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HomeMy WebLinkAbout2015.06.16_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 City Clerk's office Regular Meeting Tuesday, June 16, 2015 - 6:30 pm 1. Call to Order Mayor Jeri Moberly 2. Invocation Dale Blackwood, Retired Pastor of First Baptist Church of Owasso 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • June 2, 2015 Regular Meeting • June 9, 2015 Regular Meeting B. Approve claims C. Receive monthly budget status report D. Approve Agreement for Urban Engineering Services (Engineer Agreement): • Tulsa Engineering & Planning Association, Inc. for Grading, Storm Sewer, Sanitary Sewer, and Pavement Construction - Carrington Point Phase II E. Accept the donation from Stone Canyon and approve a budget amendment in the General Fund, increasing the estimated revenue and increasing the appropriation for expenditures by $1,000 F. Accept the Owasso Golden Agers Community Expansion of Nutrition Assistance (CENA) Grant and approve a budget amendment in the General Fund, increasing the estimated revenues and increasing the appropriation for expenditures by $10,912 in the Community Center Department G. Accept the donations and approve a budget amendment in the General Fund, increasing the estimated revenues and increasing the appropriation for expenditures by $1,288 in the Community Center Department H. Approve a budget amendment in the General Fund, increasing the estimated revenues and increasing the appropriation for expenditures by $51,331 in the Community Center Department for the Vision 2025 funds 1. Approve discharge of fireworks and approve a public fireworks display to be conducted on July 3, 2015 free of charge to the public and sponsored by City of Owasso in celebration of Independence Day 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to annexation OA -15 -04 and rezoning OZ -15- 03 for property located at 11933 E 1161h St N (Fire Station #4) Bronce Stephenson Staff recommends approval of OA- 15 -04, and rezoning the subject property from AG (Agricultural) to OM (Office Medium). Owasso city Council June 16, 2015 Page 2 8. Consideration and appropriate action relating to an engineering services agreement- E 76th St N and Main Street Intersection Improvements (Vision 2025 Funding) Dwayne Henderson Staff recommends approval of an Agreement for Engineering Services for the E 76th St N and Main Street Intersection Improvements with agreement McClelland Consulting Engineers, Inc., in the amount of $78,000 and authorization for the Mayor to execute the agreement. 9. Consideration and appropriate action relating to the award of a bid for 2014 -2015 Pavement Striping Project Tim Doyle Staff recommends awarding the 2014 -2015 Pavement Striping Project, including the base project and alternate project to Road Safe Traffic Systems, Inc., Tulsa, Oklahoma in the amount of $82,248.54 and authorization for the Mayor to execute the agreement. 10. Consideration and appropriate action relating to supplemental appropriations for FY 2015 Linda Jones Staff recommends approval of a budget amendment in the General Fund increasing the estimated revenues and increasing the appropriation for expenditures by $530,000 for sales tax transfers. 11. Consideration and appropriate action relating to Resolution 2015 -12 providing for the adoption of an annual budget for Fiscal Year 2015 -2016 for the general fund and other funds as established by the Owasso City Council; establishing levels of expenditures by department and establishing budget amendment authority as provided by statute; and establishing an effective date Linda Jones Staff recommends approval of Resolution 2015 -12 12. Consideration and appropriate action relating to Ordinance 1055, an ordinance relating to Part Seven, Finance and Taxation , Chapter 1, Finance and Budget Administration, Section 7- 104, Competitive Bidding, of the Code of Ordinances of the City of Owasso, Oklahoma, amending same by repealing subsection (E) establishing bid process for public improvements between $2,000 and $25,000 Sherry Bishop Staff recommends approval of Ordinance 1055. 13. Consideration and appropriate action relating to Ordinance 1054, amending an ordinance relating to Part 9, Licensing and Business Regulations, Chapter 1, Solicitors, Section 9 -101 through 9 -114, of the Code of Ordinances of the City of Owasso, Oklahoma and Resolution 2015 -11, establishing fees Julie Lombardi Staff recommends approval of Ordinance 1054 and Resolution 2015-11. Owasso City Council June 16, 2015 Page 3 14. Consideration and appropriate action relating to a settlement in the litigation styled, Bryan Spradlin v City of Owasso et al., 12 -CV- 497- JED -FHM Julie Lombardi Staff recommends approval of the proposed settlement in the amount of $75,000, authorization of payment to Bryan Spradlin and ancillary parties in full settlement of this matter, and authorization of the City Manager to execute all documents necessary for settlement of this case. 15. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing the employment of the City Attorney, such executive session provided for in Title 25, O.S. Section § 307(B)(1) The City Council will meet in executive session to discuss an employment contract with the City Attorney. 16. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing the employment of the City Manager, such executive session provided for in Title 25, O.S. Section § 307(B)(1) The City Council will meet in executive session to discuss an employment contract with the City Manager. 17. Consideration and appropriate action relating to an employment contract with the City Attorney, Julie Lombardi Michele Dempster 18. Consideration and appropriate action relating to an employment contract with the City Manager, Warren Lehr Michele Dempster 19. Consideration and appropriate action relating to boards and committee appointments Mayor Moberly 20. Report from City Manager 21. Report from City Attorney 22. Report from City Councilors 23. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 24. Adjournment Notice of Public Meeting filed in the office of the City Clerk and Agenda posted at City Hail bulletin board at 6:00 pm on Friday, June 12, 2015. Sherry .: C p1- OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 2, 2015 The Owasso City Council met in regular session on Tuesday, June 2, 2015, in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, May 29, 2015. f. Call to Order Mayor Jeri Moberly called the meeting to order at 6:31 pm. 2. Invocation The invocation was offered by Pastor Brent Kellogg of HillSpring Church. 3. Flag Salute Vice -Mayor Dunn led the flag salute. 4. Roll Call Present Absent Mayor - Jeri Moberly None Vice - Mayor - Lyndell Dunn Councilor - Doug Bonebrake Councilor - Bill Bush Councilor - Chris Kelley A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi 5. Presentation of the Character Trait of Decisiveness Warren Lehr, Character Council Member, presented the Character Trait of Decisiveness for the month of June. 6. Presentation of Proclamations Mayor Moberly presented proclamations declaring June 2, 2016, to be Owasso Rams Boys Varsity Golf Day and Owasso Rams Baseball Day in the City of Owasso. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered to be routine and will be enacted by one motion. Any Councilor /Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - May 19, 2015 B. Approve claims C. Approve Ordinance 1053, annexing property located at 10010 N Mingo Rd D. Accept a donation from Akira Restaurant and approve a budget amendment in the Ambulance Capital Fund, increasing the estimated revenue and the appropriation for expenditures by $1,000 E. Notice of change order approval by City Manager - Change Order No. 5: Oklahoma Department of Transportation contract - E 861h St N (Main to Memorial Rd) in the amount of $6,407.90 Owasso City Council June 2, 2015 Page 2 Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda with claims totaling $186,135.36. Also, included for review were the self- insurance claims report and the payroll report for 5/16/15. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 8. Consideration and appropriate action relating to items removed from the Consent Agenda None PUBLIC HEARING 9. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the Fiscal Year 2015 -2016 Annual Budget Proposal Warren Lehr along with Linda Jones presented the item. The Mayor opened the Public Hearing for comment. No citizen input was offered. 10. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing the employment of the City Manager, such executive session provided for in Title 25, O.S. Section § 307(B)(1) The City Council will meet in executive session to discuss the employment contract of the City Manager. 11. