Oklahoma City Zoology Trust

Regular Meeting

Oklahoma City, OK · September 25, 2024

By The City of Oklahoma City Office of the City Clerk at 10:21 am, Sep 23, 2024 OKLAHOMA CITY ZOOLOGICAL TRUST Meeting Agenda Zoo Administration Building, Savanna Conference Room September 25, 2024 - 4:30 p.m. OKLAHOMA CITY ZOOLOGICAL TRUST MEMBERS Vicki Howard, Chairperson Nikki Nice, Councilwoman, Ward 7 Jon Trudgeon, Vice-Chairperson Dustin Fredrick Pama Palmer, Secretary Aimee Salalati David Holt, Mayor Derek Albro Heather Ross, Surrogate to the Mayor Craig Freeman, City Manager Dwight Lawson, PhD, Executive Director/CEO LaShawn Thompson, Surrogate to the City Manager INFORMATION ABOUT OKLAHOMA CITY ZOOLOGICAL TRUST MEETINGS The Oklahoma City Zoological Trust meets on the fourth Wednesday of each month at 4:30 p.m. in the Zoo Administration Building, located at 2000 Remington Place, Oklahoma City, Oklahoma 73111. Free parking is available in the Zoo parking lot. It is the policy of the Oklahoma City Zoological Trust to ensure that communications with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability who requires an accommodation, a modification of policies or procedures, or an auxiliary aid or service in order to participate in this meeting should contact the Zoo at 405-425-0231 as soon as possible, but not later than 48 hours (not including weekends or holidays) before the scheduled meeting. The Zoo will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability. If you need an alternate format of the agenda or any information provided at said meeting, please contact the Zoo at 405-425-0231 at least 48 hours prior to the scheduled meeting. ADDRESSING THE OKLAHOMA CITY ZOOLOGICAL TRUST Citizens may address the Trust on certain items by signing up to speak and providing the agenda item number, their reason for appearing, and their address, but all comments must be relevant to the item. Citizens may also address the Trust at the end of the agenda under “Citizens to be heard.” Please contact the Zoo at 405- 425-0231 at least 48 hours prior to the meeting, and leave a message that includes your name, the agenda item number, and the reason you would like to speak. Staff will submit requests received to the Chair. Please limit your comments to three (3) minutes or less. The Chair or presiding officer may, in his or her discretion, prohibit a person from addressing the Trust, or have any person removed from the Auditorium, if that person commits any disorderly or disruptive behavior. Disorderly conduct includes, but is not limited to, any of the following: speaking without being recognized by the Chair or presiding officer; continuing to speak after notice that the speaker’s allotted time has expired; presenting comments or material not relevant to the item under discussion; failing to comply with the lawful instructions of the Chair or presiding officer; or engaging in other conduct, activity, or speech that delays, disturbs, interferes, or disrupts the effective or timely conduct of the meeting, or is otherwise violent, threatening, abusive, obscene, or jeopardizes the safety of self or others. A person may also be subject to Page 1 of 56 arrest and removal from the Auditorium for violation of Oklahoma City Municipal Code 2020, § 3081 – Disorderly conduct and/or violation of 21 Okla. Stat. § 280 – Willfully Disturbing, Interfering With or Disrupting State Business, Agency Operations or Employees. TRUST ACTIONS Official action can be taken only on items which appear on the agenda. The Trust may adopt, approve, ratify, deny, defer, recommend, amend, strike, or continue any agenda item. Other actions may also be taken. When more information is needed to act on an item, the Trust may refer the matter to the Executive Director/CEO or the Municipal Counselor. The Trust may also refer items to standing committees of the Trust for additional study. Under certain circumstances, items are deferred to a specific later date or stricken from the agenda entirely. CONSENT DOCKET Items listed under “Consent Docket” are usually approved as a group with the proper motion from a member of the Trust. Members of the Trust may request discussion or separate action on any item on the Consent Docket. For more information about the Oklahoma City Zoological Trust, please call 405-424-3344. Page 2 of 56 AGENDA I. Meeting Minutes A. Minutes of August 28, 2024, Oklahoma City Zoological Trust Meeting .................................................................................................................................................. Pages 4-6 II. Staff and/or Committee Updates A. Financial Report of August, 2024 ..................................................................................... Pages 7-10 III. Items for Individual Consideration A. Revocable Permit with the Oklahoma Monarch Society, Inc..................................... Pages 11-25 B. Revocable Permit with the City of Oklahoma City’s Office of Sustainability ....................................................................................................................... Pages 26-36 C. Reject bids, Project MZ-0073, Oklahoma City Zoo Well Houses and Rebid Project ...................................................................................................................... Pages 37-47 D. Change Order No. 1, Project MZ-0069-1, “Oklahoma City Zoo Sea Lions Exhibit – Phase 1 - Demolition,” decrease of $3,005 ....................................... Pages 48-53 E. Enter into Executive Session to Discuss the Annual Evaluation of the Executive Director/CEO, Dwight Lawson, as Authorized by 25 O.S. (2023 Supp.) § 307 (B)1 ........................................................................................................... Page 54 F. Resolution Establishing a New Annual Salary and Effective Date for Executive Director/CEO, Dwight Lawson .................................................................. Pages 55-56 IV. Items from Trustees V. Staff Reports A. Executive Director’s Report VI. Citizens to Be Heard VII. Adjournment Page 3 of 56 JOURNAL OF TRUST PROCEEDINGS AUGUST 28, 2024 ZOO ADMINISTRATION BUILDING Trustees Present: Vicki Howard, Chairperson Jon Trudgeon, Vice-Chairperson Pama Palmer, Secretary LaShawn Thompson, Surrogate to the City Manager Nikki Nice, Councilwoman, Ward 7 Aimee Salalati Derek Albro Dustin Fredrick Staff Present: Dwight Lawson, CEO, Executive Director Trevor Leonard, COO Rebecca McReynolds, CFO Greg Heanue, CMO Tammy Burnett, CHRO Mandy Heaps, OZS Executive Director Kate Winters, Executive Assistant Others Present: Christopher Hall, Assistant Municipal Counselor, City of Oklahoma