; instead they collect them as a separate transaction directly from the customer. It is staff’s intention to add these fees and charges to each transaction so that there will not be a negative financial impact to the City. Budgetary Impact:

Not Applicable Funds subject to appropriation of the Budget Budgeted item with available funds

Additional Reports Attached: ETS Corporation Agreement


1

A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH ETS CORPORATION FOR CREDIT CARD PROCESSING SERVICES WHEREAS, the City of Raytown desires to allow its customers to pay for various services by credit card; and

WHEREAS, ETS Corporation provides credit card services to municipalities; and WHEREAS, ETS Corporation is currently the only vendor that has the ability to

interface directly with Incode which is the City’s financial software; and WHEREAS, the Board of Aldermen find that it is in the best interest of the City to

enter into an agreement with ETS Corporation to provide such services;


THAT the Service Agreement by and between the City of Raytown and ETS Corporation attached hereto, and made a part hereof by reference, is hereby authorized and approved;

FURTHER THAT the City Administrator is hereby authorized to execute all documents necessary to this transaction and the City Clerk is authorized to attest thereto.

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 19th day May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: ____________________________ Teresa M. Henry, City Clerk Approved as to Form: ___________________________________ Joe Willerth, City Attorney

Merchant Application and AgreementMerchant #: MCC:

MERCHANT NAME (DBA or Trade Name) CORPORATE/LEGAL NAME (if Different)

LOCATION ADDRESS CORPORATE ADDRESS ( if Different)

CITY State Zip CITY State Zip

CONTACT NAMECONTACT EMAIL ADDRESS CONTACT PHONE FEDERAL TAX ID#

DOES THIS LOCATION CURRENTLY TAKE PAYMENT CARDS? No Yes (if yes please provide) HAS MERCHANT OR OWNERS/PRINCIPALS EVER BEEN TERMINATED FROM ACCEPTING PAYMENT CARDS FROM ANY PAYMENT NETWORK FOR THIS BUSINESS OR ANY OTHER BUSINESSES?

No Yes (if yes please explain)

PRINCIPLES

Principle #1 Name:

First: Middle Init: Last: SSN: % Ownership: Title:

Home Address: City:State: Zip: Date of Birth:

Home Phone: DL# / State: Email Address:

Principle #2 Name:

First:

Home Address:

Home Phone:

Middle Init: Last: SSN: % Ownership: Title:

City: State: Zip: Date of Birth:

DL# / State: Email Address:

TYPE OF BUSINESS

Individual/Sole Proprietorship

Non-Profit (Must Provide 503-C)

Partnership

Private

Corporation

Publicly Traded

LLC

Government

State:

Length of time in business: Years Months

NATURE OF BUSINESS

Retail

Lodging

Retail w/Tip

QSR

Mail/Phone Order

Convenience

Internet

Public Sector

Restaurant

Petroleum

Fast Food

Utility

Other

Seasonal Sales: Yes No If so, please indicate high volume months

Method of Acceptance: (Totals to equal 100%)

Credit Cards Swiped:

Key Entered:

MO/TO

Internet:

%

%

%

% (URL: )

* Merchants processing less than 70% swipe transactions must complete the MO/TO Questionnaire (over)

Annual VMC Volume: $

High Ticket: $Ave. Ticket: $

Product or Service being offered:

Merchant Name to appear on Statement: DBA Name Legal Name

Other:

CITY OF RAYTOWN

394750529776

RAYTOWN MO 64133

CHRISTY CURLESS [email protected] (816) 737-6074 44-6005511

MAHESH SHARMA CITY ADMINISTRATOR

(816) 737-6000 [email protected]

MARK LOUGHRY DIRECTOR OF FINANCE

(816) 737-6084 [email protected]

X

X

65 0

X

X

90

5

5

0

690,000.00

35.00

X

X

500.00

4900

Location Phone Location Fax Corporate Phone Corporate Fax

(816) 737-6000 (816) 737-6142

10000 E 59TH ST

Board Run/Operated

10000 E 59TH ST

RAYTOWN MO 64133

(816) 737-6000 (816) 737-6142

Merchant’s URL(s):

J F M A M J J A S O N D

SCHEDULE A: VISA/MASTERCARD/DISCOVER DISCOUNT RATES & FEES:

You have the option of accepting MasterCard

credit cards, Visa credit cards, credit cards issued

by Discover, MasterCard signature debit cards

(MasterMoney Cards) or Visa signature debit

cards (Check Cards), or debit cards issued by

Discover. You may elect to accept any or all of

these card types for payment. If you do not

specifically indicate otherwise, your application

will be processed to accept ALL MasterCard,

Discover, and Visa card types.

Elected Visa, Discover, or MC card types NOT to

accept:

CARD FEES: OTHER FEES:

% Markup P/I Markup

$0.00Application Fee $0.00 ECP Net Fee

$25.00 $15.00Monthly Minimum Fee Chargeback Fee

$0.00 $150.00Equipment Reprogramming Fee Annual PCI Fee

$0.00 $0.00 Monthly PCI Fee

INTERCHANGE (COST) PLUS:

PMoney Setup Fee

$7.50

0.20 $0.10

Statement Fee

Visa BPS

T & E Auth Fee

%

$0.00

$0.20

ACH Fee

0.20 $0.10MC BPS

AMEX

%

$0.00

$0.20

EMoney Setup Fee

Diners

$0.00EMoney User Fee

$0.00EMoney Monthly Fee

If you currently accept American Express please write your existing account number on the line provided ; if you do not currently accept American Express

and would like to, please check the box to apply.

American Express (10 digits): Apply

BANK ACCOUNT INFORMATION: Checking Account Savings Account Bank Name:Attach voided check for the operating account where funds are to be deposited

Transit # (ABA Routing): Account # (DDA): Contact: Phone #:

* By providing the above referenced information, you are authorizing Bank to initiate ACH debit and credit transactions to said account

DOES MERCHANT USE AN INDEPENDENT SERVICER THAT STORES, MAINTAINS OR TRANSMITS CARDHOLDER INFORMATION:

NAME:

DOES MERCHANT USE A FULFILLMENT HOUSE TO FULFILL PRODUCT:

NAME:

HAS MERCHANT OR OWNERS/PRINCIPALS EVER FILED BUSINESS BANKRUPTCY and/or PERSONAL BANKRUPTCY

Explanation:

PHONE NUMBER:

No

No

No

Yes (if yes, please provide:)

Yes (if yes, please provide:)

Yes (if yes, please provide:)X

X

EMONEY 4.7

X

VERSION NUMBER:

Site Inspection:

Merchant:

Building Type:

Area Zoned:

Square Footage:

Owns

Commercial

0-500

Rents

Office Building

Industrial

501 - 2500

Industrial Building

Residential

2501 - 5000

Residence

5001 - 10000+

Landlord:Based upon your review, does Merchant have the appropriate facilities, equipment, inventory, personnel

and license or permit to operate their business? No Yes

Comments:

* By signing below, inspector is certifying he/she has visited the location and information provided is true & correctInspector Name: Inspector Date: Signature:

X

X

X

X

Shopping Cntr.

SEAN LYNCH

Monthly Payment Card Volume: $ 57500.00

®

Discover BPS 0.50 % $0.10

Offline Debit

Online Debit

0.30 %

%

$0.10

$0.10 0.10

P/I Markup% Markup

CREDIT:

DEBIT:

CONTINUING PERSONAL GUARANTY PROVISION – PERSONAL GUARANTOR (Capitalized terms not defined in this Guaranty section have the meanings set forth below in the Terms and Conditions section)

By signing below, each individual or entity ("Guarantor") jointly and severally (if there is more than one Guarantor) and unconditionally guarantees to ETS CORPORATION and BANK the prompt payment and full and

complete performance of all obligations of the Merchant identified above under the Merchant Agreement, as amended from time to time, including, without limitation, all promises and covenants of the Merchant, and all

amounts payable by the Merchant under the Merchant Agreement, including, without limitation, charges, interest, costs and other expenses, such as attorney's fees and court costs. This means, among other things, that ETS

CORPORATION or BANK can demand performance or payment from any Guarantor if the Merchant fails to perform any obligation or pay what the Merchant owes under the Agreement. Each Guarantor agrees that his or

her liability under this guaranty will not be limited or canceled because: (1) the Merchant Agreement cannot be enforced against the Merchant for any reason, including, without limitation, bankruptcy proceedings; (2) either

ETS CORPORATION or BANK agrees to changes or modifications to the Merchant Agreement, with or without notice to Guarantor; (3) ETS CORPORATION or BANK releases any other Guarantor or the Merchant from

any obligation under the Merchant Agreement; (4) any law, regulation, or order of any public authority affects the rights of either ETS CORPORATION, Merchant, or BANK under the Merchant Agreement; and/or (5)

anything else happens that may affect the rights of either ETS CORPORATION or BANK against the Merchant or any other Guarantor. Each Guarantor further agrees that: ( a) ETS CORPORATION and BANK each may

delay enforcing any of its rights under this guaranty without losing such rights and hereby waives any applicable Statute of Limitations; (b) ETS CORPORATION and BANK each can demand payment from such Guarantor

without first seeking payment from the Merchant or any other Guarantor or from any security held by the BANK; and (c) such Guarantor will pay all court costs, attorney's fees, and collection costs incurred by either ETS

CORPORATION or the BANK in connection with the enforcement of the Merchant Agreement or this Guaranty, whether or not there is a lawsuit, and such additional fees and costs as may be directed by a court. If the

Merchant is a corporation or limited liability company, this Guaranty must be executed by a principal or affiliate of Merchant .

MERCHANT APPLICATION AND AGREEMENT ACCEPTANCE (Capitalized terms not defined in this Acceptance section have the meanings set forth in the Terms and Conditions section)

"By executing this Merchant Application on behalf of the merchant described above ("Merchant"), the undersigned individual(s) represent(s), warrant(s), and acknowledges(s) that: (i) All information contained in this

Merchant Application ("Application") is true, correct and complete as of the date of this Application; (ii) If the Merchant is a corporation, limited liability company, or partnership, the individual (s) executing this Application

have the requisite legal power and authority to complete and submit this Application on behalf of the Merchant and to make and provide the acknowledgements, authorizations and agreements set forth herein on behalf of the

Merchant and individually; (iii) The information contained in this Application is provided for the purpose of obtaining, or maintaining, a merchant account for the Merchant with the Sponsor Bank ("BANK") and BANK will

rely on the information provided herein in its approval process and in settling the applicable Discount Rate, Approved Average Ticket, and Approved Monthly Bankcard Volume; (iv) BANK is authorized to investigate, either

through its own agents or through credit bureaus/agencies, the credit of the Merchant and each person listed on this Application; (v) BANK will determine all rates, fees and charges and notify Merchant of the approved fees

and by Merchant's submission and acceptance of Merchant's first settled transaction. Merchant agrees to pay such approved fees; (vi) The Merchant Agreement will not take effect until Merchant has been approved by

BANK and a merchant number has been issued to merchant; and (vii) The undersigned has received, read, understood, the Merchant Agreement, which is incorporated herein by reference thereto, and agrees on behalf of

the merchant to be bound by the terms of such Merchant Agreement. The merchant on whose behalf this Application is being submitted acknowledges that if this Application is being submitted to Merrick Bank as the Sponsor

Bank, ETS CORPORATION will may also be a party to this Merchant Agreement. In such case, Merchant acknowledges that ETS CORPORATION will rely on the representations and warranties set forth in this Application

for Merchant Agreement and unless otherwise specified or prohibited by Association or applicable law , ETS CORPORATION will have all the rights of BANK under this Application and Agreement

MERCHANT:

Principal #1: _____________________________________________________

Print Name: _____________________________________________________ Date: ___________________

Principal #2: _____________________________________________________

Print Name: _____________________________________________________ Date: ___________________

BANK:

By: _____________________________________________________ Date: ___________________________

Name and Title: ___________________________________________________________________________

ETS CORPORATION:

By: _____________________________________________________ Date: ___________________________

Name and Title: ___________________________________________________________________________

MAHESH SHARMA

MARK LOUGHRY

MAHESH SHARMA MARK LOUGHRY

X

X

X X

HADI AKKAD - VP

MO/TO QUESTIONNAIRE: COMPLETE THIS SECTION IF PROCESSING LESS THAN 70% CARD PRESENT:

What percentage of sales are to: Businesses Consumer % Individual Consumer %

Method of Marketing: Newspaper/magazine Television/Radio Internet Direct Mail, Brochure and/or Catalog Outbound Telemarketing Sales Other:

Percentage of products sold via: Telephone Orders % Mail Fax Orders % Internet Orders % Other: %

Who processes the order? Merchant Fufillment Center Other

Who enters credit card information into the processing system? Merchant Fufillment Center Consumer Other

If credit card payment information taken over the Internet, is payment channel encrypted by SSL or better? No Yes

If Merchant is an e-commerce Merchant, is a Merchant Certificate utilized? No Yes if yes please provide the following:

Merchant Certificate Number Certificate Issuer Exp. Date: Is Certificate Individual Shared

Do you own the product/Inventory? YesNo Is the product stored at your business location? YesNo If no, where is it stored?

After charge authorization, how long until product ships? days Who ships the product

Product shipped by: Merchant Other Delivery receipt requested? Yes No

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A

NEW ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account .

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We will also ask for a copy of your driver’s license or other

identifying documents.

Principal #1: _____________________________________________________

Print Name: _____________________________________________________ Date: ___________________

Principal #2: _____________________________________________________

Print Name: _____________________________________________________ Date: ___________________

Principal #1: _____________________________________________________ Principal #2: _____________________________________________________

Print Name: _____________________________________________________ Date: ______________ Print Name: _____________________________________________________ Date:_______________

BANK DISCLOSURE

Member Bank Information: Merrick Bank, 135 Crossways Park Dr North, Suite A100 Woodbury, NY 11797 · Phone (800) 267-2256

Important Bank Responsibilities:

1. Merrick Bank is the only entity approved to extend acceptance of Visa products directly to a Merchant.

2. Merrick Bank is responsible for educating Merchants on pertinent Visa operating regulations with whichMerchants must comply .

3. Merrick Bank, not ETS CORPORATION must hold, administer and control all reserve funds derived from settlement.

4. Merrick Bank, not ETS CORPORATION, must hold, administer and control settlement funds for the Merchant.

5. Merrick Bank must be a principal (signer) to the Merchant Agreement

Merchant Information: Refer to Merchant Application

Important Merchant Responsibilities:

1. Complying with cardholder data security and storage requirements

2. Maintaining fraud and chargebacks below established thresholds.

3. Reviewing and understanding the Merchant Agreement.

4. Complying with Visa’s operating regulations.

The responsibilities listed above do not supersede terms of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of each party and that the Visa Member - Merrick Bank - is the ultimate authority should the Merchant have any problems.

X XMAHESH SHARMA MARK LOUGHRY

TERMS AND CONDITIONS

Subject to the requirements of applicable Card Association rules , ETS CORPORATION and Bank may allocate their respective duties and obligations between themselves as they deem appropriate at

their sole discretion, and ETS CORPORATION or Bank may jointly or individually assert or exercise the rights or remedies provided to the Bank hereunder . In consideration of the mutual

covenants herein, Bank, ETS CORPORATION and Merchant have agreed as follows

ARTICLE I - DEFINITIONS

1.01 "Account" means a commercial checking account or demand deposit maintained by Merchant as set forth in Section 5.16 for the crediting of collected funds and the debiting of fees and charges

under this Agreement.

1.02 "ACH" means the Automated Clearing House paperless entry system controlled by the Federal Reserve Board .

1.03 "Agreement" means these terms and conditions and any supplementary documents indicated herein, and valid schedules and amendments to the foregoing.

1.04 "Authorization" means a computerized function or a direct phone call to a designated number to examine individual Transactions to obtain approval from the Card Issuer to charge the Card for

the amount of the sale.

1.05 "Card" means (i) a valid credit card in the form issued under license from Visa U .S.A., Inc. Visa International, Inc. or MasterCard International, Inc. ("Bank Card") or Discover®; or (ii) any other

valid credit card accepted by Merchant by agreement with Bank and ETS CORPORATION .

1.06 "Card Association" means Visa U.S.A., Inc., Visa International, Inc., MasterCard International, Inc. or Discover or any other Card Issuers that provide Cards that are accepted by Merchant by

agreement with Bank and ETS CORPORATION.

1.07 "Card Issuer" means the financial institution or company which has provided a Card to a Cardholder.

1.08 "Card Not Present (CNP)" means that an Imprint of the Card is not obtained at the point-of-sale.

1.09 "Cardholder" means the person whose name is embossed upon the face of the Card.

1.10 "Cardholder Information" means any non-public, sensitive information about a Cardholder, including any combination of Cardholder name plus the Cardholder's social security number,

driver's license or other identification number or credit or debit card number, or other bank account number.

1.11 "Chargeback" means the procedure by which a Sales Draft (or disputed portion thereof) is returned to Bank by a Card Issuer because such item does not comply with the applicable Card plan's

operating regulations.

1.12 "Credit Voucher" means a document executed by a Merchant evidencing any refund or price adjustment relating to Cards to be credited to a Cardholder account.

1.13 "Imprint" means (i) an impression on a Sales Draft manually obtained from a Card through the use of an imprinter, or (ii) the electronic equivalent obtained by swiping a Card through a

terminal and electronically capturing Card Data and printing a Sales Draft.

1.14 "Mid or Non-Qualifying Transaction" means any sale Transaction that fails to qualify for lowest interchange rate assigned by the applicable Card Association for the standard card industry

code of Merchant and which may be charged fees as set forth in Schedule A.

1.15 "Sales Draft" means the paper form, whether electronically or manually imprinted, evidencing a sale Transaction.

1.16 "Transaction" means any sale of products or services, or credit for such, from a Merchant for which the Cardholder makes payment through the use of any Card and which is presented to Bank

for collection.

1.17 "Voice Authorization" means a direct phone call to a designated number to obtain credit approval on a Transaction from the Card Issuer , whether by voice or voice-activated systems.

ARTICLE II - CARD ACCEPTANCE

2.01 Honoring Cards.

(a) Merchant will accept all valid Cards when properly presented by Cardholders in payment for goods or services, subject to applicable Card Association rules requiring Merchant to

elect whether it will accept credit only, debit only or both debit and credit Cards. Merchant’s election is set forth in the Application. (b) Merchant will not establish minimum or

maximum amounts for Card sales as a condition for accepting any Card. (c) Merchant will not require any Cardholder to pay as a surcharge any part of any discount or charge imposed

upon Merchant by this Agreement, whether through any increase in price or otherwise require a Cardholder presenting a Card to pay any charge or price as a condition of sale that is not

also required from a customer paying cash. However, Merchant may not, by this term, be prevented from offering discounts to customers for cash purchases . (d) Merchant will not engage

in a Card Transaction (other than a mail order, telephone order, ecommerce or preauthorized sale to the extent permitted under this Agreement ) if the person seeking to charge the purchase

to his or her Card account does not present the Card to permit Merchant to compare the signature on the Card to the signature on the Sales Draft and obtain an Imprint or otherwise use

the physical Card to complete the Transaction.

2.02 Advertising.

(a) Merchant agrees to prominently display the promotional materials provided by Bank and ETS CORPORATION in its place (s) of business. Use of promotional materials and use of

any trade name, trademark, service mark or logo type ("Marks") associated with Card(s) will be limited to informing the public that Card(s) will be accepted at Merchant's place(s) of

business. Merchants' use of promotional materials and Marks is subject to the direction of Bank and ETS CORPORATION . (b) Merchant may use promotional materials and Marks only

during the term of this Agreement and will immediately cease use and return any inventory to Bank or ETS CORPORATION upon any termination thereof . (c) Merchant will not use any

promotional materials or Marks associated with Visa, MasterCard or Discover in any way which suggests or implies that either endorses any goods or services other than Card payment

services.

2.03 Card Acceptance. When accepting a Card, Merchant will follow the steps provided by Bank and ETS CORPORATION for accepting Cards and will :

(a) Determine in good faith and to the best of its ability that the Card is valid on its face; (b) Obtain Authorization from the Card Issuer to charge the Cardholder 's account; (c) Unless the

Sales Draft is electronically generated or is the result of a mail, phone or preauthorized order, (i) obtain an Imprint of the Card including embossed data from the merchant imprinter plate;

and (ii) obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card; (d) Enter a description of the goods or services sold and the price

thereof (including any applicable taxes); (e) Deliver a true and completed copy of the Sales Draft to the Cardholder at the time of delivery of the goods or performance of the services, or, if

the Sales Draft is prepared by a point-of-sale terminal, at the time of the sale; (f) Offer the Sales Draft to Bank for purchase according to Bank 's procedures and the terms of this Agreement;

and (g) Make an Imprint of the Card, if the Transaction is not based upon a mail, phone or pre-authorized order.

2.04 Authorization. Merchant will obtain an Authorization for all Card sales. If Merchant cannot, for any reason, obtain an electronic Authorization through the use of a terminal , Merchant will

request a Voice Authorization from Bank's designated authorization center and will legibly print the authorization number on the Sales Draft. Merchant will not obtain or attempt to

obtain authorization from Bank's authorization center unless Merchant intends to submit to Bank a Transaction for the authorized amount if Authorization for the Transaction is given .

Merchant may not divide a single Transaction between two or more Sales Drafts on a single Card to avoid Authorization limits that may be set by the Card Issuer . Merchant

acknowledges that an Authorization provides only that the Cardholder account has sufficient credit available to cover the amount of the current sale and that an Authorization is not a

guarantee that the Transaction will not be subject to dispute or Chargeback and does not warranty the Cardholder’s identity . Merchant may not attempt to obtain an authorization by

successively decreasing the sale amount. Bank or ETS CORPORATION may refuse to purchase or process any Sales Draft presented by Merchant : (a) unless a proper authorization or

approval code has been recorded on the Sales Draft; (b) if Bank or ETS CORPORATION determines that the Sales Draft is or is likely to become uncollectible from the Cardholder to

which the transaction would otherwise be charged; or (c) if Bank or ETS CORPORATION has reason to believe that the Sales Draft was prepared in violation of any provision of this

Agreement. Merchant will use, and may not circumvent, fraud identification tools requested by Bank or ETS CORPORATION, including Address Verification System processing and

CVV2 processing, and acknowledges that the use of these tools may prevent Merchant from accepting certain Cards as payment. Merchant acknowledges that its use of fraud identification

tools may not prevent fraudulent Card usage, and agrees that any fraudulent Transaction may ultimately result in a Chargeback , for which Merchant retains full liability under this

Agreement.

2.05 Retention and Retrieval of Cards.

(a) Merchant will use its best efforts, by reasonable and peaceful means, to retain or recover a Card (i) when receiving such instructions when making a request for Authorization or (ii) if

Merchant has reasonable grounds to believe the Card is counterfeit, fraudulent or stolen. (b) The obligation of Merchant imposed by this section to retain or recover a Card does not

authorize a breach of the peace or any injury to persons or property, and Merchant will hold Bank and ETS CORPORATION harmless from any claim arising from any injury to person or

property or other breach of the peace in connection with the retention or recovery of a Card.

2.06 Multiple Transaction Records; Partial Consideration.

Merchant will not prepare more than one Sales Draft for a single sale or for a single item but will include all items of goods and services purchased in a single Transaction in the total

amount on a single Sales Draft except under the following circumstances: (i) For purchases in separate departments of a multiple department store; (ii) For partial payment, installment

payment, delayed delivery or an advance deposit; or (iii) For delayed or amended charges governed by rules for travel and entertainment merchants and Transactions .

2.07 Telephone Orders, Mail Orders, eCommerce, Preauthorized Orders and Installment Orders.

(a) Unless Merchant has been approved by Bank to accept mail, phone or ecommerce orders, Merchant warrants that it is a walk-in trade business, located in a retail business place where

the public moves in and out freely in order to purchase merchandise or obtain services. If Bank and ETS CORPORATION determines Merchant has accepted unapproved Card

Transactions without Bank's authorization, which are placed by telephone, generated through telephone solicitation, mail order or other means that does not create a Sales Draft that

bears the Card imprint and Cardholder's signature, this Agreement will be immediately terminated and the value of all Sales Drafts collected from the first day of processing may be

charged back to Merchant and all funds therefrom will be held pursuant to Article IV . (b) Unless approved by Bank, this Agreement does not contemplate regular acceptance of Cards for

sales accepted by telephone, mail or ecommerce nor through preauthorized orders. If an occasional Card Transaction is made by mail , phone or preauthorized order, the Sales Draft may be

completed without the Cardholder's signature or an Imprint, but in such case Merchant will create a Sales Slip containing Cardholder data, an Authorization number, the sale amount and

the letters "MO", 'TO" or "PO", as appropriate. Receiving an Authorization will not relieve the Merchant of liability for Chargeback on any Transaction for which the Merchant did not

obtain an Imprint or the Cardholder's signature.