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing the employment of the City Attorney, such executive session provided for in Title 25, O.S. Section § 307(B)(1) The City Council will meet in executive session to discuss an employment contract with the City Attorney. Mayor Moberly presented items 10 and 11 to be voted together, Dr. Kelley moved, seconded by Mr. Dunn to enter into executive session. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 At 7:25 pm, the Council, along with Julie Lombardi, City Attorney entered into executive session. At 7:47 pm, Julie Lombardi exited executive session. At 7:47 pm, Warren Lehr, City Manager entered the executive session. At 8:07 pm, Julie Lombardi entered the executive session. At 8:08 pm, Warren Lehr exited executive session. At 8:21 pm, the Council returned to open session. 12. Report from City Manager Roger Stevens presented the Monthly Public Works Project Status Report. Mr. Lehr acknowledged recent city events. 13. Report from City Attorney Owasso City Council June 2, 2015 Page 3 None 14. Report from City Councilors Councilors commented on recent community events and efforts of staff during the torrential rain. 15. New Business None 16. Adjournment Dr. Kelley moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried 5 -0 and the meeting adjourned at 8:42 pm. Jeri Moberly, Mayor Lisa Wilson, Minute Clerk OWASSO CITY COUNCIL, OPWA & OPGA MINUTES OF JOINT REGULAR MEETING Tuesday, June 9, 2015 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a joint regular meeting on Tuesday, June 9, 2015, in the Council Chambers at Old Central, 109 N Birch Street, Owasso, Oklahoma per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, June 5, 2015. 1. Call to Order Mayor Moberly called the meeting to order at 6:03 pm. Present Absent Mayor /Chair - Jeri Moberly None Vice - Mayor /Vice- Chair- Lyndell Dunn Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee - Chris Kelley A quorum was declared present. 2. Presentation and discussion relating to Transportation Master Plan Roger Stevens introduced Karl Stickley with Guernsey Engineering who presented the final draft of the Transportation Master Plan. Discussion was held. It was further explained that a public hearing will be held during the July 7, 2015, City Council meeting. 3. Briefing and discussion relating to regular, recurring, or consent items (expected to be brief and may not require discussion) A. Red Flag Policy Annual Report- Identity Theft Prevention B. Amend ordinance relating to competitive bidding, public improvements C. Amend Sewer Use Ordinance (Fats, Oils and Greases Program) D. City Hall bid openings Sherry Bishop presented items 3A - 3D. Item 3A, as required, the annual report was made and it was noted that as of May 2015 there was no breach of confidential customer personal identifying information or suspected identity theft reported. Item 3B, a draft of the proposed ordinance was presented to the City Council and discussion was held. It was further explained that an item would be listed on the June 16, 2015, City Council agenda for consideration and action. Item 3C, it was explained that staff is finalizing proposed amendments to the sewer use ordinance and discussion was held. Staff anticipates a presentation of the amendments during the July worksession. Item 3D, it was explained that the bid opening was amended from Tuesday, June 61h to Thursday, June 1 Ith and discussion was held. 4. Discussion relating to Public Works items A. Engineering Services Agreement - Water Model Update B. Engineering Services Agreement - E 76th St N & Main Street Intersection Improvements (Vision Project) Dwayne Henderson presented each item and discussion was held. it was further explained that items A and B would be placed on the June 16, 2015, OPWA and City Council agendas, respectively, for consideration and action. Owasso City Council /OPWA /OPGA June 9, 2015 Page 2 5. Discussion relating to Community Development items A. Annexation & Rezoning - Fire Station #4 to OM (Office Medium) located at 11933 E 11 61h St N Bronce Stephenson presented the item and discussion was held. It was further explained that an item would be placed on the June 16, 2015, City Council agenda for consideration and action. 6. Discussion relating to amendment to the Solicitors License Ordinance Julie Lombardi presented the item and discussion was held. It was further explained that an item would be placed on the June 16, 2015, City Council agenda for consideration and action. 7. Discussion relating to the FY 2016 Budget Warren Lehr and Linda Jones presented the item and discussion was held. It was further explained that an item would be placed on the June 16, 2015, City Council, OPWA, and OPGA agendas for consideration and action. 8. Discussion of boards and committee appointments Mayor Moberly presented the item. She advised that a nomination list was mostly complete and an item would be placed on the June 16, 2015, City Council agenda for consideration and action. 9. Discussion relating to City Manager items Linda Jones presented the Monthly Sales Tax and Use Tax Report. Warren Lehr announced that representatives of the Stone Canyon Development provided a $1,000 donation to the City of Owasso to be used towards the city's annual fireworks display. Stone Canyon Development is not hosting a fireworks show this year. The city's fireworks display will be July 3, 2015. 10. City Council /Trustee comments and inquiries Councilor Bonebrake and Councilor Kelley commented on the dedicated work of the transportation master plan committee. Mayor Moberly shared comments received from a recent meeting with area city representatives. Vice -Mayor Dunn shared a recent discussion with a new Owasso resident. 11. Adjournment Mayor Moberly adjourned the meeting at 8:35 pm. Jeri Moberly, Mayor /Chair Juliann M. Stevens, Minute Clerk Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL TREASURER PETTY CASH CC REFUND /HERNANDEZ 50.00 TREASURER PETTY CASH CC REFUND /BAGWELL 50.00 TREASURER PETTY CASH CC USER FEE REFUND /DENNIS 60.00 TREASURER PETTY CASH CC REFUND /CLINE 50.00 TREASURER PETTY CASH CC REFUND /SPICKELMEIER 100.00 TREASURER PETTY CASH CC REFUND /JONES 50.00 TREASURER PETTY CASH CC REFUND /ADAMS 50.00 TREASURER PETTY CASH OC REFUND /MCGILL 100.00 TREASURER PETTY CASH CC REFUND /HOLLOWAY 80.00 TREASURER PETTY CASH CC REFUND /BLUE GRASS 50.00 TREASURER PETTY CASH CC REFUND /JOHNSON 50.00 AEP /PSO STREET LIGHTS 7.05 TREASURER PETTY CASH CC REFUND /ROTH 50.00 TOTAL GENERAL 747.05 MUNICIPAL COURT JPMORGAN CHASE BANK PIKEPASS -FEES 2.80 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 7.36 TOTAL MUNICIPAL COURT 10.16 MANAGERIAL TREASURER PETTY CASH CHAMBER LUNCHEON /STEVENS 10.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 28.47 TREASURER PETTY CASH PASTOR MEETING EXPENSE 11.20 JPMORGAN CHASE BANK AMAZON -BOOKS 8.48 JPMORGAN CHASE BANK MEETING EXPENSE 56.56 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 27.94 CITY GARAGE LABOR/OVERHEAD - JUNE 11.93 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 4.46 TOTAL MANAGERIAL 159.04 FINANCE JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 24.00 JPMORGAN CHASE BANK WALMART- BINDERS 188 CITY GARAGE LABOR /OVERHEAD - JUNE 37.77 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 15.19 JPMORGAN CHASE BANK NEWEGG -HARD DRIVE 125.98 JPMORGAN CHASE BANK WALMART- BINDERS 19.40 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 6.38 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 7.98 TOTAL FINANCE 240.58 HUMAN RESOURCES JPMORGAN CHASE BANK PIKEPASS -FEES 7.80 JPMORGAN CHASE BANK CHARACTER INTIATIVE 1,894.64 JPMORGAN CHASE BANK COMMUNITY MKT - ADVERTISING 60.00 LEAD SELF LEAD OTHERS, LLC CM COACHING 1,000.00 Page 1 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount HUMAN RESOURCES... TREASURER PETTY CASH CHAMBER LUNCHEON /DEMPSTER 10.00 JPMORGAN CHASE BANK HEALTH & BENEFIT FAIR EXP 96.43 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 26. 17 AMERICANCHECKED, INC ATTN: BILLING PRE HIRE BACKGROUND CHECK 297.70 JPMORGAN CHASE BANK INDEED - ADVERTISING 250.76 TOTAL HUMAN RESOURCES 3,643.50 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK SAV ON-CHARACTER BANNERS 20.00 TOTAL HR- CHARACTER INITIATIVE 20.00 GENERAL GOVERNMENT JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 28.99 MCAFEE & TAFT LEGAL FEES 472.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, GENERAL, MAR 2015 112.50 DAVID L. WEATHERFORD LEGAL - GENERAL /APR 2015 990.00 MCAFEE & TAFT LEGAL - ARBITRATION 7,256.11 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 295.37 MAILROOM FINANCE INC POSTAGE 1,000.