City Hannah Gibson, Assistant Municipal Counselor, City of Oklahoma City Chad Yarbrough, Catch-A-Ride Pedicab John Hooper, Be Better Biking Jonathan Hooper, Be Better Biking Kent Kelso, K&H Pedicab Josh Martin, K&H Pedicab Phillip Stanton, VFP Jackie Haverly, OKC Mayor’s Committee on Disability Concerns Agenda Topics I. Meeting Minutes A. Minutes of July 24, 2024 APPROVED. Moved by Trustee Derek Albro. Seconded by Trustee Jon Trudgeon. AYES: Trustees Vicki Howard, Jon Trudgeon, Pama Palmer, Nikki Nice, LaShawn Thompson, Aimee Salalati, Derek Albro, Dustin Fredrick. II. Staff and/or Committee Updates A. Financial Reports of July, 2024. CFO, Rebecca McReynolds, provided information on the financial report of July, 2024. Page 4 of 56 Oklahoma City Zoological Trust August 28, 2024 Page 2 of 3 RECEIVED. Moved by Trustee Derek Albro. Seconded by Trustee Jon Trudgeon. AYES: Trustees Vicki Howard, Jon Trudgeon, Pama Palmer, Nikki Nice, LaShawn Thompson, Aimee Salalati, Derek Albro, Dustin Fredrick. III. Items for Individual Consideration A. Amendment No. 1 Oklahoma City Zoological Trust 1% for Art-Public Art Commission Agreement Zoo Shore to Sea Exhibit CEO, Dwight Lawson, explained the Amendment No. 1 for the Art Agreement for Shore to Sea. APPROVED. Moved by Trustee Jon Trudgeon. Seconded by Trustee Derek Fredrick. AYES: Trustees Vicki Howard, Jon Trudgeon, Pama Palmer, Nikki Nice, LaShawn Thompson, Aimee Salalati, Derek Albro, Dustin Fredrick. B. Agreement Between the Oklahoma Zoological Trust and Oklahoma County for Landscaping Services Dwight Lawson presented the annual agreement with the Shine Group. APPROVED. Moved by Trustee Jon Trudgeon. Seconded by Trustee Pama Palmer. AYES: Trustees Vicki Howard, Jon Trudgeon, Pama Palmer, Nikki Nice, LaShawn Thompson, Aimee Salalati, Derek Albro, Dustin Fredrick. C. Enter into Executive Session to Discuss the Annual Evaluation of the Executive Director/CEO, Dwight Lawson, as Authorized by 25 O.S. (2023 Supp.) § 307 (B)1 APPROVED. Moved by Trustee Jon Trudgeon. Seconded by Trustee Pama Palmer. AYES: Trustees Vicki Howard, Jon Trudgeon, Pama Palmer, Nikki Nice, LaShawn Thompson, Aimee Salalati, Derek Albro, Dustin Fredrick. D. Resolution Establishing a New Annual Salary and Effective Date for Executive Director/CEO, Dwight Lawson TABLED. Moved by Trustee Jon Trudgeon. Seconded by Trustee Pama Palmer. AYES: Trustees Vicki Howard, Jon Trudgeon, Pama Palmer, Nikki Nice, LaShawn Thompson, Aimee Salalati, Derek Albro, Dustin Fredrick IV. Items from Trustees A. Thank you to Zoo staff for helping make the City Manager Retreat a success. V. Staff Reports A. Animal Care – Dwight Lawson gave the report; Hoofstock introductions are going well and the next step with the giraffes should be in a couple weeks. The Hoofstock team have been working with the giraffes for hoof trims and they have been able to retrieve blood from the male. Pele, one of our African Painted Dogs, underwent a successful leg removal surgery and she is doing well. B. Capital Projects – Dwight Lawson shared the update; glamping tent is progressing and has a floor. We have a new Shore to Sea logo and the Aquarium concept is progressing. Our accreditation hearing is on September 15th. Page 5 of 56 Oklahoma City Zoological Trust August 28, 2024 Page 3 of 3 C. Conservation & Science – Dwight Lawson gave the update; Nature Explorers Preschool is doing well, but we are considering a part-time option. The Zoo hosted the OK Monarch Summit recently and Zoo staff served on steering committees and working groups. D. Human Resources – Tammy Burnett presented HR news; Turnover is continuing to be low and the volunteer program continues to grow. We have a few open positions. E. PR & Marketing – Greg Heanue provided the PR & Marketing update; July marked a strong start to the fiscal year. Membership and general admission stake the largest portions of attendance and one-third of our guests use free or discounted programs. 91% of guests report satisfaction in our exit surveys and we exceeded our membership goal. Cat Day and World Elephant Day were very popular. Haunt the Zoo tickets are on sale and selling well. The Zoo is hosting Nature Cat on Saturday, Sept 7th. And Curbside Chronicle continues the September tradition with the Zoo on the front cover and a free admission ticket inside. F. OZS – Mandy Heaps gave the OZS update; Lion Cub Club ended up raising over $18,000 and the Making Tracks program recently had a $25,000 donation. We have been busy with ribbon cuttings for benches and donor signage. Gala grossed over $360,000 and we were able to keep expenses under budget. ZOObrew has broken sponsorship records, but we still have a few regular admission tickets available. VI. Citizens to be Heard. A. Pedicab representatives communicated information on business practices and their history here at the Zoo Amphi- theatre. Sharing steps, they take to safely and successfully operate. The group proposed a potential pathway for pick up and drop off. A discussion on permits and the proposed pathway commenced. MOVED TO BEGINNING. Moved by Trustee Jon Trudgeon. Seconded by Trustee Pama Palmer. AYES: Trustees Vicki Howard, Jon Trudgeon, Pama Palmer, Nikki Nice, LaShawn Thompson, Aimee Salalati, Derek Albro, Dustin Fredrick VII. Adjournment There being no further business to come before the Trust, the Chairperson declared the meeting adjourned at 5:55pm. Page 6 of 56 MEMO To: Oklahoma City Zoological Trust From: Dwight Lawson, Rebecca McReynolds Date: September 25, 2024 FY-25 Financial Summary as of August 31, 2024 FY- 24 FY- 24 Variance FY- 23 Variance Act- Variance Attendance: Actuals Budget Amount Variance % Actuals Last Year % Current Month 71,407 82,000 (10,593) -12.9% 73,637 (2,230) -3.0% Year to date 152,027 161,000 (8,973) -5.6% 157,593 (5,566) -3.5% Operating Revenue: Current Month $838,848 $1,044,996 ($206,148) -19.7% $709,635 $129,213 18.2% Year to date 1,931,256 2,063,873 (132,617) -6.4% 1,819,618 111,638 6.1% Per-Capita Revenue for the month was $11.75. Year to date per capita revenue is $12.70 which is $0.12 less than the budget of $12.82. Other Revenue: Current Month $102,338 $93,881 $8,457 9.0% $88,972 $13,366 15.0% Year to date 615,840 556,920 58,920 10.6% 545,581 $70,259 12.9% Operating Expenses: Current Month 1,658,199 1,819,790 ($161,591) -8.9% 2,108,332 ($450,133) -21.4% Year to date 3,473,405 3,926,974 (453,569) -11.6% 3,486,493 (13,088) -0.4% Operating Profit (Loss): Current Month ($717,013) ($680,913) ($36,100) 5.3% ($1,309,725) $592,712 -45.3% Year to date ($926,309) ($1,306,181) 379,872 -29.1% ($1,121,294) 194,985 -17.4% Sales Tax Revenue: Current Month $1,490,112 $1,580,417 ($90,305) -5.7% $1,577,470 ($87,358) -5.5% Year to date 3,020,919 3,111,326 (90,407) -2.9% 3,131,366 (110,447) -3.5% Net Income (Loss): Current Month $773,099 $899,504 ($126,405) -14.1% $267,745 $505,354 188.7% Year to date 2,094,610 1,805,145 289,465 16.0% 2,010,072 84,538 4.2% Annual YTD Budget Capital/Other: Budget Expenses Remaining % Capital Improvements $500,000 $47,711 $452,289 90.5% Remaining to OZS Fundraising: Annual Budget YTD Income Goal % 2024 Events/Fundraising/Endowments $1,546,390 $153,663 $1,392,727 90.1% 2024 Zoo Support 1,473,383 21,784 1,451,599 98.5% Page 7 of 56 OKLAHOMA CITY ZOOLOGICAL TRUST FY 2024-25 Capital Projects Department Project Name Budget YTD Exp Balance Status Ambassador Animals Outdoor Habitats 17,500.00 - 17,500.00 Not Started Birds Overwintering Brooder Boxes 1,000.00 - 1,000.00 Not Started Events Picnic Table Replacement 10,000.00 - 10,000.00 Not Started Guest Experience Plaza Storage 5,500.00 - 5,500.00 Not Started Guest Experience Guest Experience Carpet 25,057.67 - 25,057.67 Not Started Hort/Grounds Green Works 10,000.00 - 10,000.00 Not Started Hort/Grounds Zero Turn Mowers 8,000.00 - 8,000.00 Not Started Maintenance Boardwalk Repairs 50,000.00 15,349.32 34,650.68 Not Started Maintenance Roof Replacement 50,000.00 - 50,000.00 Not Started Maintenance Concrete Repair 50,000.00 - 50,000.00 Not Started Maintenance HVAC 100,000.00 22,761.62 77,238.38 Not Started Maintenance Cat Forest Floor 25,000.00 - 25,000.00 Not Started Maintenance Great Escape Floor 25,000.00 - 25,000.00 Not Started Technology ACME Box Office Windows 45,000.00 - 45,000.00 In Process Technology ACME Hardware Refresh 25,000.00 - 25,000.00 Not Started Technology CIP Mobile App 50,000.00 - 50,000.00 In Process Maintenance Contingency- Small Cat Glass 9,600.00 9,600.00 - Contingency - - Not Started Total CIP Budget 506,657.67 47,710.94 458,946.73 Other: Contingency Fund $500,000 Department Project Name Budget YTD Exp Balance Status Education Vinyl Padded Folding Chairs 4,800.00 - 4,800.00 Not Started Hort/Grounds Tree, Plants & Signage 25,000.00 - 25,000.00 Not Started Maintenance Vehicles 50,000.00 - 50,000.00 Not Started Security ERT Shotguns 7,500.00 - 7,500.00 Not Started Maintenance Finalize AZA Inspection Repairs 31,769.64 67,499.19 (35,729.55) In Process Total CIP Budget 119,069.64 67,499.19 51,570.45 Balance Available: 380,930.36 Master Plan/Capital Projects Planned Expenses Balance Status Master Plan Africa/Savana/Entry Plaza 34,948,760.00 35,084,817.95 (136,057.95) Wrapping up Master Plan Education/Admin Remodel 1,835,831.00 1,469,563.64 366,267.36 Working through punch list Master Plan Shore to Sea 26,000,000.00 3,309,636.58 22,690,363.42 RFPs issued Master Plan WellLines/Pump Houses/Tower 1,200,000.00 50,278.32 1,149,721.68 RFP issued Master Plan Oklahoma City Aquarium 507,800.00 291,606.69 216,193.31 Planning stage Master Plan African Plateau Phase 1 281,400.00 - 281,400.00 Not started Master Plan Reptile/Jungle Gym 2,189,996.00 - 2,189,996.00 Not started Capital Project Solar Lighting-Elephant Bldg 275,000.00 - 275,000.00 Not started Capital Project Elephant Shade Structure 100,000.00 - 100,000.00 Not started Capital Project Splash Pad Remodel - - - Not started Capital Project Amphitheater Improvements 150,000.00 2,892.77 147,107.23 Not started Capital Project Gayla Peevey Statue 93,800.00 46,900.00 46,900.00 In process Total 67,582,587.00 40,255,695.95 27,326,891.05 Grants Budget Expenses Balance Status Grant Asphalt Project 250,000.00 - 250,000.00 Awarded - FY 2025 Grant Carport and EV Purchases 282,096.00 - 282,096.00 Awarded Grant OG&E Community Solar Project - - Pending decision Grant Rubber Footing Upgrades 300,000.00 - 300,000.00 Pending decision Grant Worm Bins 5,000.00 2,302.84 2,697.16 Awarded Total 837,096.00 2,302.84 834,793.16 Page 8 of 56 OKLAHOMA CITY ZOOLOGICAL TRUST INCOME STATEMENT SUMMARY FOR THE TWO MONTHS ENDING 8/31/2024 CURRENT MONTH YEAR TO DATE ACTUAL BUDGET LAST YR ACTUAL BUDGET LAST YR REVENUES: ADMISSIONS $308,631 $331,053 $206,407 $823,315 $802,791 $653,715 ANIMAL SHOW ADMISSIONS 7,706 14,680 12,808 20,457 28,822 34,242 ANIMAL FEEDINGS 21,436 24,343 12,329 52,795 47,796 32,590 FOOD & BEVERAGE/VENDING 102,895 187,625 71,197 194,534 272,043 256,210 CATERING/RENTALS 0 10,065 0 0 19,762 5,615 CONCERTS 105,000 105,000 83,165 210,000 210,000 189,552 RIDES 27,834 37,764 31,199 75,458 74,146 80,298 MERCHANDISE COMMISSION 35,784 45,884 29,067 96,208 90,090 81,643 STROLLER/RENTALS/WILD ENC 40,363 53,878 40,179 106,156 105,785 99,777 EDUCATION 22,584 58,998 13,768 24,380 67,863 19,581 PROMOTIONS 52,503 59,933 68,207 66,400 91,662 99,077 MEMBERSHIP 112,624 94,425 93,603 258,367 220,214 218,296 OTHER 1,489 21,347 47,706 3,186 32,897 49,024 TOTAL OPERATING REVENUE 838,848 1,044,996 709,635 1,931,256 2,063,873 1,819,618 COST OF GOODS SOLD 0 0 0 0 0 0 GROSS MARGIN $838,848 $1,044,996 $709,635 $1,931,256 $2,063,873 $1,819,618 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% OPERATING EXPENSES: SALARIES 981,465 1,004,505 1,252,775 1,944,988 2,044,627 1,846,626 BENEFITS 273,761 269,593 395,901 422,357 541,825 565,819 SUPPLIES 54,496 59,769 82,540 102,610 138,942 131,294 UTILITIES 29,236 89,795 85,920 98,823 179,590 190,851 OUTSIDE SERVICES 154,739 173,977 156,744 297,076 357,808 289,492 ANIMAL CARE 65,877 60,181 49,678 134,408 189,419 155,081 OTHER 98,625 161,969 84,775 473,143 474,762 307,331 TOTAL OPERATING EXPENSE 1,658,199 1,819,790 2,108,332 3,473,405 3,926,974 3,486,493 OTHER REVENUES: LEASES (37,277) 0 0 369,483 369,483 369,483 CONTRIBUTIONS 8,202 13,881 8,092 21,956 27,437 15,855 INTEREST 131,413 80,000 80,880 224,400 160,000 160,243 TOTAL OTHER REVENUE 102,338 93,881 88,972 615,840 556,920 545,581 OPERATING INCOME (LOSS) (717,013) (680,913) (1,309,724) (926,310) (1,306,181) (1,121,294) TRANSFERS NET INCOME (LOSS) ($717,013) ($680,913) ($1,309,724) ($926,310) ($1,306,181) ($1,121,294) Page 9 of 56 OKLAHOMA CITY ZOOLOGICAL TRUST BUDGET ANALYSIS FOR THE TWO MONTHS ENDING 8/31/2024 CURRENT MONTH YEAR TO DATE ACTUAL BUDGET LAST YR ACTUAL BUDGET LAST YR REVENUES: GUEST EXPERIENCE $544,649 $695,228 $403,186 $1,368,923 $1,421,474 $1,238,474 GROUP EVENTS 105,000 115,065 83,165 210,000 229,762 195,167 OTHER 189,200 234,703 223,284 352,333 412,636 385,978 TOTAL OPERATING REVENUE 838,848 1,044,996 709,635 1,931,256 2,063,873 1,819,618 OPERATIONAL EXPEND BY DIVISION: ADMINISTRATIVE 281,612 331,880 352,959 757,644 761,534 723,206 ANIMAL 386,795 447,803 588,709 778,833 937,708 855,011 MARKETING & INTERPRETIVE SVC 94,243 106,504 100,934 200,101 234,913 143,288 BUILDING & GROUNDS 433,392 500,409 593,810 835,063 1,033,627 945,300 EDUCATION 