2.08 Lodging and Vehicle Rental Transactions.

(a) Merchant must estimate and obtain Authorization for the amount of the Transaction based upon the Cardholder 's intended length of stay or rental. Additional Authorization must be

obtained and recorded for charges actually incurred in excess of the estimated amount . (b) Regardless of the terms and conditions of any written preauthorization form, the Sales Draft

amount for any lodging or vehicle rental Transaction will include only that portion of the sale , including any applicable taxes, evidencing a bona fide rental of real or personal property

by Merchant to the Cardholder and will not include any consequential charges . Nothing contained herein is intended to restrict Merchant from enforcing the terms and conditions of its

preauthorization form through means other than a Card Transaction .

2.09 Returns and Adjustments; Credit Vouchers.

(a) Merchant's policy for the exchange or return of goods sold and the adjustment for services rendered will be established and posted in accordance with operating regulations of the

applicable Card Association's regulations. Merchant agrees to disclose, if applicable, to a Cardholder before a Card sale is made, that if merchandise is returned: (i) no refund, or less than

a full refund, will be given; (ii) returned merchandise will only be exchanged for similar merchandise of comparable value; (iii) only a credit toward purchases will be given; or (iv)

special conditions or circumstances apply to the sale (e.g., late delivery, delivery charges, or other non-credit terms). (b) If Merchant does not make these disclosures, a full refund in the

form of a credit to the cardholder's Card account must be given. Disclosures must be made on all copies of Sales Drafts or invoices in letters approximately 1/4" high in close proximity to

the space provided for the Cardholder's signature or on an invoice issued at the time of the sale or on an invoice being presented for the Cardholder's signature. (c) Any change in

Merchant’s return or cancellation policy must be submitted in writing to Bank and ETS CORPORATION not less than fourteen (14) days prior to the change. Bank or ETS

CORPORATION reserves the rights to refuse to process any Sales Draft made subject to a revised return or cancellation policy of which Bank and ETS CORPORATION have not been

notified as required herein.

2.10 Cash Payments. Merchant will not receive any payments from a Cardholder for charges included in any Transaction resulting from the use of any Card nor receive any payment from a

Cardholder to prepare and present a Transaction for the purpose of effecting a deposit to the Cardholder 's Card account.

2.11 Cash Advances; Scrip Purchases. Merchant will not deposit any Transaction for the purpose of obtaining or providing a cash advance either on Merchant 's Card or the Card of any other party

and will not accept any Card at a scrip terminal. Merchant agrees that either such action will be grounds for immediate termination of this Agreement .

2.12 Duplicate Transactions. Merchant will not deposit duplicate Transactions. Merchant will be debited for any adjustments for duplicate Transactions and will be liable for any Chargebacks

which may result therefrom.

2.13 Deposit of Fraudulent Transactions. Merchant will not accept or deposit any fraudulent Transaction and may not under any circumstances present for processing or credit , directly or

indirectly, a Transaction which originated with any other merchant or any other source other than Transactions arising from bona fide purchases from Merchant for the goods and services

for which Merchant has been approved under this Agreement . If Merchant deposits any prohibited Transaction, Merchant may be immediately terminated, and Bank may hold funds

and/or demand an Escrow pursuant to Sections 4.02 and 5.06; further, Merchant may be subject to the Visa and MasterCard and Discover reporting requirements under the terms of this

Agreement. Merchant understands and agrees that it is responsible for its employees’ action , whether negligent or fraudulent, while in its employ.

2.14 Collection of Pre-existing Debt. Merchant will not prepare and present to Bank for purchase any Transaction representing the refinancing of an exiting obligation of a Cardholder including ,

but not limited to, obligations (i) previously owed to Merchant, (ii) rising from the dishonor of a Cardholder's personal check, Chargeback, and/or (iii) representing the collection of any

other pre-existing indebtedness, including collection of delinquent accounts on behalf of third parties.

2.15 Data Security/Personal Cardholder Information. Merchant may not, as a condition of sale, impose a requirement on Cardholders to provide any personal information as a condition for

honoring Cards unless such information is required to provide delivery of goods or services or Merchant has reason to believe the identity of the person presenting the Card may be

different than that of the Cardholder. Merchant will not, under any circumstances, release, sell or otherwise disclose any Cardholder Information to any person other than Bank or ETS

CORPORATION or the applicable Card Association, except as expressly authorized in writing by the Cardholder, or as required by law.

(a) Safeguards. Merchant will maintain appropriate administrative, technical and physical safeguards for all Cardholder Information. These safeguards will (i) insure the confidentiality

of Cardholder Information; (ii) protect against any anticipated threats or hazards to the security or integrity of Cardholder Information; (iii) protect against unauthorized access to or use

of Cardholder Information that could result in substantial harm or inconvenience to any Cardholder; and (iv) properly dispose of all Cardholder Information to ensure no unauthorized

access to Cardholder Information. Merchant will maintain all such safeguards applicable to Merchant or Bank or ETS CORPORATION in accordance with applicable federal and state

laws, rules, regulations and guidance.

(b) Compliance with Card Association Rules. Merchant represents, warrants and covenants that it is and will remain throughout the term of this Agreement in compliance with Card

Association bylaws, operating regulations and rules related to data security, data integrity and the safeguarding of Cardholder Information including the Payment Card Industry Data

Security Standard (“PCI”), Discover Information Security Compliance (“DISC”), MasterCard’s Site Data Protection Program (“SDP”), and Visa’s Customer Information Security

Program (“CISP”), in effect and as may be amended, supplemented or replaced. Merchant will cause all of its service providers, subcontractors and agents to comply with PCI, SDP, DISC

and CISP requirements at all times. Merchant will report any non-compliance immediately to Bank or ETS CORPORATION. To accomplish the foregoing, Merchant will encrypt all debit,

credit or stored value card numbers whether in storage, transport or backup and will not store data security codes on its systems, network or software.

(c) Annual Certification. Merchant will provide an annual certification to Bank or ETS CORPORATION if requested by Bank or ETS CORPORATION (in a form acceptable to Bank or

ETS CORPORATION ) certifying compliance with the data security provisions of this Agreement , including compliance with applicable Card Association requirements such as PCI ,

SDP and CISP. Merchant will provide annual certifications for Merchant’s service providers , subcontractors and agents.

(d) Information Use Limitations. Merchant may not sell, disclose, or otherwise make Cardholder Information available, in whole or in part, in a manner not provided for in this

Agreement, without Bank’s or ETS CORPORATION's prior written consent. Merchant may, however, disclose Cardholder Information to its service providers, subcontractors and

agents who have a need to know such information to provide the Services described in this Agreement , provided that those individuals or entities have assumed confidentiality

obligations in accordance with this Agreement, or as may be required by legal process or applicable federal and state laws, rules, regulations and guidance and have entered into a

written agreement with Merchant containing Merchant’s and such individuals’ or entities’ agreement to the foregoing data security provisions including compliance with Card

Association rules, regulations or bylaws.

(e) Response to Unauthorized Access. Merchant will notify Bank or ETS CORPORATION within 24 hours after it knows of any breach in security resulting in an unauthorized access to

Cardholder Information. Merchant will provide any assistance that Bank or ETS CORPORATION , the issuing bank of any Cardholder, and their regulators and the Card Associations

deem necessary to contain and control the incident to prevent further unauthorized access to or use of Cardholder Information. Such assistance may include, but not be limited to,

preserving records and other evidence and compiling information to enable Bank or ETS CORPORATION and the issuing bank (s) or the Card Associations to investigate the incident

and provide assistance and cooperation to: (a) file suspicious activity reports (as applicable); (b) notify their regulators (as applicable); and (c) notify the affected Cardholder (as

required). Unless the unauthorized access was due to Bank’s acts or omissions , Merchant will bear the cost of notifying affected Cardholder .

(f) Miscellaneous. Merchant may not make a claim against Bank or ETS CORPORATION or hold Bank or ETS CORPORATION liable for the acts or omissions of other merchants ,

service providers, Card Associations, financial institutions or others that do not have a written contractual relationship with Bank or ETS CORPORATION or over which Bank or ETS

CORPORATION has no control. These provisions supplement, augment and are in addition to obligations of indemnification, audit, confidentiality and other similar provisions

contained in this Agreement. This Section 2.15 and each of its subsections will survive this Agreement’s termination . Merchant may not store in any system or in any manner

discretionary Card read data including without limitation CVV2 data, PIN data, address verification data or any other information prohibited by Card Association Rules .

2.16 Compliance with Card Association Rules. Merchant will comply with and conduct its Card activities in accordance with all applicable Card Association rules and regulations . Failure to

comply with such rules and regulations may result in Merchant being terminated for cause and listed on various Card Association and industry databases , including the Terminated

Merchant File and the Merchant Alert to Control High Risk Merchants file (“MATCH”). With respect to MasterCard, Discover, or Visa USA, Merchant may not: (a) accept Cardholder

payments for previous Card charges incurred at the Merchant location ; (b) establish a minimum or maximum transaction amount as a condition for honoring a Card; (c) require a

Cardholder to complete a postcard or similar device that includes the Cardholder’s account number , card expiration date, signature, or any other card account data in plain view when

mailed; (d) add any surcharge to transactions; (e) add any tax to transactions, unless applicable law expressly requires that Merchant be permitted to impose a tax (any tax amount, if

allowed, must be included in the transaction amount and not collected separately); (f) enter into interchange any transaction receipt for a transaction that was previously charged back to

Bank and subsequently returned to Merchant, irrespective of Cardholder approval ( Merchant may pursue payment from the Cardholder outside the Card Association system ); (g) request

or use an account number of any purpose other than as payment for its goods or services; (h) disburse funds in the form of travelers cheques, if the sole purpose is to allow the Cardholder

to make a cash purchase of goods or services from Merchant; (i) disburse funds in the form of cash, unless: (i) Merchant is a lodging or cruise line merchant disbursing cash to a

Cardholder, (ii) Merchant is dispensing funds in the form of travelers cheques, Cards, or foreign currency, or (iii) Merchant is participating in the Card Association cash back service ; (j)

accept a Card for the purchase or scrip; (k) accept a Card for manual cash disbursement; (l) accept a Card to collect or refinance existing debt that has been deemed uncollectible by the

Merchant providing the associated goods or services; or (m) enter into a Transaction that represents collection of a dishonored check . Merchant will pay all Card Association fines, fees,

penalties and all other assessments or indebtedness levied by Card Associations to Bank or ETS CORPORATION which are attributable , at the Bank’s or ETS CORPORATION’S

discretion, to Merchant’s Transaction processing or business. (n) accept a Card for an unlawful Internet gambling transaction. Merchant will pay all Card Association fines, fees,

penalties and all other assessments or indebtedness levied by Card Associations to Bank or ETS CORPORATION which are attributable , at the Bank’s or ETS CORPORATION’S

discretion, to Merchant’s Transaction processing or business.

2.17 Merchant's Business. Merchant will notify Bank or ETS CORPORATION immediately if it intends to (a) transfer or sell any substantial part of its total assets, or liquidate; (b) change the

basic nature of its business, including selling any products or services not related to its current business; (c) change majority ownership or transfer control of its business; (d) enter into

any joint venture, partnership or similar business arrangement whereby any person or entity not a party to this Agreement assumes any interest in Merchant 's business; (e) alter in any

way Merchant's approved monthly volume, average, or maximum ticket; or (f) changes its return policies or to another fulfillment house different from those identified in Merchant

Application. Merchant will notify Bank or ETS CORPORATION promptly in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or

proceeding. Merchant’s failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Bank’s or ETS

CORPORATION’S exercise of all its rights and remedies provided by this Agreement . If any change listed above occurs, Bank or ETS CORPORATION may immediately terminate this

Agreement.

2.18 Merchant’s Warranties. Merchant represents and covenants that: (a) all information contained in the Merchant Application or any other documents delivered to Bank or ETS

CORPORATION in connection therewith is true and complete and properly reflects Merchant 's business, financial condition and principal partners, owners or officers; (b) Merchant has

power to execute, deliver and perform this Agreement, and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which

Merchant is subject; (c) Merchant holds all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (d) there is

no action, suit or proceeding at law or in equity now pending or to Merchant's knowledge, threatened by or against or affecting Merchant which would substantially impair its right to

carry on its business as now conducted or adversely affect its financial condition or operations ; (e) each Sales Draft presented to Bank or ETS CORPORATION for collection is genuine

and is not the result of any fraudulent or prohibited Transaction or is not being deposited on behalf of any business other than Merchant as authorized by this Agreement ; (f) each Sales

Draft is the result of a bona fide Card Transaction for the purchase of goods or services from Merchant by the Cardholder in the total amount stated on the Sales Draft ; (g) Merchant has

performed or will perform all of its obligations to the Cardholder in connection with the Card Transaction evidenced thereby ; (h) Merchant has complied with Bank's or ETS

CORPORATION’S procedures for accepting Cards, and the Card Transaction itself does not involve any element of credit for any other purposes other than as set forth in this Agreement ,

and is not subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Associations ' rules, the Consumer Credit Protection Act (15 USC

§1601) or other relevant state or federal statutes or regulations; and (i) any Credit Voucher which it issues represents a bona fide refund or adjustment on a Card sale by Merchant with

respect to which a Sales Draft has been accepted by Bank or ETS CORPORATION .

ARTICLE III - PRESENTMENT, PAYMENT, CHARGEBACK

3.01 Acceptance. Bank will accept from Merchant all Sales Drafts deposited by Merchant under the terms of this Agreement and will present the same to the appropriate Card Issuers for collection

against Cardholder accounts. Merchant is required to transmit Sales Drafts and Credit Vouchers to Bank or its processing vendor on the same of next business immediately following the

day that such Sales Drafts and Credit Vouchers have been originated . All presentment and assignment of Sales Drafts, collection therefore and re-assignment or rejection of such Sales

Drafts are subject to the terms of this Agreement and regulations of the Card Associations . Bank will only provisionally credit the value of collected Sales Drafts to Merchant' s Account

and reserves the right to adjust amounts collected to reflect the value of Chargebacks (actual and anticipated), fees, penalties, late submission charges, Reserve deposits, negative Sales

Draft batch deposits and items for which Bank did not receive final payment.

3.02 Endorsement. The presentment of Sales Drafts to Bank for collection and payment is Merchant's agreement to sell and assign all its right, title and interest in each Sales Draft completed in

conformity with Bank's acceptance procedures and shall constitute an endorsement by Merchant to Bank of such Sales Drafts. Merchant hereby authorizes Bank to supply such

endorsement on Merchant's behalf.

3.03 Prohibited Payments. Bank will have the sole right to receive payment of any Sales Draft presented by Merchant and paid by Bank unless and until there is a Chargeback . Unless

specifically unauthorized in writing by Bank, Merchant will not make or attempt to make any collections on any Sales Draft, including Chargebacks, and will hold in trust for Bank and

will promptly deliver in kind to Bank any payment Merchant receives, in whole or in part, of the amount of any accepted Transaction, together with the Cardholder's name and account

number and any correspondence accompanying the payment.

3.04 Chargebacks. Merchant will accept for chargeback any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Association regulations , or a Card issuer

or Bank or ETS CORPORATION determines that Merchant has in any way failed to comply with Card Association regulations or Bank 's or ETS CORPORATION’s procedures in

accepting a Card and presenting the resulting Sales Draft to Bank for purchase. Section 2.03 notwithstanding, Bank may charge back the amount of a Card sale for which the Cardholder

disputes that authorizing the charge if Merchant failed to obtain the Card Imprint or the Cardholder’s signature . Merchant may not initiate a sale Transaction in an attempt to collect a

Chargeback. Merchant will pay the current published fees for each Chargeback as listed on Schedule A.

3.05 Chargeback Reserve Account. Notwithstanding anything to the contrary in this Agreement , Bank or ETS CORPORATION may establish (without notice to Merchant) and Merchant agrees

to fund a non-interest bearing chargeback reserve account (the “Reserve Account”), or demand other security or raise any discount, transaction or other fees. This account may be

established at any time or for any reason. Specific examples might include: (a) Merchant engages in any charge processing that creates an overcharge to a Cardholder by duplicating

charges; (b) any activity designed by Merchant to circumvent a “call center” message when attempting to process a transaction; (c) Merchant breaches this Agreement, violates any

representation, covenant or warranty herein, violates any applicable Card Association rule or applicable law; (d) Merchant’s application is in any way inaccurate or becomes inaccurate

subsequent to Bank’s approval of the application; (e) Merchant changes its type of business without Bank’s prior written approval ; (f) fraud, Merchant processes an unauthorized

charge, or other action that violates Bank’s or ETS CORPORATION’s applicable risk management standards or is likely to cause a loss ; (g) Merchant has chargebacks exceeding 1% of

the total number of transactions completed by Merchant in any 30 calendar day period; (h) excessive numbers of requests from consumers or issuing banks to retrieve documentation; (i)

Merchant’s financial stability is in question or Merchant ceases doing business ; or (j) Merchant terminates this Agreement. Once the Reserve Account is established, collected funds

will be placed in the Reserve Account. Before releasing funds after this Agreement is terminated, Merchant will pay any equipment cancellation fees and any outstanding charges , losses

or amounts, and Chargebacks for which Merchant has provided indemnification under this Agreement . Further, Bank or ETS CORPORATION may require Merchant to deposit additional

amounts based upon Merchant's processing history and/or anticipated risk of loss to Bank or ETS CORPORATION into the Reserve Account . Once established, unless Bank or ETS

CORPORATION determines otherwise at its sole discretion, the Reserve Account will remain in place for 180 days and a reasonable period thereafter during which Cardholder disputes

may remain valid under applicable Card Association rules . The provisions of this Agreement relating to account debits and credits apply to the Reserve Account and survive this

Agreement’s termination until Bank terminates the Reserve Account . Any balance remaining after chargeback rights have expired and all of Bank’s or ETS CORPORATION’s other

expenses, losses and damages have been paid will be disbursed to Merchant.

ARTICLE IV - TERMINATION AND EFFECT OF TERMINATION

4.01 Term. This Agreement will be effective once Bank and ETS CORPORATION accepts it and , unless otherwise terminated, will continue for three (3) years with automatic three-year renewals

thereafter until Merchant provides written notice of non-renewal given not less than 30 days before the end of the then-current term.

4.02 Termination.

(a) Without Cause. Bank or ETS CORPORATION may terminate this Agreement, without cause, upon 30 days advance written notice to Merchant.

(b) For Cause. Bank or ETS CORPORATION may terminate this Agreement in its sole discretion, effective immediately, upon written or verbal notice, or by closing Merchant’s point-of-sale

terminal, if Bank or ETS CORPORATION reasonably determines that any of the following conditions exists : (i) Merchant has violated any provision of this Agreement ; (ii) there is a

material adverse change in Merchant’s financial condition ; (iii) if any case or proceeding is commenced by or against Merchant under any federal or state law dealing with insolvency,

bankruptcy, receivership or other debt relief; (iv) any information which Merchant provided to Bank or ETS CORPORATION, including Application information, was false, incomplete or

misleading when received; (v) at any time during the term of this Agreement, Merchant has had a monthly ratio of Chargebacks to total transactions exceeding Card Association

requirements or 1%, or Chargebacks exceed 3% of any monthly dollar amount of total transactions; (vi) an overdraft in the settlement account exists for more than three days; (vii) Merchant

or any of Merchant’s officers or employees has been involved in processing transactions arising from fraudulent or otherwise unauthorized transactions ; (viii) Merchant is or will be

unable or unwilling to perform its obligations under this Agreement or applicable law ; (ix) Merchant has failed to timely pay Bank or ETS CORPORATION any amount due ; (x) Merchant

has failed to promptly perform or discharge any obligation under its settlement account or the Reserve Account ; (xi) any of Merchant’s representations or warranties made in connection

with this Agreement was not true or accurate when given; (xii) Merchant has defaulted on any agreement it has with the Bank or ETS CORPORATION ; (xiii) Bank or ETS

CORPORATION is served with legal process seeking to attach or garnish any of Merchant’s funds or property in Bank’s or ETS CORPORATION’s possession , and Merchant does not

satisfy or appeal the legal process within 15 days of such service; (xiv) any Card Association rules are amended in any way so that the continued existence of this Agreement would cause

Bank or ETS CORPORATION to be in breach of those rules; (xv) any guaranty supporting Merchant’s obligations is revoked , withdrawn, terminated or altered in any way; (xvi) if any

circumstances arise regarding Merchant or its business that create harm or loss of goodwill to any Card Association ; (xvii) termination is necessary to prevent loss to Bank or ETS

CORPORATION or Card Issuers; (xviii) Merchant’s type of business indicated on the Application or as conducted by Merchant could endanger the Bank’s or ETS CORPORATION’s

safety or soundness; (xix) Merchant’s owner, officer, guarantor, or corporate entity has a separate relationship with the Bank or ETS CORPORATION and that relationship is terminated ,

(xx) Merchant appears on any Card Association's security reporting; or (xxi) Bank’s or ETS CORPORATION’s security for repayment becomes impaired .

4.03 Effect of Bankruptcy. Any account or security held by Bank or ETS CORPORATION will not be subject to any preference , claim or stay by reason of bankruptcy or similar law. The parties

expressly agree that the acquisition of Card Transactions hereunder is a financial accommodation and if Merchant becomes a debtor in any bankruptcy or similar proceeding , this

Agreement may not be assumed or enforced by any other person and Bank or ETS CORPORATION will be excused from performance hereunder .

4.04 Effect of Termination. When termination becomes effective, the parties’ rights and obligations existing under this Agreement survive . If this Agreement is terminated, regardless of cause, Bank

or ETS CORPORATION may withhold and discontinue the disbursement for all Cards and other Merchant Transactions in the process of being collected and deposited . If Merchant is

terminated for cause, Merchant acknowledges that Bank or ETS CORPORATION may be required to report Merchant 's business name and the names and other identification of its

principals to the MATCH file maintained by Visa, Discover, and MasterCard. Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason

requiring listing on the MATCH file. Merchant waives and will hold harmless Bank or ETS CORPORATION from any claims that Merchant may raise as a result of Bank’s or ETS

CORPORATION’s MATCH file reporting. Merchant will also immediately cease requesting Authorizations . If Merchant obtains any Authorization after termination, the fact that any

Authorization was requested or obtained will not reinstate this Agreement . Further, Merchant will return all Bank or ETS CORPORATION property, forms, or equipment. All obligations

for Transactions prior to termination (including payment for Chargebacks and Bank’s or ETS CORPORATION’s expenses relating to Chargebacks ) survive termination. Bank or ETS

CORPORATION is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination, Merchant will upon request provide Bank or

ETS CORPORATION with all original and electronic copies of Sales Drafts and Credit Vouchers that have been retained by Merchant as of the date of termination . Upon termination, any

amounts due to Bank or ETS CORPORATION will accelerate and be immediately due and payable , without any notice, declaration or other act whatsoever by Bank or ETS

CORPORATION. The parties agree that if this Agreement is terminated before completion of the initial term of this Agreement for any reason other than a material uncured breach by Bank

or ETS CORPORATION, Merchant will pay Bank or ETS CORPORATION damages determined by (a) computing the number of months remaining from the date of termination to the end of

the then current term, and (b) multiplying that number by the average monthly processing fees and adding Bank’s or ETS CORPORATION’s costs and attorneys’ fees . Merchant agrees

that these damages are not a penalty but are a reasonable computation of the financial harm caused by the termination of this Agreement . Bank’s or ETS CORPORATION’s rights of

termination are non-cumulative.

ARTICLE V - MISCELLANEOUS

5.01 Account Monitoring. Merchant acknowledges that ETS CORPORATION and/or Bank will monitor Merchant’s daily deposit activity. Merchant agrees that Bank may upon reasonable

grounds suspend the disbursement of Merchant's funds for any reasonable period of time required to investigate suspicious or unusual deposit activity. ETS CORPORATION and/or

Bank will make good faith efforts to notify Merchant promptly . ETS CORPORATION and/or Bank will not be liability for any losses, either direct or indirect, which Merchant may

attribute to any suspension of funds disbursement.