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 5,100.00 COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 112.00 TULSA COUNTY CLERK FILING FEES 17.00 RICOH USA, INC COPY SERVICES 209.46 CINTAS CORPORATION CARPET CLEANING CITY HALL 61.31 JPMORGAN CHASE BANK AMERICAN WASTE- REFUSE 144.93 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 55.98 AT &T CONSOLIDATED PHONE BILL 539.74 DRAKE SYSTEMS INC ICOPY SERVICES 403.01 TOTAL GENERAL GOVERNMENT 16,798.40 COMMUNITY DEVELOPMENT VERIZON WIRELESS WIRELESS CONNECTION 88.95 JPMORGAN CHASE BANK HOBBY LOBBY- PRESENT BOARD 75.90 CITY GARAGE LABOR /OVERHEAD - JUNE 176.91 SAV -ON PRINTING & SIGNS LLC BUSINESS /INSPECTION CARDS 70.00 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 267.90 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 300.00 TRAVIS SHANE WELLS CODE ENFORCEMENT MOWING 150.00 TRAVIS SHANE WELLS CODE ENFORCEMENT MOWING 250.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 200.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 400.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 400.00 TULSA COUNTY INFORMATION TECH DEPT TULSA COUNTY LAND RECORDS 30.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 6.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 62.31 Page 2 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount COMMUNITY DEVELOPMENT. JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 1 422.51 TOTAL COMMUNITY DEVELOPMENT 3,050.48 ENGINEERING JPMORGAN CHASE BANK OFFICE DEPOT -PC PARTS 81.98 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 88.33 CITY GARAGE LABOR/OVERHEAD - JUNE 166.97 JPMORGAN CHASE BANK SPEEDTECH -LIGHT BAR 975.87 JPMORGAN CHASE BANK CUS- PAVEMENT MGMT SOFTWAR 15.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 77.28 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 JOLIE, INC. THE UPS STORE SHIPPING 37.74 VERIZON WIRELESS WIRELESS CONNECTION 29.65 JAMAR TECHNOLOGIES, INC ITRAFFIC COUNTERS 2,628.00 TOTAL ENGINEERING 4,139.94 INFORMATION TECHNOLOGY VERIZON WIRELESS WIRELESS CONNECTION 149.68 JPMORGAN CHASE BANK AMAZON -SCSI DRIVE 53.99 JPMORGAN CHASE BANK AMAZON -SCSI DRIVE 39.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 140.73 CITY GARAGE LABOR/OVERHEAD - JUNE 61.62 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 31.12 JPMORGAN CHASE BANK HOME DEPOT -CABLE RUN 5.97 JPMORGAN CHASE BANK HOME DEPOT -CABLE RUNS 19.96 TOTAL INFORMATION TECHNOLOGY 502.57'. SUPPORT SERVICES JPMORGAN CHASE BANK SCHINDLER- ELEVATOR MAINT 917.28 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 10.10 CITY GARAGE LABOR/OVERHEAD - JUNE 246.49 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER PROGRAM - MAY 1,050.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - MAY, 86.51 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 EMERSON NETWORK POWER, LIEBERT BATTERY DRAWER @ TOWER 4,124.52 FLEETCOR TECHNOLOGIES, INC. FUEL PURCH M/C FROG - MAY 205.01 JPMORGAN CHASE BANK LOWES- TOILET PARTS 11.86 JPMORGAN CHASE BANK LOWES -GLUE 2.83 JPMORGAN CHASE BANK AMAZON - BATTERY BACKUP 97.35 JPMORGAN CHASE BANK LOWES -LIGHT BULBS 28.46 JPMORGAN CHASE BANK LOWES- TRIMMER OIL 7.56 JPMORGAN CHASE BANK JOHNSTONE -R22 334.38 JPMORGAN CHASE BANK LOWES -OCR TOILET REPAIR 3.41 VERIZON WIRELESS WIRELESS CONNECTION 29.65 Page 3 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount SUPPORT SERVICES... JAT&T 1CONSOLIDATED PHONE BILL 20.37 TOTAL SUPPORT SERVICES 7,212.08 CEMETERY JOHN OR BELINDA FLETCHER 1 —7 PORTABLE RESTROOM RENTAL 1 90.00 JPMORGAN CHASE BANK WINFIELD- CHEMICALS 3,293.76 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 48.26 TOTAL CEMETERY 3,432.02 POLICE SERVICES FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 7,700.89 CITY GARAGE LABOR/OVERHEAD - JUNE 7,553.61 CITY GARAGE VEHICLE PARTS PURCH - MAY 7,405.44 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 224.82 JPMORGAN CHASE BANK BROWNELLS -RIFLE BARREL 530.90 JPMORGAN CHASE BANK SIRCHIE -DET EQUIPMENT 589.80 JPMORGAN CHASE BANK AMAZON -PD SQDRM MEM CRD 18.74 JPMORGAN CHASE BANK AT SOFTWARE- PC SOFTWARE 79.00 JPMORGAN CHASE BANK DELL - SQDRM PC SPEAKERS 80.82 BOARD OF TESTS FOR ALCOHOL & DRUG A. BELL ENROLLMENT 62.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 140.95 JPMORGAN CHASE BANK LODGING EXPENSE 222.10 JPMORGAN CHASE BANK TRAVEL EXPENSE 16.09 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.20 JPMORGAN CHASE BANK TRAVEL EXPENSE 16.84 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.28 JPMORGAN CHASE BANK TRAVEL EXPENSE 16.08 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.74 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.67 JPMORGAN CHASE BANK AMAZON -K9 ITEMS 225.74 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 1,454.94 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8.31 JPMORGAN CHASE BANK SPECIAL OPS -VEST YOUNT 398.25 JPMORGAN CHASE BANK SEATBELT INITIATIVE 24.49 JPMORGAN CHASE BANK VIEVU -BODY CAMERAS 9,610.00 JPMORGAN CHASE BANK VISUAL FORCE - DETECT VEH 2,443.00 JPMORGAN CHASE BANK MARLOW WHITE - UNIFORM ITEM 84.75 JPMORGAN CHASE BANK AT SOLUTIONS - SOFTWARE 238.00 TREASURER PETTY CASH TRAVEL EXPENSES 93.26 VERIZON WIRELESS WIRELESS CONNECTION 687.71 JPMORGAN CHASE BANK BROWNELLS- SUPPLIES 47.87 AT &T CONSOLIDATED PHONE BILL 532.18 OWASSO FOP LODGE #149 POLICE DEPT ILEGAL DEFENSE FY15 329.00 TOTAL POLICE SERVICES 40,876.47 Page 4 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount POLICE - DOJ VEST GRANT JPMORGAN CHASE BANK ISPECIAL OPS- VESTYOUNT 398.25 TOTAL POLICE - DOJ VEST GRANT 398.25 POLICE COMMUNICATIONS JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 46.28 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 50.57 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 33.75 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 115.96 JPMORGAN CHASE BANK AMAZON -PD -LAB PC ACCESSOR 39.23 JPMORGAN CHASE BANK AMAZON -PD LAB PC ACCESSOR 315.98 JPMORGAN CHASE BANK DELL - LAPTOP 1,442.25 JPMORGAN CHASE BANK DELL - DOCKING STATION 165.18 JPMORGAN CHASE BANK AMAZON -HARD DRIVE 97,99 JPMORGAN CHASE BANK AMAZON -PD LAB PC MONITOR 137.99 JPMORGAN CHASE BANK DELL -PD LAB PC 1,184.47 JPMORGAN CHASE BANK DELL -PD VISITATION PC 783.24 RICH & CARTMILL SEAN MOORE- NOTARY BOND 30.00 JPMORGAN CHASE BANK APCO INT'L- TRAINING 1,245.00 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 4,92 TOTAL POLICE COMMUNICATIONS 5,692.81 ANIMAL CONTROL AT &T CONSOLIDATED PHONE BILL 24.87 VERIZON WIRELESS WIRELESS CONNECTION 80.06 MEEK'S LITHOGRAPHING CO. AC REPAIR & MAINTENANCE 550.00 RGR SECURITY SOLUTIONS, LLC AC REPAIR & MAINT 850.00 JPMORGAN CHASE BANK CODE ZERO -VEH EQUIPMENT 269.99 JPMORGAN CHASE BANK TACTICAL ARMOR- BUMPER 400.00 JPMORGAN CHASE BANK ATWOOD- SUPPLIES 25.99 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 133.56 CITY GARAGE LABOR/OVERHEAD - JUNE 13.91 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - MAY, 30.02 JPMORGAN CHASE BANK SERENITY PET - CREMATIONS 510.00 JPMORGAN CHASE BANK USPS - MAILING COSTS 5.25 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 102.15 JPMORGAN CHASE BANK GALLS- UNIFORM ITEMS 45.00 JPMORGAN CHASE BANK HILLS PET-SUPPLIES 103.67 TOTAL ANIMAL CONTROL 3,144.47 FIRE SERVICES JPMORGAN CHASE BANK STOLZ TELECOM - CHRGING SYS. 3,610.95 JPMORGAN CHASE BANK TRAVEL EXPENSE 30.22 JPMORGAN CHASE BANK LOWES- SUPPLIES 1.98 JPMORGAN CHASE BANK LOWES- SUPPLIES 14.00 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS 173.43 JPMORGAN CHASE BANK P &K EQUIP- SUPPLIES 7.86 Page 5 Claims List ty`1yez0s11.y Budget Unit Title Vendor Name Payable Description PaymentAmount FIRE SERVICES... JPMORGAN CHASE BANK CUMMINS -ENG 1 REPAIR 30.18 JPMORGAN CHASE BANK TRAVEL EXPENSE 27.46 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 98.60 JPMORGAN CHASE BANK TRAVELEXPENSE 14.06 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 45.99 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 18.46 JPMORGAN CHASE BANK OREILLY- SUPPLIES 11.18 JPMORGAN CHASE BANK WALMART- SUPPLIES 51.35 JPMORGAN CHASE BANK TRAVEL EXPENSE 12.61 JPMORGAN CHASE BANK TRAVEL EXPENSE 14.17 JPMORGAN CHASE BANK LODGING EXPENSEISTUCKEY 200.82 JPMORGAN CHASE BANK LODGING EXPENSE /HURST 200.82 JPMORGAN CHASE BANK REASORS- SUPPLIES 9.98 JPMORGAN CHASE BANK CONRAD FIRE- REPAIR PARTS 122.96 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - MAY, 120.13 CITY GARAGE LABOR/OVERHEAD - JUNE 702.58 CITY GARAGE VEHICLE PARTS PURCH - MAY 36.77 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 2,093.37 JPMORGAN CHASE BANK LOWES- CREDIT -38.88 JPMORGAN CHASE BANK LOWES- CREDIT -24.98 JOHNNY SMITH TUITION REIMBURSEMENT 903.00 KEITH NELSON TUITION REIMBURSEMENT 425.25 BIG POPPY'S UNIFORMS & APPAREL DRU APPAREL ITEMS 1,962.