91,039 101,901 89,294 179,106 226,409 136,323 VISITOR SERVICES 213,636 207,571 234,012 441,557 429,191 374,752 VETERINARY 157,481 123,721 148,614 281,101 303,592 308,612 TOTAL OPERATING EXPENSE 1,658,199 1,819,790 2,108,332 3,473,405 3,926,974 3,486,493 NET OPERATING REVENUE (819,351) (774,794) (1,398,697) (1,542,149) (1,863,101) (1,666,875) OTHER REVENUE: SALES TAX FUND REVENUE 1,490,112 1,580,417 1,577,470 3,020,919 3,111,326 3,131,366 CONTRIBUTIONS 8,202 13,881 8,092 21,956 27,437 15,855 OTHER REVENUE 94,136 80,000 80,880 593,883 529,483 529,726 TOTAL OTHER REVENUE 1,592,450 1,674,298 1,666,443 3,636,758 3,668,246 3,676,947 NET REVENUE BEFORE DEPRECIATION AND CAPITAL EXPENDITURES $773,099 $899,504 $267,746 $2,094,609 $1,805,145 $2,010,072 OPERATING REVENUE/EXPENSE RATIO 50.59% 57.42% 33.66% 55.60% 52.56% 52.19% Page 10 of 56 TO: Chair and Trustees of the Oklahoma City Zoological Trust FROM: Dwight Lawson, Executive Director/CEO DATE: September 25, 2024 SUBJECT: Revocable Permit with the Oklahoma Monarch Society, Inc. Background: The Oklahoma Monarch Society is dedicated to supporting statewide efforts to create and protect habitat for monarch butterflies and other pollinators in Oklahoma. The Trust desires to grant this revocable permit with the Oklahoma Monarch Society and allow the organization to utilize space within the Rosser Conservation Education Center at the Zoo and desires to utilize one cubicle carrel. Recommendation: Approval of Revocable Permit. Page 11 of 56 Page 12 of 56 Page 13 of 56 Page 14 of 56 Page 15 of 56 Page 16 of 56 Page 17 of 56 Page 18 of 56 Page 19 of 56 Page 20 of 56 Page 21 of 56 Page 22 of 56 Page 23 of 56 Page 24 of 56 Page 25 of 56 TO: Chair and Trustees of the Oklahoma City Zoological Trust FROM: Dwight Lawson, Executive Director/CEO DATE: September 25, 2024 SUBJECT: Revocable Permit with the City of Oklahoma City’s Office of Sustainability Background: The Office of Sustainability is responsible for enhancing Oklahoma City’s sustainability efforts throughout the organization and the community by providing technical recommendations, sustainability planning and outreach services to City Department and the public. The Trust desires to grant a revocable permit with the City’s Office of Sustainability Personnel and allow the organization to utilize space within the Rosser Conservation Education Center at the Zoo and to utilize two cubicle carrels. Recommendation: Approval of Revocable Permit. Page 26 of 56 The City of OKLAHOMA CITY Planning Department 420 West Main, Suite 900, Oklahoma City, OK 73102 9/9/2024 Dwight Lawson, PhD Executive Director & CEO Oklahoma City Zoo and Botanical Garden 2000 Remington Place Oklahoma City, OK 73111 Re: Use of Office Space in the Rosser Conservation Education Center Dr. Lawson: We appreciate your generous offer to allow the Office of Sustainability staff, T.O. Bowman and Sarah Terry-Cobo, to use two cubical carrels in the Rosser Conservation Education Center at the Oklahoma City Zoo at no cost to The City. We agree to the terms outlined in the attachments to this letter and are grateful for the opportunity to work together to advance goals that are compatible with those of the Oklahoma City Zoological Trust. Please do not hesitate to contact me if you have any additions or modifications to the agreement during the term outlined in the attachments. Sincerely, Geoff Butler, Planning Department Director Cc: T.O. Bowman, Program Planner Rita Douglas-Talley, Assistant Municipal Counselor Attachments: 1) Permit Provisions 2) Permitted Premises 3) Office Space Floor Plan Page 27 of 56 Attachment 1: Revocable Permit Provisions This Revocable Permit is entered into by and between the Oklahoma City Zoological Trust, an Oklahoma public trust (“OCZT”), and the City of Oklahoma City (“City”), each a “Party” and collectively the “Parties”, for purposes of allowing City’s Office of Sustainability Personnel (“OS Staff”) to utilize space within the OCZT premises. For purposes of this Permit, references to “Permittee” shall include both City and OS Staff. I. Grant A. Oklahoma City Zoological Trust, an Oklahoma public trust (“OCZT”), hereby grants a revocable permit to Permittee, for two (2) cubicle carrels within the Zoo’s Rosser Conservation Education Center, (“Rosser” or “Permitted Premises”) as more particularly depicted in Attachment 2: Permitted Premises (“Permitted Premises”). B. Permittee acknowledges that the Permitted Premises are within an office area that is or will be shared by other occupants. C. Permittee’s use of the Permitted Premises shall be consistent with the terms of this Revocable Permit. II. Term A. This Permit shall commence upon the signature of both Parties and shall terminate after twelve (12) months, unless sooner revoked by OCZT or terminated by either Party. B. This Revocable Permit shall automatically renew at the end of each term, unless either Party indicates a desire not to renew the permit, in writing, to the other Party. III. Permit Fee A. Permittee shall pay no fee as part of this Permit in recognition of the public benefit Permittee provides and the benefit to OCZT. B. Permittee will collaborate with Zoo staff on an annual sustainability project agreeable to the Zoo Director and Permittee, as directed by the Zoo Director. IV. Use of Permitted Space & Cubicle Carrels A. Permittee shall use the Permitted Premises as general office space to advance goals that are compatible with those of the OCZT. B. Permittee shall have use of the two (2) cubicle carrels labeled “OS” in Attachment 3: Office Space Floor Plan. C. Permittee shall not play music that is audible to other occupants, or otherwise unreasonably interfere with other occupants’ quiet enjoyment of the office area. II. Use of Rosser Conference Room and Kitchenette A. With prior reservation and approval of OCZT’s Executive Assistant or other designee, Permittee may, from time to time, use the Rosser Conference Room within the office area. B. Permittee acknowledges that the Rosser Conference Room will also be utilized by OCZT trustees, employees, guests, and others. Page 28 of 56 C. Permittee may use the kitchenette within the Rosser Conference Room so long as City/OS Staff maintain the kitchenette’s cleanliness by removing all trash, debris, and food items used by City/OS Staff when finished using the space. D. Permittee shall ensure that the Rosser Conference Room is always kept ready for potential meetings after any use of it by Permittee. III. Use of Workroom A. Permittee may store items in OS-provided file cabinets in the office area’s workroom. B. Permittee shall not store items in office spaces other than the two (2) OS-designated