5.02 Forms. Merchant will use only such forms or modes of transmission of Sales Drafts and Credit Vouchers as are provided or approved in advance by Bank or ETS CORPORATION , and Merchant

will not use such forms other than in connection with Card Transactions .

5.03 Indemnification. Merchant will defend, indemnify and hold Bank and ETS CORPORATION and its officers , directors, members, shareholders, partners, employees, agents, subcontractors and

representatives harmless from and against any and all fines, penalties, claims, damages, expenses, liabilities or fees of any nature whatsoever, including attorneys’ fees and costs

(“Damages”), asserted against or incurred by Bank and ETS CORPORATION arising out of , relating to or resulting from, either directly or indirectly: (a) a breach of the security of the

system safeguarding Cardholder Information resulting in unauthorized access to Cardholder Information; (b) a breach of any representation, warranty or term of this Agreement, including,

but not limited to, the data security provisions by Merchant, or any service provider, subcontractor or agent of Merchant; (c) the negligence, gross negligence or willful misconduct of

Merchant in the performance of its obligations under this Agreement , including, but not limited to, the data security provisions; (d) any violation of applicable federal and state laws,

rules, regulations and guidance and Card Association rules by Merchant ; and (e) all third party claims arising from the foregoing. Notwithstanding the preceding, Merchant is not liable

to Bank or ETS CORPORATION if Damages are caused by, related to or arise out of Bank’s or ETS CORPORATION’s negligence, gross negligence or willful misconduct, or Bank’s or

ETS CORPORATION’s breach of this Agreement. Merchant will promptly reimburse Bank or ETS CORPORATION for any assessments , fines, fees or penalties imposed by the Card

Association in connection with this Agreement, including the data security provisions, and authorizes Bank or ETS CORPORATION to deduct any such sums from amounts to be cleared

and settled with Merchant.

5.04 Records. In addition to any records merchants routinely furnished to Bank or ETS CORPORATION pursuant to this Agreement , Merchant will preserve a copy of the actual paper Sales Drafts

and Credit Vouchers and any written authorization of the Cardholder for at least two (2) years after the date Merchant presents the Transaction to Bank .

5.05 Requests for Copies. Immediately upon receipt of any request by Bank or ETS CORPORATION, Merchant will provide either the actual paper Sales Draft or a legible copy thereof (in size

comparable to the actual Sales Draft) and any other documentary evidence available to Merchant and reasonably requested by Bank or ETS CORPORATION to meet Bank 's and ETS

CORPORATION's obligations under law (including its obligations under the Fair Credit Billing Act) or otherwise to respond to questions concerning Cardholder accounts.

5.06 Compliance with Law. Merchant will comply with all laws applicable to Merchant, Merchant' s business and any Card Transaction, including without limitation all state and federal consumer

credit and consumer protection statutes and regulations.

5.07 Fees and Charges. Merchant will pay to Bank or ETS CORPORATION the fees and charges set forth on Schedule A including any additional charges applied to transactions that fail to meet

Card Association requirements for the lowest interchange levels . Merchant’s Account will be debited through ACH or withheld from daily payments to Merchant for such amounts and for

any other fees, charges or adjustments incurred by Merchant and associated with processing services . Bank or ETS CORPORATION may change fees, including adding fees for additional

services utilized by Merchant, upon 30 days written notice to Merchant.

5.08 Security Interest. To secure payment of Merchant’s obligations under this Agreement , Merchant grants to Bank and ETS CORPORATION a security interest in all now existing or hereafter

acquired: (a) Transactions, Sales Drafts, Credit Vouchers and other items submitted to Bank and ETS CORPORATION for processing by or for Merchant ; (b) accounts receivable and

payment rights relating to or arising from this Agreement , including all amounts due Merchant (including any rights to receive credits or payments hereunder); (c) accounts (including

without limitation all deposit accounts) maintained with the Bank or ETS CORPORATION or any institution other than Bank or ETS CORPORATION , including the Reserve Account, in

the name of or for the benefit of, Merchant or any guarantor of Merchant’s obligations under this Agreement ; (d) deposits, regardless of source, to Merchant’s or any guarantor’s accounts

with Bank or ETS CORPORATION or any institution other than Bank or ETS CORPORATION, including the Reserve Account; (e) all deposits and all other property and funds deposited

by Merchant or withheld by Bank or ETS CORPORATION, including funds and property withheld as the result of security monitoring; and (f) proceeds of the foregoing. If Bank or ETS

CORPORATION reasonably determines that Merchant has breached any obligation under this Agreement , or that proceeds of Merchant's future card sales are unlikely to cover anticipated

Chargebacks, credits, fees and adjustments, as reasonably determined by Bank or ETS CORPORATION (whether because this Agreement has been terminated or for any other reason ), Bank

or ETS CORPORATION may setoff or otherwise exercise its security interest without notice or demand by immediately withdrawing from or freezing any account or otherwise exercising its

rights under this Agreement or those rights available under applicable laws , including the Utah Uniform Commercial Code, or in equity. In addition to the collateral pledged above, Bank or

ETS CORPORATION may require Merchant to furnish such other and different security as Bank or ETS CORPORATION deems appropriate in its sole discretion to secure Merchant’s

obligations under this Agreement. Bank or ETS CORPORATION may fully or partially prohibit withdrawal by Merchant of funds from Merchant 's deposit accounts maintained with Bank

or ETS CORPORATION or financial institutions other than Bank or ETS CORPORATION, pending Bank’s or ETS CORPORATION‘s determination from time to time to exercise its rights

as a secured party against such accounts in partial or full payment of Merchant’s obligations to Bank or ETS CORPORATION . Merchant will execute any documents and take any actions

required to comply with and perfect any security interest under this paragraph, at Merchant’s cost. Merchant represents and warrants that no other party has a security interest or lien in any

of the collateral pledged above, and Merchant will obtain Bank’s or ETS CORPORATION’s written consent before it grants a lien or security interest in that pledged collateral to any

other person

5.09 Modifications to Agreement. This Agreement is subject to amendment to conform with Card Association regulations , as amended from time to time. From time to time Bank and ETS

CORPORATION may amend any provision or provisions of this Agreement , including, without limitation, those relating to the discount rate or to other fees and charges payable by

Merchant by mailing written notice to Merchant of the amendment at least thirty (30) days prior to the effective date of the amendments , and the amendment will become effective unless Bank

or ETS CORPORATION receives Merchant's notice of termination of this Agreement before such effective date . Amendments required due to changes in either Card Association 's rules and

regulations or any law or judicial decision may become effective on such shorter period of time as Bank may specify if necessary to comply with the applicable rule , regulation, law or

decision.

5.10 Warranty Disclaimer. ETS CORPORATION MAKES NO WARRANTIES REGARDING THE USE, OPERATION OR PERFORMANCE OR NON-PERFORMANCE OF SOFTWARE AND

SYSTEMS UTILIZED FOR THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, AND ETS CORPORATION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES,

INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

5.11 Limitation of Liability. Bank's and ETS CORPORATION’s liability with respect to any Card Transaction may not exceed the amount of the Sales Draft in connection with that Transaction less

any applicable fees and charges. Bank and ETS CORPORATION is not liable for any incidental or consequential damages whatsoever . Merchant waives all claims against Bank and

ETS CORPORATION for any loss, claim, demand, penalty, action, delay, cost or expense ( including reasonable attorneys’ fees) of any kind unless Merchant provides written notice to ETS

CORPORATION or Bank of the occurrence that gave rise to the alleged liability within 30 days after Merchant knew or should have known of the occurrence. Merchant will indemnify and

hold Bank and ETS CORPORATION harmless from any claim relating to any Sales Draft paid for by Bank as may be made by anyone by way of defense , dispute, offset, counterclaim or

affirmative action, or for any damages of or losses that Bank or ETS CORPORATION may incur as a result of Merchant 's breach of this Agreement. Further, Merchant will reimburse Bank or

ETS CORPORATION for all expenses and costs, including attorneys' fees, with regard thereto.

5.12 Waiver. Failure by Bank or ETS CORPORATION to enforce one or more of the provisions of this Agreement will not constitute a waiver of the right to enforce the same or other provision in the

future.

5.13 Written Notices. All written notices and other written communications required or permitted under this Agreement will be deemed delivered immediately when hand -delivered or sent via

facsimile and the sender obtains a fax confirmation receipt, and upon mailing when sent first class mail, postage prepaid, addressed as follows:

(a) ETS CORPORATION, 10 Pidgeon Hill Drive, Suite 200, Sterling, VA 20165

(b) Bank: Merrick Bank Corporation, 10705 South Jordan Gateway, Suite 200, South Jordan, UT 84095, Attn: SVP of Merchant Services, Facsimile: (516)576-8741;

(c) If to Merchant: At the facsimile number or address provided as the billing address and to the contact listed on the Merchant Application .

5.14 Choice of Law; Jurisdiction. Utah law governs this Agreement. Any claim or cause of action arising out of this Agreement against Bank must be initiated and maintained exclusively in the state

or federal courts located in Salt Lake County, Utah.

5.15 Entire Agreement; Assignability. This Agreement expresses the entire understanding of the parties with respect to the subject matter hereof and except as provided herein , may be modified only

in writing executed by Bank and ETS CORPORATION and Merchant . This Agreement may not be assigned, directly or by operation of law, without Bank’s and ETS CORPORATION’s

prior written consent. This Agreement will be binding upon and inure to the benefit of the parties ' respective heirs, personal representatives, successors and assigns.

5.16 Deposit Account. Merchant will at all times maintain an Account at a bank that is a member of the Federal Reserve ACH system and will provide Bank and ETS CORPORATION with proper

authorization to debit the Account. All credits for collected funds and debits for fees, payments and Chargebacks and other amounts for which Merchant is liable under the terms of this

Agreement will be made to the Account. Merchant may not close or change the Account without written notice to Bank and ETS CORPORATION . Merchant will be solely liable for all fees

and costs associated with the Account and for all overdrafts . Merchant hereby grants to Bank and ETS CORPORATION a security interest in the Account to the extent of any and all fees ,

payments and Chargebacks and other amounts due which may arise under this Agreement , and Merchant will execute any document and obtain any consents or waivers from the bank at

which the Account is maintained as requested by Bank and ETS CORPORATION to protect its security interests therein .

5.17 Credit and Financial Inquiries; Additional Locations; Inspections. Bank or ETS CORPORATION may make, at any time, any credit inquires which it may consider necessary to accept or

review acceptance of this Agreement or investigate Merchant 's deposit or Card acceptance activities subsequent to acceptance of this Agreement . Such inquiries may include, but are not

limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Bank’s or and ETS CORPORATION’s

request, Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any

financial statements, income tax and business tax returns and other financial information as Bank or ETS CORPORATION may consider necessary to perform initial or periodic reviews of

Merchant's financial stability and business practices. Merchant may accept Cards only at locations approved by Bank or ETS CORPORATION . Additional locations may be added, subject

to Bank's or ETS CORPORATION’s approval. Any party to this Agreement may delete any location by providing notice as provided herein . Merchant will permit Bank or ETS

CORPORATION, at any time and from time to time, to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities ,

equipment, inventory, records and license or permit (where necessary) to conduct its business. However, nothing in this paragraph may be deemed to waive Merchant's obligation to

comply in all respects with the terms of this Agreement. Bank or ETS CORPORATION, its internal and external auditors, and its regulators may audit compliance with this Agreement ,

compliance with federal and state laws, rules, regulations and guidance applicable to the services, Card acceptance and Transaction processing, and data security provisions, including Card

Association compliance. Merchant will make available its records maintained and produced under this Agreement , and Merchant’s facilities will be made accessible, upon notice during

normal business hours for examination and audit. Nothing in this section may be construed to require Merchant to give access to its facilities, personnel or records in a manner that

unreasonably interferes with its business operations. Each party will bear its expenses of any audit.

5.18 Marketing of Non-Bankcard Services. From time to time, Bank may offer to Merchant certain additional products and services which may or may not be related to the processing of credit card

Transactions. If such offers are made, Merchant may decline the offers or be deemed to have accepted the offers and be liable for payment therefore .

5.19 Force Majeure. The parties will be released from liability hereunder if they fail to perform any obligation where the failure occurs by reason of any act of God, fire, flood, storm, earthquake, tidal

wave, communications failure, sabotage, war, military operation, terrorism, national emergency, mechanical or electronic breakdown, civil commotion or the order, requisition, request or

recommendation of any governmental authority, or either party’s compliance therewith, or governmental regulation, or priority, or any other similar cause beyond either party’s reasonable

control.

5.20 No Third Party Beneficiary. No other person or entity may be deemed to be a third party beneficiary of this Agreement .


Date: May 14, 2015 Resolution No.: R-2775-15 To: Mayor and Board of Aldermen From: Jim Melvin, Interim Public Works Director Department Head Approval: Finance Director Approval: _____(only if funding is requested) City Administrator Approval:

Action Requested: Approve a resolution amending the Transportation Sales Tax Fund budget to allocate $90,000.00 from unbudgeted reserves for Transportation Sales Tax in an amount not to exceed $90,000.00. Analysis: During the budget process the Public Works Department planned to purchase salt in an amount of approximately $50,000.00. Earlier in 2014, but in this budget year, Staff was granted approval to expend up to $42,000.00 and that amount was expended. The fiscal year 2014-2015 budget did not contain sufficient funds to address the 23 days when staff applied salt to the City streets. Salt was purchased from Kansas City, Missouri to an amount of $45,597.75, and a total of 825 tons and exceeded the budgeted funds by approximately $38,000.00. Currently, the salt storage barn contains only about 800 tons of salt. The capacity of the barn is approximately 1600 tons. During the winter when salt was needed staff was only able to obtain smaller amounts of salt, and at a much higher rate. KCMO sold Raytown salt at the rate of $55.27 per ton. When purchased during the winter, the best price we could obtain from other sources was $85.00 per ton. Staff would like to have additional funds available to purchase enough salt to fill the storage barn prior to winter. The total needed to pay KCMO and fill the salt barn is $90,000.00 assuming a price of $65.00 per ton. If salt is bid in May or June, a $65.00/ton price could be expected. Beginning in November, salt may not be available in any quantity and none available for less than $85.00/ton. Funding is available from unbudgeted reserves. Staff recommends that the budget be amended to reflect an additional $90,000.00. Budgetary Impact:

Not Applicable Funds subject to appropriation of the Budget Budgeted item with available funds

Amount: $90,000.00 Department: Public Works Fund: Transportation Sales Tax

Additional Reports Attached: Invoice from Kansas City, MO.


A RESOLUTION AMENDING THE FISCAL YEAR 2014-2015 BUDGET RELATED TO SALT PURCHASES

WHEREAS, pursuant to Resolution R-2711-14, the fiscal year 2014-2015 budget was approved; and

WHEREAS, it is necessary to reappropriate funds and amend the fiscal year 2014-2015

budget relating to the purchase of salt; and WHEREAS, the Board of Aldermen find it is in the best interest of the City of Raytown to

reappropriate the funds and amend the fiscal year 2014-2015 budget;


THAT the Fiscal Year 2014-2015 Budget approved by Resolution R-2711-14 is hereby amended by increasing the budget for salt purchases by adding an additional $90,000.00 of purchasing authority; and

FURTHER THAT the City Administrator is hereby authorized to execute all documents

necessary to this transaction and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of

the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: ____________________________ Teresa M. Henry, City Clerk Approved as to Form: ________________________________ Joe Willerth, City Attorney

V:\Board of Aldermen Meetings\Agendas\Agendas 2015\05-19-15\Reso Maher Oil 2015 RBA.doc


Date: May 14, 2015 Resolution No.: R-2776-15 To: Mayor and Board of Aldermen From: Jim Melvin, Interim Director of Public Works Department Head Approval: Finance Director Approval: (only if funding is requested) City Administrator Approval:

Action Requested: Authorize the purchase of motor vehicle fuel from Maher Oil Company. Total purchases will exceed $15,000.00, but will not exceed fiscal year 2014-2015 budgeted amounts. Recommendation: Staff recommends approval. Analysis: The City of Raytown was purchasing fuel from Maher Oil Company utilizing a cooperative purchasing contract administered by Kansas City, MO. The Kansas City, Missouri, contract provided the City of Raytown favorable pricing, but does not provide as favorable pricing as the contract recently awarded by Olathe, Kansas. The Olathe contract provides more favorable pricing associated with the combined purchasing power of the City of Olathe, City of Overland Park, and other cities. The Olathe contract prices are $0.03 per gallon less than the Kansas City, MO, contract. Total expenditures with Maher Oil Company in the previous fiscal year were $285,017.00 and Staff anticipates a similar, but slightly lower expense this year. Fiscal year 2014-2015 budgeted amounts for all City departments and the Fire Department totals $301,719.00. The Fire Department is budgeted for an expense of $28,000.00 which the Fire Department reimburses the City for the expense; therefore, the actual City budgeted expenses are $273,719.00. Staff recommends that Raytown purchase fuel from Maher Oil Company using the Olathe contract. Alternatives: Direct staff to seek a stand-alone contract based on the City of Raytown needs. Budgetary Impact:

Not Applicable Budgeted item with available funds Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested

Additional Reports Attached: Cooperative Purchase Contract with the City of Olathe, KS, for comparison and cooperative purchase contract with Kansas City, MO.


V:\Board of Aldermen Meetings\Agendas\Agendas 2015\05-19-15\Reso Maher Oil 2015.doc

A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF FUEL FROM MAHER OIL COMPANY WITHIN BUDGETED AMOUNTS FOR THE FISCAL YEAR 2014-2015 OFF THE CITY OF OLATHE, KANSAS COOPERATIVE PURCHASE CONTRACT

WHEREAS, the City of Raytown purchases diesel and gasoline fuel for use and operation of various vehicles owned and operated by the City; and

WHEREAS, the City of Raytown in the adoption of its purchasing policy has approved the practice of purchasing equipment and supplies from competitive bids awarded by other governmental entities through a competitive bidding process; and

WHEREAS, the City of Olathe, Kansas has competitively bid the purchase of diesel and gasoline fuel and has determined Maher Oil Company to be the most competitive bid; and

WHEREAS, the cost of fuel anticipated to be purchased for such purposes from Maher

Oil Company is anticipated to exceed $15,000.00 during Fiscal Year 2014-2015; and WHEREAS, the City of Raytown finds it is in the best interest of the citizens of the City of

Raytown to authorize and approve the purchase of fuel from Maher Oil Company in excess of $15,000.00 but within budgeted amounts for Fiscal Year 2014-2015 off the City of Olathe, Kansas cooperative purchase contract;


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the purchase of fuel from Maher Oil Company in excess of $15,000.00 but within

budgeted amounts for Fiscal Year 2014-2015 off the City of Olathe, Kansas cooperative purchase contact is hereby authorized and approved; and

FURTHER THAT the City Administrator and/or his designee is authorized to execute all documents necessary to these transactions and the City Clerk is authorized to attest thereto.

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of

the City of Raytown, Missouri, the 19th day of May, 2015. __________________________________ Michael McDonough, Mayor ATTEST: Approved as to Form: ____________________________ __________________________________ Teresa M. Henry, City Clerk Joe Willerth, City Attorney

Location Product 2014 gallons DeliveriesAVERAGE DELIVERY

NEW KCMO MARGIN

NEW KCMO TOTAL MARKUP

OLATHE MARGIN

OLATHE TOTAL MARKUP

MAHER'S KCMO BID MARGIN

MAHER'S BID TOTAL MARKUP

CITY OF RAYTOWN GAS 55374 0.0425 $2,353.40DSL 25265 0.045 $1,136.93

TOTAL 80639 20 4032 0.155 12499.045 0.0622 5015.7458

RAYTOWN PARK GAS 2291 0.35 $801.85DSL 1167 0.37 $431.79

TOTAL 3458 9 384 0.2975 1028.755 0.1022 353.4076

TOTAL $13,527.80 TOTAL $5,369.15 TOTAL $4,723.96

EV1848 - Gasoline, Alternative, Diesel, and Kerosene Products and Related Services I. Instructions and Conditions Point Value: 0

1. PURPOSE The City of Kansas City, Missouri ("City") invites you to submit a proposal for the selection of a provider of Gasoline, Alternative, Diesel, and Kerosene Products and Related Services 2. DUE DATE FOR PROPOSALS Proposers shall submit Proposals to the City Contact Person listed in Section 3 by 11:59 p.m. (CT) on 03-05, 2015 March 5, 2015 Thursday. 3. CITY CONTACT PERSONS (a) General Questions and Proposal Submissions Proposers shall submit their Proposal and any general questions or issues about any aspect of this RFP to the following City Contact person: Ronnell Simpson, Sr Senior Buyer Procurement Services Division City Hall, 1st Floor, Room 102 W

414 E. 12th Street, Kansas City, Missouri 64106 Office: (816) 513-0805 Fax: (816) 513-1066 E-mail: [email protected] (b) Technical Questions Proposers shall submit any technical questions about any aspect of this RFP to the following City Contact person with a carbon copy to the City Contact person listed in subsection (a): Tina Perrault Fuel Administrator Central Fleet General Services 1901 Brooklyn Kansas City, MO 64127 Office: (816) 513-4806 Fax: (816) 513-4849 E-mail: [email protected] 4. DEFINITIONS

• This Request for Proposals ("RFP" or "solicitation") is an invitation by the City for Proposers to submit an offer, which may be subject to subsequent discussions and negotiations by the City and the Proposer. It is not a request for a competitive bid.

• "Proposal" means any document, submittal, interview, presentation, discussion, negotiation, and everything and anything provided in response to this RFP regardless whether the submission is an oral or written submission.

• By submitting a proposal to the City, Proposer agrees that the Proposer does not obtain any right in or expectation to a contract with the City or a vested interest or a property right in a contract with the City regardless of the amount of time, effort and expense expended by Proposer in attempting to obtain a written executed contract with the City that complies with Section 432.070, RSMo, the City Charter and City ordinances.

5. ESTIMATED SCHEDULE

• RFP Issued:

mailto:[email protected]

• Pre-Proposal Meeting: February 20, 2015 @ 10:00 a.m. • Deadline for questions • Due Date for Proposals: March 3-05-2015 11:59 PM • Notification of shortlisted firms • Interviews if deemed necessary • Selection/Negotiation • Ordinance Introduction if necessary • Council approval if necessary • Contract start date: May 1, 2015

The listed dates in the "Estimated Schedule" are tentative. The City reserves the right to change or extend any and all dates including the due date for proposals for any reason at any time including after the due date for proposals. Pre-Proposal Meeting Place: Kansas City City Hall 414 E. 12th Street Kansas City, MO 64106 1st Floor- West Side Conference Room 6. RFP DOCUMENTS This RFP consists of the following sections: 1. Instructions & Conditions 2. Special Instructions & Conditions 3. Specifications-Scope of Service 4. Fuel Locations & Usage 5. Required Documentation 6. Pricing Page 7.EXAMINATION OF ALL RFP DOCUMENTS AND REQUIREMENTS

• Each Proposer shall carefully examine all RFP documents and thoroughly familiarize themselves with all RFP requirements prior to submitting a proposal to ensure that Proposer's Proposal meets the intent of this RFP.

• Before submitting a Proposal to the City, each Proposer shall be responsible for making all investigations and examinations that are necessary to ascertain any and all conditions and requirements that affect the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the Proposer from Proposer's obligation to comply, in every detail, with all provisions and requirements of the RFP.

• By submitting a Proposal to the City, Proposer certifies that Proposer has provided the City with written notice of all ambiguities, conflicts, mistakes, errors or discrepancies that Proposer has discovered in the RFP, the Proposed Contract, Scope of Services and any other document. By executing a Contract with the City, Proposer certifies that Proposer communicated to City all ambiguities, conflicts, errors or discrepancies that it has discovered in the RFP, the Proposed Contract, Scope of Services and any other document and that written resolution thereof by the City as embodied in the final Contract is acceptable to Proposer.