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 393.42 JPMORGAN CHASE BANK TRAINING EXPENSE 34.23 JPMORGAN CHASE BANK TRAINING EXPENSE 11.70 JPMORGAN CHASE BANK TRAINING EXPENSE 11.70 JPMORGAN CHASE BANK TRAINING EXPENSE 15.25 JPMORGAN CHASE BANK P &K EQUIP- REPAIRS 198.65 JPMORGAN CHASE BANK TRAINING EXPENSE 10.41 JPMORGAN CHASE BANK TRAINING EXPENSE 10.55 JPMORGAN CHASE BANK TRAINING EXPENSE 10.41 JPMORGAN CHASE BANK TRAINING EXPENSE 7.76 JPMORGAN CHASE BANK TRAINING EXPENSE 9.28 JPMORGAN CHASE BANK TRAINING EXPENSE 10.63 JPMORGAN CHASE BANK TRAINING EXPENSE 13.07 JPMORGAN CHASE BANK TRAINING EXPENSE 8.14 JPMORGAN CHASE BANK PIKEPASS -FEES 46.90 JPMORGAN CHASE BANK TRAINING EXPENSE 32.63 JPMORGAN CHASE BANK LOWES- SUPPLIES 38.88 JPMORGAN CHASE BANK LOWES- SUPPLIES 24.98 JPMORGAN CHASE BANK SAFELITE- WINDSHIELD REP 289.85 JPMORGAN CHASE BANK FAST EDDIES - REPAIR SVCS 160.00 JPMORGAN CHASE BANK ITRAINING EXPENSE 11.76 Page 6 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount FIRE SERVICES... JPMORGAN CHASE BANK TRAINING EXPENSE 11.76 JPMORGAN CHASE BANK TRAINING EXPENSE 9.13 JPMORGAN CHASE BANK TRAINING EXPENSE 10.76 JPMORGAN CHASE BANK OK STATE FF- REGISTRATION 60.00 JPMORGAN CHASE BANK ADVANCE AUTO- SUPPLIES 6.74 JPMORGAN CHASE BANK TRAINING EXPENSE 10.40 VERIZON WIRELESS WIRELESS CONNECTION 588.52 JPMORGAN CHASE BANK JOHNSTONE -FAN MOTOR 69.30 FEDERAL MANAGEMENT AGENCY REF GRANTEMW2012FO00543 1,177.08 JPMORGAN CHASE BANK LOWES -FS #1 LIGHT BULBS 53.18 AT &T CONSOLIDATED PHONE BILL 169.51 JPMORGAN CHASE BANK LOCKE- REPAIR PARTS 88.65 TOTAL FIRE SERVICES 14,481.55 EMERGENCY PREPAREDNES AT &T CONSOLIDATED PHONE BILL 14.08 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.46 VERIZON WIRELESS WIRELESS CONNECTION 29.65 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL -STORM SIREN 26.55 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL -STORM SIREN 21.93 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL -STORM SIREN 26.46 TOTAL EMERGENCY PREPAREDNESS 124.13 STREETS CITY GARAGE VEHICLE PARTS PURCH - MAY 156.82 AEP /PSO STREET LIGHTS 5,871.64 CITY GARAGE LABOR/OVERHEAD - JUNE 1,129.07 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - MAY, 563.79 JPMORGAN CHASE BANK MAXWELL- HANDICAP BUMPER 148.61 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 336.93 JPMORGAN CHASE BANK EQUIPMENT ONE - PROPANE 63.22 JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 46.88 UNIFIRST HOLDINGS LP UNIFORM CLEANING 39.35 JPMORGAN CHASE BANK BUMP2BUMP- SUPPLIES 7.49 JPMORGAN CHASE BANK TULSATECH -EXCEL TRAINING 194.00 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK DELTA RIGGING - BINDERS 182.00 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT 6.89 JPMORGAN CHASE BANK BROWNCO- CONCRETE TOOLS 5,886.25 JPMORGAN CHASE BANK ATWOOD- TRAILER MATERIAL 98.66 JPMORGAN CHASE BANK ATWOODS -HITCH & LOCK 89.98 VERIZON WIRELESS WIRELESS CONNECTION 80.02 TWIN CITIES READY MIX, INC CONCRETE - HANDICAP RAMP 96.00 JPMORGAN CHASE BANK HD SUPPLY - SHOVELS 55.88 TULSAASPHALT, LLC 1ASPHALT -TYPE I REPAIRS 190.84 Page 7 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount STREETS... UNIFIRST HOLDINGS LP UNIFORM CLEANING 41.30 TULSAASPHALT, LLC ASPHALT 130.90 JPMORGAN CHASE BANK JOHNSTONE SUPPLY - COUPLER 30.88 TOTAL STREETS 16,960.40 STORMWATER UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 VERIZON WIRELESS WIRELESS CONNECTION 109.67 JPMORGAN CHASE BANK P & K-CHEMICAL SPRAYER 732.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 JPMORGAN CHASE BANK P &K EQUIP -HEAD SLEEVES 56.56 JPMORGAN CHASE BANK QUALITY TIRE -MOWER TIRE 34.00 JPMORGAN CHASE BANK TRANSCO SUPPLY -PPE 46.88 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 758.78 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - MAY, 210.66 CITY GARAGE LABOR/OVERHEAD - JUNE 834.87 CITY GARAGE IVEHICLE PARTS PURCH - MAY 217.96 TOTAL STORMWATER 3,068.00 PARKS CITY GARAGE VEHICLE PARTS PURCH - MAY 109.39 CITY GARAGE LABOR /OVERHEAD - JUNE 610.25 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 434.73 JPMORGAN CHASE BANK EVANS- HARVEST FESTIVAL 330.25 JPMORGAN CHASE BANK EVANS- RESTROOM PARTS 926.56 PHILLIP R. PENNINGTON FIELD MAINTENANCE 7,250.00 JPMORGAN CHASE BANK TUCKER JANT'L- SUPPLIES 30.75 JPMORGAN CHASE BANK LOWES- REPAIR PARTS 3.47 VERIZON WIRELESS WIRELESS CONNECTION 29.65 AT &T CONSOLIDATED PHONE BILL 118.03 RANDY G. MISER SPORTS PARK PARKING LOT 3,000.00 JPMORGAN CHASE BANK OFFICE DEPOT -BID MATERIAL 22.98 JPMORGAN CHASE BANK OFFICE DEPOT - BATTERY PACK 48.98 ANDREA SMITH PARKS JANITORIAL SERVICES 1,175.00 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE CENTENNIAL 191.95 JPMORGAN CHASE BANK TUCKER JANT'L- SUPPLIES 129.90 JPMORGAN CHASE BANK FERGUSON- REPAIR PART 55.43 TOTAL PARKS 14,497.82', COMMUNITY CENTER AT &T CONSOLIDATED PHONE BILL 38.95 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDE FARES 375.00 TERMINIX PEST CONTROL INSPECTION 104.00 JPMORGAN CHASE BANK RANDYS PEST -PEST CONTROL 320.00 Page 8 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount COMMUNITY CENTER... ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 118.39 JPMORGAN CHASE BANK WALMART - SUPPLIES 44.21 JPMORGAN CHASE BANK WALMART - SUPPLIES 30.32 JPMORGAN CHASE BANK LOWES- SUPPLIES 20.95 JPMORGAN CHASE BANK WALMART- SUPPLIES 75.68 CITY GARAGE LABOR/OVERHEAD - JUNE 19.88 TOTAL COMMUNITY CENTER 1,147.38 VISION 2025 COMMUNITY 77 EES SERVICE, IN C PLUMBING SERVICES 1,990.21 7DALE WOMBLE INC CC ADA COMPLIANCE RENOVAT 2,412.00 WOMBLE INC CC ADA COMPLIANCE RENOVAT 4,170.00 TOTAL VISION 2025 COMMUNITY CTR 8,572.21 HISTORICAL MUSEUM AT &T CONSOLIDATED PHONE BILL 14.08 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 37.45 TOTAL HISTORICAL MUSEUM 51.53 ECONOMIC DEV CITY GARAGE LABOR/OVERHEAD - JUNE 15.90 CITY GARAGE VEHICLE PARTS PURCH - MAY 153.71 VERIZON WIRELESS WIRELESS CONNECTION 29.65 TOTAL ECONOMIC DEV 199.26 FUND GRAND TOTAL 149,170.1 AMBULANCE SERVICE MARY K. O'CONNELL AMBULANCE REFUND 189.99 GLOBALHEALTH INC AMBULANCE REFUND 1,045.00 ACCENT AMBULANCE REFUND 494.37 NANCY LEE LAMASON AMBULANCE REFUND 109.36 DONALD DYSON AMBULANCE REFUND 87.37 AUDREY H. FORSCHLER AMBULANCE REFUND 70.80 SEQUOYAH POINTE LIVING CENTER AMBULANCE REFUND 636.00 SEQUOYAH POINTE LIVING CENTER AMBULANCE REFUND 500.00 TOTAL AMBULANCE SERVICE 3,132.89 AMBULANCE JPMORGAN CHASE BANK JIM GLOVER- MEDIC4 PART 10.99 JPMORGAN CHASE BANK PSI- SUPPLIES 57.10 VERIZON WIRELESS WIRELESS CONNECTION 238.69 CITY GARAGE VEHICLE PARTS PURCH - MAY 352.64 CITY GARAGE LABOR /OVERHEAD - JUNE 918.00 FLEETCOR TECHNOLOGIES FUELMAN PURCHASES - MAY, 1,871.18 JPMORGAN CHASE BANK VISIONXLIGHT -FOG LIGHT 603.38 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 319.77 Page 9 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description Payment Amount AMBULANCE... JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 436.59 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 21.92 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 192.00 MEDICLAIMS INC BILLING SERVICES 10,573.59 JPMORGAN CHASE BANK FULLERTON- SUPPLIES 61.50 JPMORGAN CHASE BANK FULLERTON- SUPPLIES 61.50 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 272.64 JPMORGAN CHASE BANK PSI- SUPPLIES 83.80 JPMORGAN CHASE BANK PSI- SUPPLIES 184.99 JPMORGAN CHASE BANK PSI- SUPPLIES 161.46 JPMORGAN CHASE BANK PSI- SUPPLIES 30.95 WAPCO DISTRIBUTION, LLC. DRU EQUIPMENT 5,263.80 JPMORGAN CHASE BANK IMPACT INSTRUM- SUPPLIES 301.66 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 2,249.05 JPMORGAN CHASE BANK IFIRE SVC TRNING -AHA 135.00 TOTAL AMBULANCE 24,402.20 FUND GRAND TOTAL 27,535.0 E911 COMMUNICATIONS AT &T E911 MAPPING FEES -JUNE 355.35 AT &T CONSOLIDATED PHONE BILL 576.43 TOTAL E911 COMMUNICATIONS 931.78 FUND GRAND TOTAL 931.7 CEMETERY - CEMETERY JPMORGAN CHASE BANK ATWOODS- SUPPLIES 19.68 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 72.93 TOTAL CEMETERY - CEMETERY 927 FUND GRAND TOTAL 92.61 HOTEL TAX - ECON DEV JPMORGAN CHASE BANK TRAVELEXPENSE 11.14 JPMORGAN CHASE BANK TRAVELEXPENSE 12.43 JPMORGAN CHASE BANK TRAVELEXPENSE 15.83 JPMORGAN CHASE BANK MEMORY DIRECT -USB DRIVES 860.00 JPMORGAN CHASE BANK TRAVELEXPENSE 17.16 JPMORGAN CHASE BANK TRAVELEXPENSE 12.47 JPMORGAN CHASE BANK TRAVELEXPENSE 12.43 JPMORGAN CHASE BANK TRAVELEXPENSE 18.13 JPMORGAN CHASE BANK TRAVELEXPENSE 4.32 JPMORGAN CHASE BANK PARKING FEE 24.00 JPMORGAN CHASE BANK ITRAVEL EXPENSE 9.82 Page 10 Claims List 6/16/2015 Budget Unit Title I Vendor Name Payable Description IPaymentAmount TOTAL HOTEL TAX - ECON DEV 997.73 STRONG NEIGHBORHOODS CITY GARAGE LABOR /OVERHEAD -JUNE 75.00 JPMORGAN CHASE BANK KEEP OK BEAUTIFUL -DUES 150.00 TOTAL STRONG NEIGHBORHOODS 225.00 FUND GRAND TOTAL 1 ,222.7 STORMWATER- STORMWATE JPMORGAN CHASE BANK GNC CONCRETE -STORM PIPE 1,816.32 JPMORGAN CHASE BANK WINFIELD- CHEMICALS 6,818.78 MESHEK &ASSOCIATES, P.L.C. ENGINEERING SERVICES 735.00 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE MAINTEN 216.25 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE MAINTEN 410.00 LOT MAINTENANCE OF OKLAHOMA, INC. DETENTION POND MOWING 823.02 ANCHOR STONE COMPANY CRUSHER RUN STONE 178.92 TOTAL STORMWATER- STORMWATER 10,998.29 FUND GRAND TOTAL 10,998.2 PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK CASCO INDUST -DRU EQUIPMEN 195.00 TOTAL PUBLIC SAFETY -FIRE 195.00 FUND GRAND TOTAL 195.0 CI- GARNWID96TH -106TH PSA- DEWBERRYINC ENGINEERING SERVICES 16,857.00 TOTAL CI - GARN