cubicle carrels and OS file cabinets in the workroom. IV. Use of Parking Areas A. Permittee may utilize parking spaces not otherwise reserved but shall not park along the curb adjacent to the Rosser Conservation Education Center. B. Permittee acknowledges that parking is available on a first-come, first-served basis and that business parking may only be available at an extended distance, potentially at Remington Park, during peak periods. V. Condition of Permitted Premises: Maintenance and Repair A. Permittee accepts the Permitted Premises “as-is” and without warranty and will not hold OCZT liable for any latent or patent defect at the Permitted Premises. OCZT is not aware of any defects in the Permitted Premises. B. Except as expressly provided herein, all maintenance, repair, security, cleaning, and debris removal at the Permitted Premises shall be at Permittee’s expense. Permittee shall maintain the Permitted Premises to a standard acceptable for their intended use. C. OCZT will provide Permittee, as available and at OCZT’s discretion, the following: custodial staff, building security, ability of OS Staff to come and go during normal hours of Zoo operation, network access, and participation in Zoo activities. D. Permittee shall dispose of their office trash daily. E. Permittee agrees to provide their own telephone service, additional furniture needed beyond the provided workstations, as well as all equipment, and supplies needed or used at the Permitted Premises. F. Permittee shall ensure that the outer doors of the office area are locked and secured when the office area is unoccupied. VI. Operating Hours A. Permittee’s use of the Permitted Premises shall be consistent with the Zoo’s normal hours of operation, unless prior arrangements are made with OCZT Executive Director approval. VII. Construction & Improvements A. Permittee shall not undertake any permanent construction, improvement, modification, or renovation at the Permitted Premises. VIII. Compliance with Laws A. Permittee shall conform with all applicable laws, rules, regulations, guidelines, and policies in its use of the Permitted Premises. OCZT shall promptly (within 24 Page 29 of 56 business hours) notify Permittee verbally and in writing of any perceived violation of any law, rule, regulation, guideline or policy. IX. Chemical Substances or Hazardous Materials A. Permittee shall not use or permit any chemical substances or hazardous materials at the Permitted Premises without prior, written approval of the Zoo’s Executive Director, whose approval shall not be unreasonably withheld. i. Permittee shall provide a Material Safety Data Sheet (MSDS) for all products, substances, or materials to be applied or used at Premises. ii. OCZT shall inform Permittee in writing of any products, substances, or materials to be applied or that have been applied or used at Permitted Premises and shall provide MSDS sheets prior to use of the Permitted Premises by Permittee. B. Permittee warrants that any application of chemical substances or hazardous materials at the Permitted Premises shall be done by a person who is a Certified Chemical Applicator in the state of Oklahoma. C. Proof of the applicator’s current license shall be provided, along with the appropriate MSDS sheet for the substance applied. X. No Adverse Conditions A. Permittee shall not allow any condition at the Permitted Premises that adversely affects the future development, improvement, operation, or maintenance of the Rosser Conservation Education Center by OCZT or its authorized agents and shall promptly (within 24 hours of discovery) notify OCZT staff of its presence. XI. Assignment A. This Permit shall not be assigned or transferred by Permittee without prior, written approval of OCZT. XII. Right of Inspection A. OCZT’s authorized agent(s) shall have the right, but not the duty, to enter or inspect the Permitted Premises at any time for any official purpose, including, but not limited to, verifying compliance with this Permit. XIII. Indemnity A. Parties mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. § 151 et seq.). B. Parties hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance of this Permit to the extent provided in the Governmental Tort Claims Act. C. Each Party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Page 30 of 56 D. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a Party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act. XIV. Insurance – Reserved. XV. Revocation/Termination for Convenience A. OCZT may revoke, or Permittee may terminate, this Permit for any reason upon sixty (60) calendar days’ written notice to the other Party, or, without notice when it is in the best interests of either Party to do so. XVI. Revocation/Termination for Cause A. Permittee shall comply with all terms of this Permit. Permittee’s failure to do so shall constitute a breach of this Permit. In such case, the Zoo’s Executive Director or designee shall notify Permittee in writing to correct the breach within ten (10) calendar days. If Permittee does not correct the breach within ten (10) calendar days, OCZT may terminate this Permit immediately, without cost or liability. If so, this Permit shall become void, and Permittee shall promptly cease occupying or using the Permitted Premises. B. If Permittee has made substantial progress toward correcting any breach of this Permit within the ten (10) calendar day cure period, Permittee shall have a reasonable time to fully correct such breach. C. OCZT may waive any breach of this Permit. However, any waiver shall not constitute a continuing waiver of such breach, or similar breaches, of this Permit. Also, OCZT may subsequently require Permittee to comply with any previously waived breach of this Agreement. XVII. Condition Upon Expiration, Revocation, or Termination A. Upon the expiration, revocation, or termination of this Permit, Permittee shall peaceably surrender the Permitted Premises to OCZT free of any claim, lien, or encumbrance and in as good a condition or better as it existed on the effective date of this Permit, normal wear and tear excepted. B. Also, upon the expiration, revocation, or termination of this Permit, all of Permittee’s rights to, and interests in, the Permitted Premises, or any improvements thereon, shall terminate and be conveyed to, and vest in, OCZT. XVIII. Removal of Personal Property A. When this Permit expires, or if it is revoked or terminated, Permittee shall remove all personal property from the Premises within ten (10) calendar days. B. If Permittee does not do so, OCZT may immediately dispose of such items after the expiration of ten (10) calendar