8. QUESTIONS AND CLARIFICATIONS ABOUT THIS RFP

• Question Deadline -February 24, 2015 @ 10:00a.m. o Proposers may submit written questions, request clarifications or provide notice to the

appropriate City Contact person listed in Section 3 of any ambiguities, conflicts, mistakes, errors or discrepancies that Proposer has discovered in the RFP, the Proposed Contract, Scope of Services and any other solicitation document at any time until one (1) week prior to the due date for proposals.

o The City will answer all inquiries by any Proposer in writing. If any inquiry results in a change in the RFP, the City will issue an Addendum and the Addendum will be on the City's website. It is the responsibility of Proposers to check and City's website for addenda. http://www.kcmo.gov

• Questions - Post Deadline o If a Proposer discovers any ambiguities, conflicts, mistakes, errors or discrepancies

after the deadline for questions and clarifications or after the proposal due date, Proposer shall immediately submit the ambiguity, conflict, mistake, error or discrepancy to the appropriate City Contact person listed in Section 3. The City, in its sole discretion, shall determine the appropriate response to any issue raised by any Proposer.

9. SUBMISSION OF PROPOSALS All proposal documents must be submitted in the exact order as listed in the City RFP.

http://www.kcmo.gov/

• The City uses RFP365 for the electronic distribution and submission of this RFP's responses. • Respondents will prepare their answers and upload completed forms in this electronic

platform. Respondents can prepare responses to RFP questions that include: o Formatted text, using the formatting options in the text editor o Uploaded files, including completed forms and supporting documentation. Use the

paperclip icon in the text editor to upload a file. o Embedded images. Thumbnails of images can be uploaded into the text, resized, and

placed using the controls through picture frame icon in the text editor. o Links to external website which are publicly available.

• Respondents using the RFP365 platform can add internal team members to help in the preparation of their responses. By clicking on the Users page through the drop-down under your name in the upper right-hand corner, you can invite team members to collaborate on responses.

• Users of this platform must have an internet connection and can user browsers including: Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Internet Explorer 9 or newer. Users on old versions of browsers which are not supported by this application will be warned at the login screen that they are using an unsupported browser. Google Chrome and Mozilla Firefox are free browsers and can be installed on the uses computer at no charge.

• Users of RFP365 can send and receive messages to the RFP owner by using the messaging feature in the top-right corner of this RFP screen. Messages will be responded to accordingly and an email of any message will be copied to the respondent point of contact.

• Each response can be assigned to users of the respondent's team. They can set internal due dates and manage the progress inside of the RFP365 platform.

• Only complete and approved responses can be submitted. • Submission after the due date at midnight (Central time) is not allowed. • Technical support for this application is available at [email protected].

10.CONTENT OF PROPOSAL In the subsequent sections of this proposal, respondents will be required to prepare answers to various questions. These sections include: Proposal Part I - Business/Firm Profile and Legal Structure Proposal Part II - Experience Proposal Part III - Personnel Proposal Part IV - Project Approach Proposal Part V - Sustainability Proposal Part VI - Cost Proposal Proposal Part VII - Other Required Documents

11. EVALUATION CRITERIA

• Any evaluation criteria or weighting of criteria is used by the City only as a tool to assist the City in selecting the best proposal for the City. Evaluation scores or ranks do not create any right in or expectation to a contract with the City regardless of any score or ranking given to any Proposer by the City. In other words, even if the City gives a Proposer the highest rank and highest score, the Proposer still has no expectation of a contract with the City and the City may choose to contract with any other Proposer regardless of the score or rank of the other Proposer.

• The City may change criteria and criteria weights at any time including after the due date for proposals.

12. INTERVIEWS The City, in its sole discretion, may interview none, one, some or all of the Proposers who submit proposals. 13. DISCUSSIONS AND NEGOTIATIONS The City, in its sole discretion, may do any or all of the following:

• evaluate Proposals and award a contract with or without discussions or negotiations with any or all of the Proposers;

• discuss and negotiate anything and everything with any Proposer or Proposers at any time; • request additional information from any or all Proposers; • request a Proposer or Proposers to submit a new Proposal; • request one or more best and final offers from any or all Proposers; • accept any Proposal in whole or in part; • require a Proposer to make modifications to their initial Proposals; • make a partial award to any or all Proposers; • make a multiple award to any or all of Proposers; • terminate this RFP, and reissue an amended RFP.

14. PROPOSAL MUST REMAIN FIRM IRREVOCABLE OFFER TO CITY FOR 90 DAYS

• By submitting a proposal to the City, Proposer agrees that Proposer's Proposal shall constitute a firm irrevocable offer to the City that Proposer shall not withdraw or modify without the City's approval for ninety (90) days after the proposal due date. Proposer agrees that even if the City negotiates or makes a counter offer to Proposer on Proposer's original Proposal or any subsequent Proposal submitted by Proposer to the City, Proposer hereby grants to the City, in the City's sole discretion, the unconditional right for the City to accept Proposer's original Proposal and the City's negotiation or counter offer shall not be deemed to be a counter offer.

• After ninety (90) days, the City can accept any proposal or subsequent proposals from any Proposer with the consent of the Proposer at any time and regardless of the length of time that has passed from the proposal due date.

15. SELECTION The City will select the proposal that in the City's sole judgment the City determines to be the best Proposal. Section 432.070, RSMo requires the City to have a written executed contract signed by both parties prior to anyone performing services or providing any goods, supplies, materials or equipment to the City. The written executed contract must also comply with the City Charter and City Ordinances. This means that a proposer does not have a contract with the City until a written contract is executed. A contract is executed when all of the following have occurred: (1) the City Council authorizes the execution of a contract with the Proposer (if City Council approval is requested by City staff or is required by City Ordinance); (2) persons with actual authority to bind both the City and the Proposer execute the contract; (3) the contract is approved by the Law Department; (4) the City issues a purchase order to the Contractor with the Director of Finance's certification of availability of funds for the contract; and (5) any other required step. A Proposer does not have a contract with the City until all the steps are completed. If the City does not complete all required steps, there is no contract between the City and the Proposer and the City has absolutely no contractual or financial obligation to any Proposer regardless of the amount of time, effort and money spent by the Proposer responding to the RFP and attempting to negotiate and obtain a contract with the City. 16. REJECTION OF PROPOSALS The City reserves the unconditional right to reject any or all proposals received in response to this RFP at any time prior to the City executing a contract that meets the requirements of Section 432.070, RSMo, the City Charter and all applicable City Ordinances.

17. WAIVER OF ORDINANCES, REGULATIONS AND RFP REQUIREMENTS

• The City, at any time, may waive any requirements imposed in this RFP or by any City regulation.

• The City may waive any requirement imposed by the City's Code of Ordinances when failure to grant the waiver will result in an increased cost to the City and the requirement waived would be waived for all Proposers for this RFP and it is in the best interest of the City to grant the waiver.

18. LATE PROPOSALS The City, in its sole discretion, may consider proposals received by the City after the proposal due date. 19. CHANGES IN THE RFP

• After this RFP is issued, the City, in its sole discretion, may change everything or anything contained in this RFP at any time including after the Proposal due date. If the change is prior to the proposal due date, the City reserves the right, when considered necessary or appropriate, to modify this RFP.

• If the City shall amend the RFP after the proposal due date, the City may, in its sole discretion, solicit new proposals in an amended RFP from anyone or everyone regardless whether a person submitted a proposal in response to the original RFP.

20. CHANGES IN EXECUTED CONTRACT AND ADDITIONAL WORK

• After the City executes a contract in accordance with the requirements of Section 432.070, RSMo, the City Charter and City Ordinances, the City may, in its sole discretion, amend the contract to change anything or everything associated with the contract as long as such change is in the interest of the City and as long as the Contractor agrees to the change.

• The City, in its sole discretion, may award additional contracts for related work or subsequent Project phases to the selected Contractor.

• The City, in its sole discretion, may extend the term of the contract with the selected Contractor notwithstanding the expiration of the initial term or any subsequent term or all

options to renew, until the City has a new contract in place with either Proposer or another provider or until the City terminates the Contract.

21. PROPOSER SOLELY RESPONSIBLE FOR ALL COSTS Regardless of the amount of time, effort, cost and expense incurred by a Proposer in Proposer's attempt to win this City contract, Proposer agrees that Proposer shall be solely responsible and liable for any and all costs incurred by Proposer. The City shall have no liability or responsibility for any of Proposer's costs or expenses. 22. OWNERSHIP OF PROPOSALS By submitting its Proposal, Proposer hereby agrees that Proposer's Proposal and any supplementary material submitted by the Proposer shall become property of the City. 23. DISCLOSURE OF PROPRIETARY INFORMATION

• A Proposer may attempt to restrict the disclosure of scientific and technological innovations in which the Proposer has a proprietary interest, or other information that is protected from public disclosure by law, which is contained in the Proposal by marking each response of each such document prominently with the words "Proprietary Information";

• After either a contract is executed pursuant to the RFP, or all submittals are rejected, if access to documents marked "Proprietary Information", as provided above, is requested under the Missouri Sunshine Law, the City will notify the Proposer of the request, and it shall be the burden of the Proposer to establish that such documents are exempt from disclosure under the law.

• If the Proposer elects to challenge a formal request for such information made to the City and if the Proposer is unsuccessful in keeping such information closed, the Proposer shall pay for any and all costs, attorney fees and fines that are a result of Proposer's attempt to keep the information closed.

• Notwithstanding the foregoing, in response to a formal request for information, the City reserves the right to release any documents if the City determines that such information is a public record pursuant to the Missouri Sunshine Law. The City shall have no liability to any Proposer or anyone else for releasing any Proprietary Information of a Proposer even if the City is negligent in releasing or disclosing any Proprietary Information of any Proposer.

24. CLOSED RECORDS All Proposals including interviews, presentations and documents, and meetings relating thereto may remain closed records or meetings under the Missouri Sunshine Law until a contract is executed or until all Proposals are rejected by the City. If the City amends this RFP, Proposals submitted in response to the original RFP may remain closed records until a contract is executed or all proposals submitted in response to the amended RFP are rejected. Proposals shall remain closed records even if the City mistakenly informs all Proposers that it is rejecting any and all Proposals prior to amending the RFP as long as the City intends to amend the RFP and resolicit Proposals. 25. AFFIRMATIVE ACTION It is the policy of the City that any person or entity entering into a contract with the City, will employ applicants and treat employees equally without regard to their race, color, sex, religion, national origin or ancestry, disability, sexual orientation, gender identity or age. The City's Affirmative Action ordinance requires that any person or entity who employs fifty (50) or more persons and is awarded a contract from the City totaling more than $300,000.00 must:

• Execute and submit an affidavit, in a form prescribed by the City, warranting that the Contractor has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the contract.

• Submit, in print or electronic format, a copy of the Contractor's current certificate of compliance to the City's Human Relations Department (HRD) prior to receiving the first payment under the contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years. If, and only if, Contractor does not possess a current certification of compliance, Contractor shall submit, in print or electronic format, a copy of its affirmative action program to HRD prior to receiving the first payment under the contract, unless a copy has already been submitted to HRD at any point within the previous two (2) calendar years.

• Require any Subcontractor awarded a subcontract exceeding $300,000.00 to affirm that Subcontractor has an affirmative action program in place and will maintain the affirmative action program in place for the duration of the subcontract.

• Obtain from any Subcontractor awarded a subcontract exceeding $300,000.00 a copy of the Subcontractor's current certificate of compliance and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed. If, and only if, Subcontractor does not possess a current certificate of compliance, Contractor shall obtain a copy of the Subcontractor's affirmative action program and tender a copy of the same, in print or electronic format, to HRD within thirty (30) days from the date the subcontract is executed

If you have any questions regarding the City's Affirmative Action requirements, please contact HRD at (816) 513-1836 or visit the City's website: www.kcmo.gov 26. TAX CLEARANCE FOR CITY Prior to the City making the first payment under any contract or contract renewal term, Contractor must provide a tax clearance letter from the City's Commissioner of Revenue dated not more than ninety (90) days from the date of submission. Proposers may obtain this tax clearance letter from the City's Revenue Division at (816) 513-1135 or (816) 513-1089. http://www.kcmo.gov 27. INDEMNIFICATION The City's standard contract requires that the Contractor shall indemnify, defend and hold harmless the City and any of its agencies, officials, officers, or employees from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from any acts or omissions in connection with the contract, caused in whole or in part by Contractor, its employees, agents, or Subcontractors, or caused by others for whom Contractor is liable, including negligent acts or omissions of the City, its agencies, officials, officers, or employees. The contract requires Contractor to obtain specified limits of insurance to insure the indemnity obligation. Contractor has the opportunity to recover the cost of the required insurance in the Contract Price by including the cost of that insurance in the Proposal. 28. BUY AMERICAN AND MISSOURI PREFERENCE POLICIES

• Buy American Preference. It is the policy of the City that any manufactured goods or commodities used or supplied in the performance of any City contract or any subcontract thereto shall be manufactured or produced in the United States whenever possible. When proposals offer quality, price, conformity with specifications, term of delivery and other conditions imposed in the specifications that are equal, the City shall select the proposal that uses manufactured goods or commodities that are manufactured or produced in the United States.

• Buy Missouri Preference. It is the policy of the City to give preference to all commodities manufactured, produced, or grown within the State of Missouri and to all firms, corporations, or individuals doing business as Missouri firms, corporations, or individuals, when the quality



is equal or better and delivered price is the same or less. It is the Proposer's responsibility to claim these preferences.

29. MISSOURI SECRETARY OF STATE BUSINESS ENTITY REGISTRATION Prior to execution of a contract with the City, the apparent successful Proposer must submit a current copy of Proposer's Certificate of Good Standing from the Missouri Secretary of State's website. http://www.sos.mo.gov 30. CITY OF KANSAS CITY MISSOURI BUSINESS LICENSE Prior to execution of a contract with the City, the apparent successful Proposer must submit a current copy of Proposer's valid business license. Proposers may obtain this business license from the City's Revenue Division/Business License section at (816) 513-1135 or visit the City's website. http://www.kcmo.gov 31. PROHIBITED ACTIVITIES BY FORMER CITY EMPLOYEES AND OFFICIALS Section 2-1018 of the City's Code prohibits former elected City officials and former executive or administrative employees of the City from trying to influence a decision of the City on behalf of an employer or client for one (1) year after that former employee or official leaves the City's employ. By submitting a Proposal, Proposer affirms that Proposer and its team members and employees are in compliance with the requirements of Section 2-1018. Failure to comply with the requirements of Section 2-1018 may cause the Proposal to be rejected. 32. EMPLOYEE ELIGIBILITY VERIFICATION If this contract exceeds five thousand dollars ($5,000.00), Supplier shall execute and submit an affidavit, in a form prescribed by the CITY, affirming that Supplier does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). Supplier shall attach to the affidavit documentation sufficient to establish Supplier's enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986. Supplier may obtain additional information about E-Verify and enroll at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES.

http://www.sos.mo.gov/


https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

For those Suppliers enrolled in E-Verify, the first and last pages of the E-Verify Memorandum of Understanding that Supplier will obtain upon successfully enrolling in the program shall constitute sufficient documentation for purposes of complying with this section. Supplier shall submit the affidavit and attachments to the CITY prior to execution of the contract, or at any point during the term of the contract if requested by the CITY. The affidavit is found under Section IV - Attachments and Exhibits. 33. COOPERATIVE PROCUREMENT WITH OTHER JURISDICTIONS Proposer must acknowledge acceptance or decline by returning the form found under Section VII - Cooperative Procurement Form. 34. RENEWAL OPTION

• The period of performance under the contract is for one (1) year with a contractual right on the part of the City to extend this price for (five) -one additional years.

• The continuation of the incumbent Supplier in the option year(s) is a prerogative of the Buyer and is not a contractual right of the Supplier. The Buyer's decision as regards exercising the option(s) is not subject to appeal.

35. EMERGENCIES (a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in, or has the potential to result in a significant loss of life or property. (b) During and after a disaster, Supplier shall provide special services to the City including Supplier shall open Supplier's facilities even on nights and weekends as necessary to meet the needs of the City during a disaster. (c) Supplier shall not charge City any fee for opening facilities during an emergency or for extending Supplier's hours of operation during a disaster. City shall pay Supplier the agreed upon contract prices for all purchases made by City during the disaster and Supplier shall not charge City any additional mark-up, fee or cost for any purchases made by City during a disaster. (d) Supplier shall quickly mobilize Supplier's internal and external resources to assist City when a disaster unfolds.

(e) Extended hours and personnel. During disasters, Supplier's facilities shall stay open 24 hours if requested by the City. Supplier shall utilize additional Supplier personnel to take City orders if necessary. Supplier's Call Center shall accept phone orders 24 hours a day. (f) Supplier shall have contingency plans with Supplier's suppliers to provide additional supplies and equipment quickly to City as needed. (g) Supplier shall cooperate with City to properly document any and all expenses incurred by City with Supplier and Supplier shall assist City in meeting any and all documentation requirements of the Federal Emergency Management Agency (FEMA).

1. Have you read the above Instructions and Conditions? Priority: 3. Response Type: Choose from a list. True/False. Comment? yes

II. Special Instruction and Conditions Point Value: 35

INTENT To solicit competitive bids for Fuels - Alternative, Gasoline, Diesel, and Kerosene products and services, for the City of Kansas City Missouri and Kansas City Police Department-(KCPD) and the following participating Ordering Agencies: 1) City of Grandview, MO 2) City of Independence, MO 3) City of Lee's Summit, MO 4) City of Raytown, MO 5) Jackson County, MO 6) Little Blue Valley Sewer District, Independence, MO 7) Unified Gov't. of Wyandotte County, Kansas City, KS For purposes of this Solicitation, the seven (7) Ordering Agencies and the City of Kansas City MO & Kansas City Police Department - (KCPD) shall collectively be referred to as "AGENCY" in this Solicitation. 2. FUEL PRODUCT PURCHASES

AGENCY shall purchase fuel products as needed as described in the Scope of Services using either Rack Pricing for delivery of a specific amount on a particular day based on the daily spot market price at a fixed terminal plus a pre-determined markup (Margin Above Rack) or fixed pricing for delivery of a specific amount for specific month(s) in the future. If the fixed-future pricing method is selected, a separate Futures Contract specifying the quantity, unit price, and length of time will be executed by the Parties for each futures transaction. Rack-Priced fuels shall be at the daily lowest Branded or Unbranded cost available. 3. "MARGIN ABOVE RACK" PRICING 3.1 Prices quoted shall be firm and fixed for the term of the contract. 3.2 Supplier pricing is divided into these categories: Tank Wagon, Transport, Drum and Gallons. Pricing shall be provided as follows: 3.2.1 The cost provided will be the "Margin Above Rack" delivered price, to include any and all freight and surcharge fees, for the specifically referenced fuel product per gallon, as required on Appendix pages J, K, and L. Per unit prices for Taxes, Fees, Dyes, Fuel Additives, Split-Load, Split-Delivery, Discount for Prompt Payment shall be the same price for both Transport and Tank Wagon loads. 3.2.2 The cost provided will be the "Margin Above Rack" delivered price markup for the incremental "rack" price above $5.00 per gallon, as requested on Appendix page M. Cost provided will be only the upcharge on "Margin Above Rack". 3.2.3 The cost provided will be the per fuel gallon treat rate percentage markup/discount against the manufacturer's "KCMO List Pricing" for Non-Pipeline Terminal Customer Specific Fuel Additives as required on Appendix pages J, K, 3.2.4 Pipeline Terminal, Federal, State imposed taxes and fees, as listed and shown on Appendix pages J and K, shall be fixed cost to be passed-on to the AGENCY at time of invoicing. Federal "Leaking Underground Storage Tank" (LUST) fee, "Missouri Underground Storage Tank" (MUST) fee, Missouri Inspection Fee, Kansas Inspection Fee, Oil Spill Fee, Missouri and Kansas State "On-Road" Tax.

3.2.5 The cost provided for drummed K-1 Kerosene will be the markup on the Supplier's cost of the product and the drum deposit. Drums shall be in good condition and suitable for storing Kerosene fuel. The Agency shall be fully refunded the drum deposit, on return of good condition drums, as requested on Appendix page L. 3.2.6 Split-Load cost provided will be the per load cost, as requested on the Appendix pages J and K. Split-Load is defined as fuels loaded from two (2) independent Pipeline Terminals or single Pipeline Terminal and Supplier's bulk storage tank. 3.2.7 Split-Delivery cost provided will be the per load cost, as requested on the Appendix pages J and K. Split-Delivery is defined as fuel product delivered to different AGENCY locations (with a different address) from the same load. 3.2.8 The Supplier shall be responsible for filing all applicable taxes and credits such as, but not limited to, alternative fuel credits and Federal Excise tax, to be passed-on to the AGENCY at time of invoicing. 3.2.9. Discount for Prompt Payment: Supplier shall state discount offered for payments received within ten (10) calendar-days from the date of delivery or from the date of re-issued corrected invoice. Prompt payment discounts apply only to Pipeline Terminal fuels. 3.3 Supplier shall be established to buy Branded and Unbranded fuels from Supplier/Racks at these Pipeline Terminals within the Kansas City, Missouri metropolitan market to include: Magellan Pipeline, 401 E. Donavan Road, Kansas City, KS Magellan Pipeline, 13745 W/ 135, Olathe, KS Sinclair Pipeline, 3401 Fairbanks, Avenue, Kansas City, KS Phillips Pipeline, 2029 Fairfax Trafficway, Kansas City, KS 3.3.1 Supplier will be required to provide daily spot market Pipeline Terminal Supplier/Rack prices for fuel only (no taxes or fees or surcharges) to the Ordering Agency electronically (E-mail) or fax or access to free of charge reporting service. Supplier/Rack pricing shall include Branded and Unbranded pricing from ALL Suppliers/Racks within the Kansas City, Missouri metropolitan market. E-mailed or faxed pricing shall be provided daily or with invoice, per the request of Ordering Agency. 3.3.1.1 Supplier shall include in their proposal Supplier/Rack Price Sheet for ALL racks within Kansas City, Missouri metropolitan market, between the hours of Midnight to 6:00pm (CST) and for each these days: 2/23/15, 2/24/15, 2/25/15, 2/26/15, and 2/27/15. AND, Supplier shall identify ALL racks supplier has established credit or allocation contract(s) to procure

fuels. AND, Supplier shall identify the lowest priced rack fuel procured for 10% Ethanol Blend Unleaded, 87 Octane (E10) and #2 USLD. AND, Supplier shall provide a copy of Bill of Lading as proof of purchase 3.3.2 Supplier shall have minimum one (1) allocation contract for each Branded or Unbranded fuels from a rack within the Kansas City, Missouri metropolitan market. Supplier shall maintain allocation contracts for the term of this contract. 3.3.3 The intent is to procure fuels directly from a fixed pipeline terminal. Supplier MUST provide a Bill of Lading for fuel products. Agency MUST approve in advance all fuels from a non-pipeline terminal bulk storage tank. 3.4 Transport prices must apply to orders placed, where one or a combination of more than one type of fuel is equal to a delivery of 5000 gallons or more. 3.5 Suppliers are expected to sign and return all Pricing Appendix pages. 3.6 F.O.B. Destinations are shown on the attached "PRODUCT USAGE" pages for each Ordering Agency. Supplier's response showing other than F.O.B. Destination may be rejected. Supplier retains title and assumes all transportation charges, responsibility, liability, and risk in transit, and shall be responsible for the filing of claims for loss or damage. 4. "FIXED-FUTURE" PRICING This method allows AGENCY to enter into a separate contract with the supplier at a fixed-price for a specific amount of fuel product for a specific month(s) in the future when AGENCY determines that such prices are advantageous. AGENCY will be able to lock-prices for fuel, based on NYMEX rack price and Basis charge. Not to exceed the maximum allowed by the contract. The fixed delivery cost shall be the cost provided referenced as Appendix pages J, K, L, and M of the agreement. A secondary agreement hereafter referred to as a "locked agreement" will be entered when agreement between Supplier and AGENCY is reached on a total fixed-price per gallon for delivery of a specific amount of fuel product for a specific future time period. The sum of the NYMEX rack price and Basis charge will be the locked-in price for delivery of the fuel for a specific month(s). Therefore, over the term of the Contract, there will most likely be multiple locked agreements for differing time periods. The locked agreement may be as simple as a confirmation from the Supplier stating the locked price per gallon, number of gallons, and month(s) of delivery, signed by AGENCY that