WID 96TH -106TH 16,857.00 TRANSPORTATION MSTR PLF C. H. GUERNSEY & COMPANY JENGINEERING SERVICES 26,867.65 TOTAL TRANSPORTATION MSTR PLAN 26,867.65 STREET REHAB FY15 BECCO CONTRACTORS INC IFY 15 STREET REHABILITATI 116,900.73 TOTAL STREET REHAB FY15 116,900.73 FUND GRAND TOTAL 160,625.3 CITY GARAGE JPMORGAN CHASE BANK B &M -PARTS RESALE 507.89 JPMORGAN CHASE BANK B &M -PARTS RESALE 837.23 JPMORGAN CHASE BANK WHELEN -SIREN REPAIR 117.50 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 393.43 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 100.28 JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 392.60 Page 11 Claims List 6/16/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount CITY GARAGE... UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 27.24 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 475.53 JPMORGAN CHASE BANK CLASSIC CHEV -PARTS RESALE 354.68 JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 395.76 JPMORGAN CHASE BANK GELLCO - BOOTS /LIVINGSTON 135.00 AT &T CONSOLIDATED PHONE BILL 24.87 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 14.07 JPMORGAN CHASE BANK LENOX- TOWING 65.00 TOTAL CITY GARAGE 3,873.12 FUND GRAND TOTAL 3,873.1 WORKERS' COMP SELF -INS CITY OF OWASSO IMPRESTACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 TOTAL WORKERS' COMP SELF -INS 646.00 WORKERS' COMP SELF -INS UNITED SAFETY & CLAIMS INC UNITED SAFETY & CLAIMS WC 1,658.33 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 366.98 CITY OF OWASSO IMPRESTACCOUNT CITY OF OWASSO IMPREST AC 571.50 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 3,283.58 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 366.98 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPRESTAC 1,375.31 TOTAL WORKERS' COMP SELF -INS 7,622.68 FUND GRAND TOTAL 8,268.6 GEN LIAB -PROP SELF INS NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, SPRADUN, MAR 2015 14,751.68 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, ROSS VS. CITY, MAR 1,864.10 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, DENTON, MARCH 2015 2,270.86 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, DAVIDSON, MAR 2015 1,162.50 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, MAZZANTI, MAR 2015 225.00 TOTAL GEN LIAB -PROP SELF INS 20,274.14 FUND GRAND TOTAL 20,274.1 CITY GRAND TOTAL $383,186.92 Page 12 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 6116/15 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 30,814.44 29,079.67 125,302.45 185,196.56 2,512.20 2,269.10 4,781.30 189,977.86 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05130115 Department Payroll Expenses Total Expenses Municipal Court 5,072.12 7,613.60 Managerial 20,323.97 28,684.74 Finance 14,194.45 21,876.80 Human Resources 7,794.91 12,751.09 Community Development 13,673.67 21,039.78 Engineering 14,126.06 21,155.48 Information Systems 13,110.35 19,801.52 Support Services 7,684.91 11,797.11 Police 126,418.20 188,966.80 Central Dispatch 16,656.48 27,267.33 Animal Control 3,226.35 4,873.73 Fire 108,613.98 164,544.03 Emergency Preparedness 1,653.00 2,339.63 Streets 7,565.62 12,704.50 Stormwater /ROW Maint. 5,927.66 9,229.32 Park Maintenance 10,400.69 16,163.32 Community- Senior Center 2,514.20 3,650.28 Historical Museum 588.96 661.29 Economic Development 3,205.00 4,189.04 General Fund Total 382,750.58 579,309.39 Garage Fund Total 4,487.60 7,272.09 Ambulance Fund Total 29,089.43 44,397.26 Emergency 911 Fund Total 1,963.36 3,311.93 Stormwater Fund 27 Total Worker's Compensation Total 3,343.91 4,002.79 Strong Neighborhoods 3,536.22 5,111.42 CITY OF OWASSO GENERALFUND FISCAL YEAR 2014 -2015 Budgetary Basis Statement of Revenues & Expenditures As of May 31, 2015 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay MONTH YEAR 873,198 TO -DATE TO -DATE BUDGET 1,510,749 70.63% $ 2,198,032 $ 22,735,806 $ 24,009,125 9,919 206,433 258,900 87,351 912,205 1,009,274 40,255 464,498 488,260 56,818 679,064 697,353 4,891 101,114 89,760 $ 2,397,266 $ 25,099,121 $ 26,552,672 $ 1,169,286 $ 13,351,887 50,955 705,187 112,064 1,422,481 15,324 1,067, 073 PERCENT OF BUDGET 94.70% 79.73% 90.38% 95.13% 97.38% 112.65% 94.53% $ 15,683,049 85.14% 873,198 80.76% 1,757,875 80.92% 1,510,749 70.63% TOTAL EXPENDITURES $ 1,347,628 $ 16,546,628 $ 19,824,871 83.46% REVENUES OVER EXPENDITURES $ 1,049,638 $ 8,552,493 $ 6,727,801 1.00% TRANSFERS IN (OUT): Transfers in $ 1,220,031 $ 13,289,020 $ 14,330,000 92.74% Transfers out (1,950,586) (20,979,146) (22,550,000) 93.03% TOTAL TRANSFERS $ (730,555) $ (7,690,125) $ (8,220,000) 93.55% NET CHANGE IN FUND BALANCE $ 319,083 $ 862,368 $ (1,492,199) FUND BALANCE (Budgetary Basis) Beginning Balance 2,811,625 2,811,625 Ending Balance $ 3,673,993 $ 1,319,426 n—Tify �W, _ out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing Sr. Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreement DATE: June 12, 2015 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Detaiis for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1 (B). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Proiect Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $ 250,000 $ 500,000 $1,000,000 The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 0114.1 (C). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), and therefore Council approval is needed. RECOMMENDATION: Staff recommends approval and authorization for the Mayor to execute the following "Agreement for Urban Engineering Services" (Engineers Agreement): Tulsa Engineering & Planning Assoc., Inc., for Grading, Storm Sewer, Sanitary Sewer, and Pavement Construction to serve Carrington Pointe Phase II. ATTACHMENT: "Agreement for Urban Engineering Services" - Tulsa Engineering & Planning Assoc., Inc., for Grading, Storm Sewer, Sanitary Sewer, and Pavement Construction to serve Carrington Pointe Phase II. AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Tulsa Engineering & Planning Assoc., Inc. hereinafter called "Design Engineer ". WI7NESSETH: WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Grading, Storm Sewer, Sanitary Sewer, and Pavement Construction which shall be located on the following described tract of land: Pointe II" 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the constriction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PPPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that Ire /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the _day of 20— Executed by the Design Engineer on the 19th day of May 2015. CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Public Works Director DESIGN ENGINEER /____�?/ at_ esign Enginee BY President Title ATTEST- T / CEO Seeietary- The Cify Wil out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Supplemental Appropriation Stone Canyon Donation DATE: June 12, 2015 BACKGROUND: For the last several years, Stone Canyon has hosted a public fireworks display to celebrate Independence Day which was typically conducted on a different date from the City of Owasso's public fireworks display. Stone Canyon notified city staff that they will no longer hold this celebration because they cannot accommodate the crowds as the event has tripled in spectators. This year, they would like to contribute $1,000 in support of the City of Owasso's Independence Red, White and Boom public fireworks display to be conducted on July 3, 2015. RECOMMENDATION: Staff recommends acceptance of the donation from Stone Canyon and approval of a budget amendment in the General Fund, increasing the estimated revenue and increasing the appropriation for expenditures by $1,000. 0 The Cify Wit oul Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Owasso Golden Agers CENA Grant Budget Amendment DATE: June 12, 2015 BACKGROUND: The Owasso Community Center was built in 1977 with a grant provided by the Federal Government. The Community Center is a place where residents of all ages can participate in meaningful programs and activities to enrich their lives. The Owasso Senior Citizens Foundation is a tax exempt (501 -C -3) organization whose primary purpose is to receive and manage a corpus of funds to assure that a viable Owasso Senior program is not totally dependent on government funding. The Owasso Golden Agers have been approved funding in the amount of $9,087 for the Community Expansion of Nutrition Assistance (CENA) program which was made available through the Oklahoma Department of Commerce's appropriation bill, Oklahoma State Senate Bill 1071 Sections 1 and 6, Second Session, Forty -Ninth Oklahoma Legislature (2004). The purpose of this program is to increase the number of meals served to individuals, families, and their children, and other people at senior centers and community centers, in addition to home - delivered meals. The program also allows for expansion of other needed services provided at senior centers for residents of Oklahoma Community Expansion of Nutrition Assistance and accessibility needs to be appropriate for the range of activities offered. The Owasso Golden Agers (OGA) have generously donated an additional $1,825 to the City of Owasso to help complete accessibility projects and conform to Americans with Disabilities Act (ADA) standards. Funds from this donation will be used to renovate restrooms, reconfigure front doors and update parking lot. A budget amendment is needed in order to make the OGA donation and the CENA grant funds available for expenditure in the Community Center FY15 budget. This budget amendment would increase the General Fund revenues and appropriation for expenditures by $10,912. RECOMMENDATION: Staff recommends City Council approval of a budget amendment in the General Fund increasing estimated revenues and increasing the appropriation for expenditures in the Community Center Department by $10,912. 