days, without cost or liability to OCZT. XIX. Employment Non-Discrimination A. Permittee shall not discriminate against any employee or applicant for employment because of age; race religion; creed; color; sex (to include sexual orientation, gender identity, or gender expression); national origin; ancestry; or disability as defined by the Americans with Disabilities Act (ADA), as it may be amended by Human Rights ordinances of The City of Oklahoma City. Such actions shall include, but not be limited to: employment; upgrading demotion; transfer; recruitment; Page 31 of 56 advertising; layoff; termination; cancellation; pay or other forms of compensation; and selection for training, including apprenticeship. B. Permittee shall make its accommodations and services available to the public on fair and reasonable terms without unjust discrimination on the basis of age; race; creed; color; religion; sex (to include sexual orientation, gender identity, or gender expression); national origin; ancestry; or disability as defined by the ADA, as it may be amended. Nothing in this section shall require Permittee to furnish to the public use of facilities or accommodations customarily provided only to Permittee’s agents, volunteers, participants, or spectators, if any there may be. C. If Permittee does not comply with this Section, OCZT or its designees may declare Permittee to be in violation of this Permit and ineligible for further Permits until it complies or provides satisfactory proof of intent to comply. XX. Complete Agreement A. This Permit contains all terms agreed to by the Parties hereto. B. This Permit may be amended by written agreement of the Parties. C. No Party shall be bound by any statement or representation not in conformity with this Permit. D. This Permit shall be construed as a whole according to its fair meaning, and not strictly for or against any Party. XXI. Notices A. Communications to OCZT regarding this Permit shall be sent to: Oklahoma City Zoo and Botanical Garden Attn: Executive Director and Chief Executive Officer 2000 Remington Place Oklahoma City, OK 73111 dlawson@okczoo.org (405) 425-0230 And Oklahoma City Zoo and Botanical Garden Attn: Chief Operating Officer 2000 Remington Place Oklahoma City, OK 73111 tleonard@okczoo.org (405) 425-0233 B. Communications to Permittee regarding this Permit shall be sent to: The City of Oklahoma City Planning Department 420 West Main Street, Suite 900 Attn: Geoffrey Butler, Planning Director geoffrey.butler@okc.gov (405) 297-2288 And Page 32 of 56 The City of Oklahoma City Municipal Counselor’s Office 200 North Walker Avenue, Fourth Floor Oklahoma City, OK 73102 Attn: Rita Douglas-Talley, Assistant Municipal Counselor Rita.Douglas-Talley@okc.gov (405) 297-2451 or to such persons and addresses as the parties later designate in writing. XXII. Section Headings and Construction of Permit A. The Section headings of this Permit are for convenience only and shall not affect its meaning or interpretation. Permittee acknowledges that its authorized agent was able to fully review all Permit terms before signing. This Permit shall not be construed in favor of (or against) either party based on who drafted it. XXIII. No Joint Venture A. This Permit shall not create a joint venture or agency or employment relationship between Permittee and OCZT, or any of their officials, agents, employees, contractors, volunteers, participants, or spectators. XXIV. No Third-Party Beneficiary A. This Permit shall create no third-party beneficiaries. XXV. Venue of Actions A. This Permit shall be construed according to the laws of the state of Oklahoma. Any legal proceeding regarding this Agreement shall be pursued in the appropriate court in Oklahoma County, Oklahoma. Each party shall pay its own attorney fees and other expenses related to any such legal proceeding. XXVI. Time of the Essence A. Time shall be of the essence for this Permit. XXVII. Validity A. If any provision of this Permit is determined to be prohibited by law, such prohibition shall not affect the validity of the other provisions of this Permit, which shall remain in full force and effect. XXVIII. Force Majeure A. No Party shall be liable for any delay, interruption, or prevention of operations, maintenance, or service caused by lawsuits or appeals; zoning or other governmental approvals; any injunction or equitable writ; riot; insurrection; war; terrorism; severe weather; fire; Acts of God; or the unforeseeable act or omission of any entity. XXIX. Representations A. Permittee warrants that it can fulfill its requirements under this Permit and that its authorized agent can bind it under the Permit terms. XXX. Survival of Representations Page 33 of 56 Page 34 of 56 Attachment 2: Permitted Premises The Rosser Conservation Education Center is indicated below with a red arrow. Page 35 of 56 Attachment 3: Office Space Floorplan Page 36 of 56 TO: Chair and Trustees of the Oklahoma City Zoological Trust FROM: Dwight Lawson, Executive Director/CEO DATE: September 25, 2024 SUBJECT: Reject bids, Project MZ-0073, Oklahoma City Zoo Well Houses and Rebid Project Purpose: This project provides for building well houses for wells 41, 42, and 43 at the Oklahoma City Zoo. Background: On January 17, 2024, the Trust approved plans to be advertised for bids for new well houses that are designed to make the wells safer to service, meeting all OSHA requirements and eliminating the need for confined space certifications. The new well houses will make operating the wells more sustainable in the long run and integrate with future water infrastructure upgrades. As it closed on September 4, 2024, we only received one bid for Project MZ- 0073. It is recommended that the bid be rejected and the project goes out to rebid. Architect: Beck Design Tabulation of Bids: Diversified Construction of Oklahoma, Inc. $529,227 Estimated Expenditure: $456,000 Recommendation: Bid be rejected and Project MZ-0073 go out for rebid. Page 37 of 56 City of Oklahoma City and MZ-0073 its Trusts Bid Tabulation Packet for Solicitation MZ-0073 Oklahoma City Zoo Well Houses Bid Designation: Public City of Oklahoma City and its Trusts Page 38 of 56 9/17/2024 BidSync p. 1 City of Oklahoma City and MZ-0073 its Trusts Bid #MZ-0073 - Oklahoma City Zoo Well Houses Creation Date Aug 12, 2024 End Date Sep 4, 2024 10:00:00 AM CDT Start Date Aug 14, 2024 8:05:10 AM CDT Awarded Date Not Yet Awarded MZ-0073--01-01 Base Bid: Well house #41 Supplier Unit Price Qty/Unit Total Price Attch. Docs Diversified Construction of Oklahoma, Inc First Offer - $171,283.00 1 / lump sum $171,283.00 Y Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: MZ-0073--01-02 Base Bid: Well house #42 Supplier Unit Price Qty/Unit Total Price Attch. Docs Diversified Construction of Oklahoma, Inc First Offer - $175,267.00 1 / lump sum $175,267.00 Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: MZ-0073--01-03 Base Bid: Well house #43 Supplier Unit Price Qty/Unit Total Price Attch. Docs Diversified Construction of Oklahoma, Inc First Offer - $175,267.00 1 / lump sum $175,267.00 Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: MZ-0073-02-01 Add Alternate 1: Add Alternate Supplier Unit Price Qty/Unit Total Price Attch. Docs Diversified Construction of Oklahoma, Inc First Offer - $7,410.00 1 / lump sum $7,410.00 Y Product Code: Supplier Product Code: Agency Notes: Supplier Notes: Supplier Totals f Diversified Construction of Oklahoma, Inc $529,227.00 (4/4 items) Bid Contact Skip Gower Address 6288 Boucher Dr. OrionL@DiversifiedOK.com Edmond, OK 73034 Ph 405-340-3164 Qualifications OKC PRE-QUALIFIED CONTRACTORS Bid Notes See line item one for attachment Agency Notes: Supplier Notes: Head Attch: See line item one for attachment ** Page 39 of 56 9/17/2024 BidSync p. 2 City of Oklahoma City and MZ-0073 its Trusts Diversified Construction of Oklahoma, Inc Bid Contact Skip Gower Address 6288 Boucher Dr. OrionL@DiversifiedOK.com Edmond, OK 73034 Ph 405-340-3164 Qualifications OKC PRE-QUALIFIED CONTRACTORS Bid Notes See line item one for attachment Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs MZ-0073--01-01 Base Bid: Well Supplier Product First Offer - $171,283.00 1 / lump sum $171,283.00 Y Y house #41 Code: MZ-0073--01-02 Base Bid: Well Supplier Product First Offer - $175,267.00 1 / lump sum $175,267.00 Y house #42 Code: MZ-0073--01-03 Base Bid: Well Supplier Product First Offer - $175,267.00 1 / lump sum $175,267.00 Y house #43 Code: Lot Total $521,817.00 Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs MZ-0073-02-01 Add Alternate 1: Add Supplier Product First Offer - $7,410.00 1 / lump sum $7,410.00 Y Alternate Code: Lot Total $7,410.00 Supplier Total $529,227.00 Page 40 of 56 9/17/2024 BidSync p. 3 City of Oklahoma City and MZ-0073 its Trusts Diversified Construction of Oklahoma, Inc Item: Base Bid:Well house #41 Attachments bid bond.pdf Page 41 of 56 9/17/2024 BidSync p. 4 City of Oklahoma City and MZ-0073 its Trusts Page 42 of 56 9/17/2024 BidSync p. 5 City of Oklahoma City and MZ-0073 its Trusts Page 43 of 56 9/17/2024 BidSync p. 6 City of Oklahoma City and MZ-0073 its Trusts Supplier: Diversified Construction of Oklahoma, Inc ANTI/NON-COLLUSION AFFIDAVIT BIDDER MUST ELECTRONICALLY COMPLETE AND SIGN DOCUMENT PRIOR TO SUBMITTING IN THE ELECTRONIC BID SYSTEM Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) The following Affidavit is submitted by the Bidder, or Bidder's Authorized Agent: The undersigned of lawful age, being first duly sworn on oath, affirms and says: 1. The undersigned is the Bidder or the duly authorized agent of the Bidder submitting this competitive bid and as the lawful authority to execute this Affidavit and the attached Bid. For the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and City or Trust officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the Bid to which this statement is attached: 2. The undersigned is fully aware of the facts and circumstances surrounding the making of the Bid to which this statement is attached and has been personally and directly involved in the proceedings leading to the submission of such Bid; and 3. Neither the Bidder nor anyone subject to the Bidder's direction or control has been a party: a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; b. to any collusion with any City or Trust official, agent or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract; nor c. in any discussion between bidders and any City or Trust official, agent or employee concerning exchange of money or other thing of value for special consideration in the letting of a contract. 4. The undersigned certifies, if awarded this contract, whether competitively bid or not, neither the Bidder nor anyone subject to Bidder’s direction or control has paid, given, or donated or agreed to pay, give or donate to any officer or employee of the City or Trust any money or other thing of value, either directly or indirectly, in procuring this contract. This Bid will not be considered unless this form has been fully completed and signed and certified by the Bidder. Diversified Construction of Oklahoma, Inc. Name of Individual, Partnership, Limited Liability Company, or Corporation herein called Bidder Mark K. Latham Type Name of Authorized Agent Vice President Title of person who signed above This Affidavit required for Public Improvement Projects by 61 Okla. Stat. 2011 § 115. BIDDER MUST ELECTRONICALLY COMPLETE AND SIGN DOCUMENT PRIOR TO SUBMITTING IN THE ELECTRONIC BID SYSTEM Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) Page 44 of 56 9/17/2024 BidSync p. 7 City of Oklahoma City and MZ-0073 its Trusts NOTARY STATEMENT STATE OF Oklahoma ) ) § COUNTY OF Oklahoma ) I, Edward James Gower, Notary Public in and for said County and State, do (Type Name of Notary Public) hereby certify that on this 04 day of Sep, 20 24, Mark K. Latham, personally known to me to be the same person and official who (Type Name of Authorized Agent) executed the above and foregoing instrument as Vice President appeared before me in person and (Type Name of Authorized Agent) acknowledged that, as such official, he/she executed the above instrument as his/her free and voluntary act on behalf of Diversified Construction of Oklahoma, Inc. pursuant to authority conferred and for the uses and purposes therein (Type Name of Bidder) set forth. IN WITNESS THEREOF, I have hereunto set my hand and seal the day and year last above written. Edward James Gower Type Name of Notary Public My commission expires: My commission #: 10/03/2025 13009143 BIDDER MUST ELECTRONICALLY COMPLETE, SIGN AND NOTARIZE THIS DOCUMENT PRIOR TO SUBMITTING INTO THE ELECTRONIC BID SYSTEM Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) Page 45 of 56 9/17/2024 BidSync p. 8 City of Oklahoma City and MZ-0073 its Trusts Supplier: Diversified Construction of Oklahoma, Inc BUSINESS RELATIONSHIP AFFIDAVIT BIDDER MUST ELECTRONICALLY COMPLETE, SIGN AND NOTARIZE THIS DOCUMENT PRIOR TO SUBMITTING IN THE ELECTRONIC BID SYSTEM Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) The undersigned as Bidder or Bidder’s Authorized Agent, being of lawful age and being first duly sworn on oath, hereby swears, affirms and states that the undersigned has thoroughly read and understands the provisions and terms of this Business Relationship Affidavit