incorporates the terms of this Contract. Supplier shall provide an experience statement with establishing Fixed-Future contracts. Supplier shall not enter into any futures contract with Agency unless Agency provides written authorization from Agency and Agency designates in writing a person authorized to execute futures contracts. 5. ORDERING AND SHIPPING INSTRUCTIONS 5.1 Products/Services needed by the participating Ordering Agencies will usually be ordered against a blanket purchase order issued by the Ordering Agency, F.O.B. Destination. The purchase order will be for a stated dollar amount and will terminate at time shown on purchase order or expiration of contract, whichever is earlier. Purchase orders for specific items and quantities may also be issued against this contract. A separate Billing account is required for each Order Agency. 5.1.1 City of KCMO consists of numerous Departments and Divisions. Each Department/Division shall be a separate Ordering Agency requiring a different supplier account number and monthly billing statements. Not all Department/Division fuel locations or historical usage is identified. 5.2 The Ordering Agency named in the "Sold to Address" on the purchase order is required to provide the Supplier with the names of persons authorized to place orders against the contract. Supplier is responsible for obtaining contact information for billing and persons authorized to place orders. 5.3 Delivery of fuel shall be made within twenty-four (24) hours after receipt of the order or by the end of day if order request is placed prior to 9:00am (CST) on the same day. Unless authorized by the Ordering Agency at the time of the order, the fuel must be delivered during normal working hours between, 7:00 AM and 5:00 PM (CST). No fuel shall be delivered to an unattended location unless authorized by the Ordering Agency. 5.4 Supplier shall confirm delivery hours with each individual Ordering Agency. 5.5 Supplier shall be capable of receiving delivery order request by E-mail, telephone, or fax. Supplier shall be capable of confirming receipt of delivery request within two (2) hours by E-mail, telephone, or fax. 5.6 Supplier shall source the lowest priced Branded or Unbranded rack fuel available at the time product is loaded. Supplier shall make a reasonable attempt to contact ordering Agency when there is an interruption of service or product shortage at the lowest priced pipeline terminal, prior to loading product at next lowest priced pipeline terminal. Failure to notify Agency of price change may only obligate Agency to pay lowest posted price. Supplier is responsible for confirming delivery order instructions with each Agency. 5.7 Supplier's delivery driver shall notify on-site personnel at the time of arrival and prior to off-loading

product. Delivery driver is responsible for identifying location of fuel system monitoring, alarm, and emergency devices. 5.8 Supplier shall top-off fuel storage tank for 0-4000 gallon (Tank Wagon) deliveries when required by the Ordering Agency. Supplier shall not be required to top-off a fuel storage tank when the type of fuel ordered is a blended fuel or fuel storage tank inventory cannot be verified or provided by the Ordering Agency. 5.9 The Ordering Agency shall be responsible for providing the Supplier inventory readings. 5.10 Supplier is responsible for verifying storage tank product type, inventory and water levels prior to off-loading fuel: 5.10.1 Supplier's delivery driver shall "stick" each underground storage tank, and when applicable for above-ground storage tanks, for inventory and water inch levels prior to and immediately after off-loading any fuel, and notate the readings on the delivery ticket or Bill of Lading. NOTE: It is the Supplier's responsibility to verify "free water" content prior to transfer of fuel in Agency's storage tank. 5.10.2 Supplier's delivery driver shall compare "stick" inch level to Tank Monitor (Veeder-Root) inch level reading, or "clock gauge" if Tank Monitor is not acessable. Delivery driver shall notify Fuel Administrator or on-site personnel of significant discrepancy between stick/Tank Monitor levels and high water levels prior to off-loading fuel 5.11 In order to help prevent fuel contamination and provide clean fuel dispensing, the Supplier's delivery driver must, each time before off-loading fuel into storage tanks, remove debris from the surface of the tank trap, and ensure manhole lids and pipe caps are properly reseated, as part of required contractual obligations. Delivery driver shall not remove fill-pipe cap when liquid exceeds the top of the fill-cap. Failure to perform these instructions may result in billing the Supplier for related damages. 5.12 Supplier's delivery driver, with the assistance of Agency staff, shall prevent dispensing while off-loading product. Supplier's delivery driver shall confirm dispensing has been disabled prior to off-loading and re-enabled after off-loading product. 5.13 A copy of metered ticket or Bill of Lading shall be provided at time of product delivery to the attendant at the receiving facility. Supplier is responsible for obtaining signature for proof of delivery. 5.14 Supplier shall perform all deliveries to the Ordering Agency's facilities in a safe and professional manner. The Supplier's equipment shall be in good working order and all delivery personnel shall be trained in safety measures to preclude accidents from endangering personnel on the property. Delivery vehicles and deliveries shall meet or exceed all Federal, State and Local laws and regulations including but not limited to: Kansas City, OSIER, EPA and State of Missouri, State of Kansas local regulations related to the transportation of fuel within a Metropolitan area. All delivery vehicles shall carry the minimum liability insurance required by this contract. All delivery vehicle operators shall be trained,

qualified, and licensed. 5.15 Supplier must provide systems necessary to prevent spill and overfills from occurring during the product transfer. The Supplier must also provide the systems necessary to prevent product from reaching streets, catch basins or other drainage structures during product transfers. The Supplier will be responsible for cleaning up any spill in accordance to State and Federal environmental laws and regulations. In case of a spill, the delivery driver shall seek approval from an on-site supervisor that the spill has been properly cleaned up prior to leaving spill site. 5.16 Supplier shall include a list of supplier owned and or subcontracted equipment that will be used to perform product delivery Scope of Services, to include: Year, Make, Model, Bulk Compartment Sizes, and Date of most recent calibration. All Supplier's and or subcontracted equipment shall meet the State of Missouri and State of Kansas calibrations guidelines. Supplier will be required to provide a copy of their most recent State Certificate(s) of calibration upon Bid award and prior to Contract Execution. The Ordering Agency reserves the right to randomly check the Supplier's calibration during the period of this contract. 5.17 Subcontracted drivers and delivery equipment (Common-Carrier) shall comply with all conditions of this contract. The Supplier must identified any subcontractor (Common-Carrier) and submit a letter from the subcontractor (Common-Carrier) stating their ability to perform deliveries against this contract. No invoices will be accepted from a subcontracted Supplier nor will any invoice be paid to a Subcontractor. Therefore, the Supplier must provide an invoice with the required information reflecting the delivery. 6. SUPPLIER'S INVOICES 6.1 Supplier shall provide a priced-out invoice at time of product delivery or by 6:00pm (CST) on the next business day. A copy of the Bill of Lading and if applicable a Meter Ticket shall be provided with the invoice. 6.1.1 Supplier shall resolve invoice disputes by 6:00pm (CST) on the next business day, from the day supplier is contacted of the dispute, to include providing corrected invoice. Corrected invoices shall reflect original Deliver Date and invoice re-issue date. 6.2 Supplier shall submit priced-out invoices electronically (E-mail) or by mail, per request by Ordering Agency. 6.2.1 City of KCMO requires invoice and Bill of Lading to be submitted electronically (E-mail). Invoice and Bill of Lading and Meter Ticket shall be a single PDF attachment. If metered gallons, both the Bill of Lading and Meter Ticket shall be submitted. 6.3 Supplier shall submit one (1) invoice for delivered fuel(s) at a single location. Fuel products, taxes, fees, delivery charges, additives are to be itemized out per Unit price and Extended price, per TANK.

6.3.1 Supplier to include in their proposal a sample invoice that reflects a delivery of three (3) different fuel products per three (3) Tanks. 6.4 Agency shall be billed on NET fuel gallons on the date and time as shown on the Supplier's original Bill of Lading, for delivery orders of 1,000 gallons or more at a single location. 6.4.1 Gallon amounts ordered per Tank must compare with the Bill of Lading gallon amounts. 6.5 Supplier may invoice either NET gallons or metered Gross gallons for orders of 999 gallons or less at a single location, or for orders of 4000 gallons or less when order is required to be delivered within four (4) hours from order request. 6.6 Supplier is required to accept direct deposit payments from City of KCMO, and shall complete ACH form upon contract award. 6.7 Qualifying discounts for prompt payment will be taken at time payment. 6.8 Invoices for blended product shall contain gallons and gallon price for each product, unless there is a pipeline terminal posted "rack price" for that specific blended product. 6.9 Invoices shall contain the following information, if requested by the Ordering Agency:

• I.Date of Delivery • II.Date Invoiced • III.Customer Account: "Sold To" • IV.Location Name and Address: "Ship To" • V.Products, taxes, fees, delivery charges, additives • VI.Description of Any Other Supplies or Services Ordered • VII.Tank(s) Number • VIII.Purchase Order Number • IX.Contract Number

Inquiries regarding payment shall be addressed to the Ordering Agency's contact person (Administrative Officer), in Section 3. Any delay in receiving invoices, or errors and omissions on statement or invoices will be considered just cause for withholding settlement, without losing discount privileges or subject to late payment fees. 7. ESTIMATED QUANTITIES OF FUEL NEEDED Quantities listed herein are estimated only and are not a guarantee of actual quantities or minimum quantities to be ordered by AGENCY. AGENCY does not guarantee a minimum number of orders or any minimum quantities to the successful Proposer except the LEAD AGENCY shall order at least one load. No minimum gallons per delivery shall apply to orders. Please reference attached Appendices for detailed tank sizes, tank locations, and fuel types per location.

8. CLOSING OF DELIVERY SITES Each Ordering Agency reserves the right to close any delivery site(s) or add new delivery site(s), or discontinue any fuel product at any time without penalty. 9. ADDING OF OTHER FUEL/FUEL TANKS If additional types of fuel are needed at any delivery site, the Supplier agrees to provide the fuel at a mutually agreed upon price consistent with existing margin above rack prices for the like fuel. If the Ordering Agency adds additional tanks of a same fuel type on the Appendix pages, the Supplier shall provide at the same margin above rack price. 10. WARRANTY The Supplier is responsible for replacing any dropped contaminated fuel at no charge to the Ordering Agency. The Supplier is responsible for removing and disposing of contaminated fuel and shall follow all state and Federal EPA disposal regulations and guidelines, at no charge to the Ordering Agency. Cleanup and disposal of all contaminated soil will be the sole responsibility of the Supplier. 11. SUBCONTRACTING Subcontracting shall under no circumstances relieve the Supplier of any liability or obligation under this contract, and all transactions must be through the Supplier. If subcontracting is contemplated the name and qualifications of the subcontractor shall be provided as a part of the RFP. Supplier shall subcontract only to established companies that have minimum five (5) years experience at performing the service as their primary service. 11.1 Subcontracted "Common-Carrier" for fuel product delivery - Supplier and Subcontractor shall have a minimum of three (3) years consecutive prior working relationship and where Common-Carrier service is performed on a weekly basis by the subcontractor for the supplier. Identify for each service business/firm intends to subcontract:

• Legal Name, address, phone, fax, E-mail, Federal ID#, and website address. • History of business/firm including date business/firm was established under current name. • Primary services performed and products provided as a daily course of business and relevant to

this contract Scope of Services and Requirements. • Months or Years subcontractor has performed services for business/firm. • Type and frequency of service(s) subcontractor performs for business/firm. • Describe contracts or agreements between business/firm and subcontractor.

• Describe delivery driver training and safety program to include frequency (weekly, monthly, yearly), and required qualifications.

• Equipment to be used to deliver packaged and bulk transfer products: provide detailed list of equipment, compartment sizes and load limitations per Truck, and parking location(s).

12. EXPERIENCE AND QUALIFICATIONS In the questions below this section, you'll be asked to provide responses to the following: Supplier as established under the current business/firm name shall have a minimum five (5) years experience with relevant products and services as primary course of business, to include, but not limited to: Daily Spot Rack at fixed pipeline terminal and Fixed-Future pricing procurement within the Greater Kansas City, Missouri market, Transport and Tank Wagon deliveries, Biodiesel handling and blending/treatment for cold weather use, Fuel Quality Maintenance. Supplier shall be headquartered or have a branch location within 60 miles of Kansas City, Missouri City limits. Supplier shall have employed qualified staff to respond to on-site emergency assistance within two (2) hours of notification. Supplier may not use subcontractors in lieu of supplier employed staff for emergency assistance unless authorized by the Agency. Supplier to provide a company overview under current business/firm name, relevant experience as it pertains to contract Scope of Services and Requirements, personnel structure, owned equipment, and subcontracted equipment, personnel, services. 12.1 Business/Firm Profile and Legal Structure

• Legal Name, address, phone, fax, e-mail, Federal ID#, and website address. • Brief history of business/firm including date the business/firm was established under the

current name, to include branch locations. • Type of ownership, or legal structure of business/firm. • Number of total employees under business/firm • Type of ownership, or legal structure of business/firm. • Has the business/firm ever failed to complete work for which a contract was issued? If yes,

explain the circumstances. • Are there any civil or criminal actions pending against the business/firm or any key personnel

related in any way to contracting? If yes, explain in detail. Are there any current unresolved disputes/allegations?

• Has the business/firm ever been disqualified from working for the City or any other public entity? If yes, explain the circumstances.

• Identify financial capacity. City may at any time require proof of financial capacity to perform this contract such as Dun and Bradstreet, audited financial statements, bonding capacity.

12.2 Experience and Personnel

• List primary services performed and products provided as a daily course of business and relevant to this contract Scope of Services and Requirements.

• List Key employed support staff who is likely to be directly involved and assigned to this contract to include: years of employment, years and type of relevant experience, titles or position.

• List employed staff capacity; comment on the ability of your business/firm to address vacations, sickness, or loss of Key Employee(s).

Provide a minimum of three (3) customer referrals for most relevant services performed or comparable contracts completed by your business/firm during the past five (5) years. For each listed, provide a narrative that includes: a. scope of services provided b. length of time and dollar amount of the contract or services provided c. the business or contracting entity's name, contact person, e-mail address, and telephone number 12.3 Delivery Personnel and Equipment

• Describe personnel and equipment that will be used to provide delivered products for meeting the City's requirements.

• Owned equipment to be used to deliver bulk transfer products: provide detailed list of equipment, compartment sizes and load limitations per Truck, and parking location(s).

• Describe your business/firm employed delivery driver training and safety program to include frequency (weekly, monthly, yearly), and required qualifications.

• Describe equipment that would be used to deliver packaged products, to included ability to off-load products, operating schedule, and any restrictions or limitations.

12.4 Project Approach

• Discuss your understanding of the project scope and objectives. • Highlight unique services and management tools and indicate the benefits of them to the City.

What makes your business/firm better than the competition? • Describe your Quality Assurance Plan. • State approximate date your business/firm is available to begin work on the Project. • Discuss your transition plan to begin providing services.

1. Please attach Rack Price Sheet here. Priority: 3. Response Type: File Attachment. Comment? yes

2. Per 11.1 above, please provide Subcontractor information. Priority: 3. Response Type: Text.

3. Per 12.1-12.4 above, please provide business/firm information here. Priority: 3. Response Type: Text.

4. Per 6.3.1 above, please attach a sample invoice here. Priority: 3. Response Type: File Attachment. Comment? yes

III. Specifications - Scope of Services Point Value: 15

FUELS - ALTERNATIVE, GASOLINE, DIESEL, AND KEROSENE SPECIFICATIONS - SCOPE OF SERVICES This is a joint Request for Proposal (RFP) a term supply and service contract for the following participating Lead and Ordering Agencies: LEAD AGENCY CITY OF KANSAS CITY, MISSOURI CITY HALL, 414 EAST 12 TH STREET 1 ST FLOOR, ROOM 102 w KANSAS CITY, mo 64106 Ronnell E. Simpson, Sr. SENIOR BUYER

ORDERING AGENCY city of independence 111 east maple, p.o. box 1019 independence, mo 64050 Tom Conrow contracting officer phone: (816) 325-7093

ORDERING AGENCY Jackson County Missouri 415 east 12 th street, room G1 Kansas city, mo 64106 Barbara Casamento PROCURMENT OFFICER phone: (816) 881-3465 Fax: (816) 881-3268

PHONE: (816) 513-0805 FAX: (816) 513-1156

fax: (816) 325-7088

ORDERING AGENCY City of Grandview, Mo 1200 main street Grandview, mo 64030 Cemal Umut Gungor Director of Finance/City Treasurer phone: (816) 316-4830 fax: (816) 763-3907

ORDERING AGENCY CITY OF LEE'S SUMMIT, mo 220 SE GREEN STREET LEE'S SUMMIT, mo 64063 TARAH DAUGHERTY procurement officer II Phone: (816) 969-1085 Fax: (816) 969-1081

ORDERING AGENCY Little Blue Valley Sewer District 21101 east 78th E street independence, mo 64057 JULIE NIXON ACCOUNTANT/Buyer phone: (816) 796-7660, ext. 133 FAX: (816) 796-6108

ORDERING AGENCY City of Raytown, mo 10000 east 59 th street Raytown, MO 64133

ORDERING AGENCY UNIFIED GOV'T OF WYANDOTTE CO-KCK PURCHASING 6 TH FLOOR

TONY Messa ASST. DIRECTOR of Public Works Phone: (816) 737-6066 Fax: (816) 737-6052

701 NORTH 7 TH STREET KANSAS CITY, ks 66101 KELLY P. REGAN, BUYER pHONE: (913) 573-8376 FAX: (913) 573-8373

1. PRODUCTS The products to be provided include, but are not limited to: 1.1 Gasoline: Regular Unleaded, 87 Octane 1.2 Gasoline Mid-Grade Unleaded, 89 Octane 1.3 Gasoline Premium Unleaded, 91 Octane 1.4 Diesel Fuel #1 1.5 Diesel Fuel #2 USLD 1.6 Winter Blend Diesel (#1 and #2 USLD) 1.7 10% Ethanol Blend Unleaded, 87 Octane 1.8 Bio-Diesel 1.9 Mix Tcw Iii Marine Oil At 50:1 Ratio 1.10 Red Dye 1.11 X1 Pipeline Additive, or Equivalent

1.12 K-1 Kerosene 1.13 Power Service Additive Products 2. SPECIAL INSTRUCTIONS, SPECIFICATIONS, AND TESTING 2.1 All fuel supplied shall meet or exceed specifications as set forth by the Federal Department of Transportation and shall comply with State Maximum lead specifications and with current ASTM D439, ASTM D975 and ASTM SD976.

• 2.2 Ethanol blended fuel shall meet or exceed specifications as set forth by the Federal Department of Transportation and shall comply with State and Federal maximum Specifications and with current ASTM D5798 (E85) and ASTM D4806 (E10).

• 2.3 Bio-diesel shall meet or exceed current ASTM-6751 specifications. 2.3.1 Supplier shall have twenty-four (24) months experience in supplying Biodiesel, as a minimum requirement. 2.3.2 Supplier shall comply with DOE/GO-102006-2358 September 2006 third edition "Biodiesel Handling and Use Guidelines".

• 2.4 Supplier must submit Material Safety Data Sheets upon request by Ordering Agency. 2.5 The Ordering Agency reserves the right to test the quality of all products furnished under this contract and to refuse to accept and/or to return any products(s) which do not meet minimum specifications. Any product returned for failure to meet specifications, shall be done at the Supplier's expense.

• 2.6 Supplier shall provide products and services to maintain fuel quality. Maintenance services provided shall detect, diminish, and remove free and suspended moisture content, particulate matter, microbial contamination, and Ethanol phase separation throughout the year. Reference Appendix N. Services to include:

• 2.6.1 Water Paste Monitor : Supplier shall check each storage tank prior to fuel drop for water by applying Kolor Kut paste or other approved water-finding paste to tank stick and submerging down to tank bottom. Remove stick and record the level of free water by measuring the length of paste that has turned a red color. If free water measured on stick is over 1 inch, Fuel Administrator should be notified immediately and recorded on the delivery invoice. Supplier is not responsible for sticking tank when tools or equipment are required to access tank opening.

2.6.2 During fuel drop, additive products shall be properly mixed with diesel and biodiesel deliveries, per manufacturer quality insurance instructions, to maintain fuel stability and to eliminate fuel freezing, gelling, and glycerin breakdown.

2.6.3 Supplier shall free of charge collect dispensed Diesel fuel samples when there is visual evidence of fuel quality breakdown, and test fuel for one or more of the following:

• a)Lubricity (ASTM D6079) • b)Oxidation Stability (ASTM D7545, ASTM D2274, ASTM D7462) • c)API Gravity (D-287) • d)Cetane Index (ASTM D4737) • e)Density (ASTM D1298, IROX DIESEL) • f)Water (D-4928) • g)Cold Filter Cloud Point (D5772) • h)Cold Filter Plug Point (D6371) • i)Cold Filter Pour Point (D7346)

2.6.4 Supplier shall free of charge be responsible for collecting and reporting to KCMO pipeline terminal NEAT Diesel fuel samples every 30-days and test for: All Year:

• j)Lubricity (ASTM D6079) • k)Oxidation Stability (ASTM D7545, ASTM D2274, ASTM D7462) • l)API Gravity (D-287) • m)Cetane Index (ASTM D4737) • n)Density (ASTM D1298, IROX DIESEL) • o)Water (D-4928) • Include Winter Months: • p)Cold Filter Cloud Point (D5772) • q)Cold Filter Plug Point (D6371) • r)Cold Filter Pour Point (D7346) • Supplier to share sample test results and work with fuel Additive Manufacturer to ensure

proper treatment is achieved. 2.6.5. Tank Fuel Sampling: Once a year minimum and as required, supplier shall bottom sample fuel in storage tanks using "bacon bomb" or similar method to extract fuel for visual inspection. Based on visual inspection one or more of the following lab analysis might be required: Diesel Fuel:

• a)Microbial Contamination (Positive/Negative) • b)Distillation (D-86) • c)API Gravity (D-287) • d)Cetane Index (D976) • e)Water By Karl Fisher (ASTM D-6304) • f)Water & Sediment (D-1796)

Unleaded and Ethanol Blend Fuel:

• a)Microbial Contamination (Positive/Negative) • b)Distillation (D-86) • c)API Gravity (D-287) • d)Cetane Index (D976)

Supplier to share sample test results and work with fuel Additive Manufacturer to ensure proper treatment is achieved. 2.6.6. Fuel Reconditioning and Tank Bottom Sweep Service:

• Tank Bottom Sweep shall include vacuuming the bottom of the tank back and forth, and discharge into approved temporary storage container, until the majority of all the accumulated water and sludge has been removed. Following the tank Bottom Sweep, the fuel in temporary storage container is to be filtered free of water and particulate matter at 10-micron or less back into tank, through a series of filters, being visually examined frequently for fuel quality throughout the process. Remaining sludge to be hauled off-site and properly disposed.

Reconditioning fuel in primary storage tank shall include moving all fuel through a 4-stage filtering process a minimum of (3) full rotation:

• 1.Pre-filter Bag Filtration -filters particulate matter anywhere from 800-10 micron. • 2.Coalescer -separates fuel from water. • 3.Recondition -magnetic reconditioner reducing the size and mass of fuel molecule clusters,

stabilizing and conditioning fuel. • 4.Canister Filtration - filter fine particulate matter and water to requirements stated by Fuel

Manager. 10 micron is standard. 2.6.7. Micro-Biocide Treatment: Properly mix/agitate fuel with approved dual-phase biocide per manufacturer's instructions for maintenance shock treatment - must follow EPA guidelines. 2.6.8. Supplier shall provide emergency services when air/ground water enters the fuel storage tank, at a

level of 2" or more, to include: 2.6.8.1 Water extraction 2.6.8.2 Micro-organism treatment 2.6.8.3. ASTM D975 analysis (diesel fuel only) or visual analysis (gasoline and ethanol only) 3. Temporary Storage Tanks: Supplier shall provide secondary contained above-ground fuel storage for temporary use, during the contract term. 3.1 Storage capacities shall range from 500-gallons to 2000-gallons. 3.2 Storage tanks shall be equipped with all necessary hardware to dispense Unlead and Diesel fuels, and must meet State and Local codes and 2006 International Fire Code. Secondary tank containment and spill containment must meet current U.S Environmental Protection Agency (EPA) and Missouri Department of Natural Resources (MDNR) environmental laws and regulations. 3.3 Supplier is responsible for equipment delivery, setup, securing electrical hookup to electrical pump, testing equipment for proper operation, equipment failures and maintenance and repairs, and equipment removal. Supplier shall remove all equipment off-site within 14-business days upon being notified equipment is no longer needed. 3.4 Supplier shall comply with DOT regulations for transporting storage tanks. 3.5 Agency is responsible for providing an approved power source for electrical pump connection within 50 feet of Tank location. 3.6 Supplier shall provide Monthly equipment rental pricing. Reference Appendix O. 4 INSPECTION All products, materials and services delivered under this RFP will be subject to inspection and acceptance by the Ordering Agency. 5. ADMINISTRATIVE OFFICER Each (Ordering Agency) jurisdiction has authority to act as an Administrative Officer with responsibility to issue purchase orders, receive required documentation, inspect and receive goods, make payments, and handle disputes involving shipments to the jurisdiction. 6. DISPUTES

The Ordering Agency(s) contact person must provide the Lead Agency, the City of Kansas City Missouri, the Lead Senior Buyer, written documentation regarding the performance problem(s) and all action(s) taken by them for a resolution. A meeting will be scheduled with all involved for the purposes of resolving the conflict(s). If the conflict cannot be resolved, the problem(s) shall be referred to the Manager of Procurement Services, General Services Department, City of Kansas City, Missouri. The Manager's decision regarding the dispute will be final. 7. OCCUPATIONAL/BUSINESS LICENSE TAX REQUIREMENTS Supplier must comply with all special requirements of the participating Ordering Agency's including any Occupational or Business License requirements. 8. TERMINATION FOR CONVENIENCE The Ordering Agency may, at any time upon fifteen (15) days written notice to Supplier specifying the effective date of termination, terminate this Contract, in whole or in part. 9. INDEMNIFICATION AND INSURANCE A. For purposes of this Section only, the following terms shall have the meanings listed: a. Claims means all claims, damages, liability, losses, costs and expenses, court costs and reasonable attorneys' fees, including attorneys' fees incurred by the City in the enforcement of this indemnity obligation. b. Contractor's Agents means Contractor's officers, employees, subcontractors, successors, assigns, invitees, and other agents. c. City means LEAD AGENCY or City, its Agencies, its agents, officials, officers and employees and the five ORDERING AGENCIES that are participates in this Contract. B. Contractor's obligations under this Section with respect to indemnification for acts or omissions, including negligence, of City, shall be limited to the coverage and limits of insurance that Contractor is required to procure and maintain under this Contract. Contractor affirms that it has had the opportunity to recover all costs of the insurance requirements imposed by this Contract in its contract price. C. Contractor shall defend, indemnify and hold harmless City from and against all claims arising out of or resulting from all acts or omissions in connection with this Contract caused in whole or in part by Contractor or Contractor's Agents, regardless of whether or not caused in part by any act or omission, including negligence, of City. Contractor is not obligated under this Section to indemnify City for the sole negligence of City. D. Insurance.

1. Contractor shall procure and maintain in effect throughout the term of this Contract insurance policies with coverage not less than the types and amounts specified in this Section. Contractor must have: a. Commercial General Liability Insurance Policy: with limits of $1,000,000 per occurrence and $1,000,000 aggregate, written on an "occurrence" basis. The policy shall be written or endorsed to include the following provisions: 1. Sever ability of Interests Coverage applying to Additional Insured's 2. Contractual Liability 3. Per Project Aggregate Liability Limit or, where not available, the aggregate limit shall be $1,000,000. 4. No Contractual Liability Limitation Endorsement 5. Additional Insured Endorsement, ISO form CG20 10, current edition, or its equivalent. b. Workers' Compensation Insurance and Employers Liability Policies as required by Missouri law. c. Commercial Automobile Liability Insurance Policy: with a limit of $1,000,000 per occurrence, covering owned, hired, and non-owned automobiles. The Policy shall provide coverage on an "any auto" basis and on an "occurrence" basis. This insurance policy will be written on a Commercial Business Auto form, or acceptable equivalent, and will protect against claims arising out of the operation of motor vehicles, as to acts done in connection with the Contract, by Contractor. 2. All insurance policies required in this Section shall provide that the policy will not be canceled until after the Insurer provides the City ten (10) days written notice of cancellation in the event that the cancellation is for Contractor's nonpayment of premiums and thirty (30) days written notice of cancellation to City for all other reasons of cancellation. 3. The Commercial General and Automobile Liability Insurance Policies specified above shall provide that City and its agencies, agents, officials, officers, and employees, while acting within the scope of their authority, will be named as additional insured's for the services performed under this Contract. Contractor shall provide to City at execution of this Contract a certificate of insurance showing all required endorsements and additional insured's. 4. All insurance policies must be provided by Insurance Companies that have an A.M. Best's rating of "B+V" or better, and are licensed or approved by the State of Missouri to provide insurance in Missouri. 5. Regardless of any approval by City, Contractor shall maintain the required insurance coverage in force at all times during the term of this Contract. Contractor's failure to maintain the required insurance

coverage will not relieve Contractor of its contractual obligation to indemnify the City pursuant to Section 1 of this Contract. In the event Contractor fails to maintain the required insurance coverage in effect, City may order Contractor to immediately stop work and declare Contractor in default. 10. PROTECTION OF PROPERTY All existing structures, utilities, services, roads, trees, and shrubbery, shall be protected against damage or interrupted services at all times by Supplier during the term of this contract. The Supplier shall be held responsible for repairing or replacing property to the satisfaction of the participating Ordering Agency(s), which is damaged by reason of the Supplier's operation on the property. 11. ALLOCATION GUARANTEE Contracts will be entered into only with established responsible oil companies as Suppliers. In the event the Nation experiences a shortage of fuel, by any cause, it is to be understood that the existing Supplier guarantees that all participating Ordering Agency's will not be cut in quantities and that the existing Supplier assumes all responsibilities in maintaining the Federal or State Government invoked allocations should they prevail. By signing the Invitation for Bid, you are certifying that you are an authorized representative of your company and that your company is an integrated oil company and will comply with this requirement. 12. ALTERNATIVE PRICING VERIFICATION METHOD 12.1 The City of Kansas City, Missouri and the Ordering Agencies reserve the right to substitute an alternative price verification method to determine price and discounted use of the rack pricing method if: (a) An interruption in the Rack Pricing publication is experienced, beyond existing scheduled holidays: or (b) The listing of companies and their prices for Kansas City, Missouri are interrupted or modified to a degree which would require alteration of the computation formula to determine a fair average price; or (c) If it is determined to be in the best interest to substitute a pricing verification method, the Lead Agency, The City of Kansas City, Missouri, and the participating Ordering Agencies, will notify the Supplier(s), in writing, at least ten (10) calendar days in advance of any anticipated change. For the date of this notification, the Supplier shall have five (5) calendar days to accept or reject the proposed substitute and advise, in writing, the Lead Agency of their acceptance or rejection. If rejected by the Supplier(s), the Lead Agency and the participating Order Agency(ies) reserve the right to cancel the contract in whole or in part by giving fifteen (15) calendar days advanced written notice to the Supplier(s). 13. CITY RESPONSIBILITES

The City will provide an electronic copy of ATTACHMENT I - PRODUCT USAGE INFORMATION Appendixes A-I and ATTACHMENT II - PRICING in excel spreadsheets Appendixes J-O. To request the electronic copy, contact Ronnell E. Simpson, Sr. Senior Buyer, via internet e-mail at [email protected] and provide your e-mail address.

IV. Fuel Locations Contacts & Usage Point Value: 0

Click on the link below to access the document: Fuel Locations & UsageFuel%20Locations%20Usage%20Contacts%202-3-15.xlsx

V. Required Documentation Point Value: 0

Click on the links below to access the forms: Jackson County Affidavit Jackson County Compliance Lee Summit Tank Leasing City of Lee's Summit Requirements and Affidavit

1. Upload the completed Jackson County Affidavit. Priority: 3. Response Type: File Attachment. Comment? yes

2. Upload the completed Jackson County Compliance form. Priority: 3. Response Type: File Attachment. Comment? yes

3. Upload the Lee Summit Tank Leasing. Priority: 3. Response Type: File Attachment. Comment? yes

4. Upload the City of Lee's Summit Requirements and Affidavit. Priority: 3. Response Type: File Attachment. Comment? yes

5. Did you submit required documentation? Priority: 3. Response Type: Choose from a list. True/False. Comment? yes

VI. Pricing Page Point Value: 50

Click on the link below to access the pricing page form: Pricing Page for Fuel Bid

1. Upload your completed Pricing Page here. Priority: 3. Response Type: File Attachment. Comment? yes

VII. Cooperative Procurement with other Jurisdiction form Point Value: 0

The Proposer agrees to provide products and/or services to any municipality, county, state, governmental, public utility, non-profit hospital, educational institute, special governmental agency, and non-profit corporation performing governmental functions that participates in or is represented by the Mid-America Council of Public Purchasing (MACPP) in the greater Kansas City Metropolitan Trade Area and any member of the Mid-America Regional Council (MARC).

1. Do you agree to the statement above? Priority: 3. Response Type: Choose from a list. True/False. Comment? yes

VIII. Authorized Representative Form Point Value: 0

By submission of the RFP response, the Proposer certifies that:

1 It has not paid or agreed to pay any fee or commission, or any other thing of value contingent upon the award of this contract, to any City of Kansas City, Missouri employee or official or to any current consultant to the City of Kansas City, Missouri;

2 It has not paid or agreed to pay any fee or commission or any other thing of value contingent upon the award of this contract, to any broker or agent or any other person;

3 The prices contained in this Proposal have been arrived at independently and without collusion, consultation, communication or agreement intended to restrict competition;

4 It has the full authority of the Offeror to execute the Proposal and to execute any resulting contract awarded as the result of, or on the basis of, the Proposal;

5 Proposer will not withdraw the Proposal for ninety (90) days.

1. I hereby certify that I have both the legal authority from my business/firm and the right to enter into this contractual agreement with the City of Kansas City, Missouri, and have read, understood, and hereby fully accept all the terms, conditions, specifications, and pricing information contained within this document as well as any and all subsequent pages, addenda, and notices. Priority: 3. Response Type: Choose from a list. True/False. Comment? yes

2. Authorized Representative name and title Priority: 0. Response Type: Text.

3. Authorized Representative phone number and email address Priority: 0. Response Type: Text.

4. Firm's name and physical address Priority: 0. Response Type: Text.

5. Email address for Purchase Order Priority: 0. Response Type: Text.

IX. Standard City Contract Point Value: 0

Please review the attached Standard City Contract.

1. Will you be able to comply with the Standard City Contract? Priority: 3. Response Type: Choose from a list. True/False. Comment? yes

2. Please state any questions or concerns you have regarding the Standard City Contract. Priority: 0. Response Type: Text.

X. Employee Eligibility Verification Affidavit Point Value: 0

Please download the attached Employee Eligibility Verification Affidavit. Please sign, notarize, and scan the final form below.

1. Please attach the signed and notarized Employee Eligibility Verification Affidavit here. Priority: 3. Response Type: File Attachment. Comment? yes


Date: May 13, 2015 Resolution No.: R-2777-15 To: Mayor and Board of Aldermen From: Jason Hanson, City Engineer Department Head Approval: Finance Director Approval: (only if funding is requested) City Administrator Approval:

Action Requested: Approval a resolution authorizing the purchase of a skid loader with broom and planer attachments. Recommendation: Staff recommends approval as submitted ($57,941.17 minus trade in of $30,000.00 equals $27,941.17). Analysis: The skid loader Public Works currently has is a 2005 Bobcat S220 skid steer loader, with 1502 hours. It is currently 10 years old and the programmed life is 10 years. Repair costs to date have been significant ($35,758.00), and are expected to increase in the next year or two due to the age of the machine and the number of hours on the machine. In addition, the S220 was purchased without air conditioning and the lack of air conditioning is a significant issue. This skid loader is used for milling which is a very dusty activity and requires masks/respirators in order to protect the operator. In addition and due to the age of the machine, the crew has experienced uncontrolled lift arms due to electronic issues. The uncontrolled lift arms are a significant safety problem. The Initial purchase of the S220 skid loader included a broom, cold planer, and bucket. The broom has actually failed and either needs significant repair or immediate replacement. The budget contains sufficient funds to purchase both a skid loader and a broom attachment. It is Staff’s opinion that replacement of both pieces of equipment will be the most economical course for the City. Staff proposes purchasing a new Bobcat S630 per the attached quote. The purchase would include a new 24” planer and a new broom. The City would retain the old planer and the old broom as backup and for parts. The City would dispose of the 2005 S220 skid loader for a trade in price of $18,000.00 which is the current retail value per recent sales. The City would also dispose of a 2005 MT55 walk behind loader for an additional $12,000.00 trade in. The MT55 has less than 200 hours in ten years of service and it’s cheaper to rent a walk behind loader when needed rather than maintaining the current unit. Alternatives: Replace the existing broom attachment and keep the existing loader. Budgetary Impact: Replacement cost of the broom attachment is the same as the repair cost. Repair costs on the existing skid loader are significant and are becoming larger each year.


Amount: $27,941.17 Department: Public Works Fund: Capital Improvement Sales Tax Fund

Additional Reports Attached: Product Quotation from Jim Hicks K.C. Bobcat, from MODOT contract.


A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF EQUIPMENT FROM K.C. BOBCAT UTILIZING THE STATE OF MISSOURI CONTRACT IN AN AMOUNT NOT TO EXCEED $27,941.17 FOR FISCAL YEAR 2014-2015 WHEREAS, the City of Raytown in the adoption of its purchasing policy has approved the practice of purchasing equipment from competitive bids awarded by other governmental entities through the cooperative bidding process; and

WHEREAS, the State of Missouri has competitively bid (3-130326RW) and awarded a contract to K.C. Bobcat for the purchase of a skid-steer loaders, and;

WHEREAS, the City of Raytown in the adoption of its purchasing policy has required Board of Aldermen approval for purchases in which the cumulative value with a single vendor exceeds $15,000.00 during the fiscal year; and

WHEREAS, funds for such purpose are budgeted from the Capital Improvement Sales Tax

and such expenditure has been reviewed and on April 21, 2015 was recommended by the Special Sales Tax Review Committee as being consistent with voter intent; and

WHEREAS, the Board of Aldermen find it is in the best interest of the City to authorize and

approve the expenditure of funds with K.C. Bobcat for the purchase of a skid-steer loader off the State of Missouri Contract (3-130326RW) in an amount not to exceed $27,941.17, but within budgeted amounts for fiscal year 2014-2015;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY

OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the expenditure of funds with K.C. Bobcat for the purchase of a skid-steer loader off

the State of Missouri Contract (3-130326RW) in an amount not to exceed $27,941.17 for fiscal year 2014-2015 is hereby authorized and approved;

FURTHER THAT the City Administrator and/or his designee are hereby authorized to

execute all documents necessary to this transaction and the City Clerk is authorized to attest thereto.

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the

City of Raytown, Missouri, the 19th day of May, 2015.

________________________________ Michael McDonough, Mayor ATTEST: Approved as to Form: ____________________________ ________________________________ Teresa M. Henry, City Clerk Joe Willerth, City Attorney

Product Quotation Quotation Number: CMS-27365v1 Date: 2015-04-07 20:52:23

Customer Name/Address: Bobcat Dealer ORDER TO BE PLACED WITH:

Contract Holder/Manufacturer CITY OF RAYTOWN - P.W. 10000 EAST 59TH STREET RAYTOWN, MO 64015 Phone: (816) 737-6066

Jim Hicks K.C. Bobcat, 2209 WEST 40 HIGHWAY BLUE SPRINGS MO 64015-4645 Phone: (816) 229-4006 Fax: (816) 229-7631

Bobcat Company PO Box 6000 West Fargo, ND 58078 Phone: 701-241-8719 Fax: 701-280-7860 Contact: Crystal Stram [email protected]

Description Part No Qty Price Ea. Total S630 T4 Bobcat Skid-Steer Loader M0265 1 $30,015.30 $30,015.30 74 HP Tier 4 Turbo Diesel Engine Auxiliary Hydraulics: Variable Flow Backup Alarm Bob-Tach Bobcat Interlock Control System (BICS) Controls: Bobcat Standard Cylinder Cushioning - Lift, Tilt Engine/Hydraulic Systems Shutdown Glow Plugs (Automatically Activated) Horn Instrumentation: Engine Temp and Fuel Gauges, Hourmeter, RPM and Warning Lights

Lift Arm Support Lift Path: Radius Lights, Front & Rear Operator Cab

• Includes: Adjustable Cushion Seat, Top & Rear Windows, Parking Brake, Seat Bar, Seat Belt

• Roll Over Protective Structure (ROPS) meets SAE-J1040 & ISO 3471

• Falling Object Protective Structure (FOPS) meets SAE-J1043 & ISO 3449, Level I; (Level II is available through Bobcat Parts)

Spark Arrestor Exhaust System Tires: 12-16.5, 12 PR, Bobcat Heavy Duty Warranty: 12 Months, Unlimited Hours

Factory Install A91 Option Package M0265-P01-A91 1 $6,719.30 $6,719.30 Cab enclosure with Heat and AC High Flow Hydraulics Two-Speed Travel with SAPR Parking Brake Sound Reduction Hydraulic Bucket Positioning

Power Bob-Tach Deluxe Instrument Panel Keyless Start Suspension Seat with 3-Point Belt Engine Block Heater Attachment Control Kit Cab Accessories Package

Advanced Control System (ACS) M0265-R01-C03 1 $1,022.00 $1,022.00 12-16.5, 12 PR, Severe Duty Tires (in

lieu of std tires)

M0265-R09-C04 1 $560.00 $560.00

Attachments 74" Low Profile Bucket 6731421 1 $730.10 $730.10 --- Bolt-On Cutting Edge, 74"

6718007 1 $249.36 $249.36

72" Sweeper 6707837 1 $2,895.20 $2,895.20 --- Bolt-On Cutting Edge-72"

6805368 1 $203.61 $203.61

24" Planer, High Flow M7017 1 $10,406.90 $10,406.90 --- 24" Fast Cut Drum

M7017-R01-C04 1 $2,762.90 $2,762.90

Description Part No Qty Price Ea. Total Beacon 1 $250.00 $250.00 Backup Camera 1 $450.00 $450.00 SJC Controls (factory Installed) M0265-R01-C04 1 $1,676.50 $1,676.50

Total of Items Quoted $57,941.17 Trade-in MT55 Mini-Track Loader ($12,000.00) Trade-in S220 Bobcat Loader ($18,000.00) Quote Total - US dollars $27,941.17 ORDER ACCEPTED BY: ________________________________________ _______________________________ SIGNATURE DATED ________________________________________ _______________________________ PRINT NAME AND TITLE PURCHASE ORDER # SHIP TO ADDRESS:___________________________________________________________ BILL TO ADDRESS (if different than Ship To):___________________________________________

*Prices off Missouri Contract# 3-130326RW. Contract Expires: 3-26-2013 THRU 4-30-2015 *Terms Net 30 Days. Credit cards accepted. *FOB: Destination within the 48 Contiguous States. *Delivery: 90 days or less from ARO. *State Sales Taxes apply. *TID# 38-0425350 *Orders Must be Placed With: Clark Equipment Company dba Bobcat Company, Govt Sales, PO Box 6000, West Fargo, ND 58078. Prices & Specifications are subject to change. Please call before placing an order. Applies to factory ordered units only.


Date: May 14, 2015 Resolution No.: R-2778-15 To: Mayor and Board of Aldermen From: Jim Melvin, Interim Public Works Director Department Head Approval: Finance Director Approval: (only if funding is requested) City Administrator Approval:

Action Requested: Approval of a resolution approving the 2015 Fuel Conversion Project cost estimate from Fuel Conversion Solutions LLC. Recommendation: Staff recommends approval as submitted. Analysis: In 2014, the City converted two vehicles from strictly gasoline fuel to gasoline or propane fuel—operator’s choice. Those conversions were performed after significant research. The fiscal year 2014-2015 budget has funds set aside for converting up to 4 more vehicles. The conversion is expected to save between $1.00 and $2.00 per gallon. Depending on the gas and propane prices, payback for the investment will take place between 5 and 12 years. Life of the vehicles is assumed at 12 years. Attached is a detailed cost estimate to convert four vehicles from gas to gas/propane. The total cost is $33,950.00. Vehicles to be converted are:

Unit 213 a 2013 Ford F550 1.5T used as an Arial truck. Unit 223 a 2014 F150 pickup truck 1/2T general use vehicle. Unit 224 a 2015 F550 Dump/Plow truck 1.5T Unit 247 a 2012 F150 pickup truck 1/2T

The Sales Tax Oversight Committee voted to consider this item as a proper expenditure of Sales Tax Funds; however, they questioned whether it is a viable financial investment. At current fuel prices, the investment would pay for itself in about 10 years. If fuel prices rise to previous levels it will pay for itself in less than 5 years. The fiscal year 2014-15 Capital Improvement Sales Tax budget is $1,017,998.00. This amount includes the fuel conversion project, vehicle maintenance building renovation, lower level remodel, skid loader replacement, salt barn lease payment, and interest on the salt barn lease. The fuel conversion project was budgeted at $35,000.00 which is included in the $1,017,998.00 total. This project is planned to begin upon authorization by the Board of Aldermen and to be completed in late June. We are requesting approval of the fiscal year 2014-2015 budgeted amount to address any issues encountered in the fuel conversions. This will make an approved amount to spend of $35,000.00. Budgetary Impact:


Amount to Spend: $35,000.00 Department: Public Works Fund: Capital Improvement Sales Tax Fund

Additional Reports Attached: Price Estimate From Fuel Conversion Solutions LLC.


A RESOLUTION AUTHORIZING AND APPROVING THE EXPENDITURE OF FUNDS TO FUEL CONVERSION SOLUTIONS LLC RELATED TO THE 2015 FUEL CONVERSION PROJECT IN AN AMOUNT NOT TO EXCEED $35,000.00 WHEREAS, the Board of Aldermen find it necessary to convert current City vehicles from gas to gas/propane; and

WHEREAS, the City of Raytown in the adoption of its purchasing policy has approved the practice of purchasing goods and services through a sole-source provider; and

WHEREAS, funds for such purpose are budgeted from the Capital Improvement Sales

Tax and such expenditure has been reviewed and on April 21, 2015 was recommended by the Special Sales Tax Oversight Review Committee as being consistent with voter intent; and

WHEREAS, the Board of Aldermen find it is in the best interest of the citizens of the City

of Raytown to authorize and approve the expenditure of funds with Fuel Conversion Solutions LLC to convert current City vehicles from gas to gas/propane in an amount not to exceed $35,000.00.


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the expenditure of funds with Fuel Conversion Solutions LLC to convert current

City vehicles from gas to gas/propane in an amount not to exceed $35,000.00 is hereby authorized and approved; and

FURTHER THAT the City Administrator and/or his designee is hereby authorized to execute all agreements or documents necessary to approve the purchase of goods and services contemplated herein and the City Clerk is authorized to attest thereto.


the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: ____________________________ Teresa M. Henry, City Clerk Approved as to Form: ________________________________ Joe Willerth, City Attorney

Established in 1849 as Ray’s Town On the Santa Fe, California and Oregon Trail

Public Works Department 10000 East 59th Street

Raytown, Missouri 64133 (816) 737-6012

www.raytown.mo.us

Fuel Conversion to Propane for Vehicles Rationale for Sole Source Provider

April 21, 2015

Conversion of fuel from gasoline to gasoline/propane by choice of operator was researched during 2011, 2012, and 2013. Quotes were obtained from the only two providers known at that time. Quotes were from both firms:

• Fuel Conversion Solutions, llc., at $6,985 per a 2011 Ford F250 • Midwest Green Fuel at $7800 per a 2011 Ford F250

Fuel Conversion Solutions llc was the lower of the two, and in 2014 two units were converted. Costs varied with the type and size vehicle, along with the engine size. Once committed to the first two conversions, staff recommends that the City continue to use the same company for the proposed conversions in 2015, for the following reasons:

• Support for all converted vehicles would be obtained at one location. • Parts would be stocked by the single company and would be available for all

conversions. • City mechanic staff would only have to become familiar with one conversion type. • Any issues with converted vehicles would be addressed by one company. There

would be no time lost determining which firm converted the particular vehicle in question.

Staff feels that the above are significant enough reasons to request that the Sales Tax Oversite Committee and the Board of Aldermen allow sole source status for the four conversions being requested in 2015.

BID PROPOSAL

FROM FUEL Conversion Solutions, llc 300 NW 2nd Street Oak Grove, MO 64075

BID PROPOSAL #: 1777

DATE: APRIL 14, 2015

TO City of Raytown

Attn: Jim Melvin

COMMENTS: Please call with any

questions.