and is fully knowledgeable of Bidder's and its officers’ and directors’ business relationships and associations and hereby affirmatively so states that as a part of this Bid. The undersigned as Bidder or Bidder’s Authorized Agent further swears, affirms, and states that the Bidder does not have any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this sworn statement and has not had any such relationship with the architect, the engineer, or any other party to this project except, if any, as stated on the lines below. The undersigned as Bidder or as Bidder’s Authorized Agent further swears, affirms, and states that no officer or director of the Bidder has a partnership, joint venture, or other business relationship presently in effect and no officer or director of the Bidder has had any such relationship within one (1) year prior to the date of this sworn statement with any officer or director of the architectural or engineering firm or other party to this project except, if any, as stated on the lines below. If Bidder or any of its officers or directors has or within the one (1) year prior to the date of this statement has had any such relationships, the Bidder or Bidder’s Authorized Agent must state the names of all persons having such business relationships and the positions they hold or held with the Bidder and/or their respective companies or firms on the lines provided below: None (THE BIDDER MUST STATE ANY BUSINESS RELATIONSHIP MEETING THE ABOVE DESCRIPTION ON THE LINES ABOVE, IF NO DISCLOSURE IS MADE ON THE ABOVE LINES THEN BIDDER WILL BE IRREFUTABLY DEEMED TO HAVE STATED AND SWORN UNDER PENALTY OF LAW THAT BIDDER AND ITS OFFICERS OR DIRECTORS HAS NO SUCH RELATIONSHIPS.) This Bid will not be considered unless this form has been fully signed by the Bidder, and notarized, dated and completed by the Notary Public. The undersigned, as Bidder or Bidder’s Authorized Agent, hereby expressly adopts and affirmatively incorporates herein by reference the above recitation as the sworn statement of the Bidder and the signatory. Diversified Construction of Oklahoma, Inc Name of Individual, Partnership, Limited Liability Company, or Corporation herein called Bidder Mark Latham Type Name of Authorized Agent Vice President Title of person who signed above Page 46 of 56 9/17/2024 BidSync p. 9 City of Oklahoma City and MZ-0073 its Trusts STATE OF Oklahoma ) ) ss. COUNTY OF Oklahoma ) Signed and sworn to or affirmed before me on this 04 day of SEP , 2024, by the above named Bidder or Bidder's Authorized Agent. My Commission expires: 10/3/2025 Edward James Gower Type Name of Notary Public My Commission number 13009143 This Affidavit required for Public Improvement Projects by 61 Oklahoma Statutes 2011 § 108. BIDDER MUST ELECTRONICALLY COMPLETE, SIGN AND NOTARIZE THIS DOCUMENT PRIOR TO SUBMITTING IN THE ELECTRONIC BID SYSTEM Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) Page 47 of 56 9/17/2024 BidSync p. 10 TO: Chair and Trustees of the Oklahoma City Zoological Trust FROM: Dwight Lawson, Executive Director/CEO DATE: September 25, 2024 SUBJECT: Change Order No. 1, Project MZ-0069-1, “Oklahoma City Zoo Sea Lions Exhibit – Phase 1 - Demolition,” decrease of $3,005 Background: This project consists of furnishing all labor, materials, equipment, transportation, and incidentals necessary and required for the complete demolition of the existing Aquaticus building. Purpose: Change Order No. 1 is to revise construction requirements for the project, as summarized below. Contractor: Midwest Wrecking Company Summary of Change Order Costs: PCO No. 1: Paving and Retaining Wall Deduct Description: Removal of some pavement and a retaining wall from the demolition scope. Deduct: $3,005.00 PCO No. 2: Amendment to Structural Fill Unit Pricing Description: Decrease in units of structural fill. Base contract was for 3,500 cubic Yards of Structural Fill. Actual provided fill per Midwest Wrecking was 3,480 Cubic Yards. Deduct: $650.00 PCO No. 3: Amendment to Structural Concrete Unit Pricing Description: Reconciliation of Structural Concrete Unit Pricing. Deduct: $450.00 Cost: Original Contract Price: $1,111,040.00 Change Order No. 1: ($3,005.00) (.27%) Revised Contract Price after Change Order No. 1: $1,108,035.00 Recommendation: Change Order be approved. Page 48 of 56 Page 49 of 56 Page 50 of 56 Page 51 of 56 Page 52 of 56 Page 53 of 56 TO: Chair and Trustees of the Oklahoma City Zoological Trust FROM: Dwight Lawson, Executive Director/CEO DATE: September 25, 2024 SUBJECT: Enter into Executive Session to Discuss the Annual Evaluation of the Executive Director/CEO, Dwight Lawson, as Authorized by 25 O.S. (2023 Supp.) § 307 (B)1 AND/OR Resolution Establishing a New Annual Salary and Effective Date for Executive Director/CEO, Dwight Lawson Page 54 of 56 RESOLUTION RESOLUTION ESTABLISHING A NEW ANNUAL SALARY AND EFFECTIVE DATE FOR EXECUTIVE DIRECTOR/CEO, DWIGHT LAWSON, AND CONTINUING EMPLOYMENT BENEFIT AGREEMENTS WHEREAS, the Oklahoma City Zoological Trust appointed Dwight Lawson as Executive Director/CEO effective May 27, 2014; and WHEREAS, the Oklahoma City Zoological Trust set the annual salary of the Executive Director/CEO at $181,125 effective August 24, 2016, and provided certain additional benefits; and WHEREAS, the Oklahoma City Zoological Trust conducted an annual review of the Executive Director/CEO’s performance and compensation; and WHEREAS, the Oklahoma City Zoological Trust desires to set a new rate of pay for the Executive Director/CEO at an annual salary of $____________to be effective ___ 1, 2024; and WHEREAS, the Oklahoma City Zoological Trust desires that, in addition to his annual salary, the Executive Director/CEO shall continue to receive, without change, all other benefits as provided at the time of his review on August 28, 2024; and WHEREAS, an annual review of the Executive Director/CEO’s performance and compensation shall be conducted by June 1st of each year, or as soon thereafter as practical. NOW, THEREFORE, BE IT RESOLVED by the Oklahoma City Zoological Trust that: 1. Effective _____________________, 2024, the salary of Dwight Lawson, Executive Director/CEO of the Oklahoma City Zoological Park and Botanical Garden, is hereby set an annual rate of $___________, and 2. The Executive Director/CEO shall continue to receive all other benefits provided at the time of his review on September 25th, 2024. 1 Page 55 of 56 APPROVED by the Oklahoma City Zoological Trust and SIGNED by the Chairperson of the Oklahoma City Zoological Trust this 25th day of September 2024. Chairperson, Oklahoma City Zoological Trust ATTEST: Secretary Assistant Municipal Counselor 2 Page 56 of 56