Lanny – 816-500-2573

DATE DESCRIPTION EACH AMOUNT

LPG Conversion for 2015 Ford F550 with 6.8L. VIN

1FDUF5HYFEA98511

EQUIPMENT:

4/14/15

EPA Certified Bi-Fuel LPG System – EPA Certified System, Under hood equipment to include injectors, regulator, fuel filter, fuel lock off, hoses, lines, wiring harness and computer reprogramming.

$ 3,775.00 $ 3,775.00

4/14/15

Standard LP Tank (25+ usable gal) - To include tank mounting

brackets, tank valves, valve vents, pressure relief valves,

mounting hardware, etc.

$ 3,450.00 $ 3,450.00

Misc- Remote Bleeder ($80), Fill Bracket/Valve ($145), POP ($50), Shipping and Handling fees equipment ($300)

$575.00

$575.00

4/14/15

LABOR: Labor to install the fuel system, tanks, vents, lines, wiring, gas regulator, fuel filter, tank valves, etc.

$ 1,750.00 $ 1,750.00

TRANSPORTATION:

Delivery of vehicle included in pricing. n/a n/a

BID PROPOSAL: $ 9,550.00

COMMENTS: BID PROPOSAL DOES NOT INCLUDE APPLICABLE SALES TAX. PROPOSAL AMOUNT GOOD THROUGH MAY 30TH, 2015.

Please call or email with any questions: [email protected] or 816-500-2573

THANK YOU FOR THE OPPORTUNITY TO EARN YOUR BUSINESS!

BID PROPOSAL




TO City of Raytown

Attn: Jim Melvin


questions.

Lanny – 816-500-2573



1FDUF5GY6DEB14033

EQUIPMENT:

4/14/15


$ 3,775.00 $ 3,775.00

4/14/15




$ 3,450.00 $ 3,450.00


$575.00

$575.00

4/14/15


$ 1,750.00 $ 1,750.00

TRANSPORTATION:






BID PROPOSAL




TO City of Raytown

Attn: Jim Melvin


questions.

Lanny – 816-500-2573



1FTMF1CMXEKE73355

EQUIPMENT:

4/14/15


$ 3,100.00 $ 3,100.00

4/14/15




$ 2,175.00 $ 2,175.00


$575.00

$575.00

4/14/15


$ 1,750.00 $ 1,750.00

TRANSPORTATION:






BID PROPOSAL




TO City of Raytown

Attn: Jim Melvin


questions.

Lanny – 816-500-2573



1FTNF1CF6CKD58836

EQUIPMENT:

4/14/15


$ 2,750.00 $ 2,750.00

4/14/15




$ 2,175.00 $ 2,175.00


$575.00

$575.00

4/14/15


$ 1,750.00 $ 1,750.00

TRANSPORTATION:







Date: May 14, 2015 Resolution No.: R-2779-15 To: Mayor and Board of Aldermen From: John Benson, Director of Development and Public Affairs Department Head Approval: Finance Director Approval: (only if funding is requested)


Action Requested: Board of Aldermen approval for a Veterinary Services Agreement in excess of $15,000.00 but within budgeted amounts for fiscal years 2014-2015. Recommendation: Staff recommends approval of the agreement with Raytown Animal Hospital. Analysis: The Development and Public Affairs Department requested bids from qualified firms interested in providing veterinary services. Raytown Animal Hospital, the City’s current veterinary services provider, was the only provider to submit a bid. The contract is for a period of two (2) years with the City having the option to extend the contract for one additional two (2) year period. The Development and Public Affairs Department budget for these services in the current fiscal year is $35,000.00 which is intended to pay for the costs of veterinary services, as well as animal boarding services. The costs incurred for veterinary services have historically been much lower than the costs incurred by the City for animal boarding services. The cost relating to the veterinary services of each animal are billed to the city each month by Raytown Animal Hospital in accordance with the fees provided in the attached Agreement. When animals are returned to their owner, the costs of the veterinary services are passed through to the pet owner whenever possible. Alternatives: Reject the proposed agreement and direct staff to release a new request for bids for veterinary services. Budgetary Impact:


Additional Reports Attached: Agreement for Veterinary Services


V:\Board of Aldermen Meetings\Agendas\Agendas 2015\05-19-15\Reso Vet Services-Raytown Animal Hospital 2014-2015.doc

A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH RAYTOWN ANIMAL HOSPITAL, INC. FOR VETERINARY SERVICES ASSOCIATED WITH ANIMAL CONTROL IN EXCESS OF $15,000.00 BUT WITHIN BUDGETED AMOUNTS FOR FISCAL YEAR 2014-2015

WHEREAS, the City of Raytown (the “City”) issued a invitation to bid for the procurement of veterinary services necessary for the operation of Animal Control; and WHEREAS, the Development and Public Affairs Department received one (1) bid in response to the invitation and has determined that the bid submitted by Raytown Animal Hospital, Inc. to be the most responsive and advantageous bid received; and WHEREAS, the purchasing policy adopted by the City further requires that any expenditure of funds with a single vendor in excess of $15,000.00 annually be approved by the Board of Aldermen; and WHEREAS, the City anticipates spending in excess of $15,000.00 on veterinary services associated with Animal Control; and

WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into an agreement with Raytown Animal Hospital, Inc. for the provision of veterinary services in excess of $15,000.00 but within budgeted amounts.


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the Agreement by and between the City of Raytown and Raytown Animal Hospital,

Inc. for the provision veterinary services within the City, attached hereto as Exhibit “A” in excess of $15,000.00 but within budgeted amounts is hereby authorized and approved;

FURTHER THAT the City Administrator is hereby authorized to execute any and all documents and to take any and all actions necessary to effectuate the terms of the Agreement and exercise the authority granted herein on behalf of the City.

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: Approved as to Form: ____________________________ _______________________________ Teresa M. Henry, City Clerk Joe Willerth, City Attorney

AGREEMENT FOR VETERINARY SERVICES BY AND BETWEEN

THE CITY OF RAYTOWN, MISSOURI AND

RAYTOWN ANIMAL HOSPITAL, INC.

THIS AGREEMENT is entered into by and between the City of Raytown, Missouri and Raytown Animal Hospital, Inc., entered into as of this _________ day of May, 2015.

WHEREAS, the City of Raytown solicited proposals for the procurement of veterinary

services necessary for the operation of Animal Control; and WHEREAS, the proposal received from Raytown Animal Hospital was determined to be the most responsive proposal; and

WHEREAS, the Board of Aldermen desires to authorize and approve a contract by and between the City of Raytown and Raytown Animal Hospital, Inc. for the provision of veterinary services. Now therefore, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, as follows:

1. That Raytown Animal Hospital, Inc. (hereinafter "Contractor") shall provide veterinary services to the City of Raytown (hereinafter "City"), in accordance with the terms of the City of Raytown, Veterinary Services Request for Proposal, and Contractor's response to the request for proposals identified as “Exhibit A” herein. Where there is any conflict between the terms of the Request for Proposal and the Contractor's response, the terms of the Request for Proposal shall prevail.

2. Per unit cost for services shall be as provided in Exhibit A, attached hereto and

incorporated herein.

3. In addition to the per unit cost for services provided in Exhibit A, the following per unit costs are hereby agreed upon.

Microchipping: $12.00 per shot Rabies Shot: $15.00 per shot

4. The City shall compensate the provider, in accordance with the provisions of

Section 2 and 3 contained herein. Payment shall be due and payable 30 days from receipt of a valid invoice for services.

5. All other terms and conditions, including but not limited to insurance

requirements and provisions for termination shall be as stated in the Request for Proposal.

6. This Agreement shall be in full force and effect, as of the date written above, upon proper authorization and execution by the parties.

City of Raytown Raytown Animal Hospital, Inc. ______________________________ __________________________________ Mahesh Sharma, City Administrator Heath Rose, DVM, Owner Attest: ______________________________ Teresa Henry, City Clerk Approved as to form

Joe Willerth, City Attorney

Exhibit A




Action Requested: Board of Aldermen approval for Animal Boarding Services Contract in excess of $15,000.00 but within budgeted amounts for fiscal year 2014-2015. Recommendation: Staff recommends approval of the agreement with Raytown Animal Hospital. Analysis: The Development and Public Affairs Department requested bids from qualified firms interested in providing animal boarding services. Raytown Animal Hospital, the City’s current provider for animal boarding services, was the only firm to submit a bid. The contract is for a two (2) year period with the City having the option to extend the contract for an additional two (2) year period thereafter. The Development and Public Affairs Department budget for the current fiscal year is $35,000.00, which is intended to pay for the costs of animal boarding services and veterinary services. The costs incurred for animal boarding services historically have used the majority of these budgeted funds. The cost relating to the impoundment of each animal will be billed to the City each month by Raytown Animal Hospital in accordance with the fees provided in the attached Agreement. When animals are returned to their owner these costs are passed through to the pet owner. If an impounded animal is not returned to its owner, then the City incurs these impoundment costs. Alternatives: Reject the proposed agreement and direct staff to release a new request for bids for animal boarding services. Budgetary Impact:


Additional Reports Attached: Agreement for Animal Boarding Services


V:\Board of Aldermen Meetings\Agendas\Agendas 2015\05-19-15\Reso Animal Boarding Services-Raytown Animal Hospital 2014-2015.doc

A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH RAYTOWN ANIMAL HOSPITAL, INC. FOR ANIMAL BOARDING SERVICES ASSOCIATED WITH ANIMAL CONTROL IN EXCESS OF $15,000.00 BUT WITHIN BUDGETED AMOUNTS FOR FISCAL YEAR 2014-2015

WHEREAS, the City of Raytown (the “City”) issued a invitation to bid for the procurement of animal boarding services necessary for the operation of Animal Control; and WHEREAS, the Development and Public Affairs Department received one (1) bid in response to the invitation and has determined that the bid submitted by Raytown Animal Hospital, Inc. to be the most responsive and advantageous bid received; and WHEREAS, the purchasing policy adopted by the City further requires that any expenditure of funds with a single vendor in excess of $15,000.00 annually be approved by the Board of Aldermen; and WHEREAS, the City anticipates spending in excess of $15,000.00 on animal boarding services associated with Animal Control; and

WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into an agreement with Raytown Animal Hospital, Inc. for the provision of animal boarding services in excess of $15,000.00 but within budgeted amounts.


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the Agreement by and between the City of Raytown and Raytown Animal Hospital,

Inc. for the provision animal boarding services within the City, attached hereto as Exhibit “A” in excess of $15,000.00 but within budgeted amounts is hereby authorized and approved;

FURTHER THAT the City Administrator is hereby authorized to execute any and all documents and to take any and all actions necessary to effectuate the terms of the Agreement and exercise the authority granted herein on behalf of the City.

PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 19th day of May, 2015. ________________________________ Michael McDonough, Mayor ATTEST: Approved as to Form: ____________________________ _______________________________ Teresa M. Henry, City Clerk Joe Willerth, City Attorney

AGREEMENT FOR ANIMAL BOARDING SERVICES BY AND BETWEEN

THE CITY OF RAYTOWN, MISSOURI AND

RAYTOWN ANIMAL HOSPITAL, INC.

THIS AGREEMENT is entered into by and between the City of Raytown, Missouri and Raytown Animal Hospital, Inc., entered into as of this _________ day of May, 2015.

WHEREAS, the City of Raytown solicited proposals for the procurement of animal

boarding services necessary for the operation of the City of Raytown Animal Control services; and WHEREAS, the proposal received from Raytown Animal Hospital was determined to be the most responsive proposal; and

WHEREAS, the Board of Aldermen desires to authorize and approve a contract by and between the City of Raytown and Raytown Animal Hospital, Inc. for the provision of animal boarding services. Now therefore, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, as follows:

1. That Raytown Animal Hospital, Inc. (hereinafter "Contractor") shall provide animal boarding services to the City of Raytown (hereinafter "City"), in accordance with the terms of the City of Raytown, Animal Boarding Services Request for Proposal, and Contractor's response to the request for proposals, identified as “Exhibit A” herein. Where there is any conflict between the terms of the Request for Proposal and the Contractor's response, the terms of the Request for Proposal shall prevail unless otherwise amended herein.

2. Per unit cost for services shall be as provided in Exhibit A, attached hereto and incorporated herein.

3. In addition to the per unit cost for services provided in Exhibit A the following

per unit costs are hereby agreed upon. Microchipping: $12.00 per shot Rabies Shot: $15.00 per shot

4. The City shall compensate the provider, in accordance with Exhibit A. Payment shall be due and payable 30 days from receipt of a valid invoice for services.

5. All other terms and conditions, including but not limited to insurance

requirements and provisions for termination shall be as stated in the Request for Proposal.

6. This Agreement shall be in full force and effect, as of the date written above,

upon proper authorization and execution by the parties. City of Raytown Raytown Animal Hospital, Inc. ______________________________ __________________________________ Mahesh Sharma, City Administrator Heath Rose, DVM, Owner Attest: ______________________________ Teresa Henry, City Clerk Approved as to form

Joe Willerth, City Attorney

Exhibit A

Exhibit B


Date: May 14, 2015 Resolution No.: R-2781-15 To: Mayor and Board of Aldermen From: John Benson, Director of Development and Public Affairs Department Head Approval: Finance Director Approval: (only if funding is requested) City Administrator Approval:

Action Requested: Board of Aldermen approval for Nuisance Abatement Services. Recommendation: Staff recommends approval of a Resolution for Nuisance Abatement services utilizing the City of Independence cooperative bid. Analysis: The City of Raytown currently has an Agreement for Nuisance Abatement Services with a contractor which was approved by the Board of Aldermen in 2012. The services provided through this agreement include mowing of grass and weeds that are in violation of City Code (e.g. in excess of eight inches in height); removal of junk, trash and debris from property, and boarding up of vacant and abandoned buildings. This spring, the Development and Public Affairs Department has experienced a lack of responsiveness from the City’s current contractor that has resulted in numerous work orders not being completed in the timeframe established in our Agreement (72 hours from issuance of each work order). Due to this lack of responsiveness, it has caused a delay in getting work orders completed and as a result getting certain violations corrected. Staff has contacted the cities of Independence and Lee’s Summit regarding their nuisance abatement contracts, which were cooperatively bid, and have met with both of the contractors for these two cities. Both contractors indicated willingness and the capacity to perform our nuisance abatement services. The attached resolution would allow the City of Raytown to utilize the City of Independence nuisance abatement contractor through October 31, 2015 with the option to extend the Agreement with the contractor for an additional two (2) years in accordance with the full length of the City of Independence contract. Please note a similar resolution is on the meeting agenda for the contract the City of Lee’s Summit has for nuisance abatement services so that the Development and Public Affairs Department can also utilize their contractor. This will enable us to more rapidly catch up on the work orders that currently need to be completed as well as provide increased capacity to perform future work orders. The fees associated with the contract are comparable to the fees in our current contract; therefore, we do not anticipate this will cause an increase in our current budgeted amount for nuisance abatement services. Alternatives: Reject the proposed resolution and direct staff to release a request for bids for nuisance abatement services. Budgetary Impact:


Additional Reports Attached: City of Independence Nuisance Abatement Services Contract

RESOLUTION NO. R-2781-15

V:\Board of Aldermen Meetings\Agendas\Agendas 2015\05-19-15\Reso Nuisance Abatement Services-City of Indep.docx

A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH K & S ASSOCIATES FOR MOWING AND NUISANCE ABATEMENT SERVICES IN THE CITY OF RAYTOWN, MISSOURI UTILIZING THE CITY OF INDEPENDENCE, MISSOURI COOPERATIVE PURCHASE CONTRACT

WHEREAS, the City of Raytown’s Development and Public Affairs Department periodically identifies the need of mowing and nuisance abatement services; and

WHEREAS, the City of Raytown currently has a contact with Infinity Building Services

for mowing and nuisance abatement services, which is in the process of being terminated; and

WHEREAS, the City of Raytown in the adoption of its purchasing policy has approved the practice of utilizing competitive bids awarded by other governmental entities through a competitive bidding process; and

WHEREAS, the City of Independence, Missouri has competitively bid mowing and nuisance abatement services and has determined K & S Associates to be the most competitive bid; and

WHEREAS, the cost of mowing and nuisance abatement services from K & S

Associates is anticipated to exceed $15,000.00 during Fiscal Year 2014-2015; and WHEREAS, the City of Raytown finds it is in the best interest of the citizens of the City of

Raytown to authorize and approve mowing and nuisance abatement services from K & S Associates within budgeted amounts for the Fiscal Year 2014-2015 utilizing the City of Independence, Missouri cooperative purchase contract;


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the cost of mowing and nuisance abatement services from K & S Associates.

within budgeted amounts for the Fiscal Year 2014-2015 utilizing the City of Independence, Missouri cooperative purchase contract, is hereby authorized and approved; and

FURTHER THAT the City Administrator is authorized to execute all documents necessary to these transactions and the City Clerk is authorized to attest thereto.


the City of Raytown, Missouri, the 19th day of May, 2015. __________________________________ Michael McDonough ATTEST: Approved as to Form: ____________________________ __________________________________ Teresa M. Henry, City Clerk Joe Willerth, City Attorney

1

INVITATION TO BID

CITY OF INDEPENDENCE, MISSOURI PURCHASING DIVISION

111 E. MAPLE, PO BOX 1019 INDEPENDENCE, MO 64051-0519

(816) 325-7087

Lawn Care for the Health Department Date: January 2, 2015 Bid: 315-15

Response Deadline Date and Time: January 22, 2015, at 2:00 p.m., Local Time

Please submit all questions regarding this Invitation to Bid online via

www.publicpurchase.com. The only authorized source for bid forms, addenda, and information regarding this bid is www.publicpurchase.com. Using bid forms, addenda, and bid information not obtained from www.publicpurchase.com creates the risk of not receiving necessary bid information that may eliminate your bid from consideration. Bids must be submitted online via www.publicpurchase.com. Paper, fax, or email bids will NOT be accepted and will not be returned to sender. Opening will be held at the date and time indicated above in the Purchasing Division Office, Second Floor, City Hall.

(ATTENTION BIDDER – COMPLETE AND RETURN WITH BID)

Bidder’s Name: __________________________________________________ Phone No.: _____________________ (Please print or type company name)

E-Mail Address: _________________________________________________ FAX No.: _______________________

Address _______________________________________ City _____________ State ______ Zip _____________

By: ____________________________________________________ Title: ________________________________ (Name of Authorized Agent) Signature: ______________________________________________ Date: _______________________________

Bidder makes firm offer and is not revocable within ninety (90) days after response deadline.

Bidder does not make an offer in response to this invitation. Why did you not bid? ______________________ _______________________________________________________________________________________________

NOTE: ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS HEREIN.

Follow us on Twitter @IndepPurchasing and Facebook at IndepPurchasing.

http://www.publicpurchase.com/


2

General Terms and Conditions

Material, Equipment and Supplies

1. SCOPE The general terms and conditions described herein apply to all transactions on material, equipment, or supplies. By submitting a bid, the bidder agrees to be bound by these terms and conditions for the term of the Agreement. These terms and conditions shall prevail unless otherwise modified by the City within this bid document. 2. FIRM PRICES The bidder warrants that prices quoted in their bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the bid document. Such prices will remain firm for the period of time specified in the purchase order, contract or price agreement. 3. ESTIMATED QUANTITIES Whenever a bid requests prices to be firm for the period of performance, the quantities or usages shown are estimated only with no guarantee made by the City. The quantities are for the bidder’s information only, and the City will be bound only for actual quantities ordered. 4. SPECIFIC QUANTITIES When quantities are specifically stated, acceptance will bind the City to order and pay for, at the contract prices; all such supplies or services delivered that meet the specifications and conditions of the contract. 5. DELIVERY If applicable, bidders must indicate the number of days required to make delivery after receipt of a purchase order. Delivery time may be considered in making an award. Time may be of the essence for any orders placed as a result of this bid. The City reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made within the time(s) specified on the bid form. 6. FREIGHT TERMS The City’s freight terms are F.O.B. Destination (delivery point Independence, Missouri), Bill Receiver for small package shipments (UPS). For shipments over 150 pounds (LTL), the City uses The Logistics Store. Call 816.781.0450 for routing and freight billing instructions. Freight shall be shown as a separate line item cost and not included in the cost of the goods. Failure to follow these instructions may result in rejection of the bid. C.O.D shipments will not be accepted. 7. PACKAGING The City will not be liable for any charges for drayage, packing, cartage, boxing, crating or storage in excess of the purchase price unless stated otherwise in the bid document. 8. BRAND NAMES Whenever in the specifications of brand names, make, name of any manufacturer, trade name, or vendor catalog number is specified, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other brands or makes, the phrase OR APPROVED EQUAL is added. However, if a product other than that specified is bid, it is the bidder’s responsibility to identify such product in their bid and must prove to the City that said product is equal to or better than the product specified. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than that specified by the City. Such samples are to be furnished as specified in the bid document or upon request of the City. If samples should be requested, the City must receive such samples no later than the time specified in the formal, written request. 9. INSPECTION AND ACCEPTANCE No material received by the City pursuant to the purchase order issued under the terms and conditions of this bid document shall be deemed accepted until the City has had reasonable opportunity to inspect said material. All material which is discovered to be defective or which does not conform to any warranty of the Contractor herein, upon initial inspection, or at any later time if the defects contained in the material were not reasonably ascertainable upon the initial inspection, may be returned at the Contractor's expense for full credit or replacement. No goods returned as defective shall be replaced without Purchasing Manager's written authorization. Such return shall in no way affect City's discount privileges. Such right to return, offered to the City arising from the City's receipt of defective goods, shall not exclude any other legal, equitable or contractual remedies the City may have therefore.

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10. MATERIAL SAFETY DATA SHEET (MSDS) It is mandatory for a manufacturer, supplier, or distributor to supply an MSDS, as required by 29CFR 1910.1200, with the first shipment of hazardous material. Also, at any time the content of an MSDS is revised the vendor is required to provide new information relevant to the specific material. 11. GENERAL GUARANTY AND WARRANTY

The Contractor warrants that all materials, fixtures, and equipment furnished by the Contractor and his subcontractors shall be new, of good quality, and of good title, and that the work will be done in a neat and workmanlike manner. The Contractor also guarantees the workmanship and materials for a period of one year from the date of final acceptance of all the work required by the Contract. Furthermore, the Contractor shall furnish the Owner with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the Contract. 12. PATENTS The Contractor warrants that the articles described herein and the sale or use of them will not infringe upon any U.S. or foreign patent or copyright and Contractor covenants that he will at his own expense, defend every suit which may be brought against the City, or those selling or using City's product (provided Contractor is promptly notified of such suit and all papers therein are delivered to Contractor) for any alleged infringement of any patent or copyright by reason of the sale or use of such articles and Contractor agrees that he will pay all cost, damages and profits recoverable in any such suit. 13. INVOICES Invoices shall be prepared and submitted in duplicate unless otherwise specified. Invoices shall contain the following information: Contract number (if any), Purchase Order number, Item Number; contract description of supplies or services, sizes, quantities, unit prices and extended totals. Invoices for and inquiries regarding payment should be addressed to Accounts Payable in the Finance Department. Any delay in receiving invoices, or errors and omissions, will be considered just cause for delaying or withholding payment. 14. TERMS OF PAYMENT Unless otherwise noted, the City’s payment terms are NET thirty (30) days from receipt of invoice. 15. TAX EXEMPT The City is exempt from payment of the Missouri Sales Tax in accordance with Section 39 (10), Article 3, of the Missouri Constitution and is exempt from payment of Federal Excise Taxes in accordance with Title 26, United States Code annotated. 16. EXPENSES The City shall not be liable to the Contractor for any expenses paid or incurred by the Contractor unless otherwise agreed to in writing. 17. PAYROLL TAXES Payroll taxes, including federal, state and local taxes, shall not be withheld or paid by the City on behalf of the Contractor or for the employees of the Contractor. The Contractor shall not be treated as an employee for federal or state tax purposes with respect to the services performed under this Agreement. The Contractor shall be responsible to pay all taxes, as mandated by law. 18. FRINGE BENEFITS Since the Contractor is not an employee of the City's business, the Contractor is not eligible for and shall not participate in any employer benefit of the City, including pension, health or other fringe benefits. 19. TERM OF AGREEMENT If applicable, the term of the Agreement shall be specified in the bid document. Renewal options, if any, will also be specified in the bid document. 20. RENEWAL OPTIONS If specified in the original bid document, the City may exercise its option to renew the Contract/Agreement. The City will provide the Contractor with a written renewal notice sixty (60) days prior to the expiration date of the Contract period. Pricing shall be in accordance with the fees submitted on the original bid/proposal. All terms and conditions shall remain in effect during the subsequent renewal periods. 21. TERMINATION City may terminate or suspend performance of this Agreement for City’s convenience upon written notice to Contractor. City shall pay Contractor for all the services performed till the date of the termination by the City or suspension expenses.

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This AGREEMENT may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. Risk to persons or property shall result in immediate termination of the Agreement. 22. NOTICES Any notice given in connection with this Agreement shall be given in writing and delivered either by hand to the duly authorized representative or by certified mail, return receipt requested, to the Contractors’ address. Any party may change its notice address by giving notice of the change in accordance with this section. Any notice sent to the City should be sent to the attention of the Purchasing Manager, 111 E. Maple, PO Box 1019, Independence, MO 64051-0519. 23. ASSIGNMENT OF CONTRACT Neither City nor Contractor shall assign any rights or duties under this Agreement without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. 24. SUBCONTRACTS The Contractor shall not execute an Agreement with any subcontractor to perform any work without the written approval of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract. Nothing contained in the Conditions shall create any contractual relationship between any subcontractor and the Owner. 25. CHANGES Either party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, City and Contractor will agree to an equitable adjustment of the Agreement price, period of service, or both, and will reflect such adjustment in a change order or formal amendment which shall be in writing and signed by both parties. 26. GENERAL INDEMNIFICATION Having considered the potential liabilities that may exist during the performance of this Agreement and the Contractor’s fee, and in consideration of the mutual covenants contained in the Agreement, City and Contractor agree to allocate and limit such liabilities in accordance with this Article. Contractor agrees to defend, indemnify, and hold harmless City, from and against legal liability for all claims, losses, damages, and expenses resulting from death or bodily injury to any person and damage or destruction to property to the extent such claims, losses, damages or expenses are caused by its negligent acts, errors, or omissions. In the event such claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Contractor and City, they shall be borne by each party in proportion to its own negligence. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees. 27. WORKER'S COMPENSATION The City shall not obtain worker's compensation insurance on behalf of the Contractor or the employees of the Contractor. The Contractor shall comply with the worker's compensation law concerning its business and its employees. 28. INSURANCE Unless otherwise stated in the specifications, the Contractor shall procure and maintain insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the materials, equipment or supplies provided to the City. The insurer(s) must be licensed for business in the State of Missouri and maintain an A.M.Best rating of no less than A: VII; or an insurer approved by the City. Each policy requires a minimum cancellation notification of at least 30 days’ advance written notice to the City. Contractor must demonstrate the following insurance coverage in accordance with the estimated value limits (formal vs. informal). The bid document will specify whether a solicitation is “formal” or “informal”. Informal Purchases (less than $25,000) (1) General Liability Insurance, with a $500,000 combined single limit.

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Formal Purchases ($25,000 and over) (1) General Liability Insurance, with bodily injury and property damage limits of $1,000,000 for each occurrence with a

$2,000,000 general aggregate and $2,000,000 products and completed operations aggregate. (2) Automobile liability Insurance for any owned, hired and non-owned vehicles, with bodily injury limits of $1,000,000 for

each person and $1,000,000 for each accident, and with property damage limits of $1,000,000 for each accident; OR $1,000,000 Combined Single Limits, including bodily injury and property damage.

The above limits are the minimum acceptable and do not infer or place a limit on the liability of the Supplier. The City is to be named as an additional insured as the City's interest may appear in regards to the materials, equipment or supplies provided the City. The Supplier's insurance shall be primary and any insurance or self-insurance maintained by the City shall be excess for the City and not contribute with the coverage maintained by the Supplier. 29. AVAILABILITY OF FUNDING Any resulting Agreement, Contract, or issuance of Purchase Orders is contingent upon the availability of funding and allocation of City funds. The City may cancel any Agreement, Contract, or Purchase Order immediately, by giving written notice to the Contractor, in the case of a reduction or elimination of funds or funding for any project, commodity or service. 30. NO AUTHORITY TO BIND CITY The Contractor has no authority to enter into contracts on behalf of the City. This Agreement does not create a partnership between the parties. 31. NON-WAIVER The failure of either party to this Agreement to exercise any of its rights under this Agreement at any time does not constitute a breach of this Agreement and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. 32. COMPLIANCE WITH LAWS The Contractor represents that it has complied with all federal, state and local laws regarding business permits and licenses that may be required to carry out the work to be performed under this Agreement. 33. FORCE MAJEURE Neither party shall be liable for delays, or defaults in the performance of this contract due to Acts of God or the public enemy, riots, strikes, fires, explosions, accidents, governmental action of any kind or any other causes of a similar character beyond its control and without its fault or negligence. 34. AUDIT The City shall have the right to audit this Contract and all books, documents and records relating thereto. Contractor shall maintain all its books, documents and records relating to this Contract during the contract period and for three (3) years after the date of final payment. The books, documents and records shall be made available to the City within ten (10) days of receipt of the written request. 35. CHOICE OF LAW This AGREEMENT shall be governed by the laws of the State of Missouri. The CITY and the CONTRACTOR agree that the performance of this Agreement will be deemed to have occurred in the State of Missouri and that CONTRACTOR’s performance under this Agreement will be deemed the transaction of business in Missouri. Jurisdiction and venue for any claim or cause of action arising under this Agreement shall be exclusively in the Sixteenth Judicial Circuit of Missouri and the CONTRACTOR submits to personal jurisdiction of and waives any personal jurisdiction or inconvenient forum objection to, that court. 36. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 37. ENTIRE AGREEMENT The bid document, including these Terms and Conditions, Contractor’s response and purchase order shall constitute the entire Agreement. In case of a discrepancy, the purchase order shall take precedence over the bid document and the bid

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document shall take precedence over the Contractor’s response. This Agreement may be supplemented, amended or revised only by a written modification that is signed by each party.

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Instructions to Bidders The instructions described herein shall apply to all purchases of materials, equipment and supplies. These instructions shall prevail unless otherwise modified by the City within the bid document. Bidders may view and download bid documents from www.publicpurchase.com, via the City’s website, www.indepmo.org. Click Business on the Home Page, the Business icon on the next page, and View Bid Opportunities. Bidders using a bid form not obtained www.publicpurchase.com risk not receiving necessary addenda, possibly eliminating their bids from consideration. Questions regarding the bid process should be submitted via www.publicpurchase.com. The City will respond to questions via www.publicpurchase.com, thus providing all questions and answers to all prospective bidders. 1. DEFINITIONS

A. The term “City” means the City of Independence, MO. B. The term “Contractor” means the person or organization that receives the award in the bid process. C. The term “Invitation to Bid” means a solicitation of sealed bids. The acronym “ITB” means Invitation to

Bid. D. The term “bid document” means the ITB. E. The term “bidder” or “offeror” means the person or organization responding to an ITB with a sealed bid. F. The term “bid” means the price submitted by the bidder in response to an ITB.

2. PREPARATION OF BIDS

A. Bidders are responsible for conducting site visits (if applicable), attending pre-bid conferences (if applicable) and examining all drawings, specifications, schedules, etc., included in the bid document. Failure to do so will be at the bidder's risk.

B. Each bidder shall furnish the information required by the bid document. The bidder shall complete all sections requiring information or a signature. The person signing the offer must initial erasures or other changes. An agent duly authorized to enter the firm into a legally binding, contractual agreement must sign the document.

C. Unit price for each unit bid shall be shown and such price shall include packaging for shipment unless otherwise specified. A total shall be entered in the total column for each item bid. In case of discrepancy between a unit price and extended price, the unit price will be presumed to be correct.

D. Bidders are to prepare their bids for City projects without including sales tax. E. Alternate bids for supplies or services other than those specified will not be considered, unless authorized

by the invitation. F. Bidder must state a definite time for delivery of supplies or services, unless otherwise specified in the

invitation. G. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. H. If the item has a trade name, brand and/or catalog number, such must be stated in the bid. I. Freight, if applicable, shall be shown as a separate line item cost and not included in the cost of the goods. J. Prices quoted are to be firm and final. K. In submitting bids, Bidder agrees that the City shall have ninety (90) days in which to accept or reject any of

the bids submitted, unless otherwise specified on the bid page. L. Bidders shall submit one (1) electronic copy of the bid, via www.publicpurchase.com. M. Bond requirements and liquidated damages, if applicable, will be set forth in the specifications.

3. BUY AMERICAN AND DOMESTIC PRODUCTS POLICY STATEMENT

It is the policy of the City of Independence, Missouri, to buy materials, products, supplies, provisions, and other articles produced, manufactured, compounded, made or grown within the State of Missouri, when they are found in marketable quantities in the state and are of a quality suited to the purpose intended and can be secured without additional cost over products of other states; provided however, that quality and fitness of articles shall be considered in purchasing or letting contracts for articles herein mentioned.


http://www.independencemo.org/





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It is also the policy of the City of Independence to buy goods or commodities that have been manufactured, assembled, or produced in the United States of America, unless:

A. The purchase, lease, or contract involves an expenditure of less than one thousand dollars ($1,000). B. Only one line of a particular good or product is manufactured, assembled, or produced in the United

States. C. The specified products are not manufactured, assembled, or produced in the United States in sufficient

quantities to meet the City's requirements or cannot be manufactured, assembled, or produced in the United States within the necessary time in sufficient quantities to meet the City's requirements; or

D. Obtaining the specified products manufactured, assembled, or produced in the United States would increase the purchase price by more than ten percent (10 percent).

E. In order to qualify for the preference, it must be clearly stated on the pricing sheet whether the materials quoted were manufactured, assembled or produced in the United States of America. If multiple items are listed in the bid request, it must be clearly stated on the pricing sheet which items were manufactured, assembled or produced in the United States of America.

4. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this agreement/contract or purchase order, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, national origin or any other legally protected category. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, age, color, religion, sex, or national origin. Such action shall include, but not to be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, sex, or national origin.

C. The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the organization's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

F. In the event of the Contractor's noncompliance with the non-discrimination clauses of this agreement/contract or purchase order with any of the said rules, regulations, or orders, this agreement/contract or purchase order may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for any further government agreement/contracts or purchase order or federally assisted agreements/contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

G. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of noncompliance;

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provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

5. CONFLICT OF INTEREST AND DEBARMENT

By submission of its response, the Contractor certifies that: A. No Councilmember, nor the City Manager, the Director of Finance or the City Purchasing Manager is

financially interested in what the Bidder is offering to sell to the City pursuant to this invitation, nor is the Bidder a City employee or board member whose bid creates a conflict of interest. A conflict of interest would arise if a City employee or board member were in a position to affect either the decision to solicit bids or the selection of the successful bidder;

B. Bidder has not participated in collusion or committed any act in restraint of trade, directly or indirectly, which bears upon anyone's response or lack of response to this Invitation; and

C. The authorized signer of the bid document certifies that the Contractor and each of its principals are not suspended or debarred by the City of Independence, State of Missouri or Federal government.

6. SUBMISSION OF BIDS

A. Bids and any modification thereof (addendum) shall be submitted electronically, via www.publicpurchase.com.

B. Telephonic or faxed bids will not be considered, unless authorized by the invitation. C. Samples of items, when required, must be submitted within the time specified and unless otherwise

specified by the City, at no expense to the City. If not consumed by testing, samples will be returned at bidders request and expense, unless otherwise specified by the invitation.

D. Bids will be opened electronically at the date and time indicated on the Cover Page. After opening, no pricing information will be provided until, in the case of an informal bid (up to $25,000), the five-day protest period has passed, or, in the case of a formal bid (over $25,000), a Notice of Intent to Award has been posted on the City’s website/www.publicpurchase.com. Following either of the above scenarios, the bid tabulation will be posted at www.publicpurchase.com.

7. MODIFICATION OR WITHDRAWAL OF BIDS

Modification or withdrawal of bids will be via publicpurchase.com. Click on “Edit” response and delete the desired item(s) previously entered. Delete any uploaded documents, and click “Save”. This will remove the initial response.

The City reserves the right to officially modify or cancel a bid after issuance. Such modifications will be made only by written addendum. Bidders must sign the addendum and submit the document as part of the bid via www.publicpurchase.com. This must be completed prior to the stated time of the bid opening.

8. LATE BIDS

It is the responsibility of the bidder to submit the bid on or before the date and time of the bid receipt deadline. Bids will NOT be accepted after the date and time of closing under any circumstances.

9. QUALIFICATIONS OF BIDDERS

The City shall exercise due diligence in determining the responsibility of bidders. The bidder shall furnish all information, within the time frame specified, if requested by the City. The City reserves the right to reject any bid if the information is not submitted in a timely manner or the information, or subsequent investigation, fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work as specified in the bid document. The City may consider the following factors in determining a bidder’s responsibility:

A. The ability, capacity, and skill of the bidder to perform the contract or provide the required materials,

equipment or supplies; B. Whether the bidder can perform the contract or provide the materials, equipment or supplies promptly or

within the time specified, without delay or interference; C. The quality of performance in previous contracts;




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D. The previous and current compliance by the bidder with laws and ordinances related to the contract or service;

E. The sufficiency of the bidder’s financial resources to perform the contract or provide the commodities; and

F. The ability of the bidder to provide future maintenance and service. 10. AWARD

Award will be made to the lowest responsible bidder who submits the bid most advantageous to the City. The City reserves the right to accept or reject any or all bids or part of bids, make multiple awards, to waive irregularities and technicalities, and to request re-bids on the materials or services described in the bid documents. The City also reserves the right to award the contract on such materials or services as the City deems will best serve its interests. The City reserves the right to award the contract on a partial-order basis, lump-sum or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified. Conditional bids are subject to rejection in whole or in part at the sole discretion of the City.

11. RIGHT OF PROTEST

The Purchasing Manager, or appointed designee, will accept written protests regarding the solicitation of any goods, services or commodities with a dollar value of $25,000 or less within five (5) business days of a bid opening. For purchases over $25,000, a Notice of Intent to Award will be posted on the Internet at www.publicpurchase.com. Any bid protest must be filed within five (5) business days of the date of posting of the Notice. Neither the City, nor Public Purchase shall be responsible for directly notifying bidders of the Notice of Intent to Award.

Protests must be received in the office of the Purchasing Manager and must contain the following information: A. Company name, address, phone number and signature of the authorized representative; B. Solicitation number; C. Detailed statement describing the grounds for the protest; and D. Supporting evidence or documents to substantiate the claim. The Director of Finance and Administration will review the information provided and issue a written decision within five (5) business days of receipt of the protest. This decision shall be final.


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Lawn Care for Health Department Price Agreement 315-15

GENERAL SPECIFICATIONS

1. Any price increases/decreases for fuel will be in accordance with the cost adjustment formula included in this Invitation to Bid.

2. Successful vendor must secure all necessary licenses and permits required by law and City

Code. 3. Bidder is required to submit three (3) references with bid. 4. Successful vendors will be responsible for supplying all necessary equipment, materials,

products, and labor to perform lawn care service.

5. Blanket purchase orders will be issued against this price agreement. All invoices must include the purchase order number. Successful vendor shall an invoice once a month for jobs completed. Current purchase order number must appear on all invoices. Payment may be delayed if omitted or incorrect submitted incorrectly.

6. Estimated mowing and trimming schedule will vary depending on growth of grass.

7. Successful vendor shall respond and complete requested mowing/trimming job within forty-eight

(48) hours after notification (except during inclement weather). 8. Work must be done to the satisfaction of the department. If not done to the department’s

satisfaction, vendor shall return and complete the work at no additional charge.

9. The successful vendor will be required to begin mowing by April 1st. The mowing season is estimated to extend through the end of October. The City, as dictated by growth conditions, will determine the actual starting and ending dates of the mowing season. Weeding shall be done at a minimum of every four (4) weeks during the growing season.

10. The successful vendor agrees to allow the City of Independence to modify the number of

locations and add or delete locations based upon the best interest of the City.

11. The successful vendor shall be responsible to remove and dispose of all paper and other types of trash and debris before a lot is mowed. If trash is mowed over and debris is left, vendor will not be paid for that mowing! Vendor must also remove any tree branches that have fallen, which are three (3) inches in diameter or smaller.

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Lawn Care for Health Department Price Agreement 315-15

GENERAL SPECIFICATIONS - Continued

12. The vendor will be required to mow grass, weeds, brush and any other vegetation, to

a height of not more than three (3) inches above the ground. This is to include all vegetation with a diameter of one inch or less. The vendor will also be required to trim all of the above types of vegetation to a height of not more than three (3) inches above the ground. This refers to areas along sidewalks, curbs, structures and trees with a diameter greater than one inch. This is to be performed over the entire area.

13. The successful vendor must remove all grass clippings from sidewalk, parking lot,

and curb areas. Vendor shall not dispose of grass clippings in storm drains.

14. Work shall be performed with riding lawn mowers, hand lawn mowers, and hand trimmers.

15. Submit a list of the type and quantity of equipment you have available for this work

(on a separate sheet).

16. Successful vendor must have available backup equipment, in case of equipment failure, to enable project to be finished in required time frame.

17. It is the responsibility of the bidder to contact the Department representative for any

questions or to view the locations prior to submitting a bid.

18. Any exceptions to our specifications must be clearly noted on bidder’s submitted bid. Failure to do so may result in rejection of the bid.

19. Bid results will not be provided over the phone. A bid tabulation will be posted on

www.publicpurchase.com .


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HEALTH/CODE COMPLIANCE Lawn Care

Price Agreement 315-15 ITEMS

Weed mowing and refuse removal. 1. Rough mowing, tractor with operator 2. Push mower with operator 3. Weedeater with operator 4. Chain saw with operator 5. Power blow sweeper and operator 6. Tractor equipment and operator 7. Hauling trailer and operator 8. Dump truck with operator 9. Labor only, i.e. refuse removal, etc. 10. Appliance disposal 11. Tire disposal 12. Response time required 13. Mileage to disposal area (will be reimbursed one-way) 14. Working foreman 15. General foreman 16. Cost for operator and bobcat with a claw. 17. Cost plus mark-up for supplies (grass seed, fertilizer, weed control, fill dirt etc.) Disposal area location for trash and debris ____________________________________________________________________ Disposal area location for cut vegetation and brush. _____________________________________________________________________

The City reserves the right to make multiple awards from this IFB.

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Health Department Lawn Care Price Agreement 315-15 Renewal Options

COST ADJUSTMENTS FOR FUEL ONLY Price adjustments for fuel will be limited to one per quarter and only when the cost of fuel has increased twenty (20) percent or more, based on the Weekly Retail On-Highway Diesel Prices (Midwest PADDII), calculated by the Energy Information Administration, U.S. Department of Energy. The formula includes a factor that estimates the portion of the bid price allocated to fuel costs. Example: Assume the City receives a request for a price adjustment on June 1, 2015. The price per gallon at the start date of the contract (April 1, 2015) was $2.34/gallon. Therefore, the price must increase to $2.81 per gallon before a price adjustment will be warranted (20% of $2.34 is $0.47 and $2.34 + $0.47 = $2.81). With this example, looking to the future the three months prior to the requested increase are: Date Price ($/Gallon) 4/1/15 $2.77 5/1/15 $3.09 6/1/15 $3.23 Average $3.03 Based on these example costs, the payment adjustment would be as follows: (3.03 - 2.34) = .29 X .10 X 100 = 2.9% 2.34 If the price to mow a parcel of City property was $15.00, then the price adjusts to $15.44. $15.00 X 1.029 = $15.44 (rounded to the nearest tenth). This formula will be used to adjust the price of each parcel in the agreement. This adjustment will also be used if the price decreases more than twenty (20) percent. If the Purchasing Division receives a request for a two percent (2%) increase across-the-board for the properties they mow for the City, the response will be no. Price adjustments will only be granted to address unforeseen spikes in fuel costs. The contract start date will be April 1, 2015. The cost of fuel indicated on the Weekly Retail On-Highway Diesel Prices as of April 2, 2015, will be the figure used for comparison when requests for adjustments are received.

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Health Department Lawn Care Price Agreement 315-15

Renewal Options The renewal option agreement terms shall carry the same terms and conditions as stated within this original Price Agreement. Please indicate your response: Vendor agrees to a second-year period of this Price Agreement. Enter “1” for yes or “2” for no Vendor agrees to a third-year period of this Price Agreement. Enter “1” for yes or “2” for no




Action Requested: Board of Aldermen approval for Nuisance Abatement Services. Recommendation: Staff recommends approval of the Resolution. Analysis: The City of Raytown currently has an Agreement for Nuisance Abatement Services with a contractor that was approved by the Board of Aldermen in 2012. The services provided through this agreement include mowing of grass and weeds that are in violation of City code (e.g. in excess of eight inches in height); removal of junk, trash and debris from property, and boarding up of vacant and abandoned buildings. This spring the Development and Public Affairs Department has experienced a lack of responsiveness from the City’s current contractor that has resulted in numerous work orders not being completed in the time frame established in our Agreement (72 hours from issuance of each work order). Due to this lack of responsiveness it has caused a delay in getting work orders completed and as a result getting certain violations corrected. Therefore, staff has contacted the cities of Independence and Lee’s Summit regarding their nuisance abatement contracts, which were cooperatively bid, and have met with both of the contractors for these two cities. Both contractors indicated willingness and the capacity to perform our nuisance abatement services. Therefore, the attached resolution would allow the City of Raytown to utilize the City of Lee’s Summit nuisance abatement contractor through October 31, 2015 with the option to extend the Agreement with the contractor for an additional two (2) years in accordance with the full length of the City of Lee’s Summit contract. Please note a similar resolution is on the meeting agenda for the contract that the City of Independence has for nuisance abatement services so that the Development and Public Affairs Department can also utilize their contractor. This will enable us to more rapidly catch up on the work orders that currently need to be completed as well as provide increased capacity to perform future work orders. The fees associated with the contract are comparable to the fees in our current contract; therefore, we do not anticipate this will cause an increase in our currently budgeted amount for nuisance abatement services. Alternatives: Reject the proposed resolution and direct staff to release a request for bids for nuisance abatement services. Budgetary Impact:


Additional Reports Attached: City of Lee’s Summit Nuisance Abatement Services Contract

RESOLUTION NO. R-2782-15

V:\Board of Aldermen Meetings\Agendas\Agendas 2015\05-19-15\Reso Nuisance Abatement Services-City of Lee's Summit.docx

A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH AFFORDABLE LAWN CARE FOR MOWING AND NUISANCE ABATEMENT SERVICES IN THE CITY OF RAYTOWN, MISSOURI UTILIZING THE CITY OF LEE’S SUMMIT, MISSOURI COOPERATIVE PURCHASE CONTRACT

WHEREAS, the City of Raytown’s Development and Public Affairs Department periodically identifies the need of mowing and nuisance abatement services; and

WHEREAS, the City of Raytown currently has a contact with Infinity Building Services

for mowing and nuisance abatement services, which is in the process of being terminated; and

WHEREAS, the City of Raytown in the adoption of its purchasing policy has approved the practice of utilizing competitive bids awarded by other governmental entities through a competitive bidding process; and

WHEREAS, the City of Lee’s Summit, Missouri has competitively bid mowing and nuisance abatement services and has determined Affordable Lawn Care to be the most competitive bid; and

WHEREAS, the cost of mowing and nuisance abatement services from Affordable Lawn

Care is anticipated to exceed $15,000.00 during Fiscal Year 2014-2015; and WHEREAS, the City of Raytown finds it is in the best interest of the citizens of the City of

Raytown to authorize and approve mowing and nuisance abatement services from Affordable Lawn Care within budgeted amounts for the Fiscal Year 2014-2015 utilizing the City of Lee’s Summit, Missouri cooperative purchase contract;


CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the cost of mowing and nuisance abatement services from Affordable Lawn Care.

within budgeted amounts for the Fiscal Year 2014-2015 utilizing the City of Lee’s Summit, Missouri cooperative purchase contract, is hereby authorized and approved; and

FURTHER THAT the City Administrator is authorized to execute all documents necessary to these transactions and the City Clerk is authorized to attest thereto.


the City of Raytown, Missouri, the 19th day of May, 2015. __________________________________ Michael McDonough ATTEST: Approved as to Form: ____________________________ __________________________________ Teresa M. Henry, City Clerk Joe Willerth, City Attorney