0 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director or Recreation and Culture SUBJECT: Donation Supplemental Appropriation DATE: June 12, 2015 BACKGROUND: The Community Center provides community programs with over 50 groups regularly scheduled in the building and hundreds of people use the Center weekly. The daily program alone currently reaches approximately 500+ citizens and includes all ages. Periodically, various patrons and organizations will contribute donations to the Owasso Community Center. Although these benefactors prefer not to be publically recognized, the proceeds are very much appreciated as they assist the center and its operations. A budget amendment is needed in order to make the donated funds available for expenditures in the Community Center FY15 budget. This budget amendment would increase the General Fund revenues and appropriated expenditures by $1,288. RECOMMENDATION: Staff recommends City Council approval of a budget amendment in the General Fund increasing estimated revenues and increasing the appropriation for expenditures in the Community Center Department by $1,288. 0_I, City Witio ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Vision 2025 Community Center Project Budget Amendment DATE: June 12, 2015 BACKGROUND: On July 7, 2003, the Board of County Commissioners of Tulsa County adopted a Resolution calling for a special election to levy and collect sales tax to provide revenue for the purpose of capital improvements for community enrichment within Tulsa County, including $1,000,000 to be provided to fund construction of capital improvements. In 2004, the Owasso City Council approved Capital Improvements Agreement contracts with the Tulsa County Industrial Authority and the Board of County Commissioners of Tulsa County for the disbursement and utilization of Vision 2025 funds. One such agreement was for the Owasso Community Center project for $1,000,000. The project of the Vision 2025 proposition was actually four projects, including new roof -top HVAC units for the existing Community Center, construction of a Community Build Park (Funtastic Island), acquisition of land for a Veteran's Memorial, and participation in the construction of a new recreational facility by the YMCA. Under the terms of the Capital Improvements Agreement dated April 30, 2004, 95% of the project funding was the maximum amount available to be drawn for the project. The remaining 5/1. in the amount of $50,000 was set aside and retained by the Tulsa County Industrial Authority. Also, the actual project came in under budget which created a $1,331 unused balance. The retained amount along with savings equals $51,331.23 and is now available for disbursement for an Owasso Community Center project. A budget amendment is needed in order to make the Vision funds available for expenditures in the Community Center FY15 budget. This budget amendment would increase the General Fund revenues and appropriated expenditures by $51,331. RECOMMENDATION: Staff recommends approval of a budget amendment in the General Fund increasing estimated revenues and increasing the appropriation for expenditures in the Community Center Department by $51,331. The City Wil out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Request for Authorization to Discharge Fireworks DATE: June 12, 2015 BACKGROUND: A City of Owasso sponsored fireworks display is planned to be conducted on the evening of Friday, July 3, 2015. City Code requires approval from the City Council for any public display of fireworks within the city celebrating Independence Day. Representatives of both the Fire and Police Departments have been consulted in order to coordinate the event and ensure public safety issues are being adequately addressed. The City sponsored celebration will be limited to the fireworks show. Imperial Fireworks Company will once again present the fireworks display. The display will be open to the public and will discharge from The Owasso Golf and Athletic Club. Display will begin at approximately 9:00 pm. Various public viewing areas are available which include Owasso High School, Owasso Town Center Shopping Center, Owasso 8th Grade Center and Owasso bih Grade Center. RECOMMENDATION: Staff recommends authorization to discharge fireworks and approval of a public fireworks display to be conducted on July 3, 2015, free of charge to the public and sponsored by the City of Owasso in celebration of Independence Day. T y Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Annexation (OA- 15 -04) & Rezoning (OZ- 15 -03) of Property at 11933 E 116th St N - Future Fire Station #4 DATE: June 12, 2015 BACKGROUND: The City of Owasso is processing application for review and approval of an annexation and rezoning request for a property to be used as the future Fire Station #4. The subject property is located at 11933 E 11611i St N. The property is requested to be assigned an Office Medium (OM) Zoning upon annexation. SURROUNDING ZONING: Direction Zonin Use Land Use Pian Jurisdiction North AG (Agriculture) Residential Residential Tulsa County Within PUD? "' RE Within Overlay District ?: N/A Water Provider South (Residential Residential Residential City of Estate ) Owasso East (Agriculture) Residential Transitional Tulsa County West AG (Agriculture) Residential Transitional Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size `' 10 acres Current Zoning AG Tulsa Count Proposed Use OM - Office Medium - Fire Station Lots/Blocks N/A Number of Reserve Areas ` ' N/A Within PUD? "' N/A Within Overlay District ?: N/A Water Provider Washington County Rural Water #3 Applicable Pa backs N/A Streets (public or private) N/A ANALYSIS: The City of Owasso recently purchased the property at 11933 E 1 16th St N for use as the future Fire Station #4. The northwest quadrant of the City of Owasso has been studied for years as the area of town that is most in need of a fourth fire station. Locating the property along an arterial that allows easy access to the coverage area is essential and this property met all the criteria of the Owasso Fire Department. The property is currently zoned AG (Agriculture) in Tulsa County and the first step to developing the property is to annex the property into Owasso's corporate limits. The applicant is also requesting the rezoning of the subject property. Typically, when a property is annexed into City Limits it is assigned an AG (Agriculture) zoning designation, but as a part of this application the property is requested to be zoned OM (Office Medium). Assigning this zoning designation will allow for the planned development of Fire Station #4. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. The City of Owasso will provide sanitary sewer service. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of Transitional. The proposed rezoning to Office Medium will be in conformance with the Land Use Master Plan, as office uses are allowed in transitional areas. ANNEXATION COMMITTEE: The Owasso Annexation Committee met on May 27, 2015 and voted unanimously to recommend approval of the annexation request. PLANNING COMMISSION: The Planning Commission reviewed this item at their regular meeting on June 8, 2015 and voted unanimously to recommend approval. RECOMMENDATION: Staff recommends approval of annexation case OA- 15 -04, assigning an Office Medium Zoning designation to the property through OZ- 15 -03. ATTACHMENTS: Area Map Aerial Map Zoning Map Annexation & Rezoning _ OA 15 -041 1 „ — 752 ft 06/02/2015 e; r_ OZ15 -03 This map represents a visual display of related geographic information_ Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up-to -date Information. Annexation & Rezoning 1" = 752 ft OA 15 -0 06/02/2015 ' OZ15 -0 3 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up4o -date Information. Annexation & Rezoning 1" = 752 ft OA 15 -04/ 06/02/2015 OZ 15 -03 �M This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To he sure of complete accuracy. please contact Owasso staff for the most up -to -date inform aflon. The City Wit o Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: East 76th Street North /Main Street Intersection Improvements Vision 2025 Funding - Agreement for Engineering Services DATE: June 12, 2015 BACKGROUND The E 7&h St North is a heavily used secondary arterial in the Owasso city limits that conveys residential and commercial traffic through the area, as well as commuter traffic to and from Tulsa. The intersection with Main Street is extremely busy during the business hours and important to the businesses and consumers in the area. Main Street has and will continue to be focus area in Owasso. The original First Bank of Owasso is located at the southwest corner of the intersection. With the building being converted to the New City Hall, this area will become even busier. The southeastern corner of the intersection has recently been purchased by a developer with new building construction on the horizon. The Gathering on Main, which is a monthly one- evening festival held for the citizens of Owasso, is celebrating its second birthday. The event is held on Main Street, North of 7611i Street North from spring through fall. The Farmers Market, which will also be funded by Vision 2025 and be constructed on Main Street, will increase traffic demand in the area. With this increase in activity, the proposed improvements to the intersection at E 76th St North and Main are needed. The focus of the project is continuing the spirit of the Main Street Revitalization project constructed several years ago, with stamped brick crosswalks and landscaping, an additional lane to allow for a center -turn lane, relocating water lines under 76th Street North, updating the storm sewer under the intersection and repaving the entire intersection. However, the first order of business is getting a design engineer procured for the design. ENGINEER SELECTION PROCESS: On May 27, 2015, staff notified three (3) engineering firms that had previously worked with the City of Owasso on transportation projects. These three (3) had previously designed projects within budget and in a timely manner. Based on these criteria, staff issued them an invitation to submit Letters of Interest (LOL) The three (3) firms submitting LOIs were as follows Poe & Associates, Inc., Tulsa, Oklahoma McClelland Consulting Engineers, Inc., Sand Springs, Oklahoma Tri -State Engineering, Inc., Claremore, Oklahoma Owasso Public Works staff reviewed the submitted LOIs and selected McClelland Consulting Engineers, Inc., as the most qualified firm. ENGINEERING AGREEMENT /SCOPE OF WORK: Following is the scope of work for this project: • Topographical and Property Surveying; • Conceptual Plan and Design Report, in including estimate; • 30 %, 60 %, 90% and Final Design plans • Utility Relocation Coordination • Assistance during Bidding • Construction Administration Services (Inspection by the City of Owasso, this item is to be available for questions on intent and the review and approval of submittals during construction) • As -built Plan Preparation On June 10, 2015, City staff and McCelland Consulting Engineers, Inc. came to an agreement relating to the engineering service fee. If approved, cost of engineering services will be a lump sum amount of $78,000 or 7.8% of the estimated construction cost. FUNDING: Funding for the engineering services is included in the Vision 2025 Funds. RECOMMENDATION: Staff recommends approval of an Agreement for Engineering Services for the E 761h St North and Main Street Intersection Improvements with agreement McClelland Consulting Engineers, Inc., in the amount of $78,000 and authorization for the Mayor to execute the agreement. ATTACHMENTS: Location Map Engineering Agreement /Exhibits r II CITY OF OWASSO P.O. 180 0,6F,isso. OK 74055 918.272.4959 www.cityo fowasso. com E 76th STREET N/ MAIN STREET INTERSECTION LOCATION MAP N W E s s /a/zaia AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 761h Street North and Main Street Intersection Widening and Beautification Project THIS AGREEMENT, made and entered into this day of 2015 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, and McClelland Consulting Engineers, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct the 76th Street North and Main Street Intersection Widening and Beautification Project, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through Vision 2025 funds; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION which is attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES in accordance with the schedule set forth in Attachment E, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS CA than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost /execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer - generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C.2 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12, INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval by CITY. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -3 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CPI'Y. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: MCCLELLAND CONSULTING ENGINEERS, INC. 501 E. Alliance Boulevard Sand Springs, OK 74063 Attention: David R. Cross, P.E., Branch Manager To CPPY: CITY OF OWASSO 301 W 2nd Avenue Owasso, Oklahoma 74055 Attention: Roger Stevens, Public Works Director 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-0 sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, and E and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and montly thereafter and will be available for public meetings and City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated David R. Cross as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C -5 APPROVED: City Clerk APPROVED AS TO FORM: City Attorney ENGINEER By: Max B. Hicks, CEO Date: June 1161, 2015 CITY OF OWASSO, OKLAHOMA Mayor Date AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C 6 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 761h Street North and Main Street Intersection Widening and Beautification Project Scope of Project Attachment A SCOPE OF PROTECT. The PROJECT shall consist of the design and preparation of construction documents for intersection widening and beautification project for 76th Street North (aka 2nd Ave) & Main Street in Owasso, Oklahoma. The PROJECT will include two through lanes in each direction and the addition of left turn lanes on 76th Street North by widening to the south, and may include the addition of right turn lanes for Main Sheet if funds allow. The PROJECT will include relocating 2 -3 water lines, coordinating private utility relocations, reconstructing the storm sewer at the intersection, extending the traffic signal lights /poles, and upgrading signal controller and equipment. Also included will be curb and guttering, sidewalk improvements, street lighting, landscaping and installing decorative pavement to match the main street concept north of 76n, Street North. The approximate extents of PROJECT will be the railroad tracks to the west, Birch Street to the east, the mid -block alley to the north and 3rd Avenue to the south. The construction documents will be prepared utilizing the CITY of Owasso and Oklahoma Department of Transportation standard drawings, details, and specifications. The PROJECT will be funded by the CITY of Owasso. The CITY of Owasso will advertise, bid, and administer the PROJECT'S construction. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-7 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 761h Street North and Main Street Intersection Widening and Beautification Project Scope of Services Attachment B The services to be performed by the ENGINEER under this AGREEMENT will consist of providing civil engineering services for the SCOPE OF PROTECT presented in Attachment A, as directed by the City by a notice to proceed or in a work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder for each assignment are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, the following tasks: B.La) CONCEPTUAL DESIGN REPORT (30 %) B.1.a) 1. Attend Initiation meeting with City staff. 13.1.a) 2. Perform a topographic design and utility survey of 76th Street North & Main Street intersection within the following limits: 300' North - 500' East - 450' South - 600' West of the intersection, 75' wide or to building face. The survey will include: • Identify property lines and ownerships • Topographic & Utility locations within the area stated above • Contours of 1.0 -foot interval unless otherwise specified • Finish Floor elevations of buildings at enhances • Provide drawings in .dwg format for AutoCAD B.La) 3. Collect 24 -hour traffic count data and peak hour turning movement on all four legs of the intersection. Utilizing collected traffic data complete a traffic study of the intersection to current "no- build" conditions and future 10 -year scenario without improvements and with improvements. The primary traffic study improvement scenario will be the addition of EB and WB left turn lanes. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS G8 Attachment B (con't) Secondary improvement scenario will be the need for the addition of right turn lanes for NB and SB traffic. B.1.a) 4. Conduct geotechnical investigation and submit a geotecluuical report including pavement design. B.1.a) 5. Prepare conceptual drainage design of the intersection. B.l.a) 6. Design of of conceptual landscape design and layout. B.l.a) 7. Prepare conceptual design drawings, opinions of probable construction costs, and Conceptual Design Report. B.1.b) PRELIMINARY DESIGN PHASE (60 %) B.l.b) 1. Finalize Conceptual Design Report by addressing City's comments. B.l.b) 2. Prepare Preliminary Design (60 %) of the proposed roadway, drainage, City waterline, landscape, and traffic signal improvements. B.1.b) 3. Coordinate preparation of right -of -way and easement legal descriptions / exhibits and staking of right -of -way and easement corners in field. Includes up to 4 property reports. B.1.b) 4. Prepare construction drawings for the proposed improvements including plans, profiles, cross - sections, and details in AutoCAD format. 13.1.b) 5. Prepare construction cost estimates from conceptual opinions of probable construction costs. B.Lb) 6. Prepare and deliver 60% Preliminary Design Submittal to City for review and comment in 11 -inch by 17 -inch hardcopy format. B.l.c) FINAL CONSTRUCTION DOCUMENTS (90/100 %) B.1.c) 1. Prepare Final Design (90 %) and construction documents for the proposed roadway, drainage, City waterline, landscape, and traffic signal improvements. B.l.c) 2. Prepare special provisions to modify CITY, and /or ODOT standard construction specifications if required. B.l.c) 3. Update construction cost estimates to reflect final construction documents. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS 9 Attachment B (con't) B.1.c) 4. Finalize Construction Documents based upon City 90% review comments. Submit final documents to City for approval. Coordinate with City to obtain their approval of Project as required. B.Ld) LIMITED BIDDING ASSISTANCE SERVICES B.1.d) 1. Answer Contractor questions forwarded during bidding period and attend Pre -Bid Conference. Prepare Bid Tabs and Letter of Award Recommendation. B.1.e) LIMITED CONSTRUCTION PHASE SERVICES B.1.e) 1. Attend Pre -Work Conference, answer RFIs, prepare change order items, review and approve contractor submittals and visit site when requested by City of Owasso. Attend substantial completion meeting and prepare Record Drawings. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS CG10 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 7611 Street North and Main Street Intersection Widening and Beautification Project Responsibilities of the City Attachment C RESPONSIBILITIES OF THE CITY. The CITY agrees: C1 Reports, Records, etc: To furnish, as required by the work, and not at the expense of the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT C.1.2 Standard construction drawings and standard specifications C.13 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access: Provide access to public and private property when required in performance of ENGINEER's services. C_3 Staff Assistance: Designate the City Engineer (or another individual designated in writing) to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including excavations to determine depth. C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. C_4 Review: Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C-11 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 761" Street North and Main Street Intersection Widening and Beautification Project Compensation Attachment D COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon percent complete at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation: For the work under this project the total maximum billing including direct costs and subconsultant services shall be Seventy Eight Thousand Dollars ($78,000.00) which amount shall not be exceeded without further written authorization by CITY. D.2 The method for determining compensation will be lump sum as negotiated and defined below: D.2.1 "Lump Sum' will be the total compensation paid to the Consultant for services rendered. The Lump sum will include all cost to the Consultant including labor, overhead, material, travel, Sub - Consultant administrative fees on professional services sub - contracted to others, and other direct costs in the conduct of the work. DA Additional Services: Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in Attachment D. D.5 Terminated Services: If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination. D.6 Conditions of Payment D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS 12 AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY OF OWASSO, OK 761" Street North and Main Street Intersection Widening and Beautification Project Schedule Attachment E E. SCHEDULE. The schedule for general engineering services for the PROJECT is provided as follows: E.1. Notice to Proceed: June 22nd, 2015 E.2. Substantial Completion: January 20th, 2016 Attachment E (cori t) AGREEMENT FOR ENGINEERING SERVICES WITH EXHIBITS C- 13 A T m M M ti 0 A 2 00 m in 5 m m x A 7611 Street AoiihrT-fain Strcet Intcrswtion W'idenina and Beautitiention Project City of Owe$so Proposed Schedule ID 0 - Task Name Duration 1 Stan Jun '15 Ju115 _ ';Aug '15 - +Sep-15 Oct 115 'Nov'15 Dec'15 Jan '16 i Protect Durallon 213 days Mon 6/22M5 2 Conceptual Plan & Design Report 89 days Mon 6!27115 3 Topographical & Property Surveying 30 days Mon 6/22/15 4 Georechnical laves tigalions(if needed) 30 days Mon 6/22/15 0 _- 5 Traffic Data Collection & Study 45 days Mon 6/22/15 6 Conceptual Design & Report 30 days Thu 816/15 7 Conceptual Plan (30 %) & Design Report 0days Fri 9/4/15 8 City Review 14 days Sat 96/15 9 ! Preliminary Design 59 days Sat 9M9115; .. .., t0 .. PrdirrBnary Design 45 days Set 9!19115. 11 -' Preliminary Design (60 %)Submittal Ddays Mon 11?15 -12 City Review 14 days Tue 11!3/15 !; 19_.L•! Final Design 65 days Tue 11/17/15 14 Final Design 30 days Toe 11/17/15 i 15 i Final Design Suarnital (90 %) 0 days Wed 12/16/15 �16 -- City Final Review 14 days Thu 12/17/15' 17 Final Comment Revisions - 7 days Thu 12!37/15 18 Pre- R4ytar Design Submifal Odays Wed 116/76 _ -19 j City Premylar Review 7 days Thu 1/7116 - -20 1 Premylar Comment Revisions 7days Thu 1 /14MG - 21 - Submit Mylars(100 %) 0days Wed 1120/16 Task 0 Milestone ♦ External Tasks �. Split Summary External Milestore j> Progress ® Protect Summary Deadline V Page 1 A. a ®i �: nrity Wit out limits. MEMORANDUM TO: The Honorable Mayor and City Council City of Owasso FROM: Tim Doyle General Services Superintendent SUBJECT: Recommendation for Contract Award - Pavement Striping Project DATE: June 12, 2015 BACKGROUND: Included in the FY 2014 -2015 Streets Division Budget is $ 86,285 for a pavement striping project. Staff prepared the contact document, specifications and plans that included a base project for striping on 76th Street North, 86th Street North, 1061h Street North, East Owasso Expressway, and miscellaneous locations. (See Attachment A - 2014 -2015 Pavement Striping Project Map for specific locations.) One alternate project was developed to provide flexibility for the selection of additional striping as funding allows. SOLICITATION OF BIDS: In accordance with state statutes, a notice to bidders was published in the Tulsa World on Friday, May 22, 2015 and Friday, May 29, 2015 to solicit bids for the Pavement Striping Project. In addition, four vendors and two plan houses were also notified of the bid opportunity. The bid opening occurred on June 12, 2015 with two contractors submitting bids. A summary of the bids is included. (See Attachment B - Bid Tabulation.) City staff completed their bid evaluation, and determined the Road Safe Traffic Systems, Inc. bid met the bid requirements. Road Safe Traffic Systems, Inc. was awarded the FY 2013 -2014 Striping Project and is a competent, qualified, responsible bidder. In addition, staff determined that the base project and alternate project are within the approved budget. FUNDING: Funding is included in the FY 2014 -2015 Street Division Budget. It is also important to note, there may be a recommendation to City Council to carry-over this project funding in July 2015 should the project not be completed by fiscal year end. RECOMMENDATION: Staff recommends City Council award of the 2014 -2015 Pavement Striping Project, including the base project and alternate project to Road Safe Traffic Systems, Inc., Tulsa, Oklahoma in the amount of $82,248.54 ATTACHMENTS: A. 2014 -2015 Pavement Striping Project Map B. Bid Tabulation C. Road Safe Traffic Systems, Inc. - Bid Document 7/ j 7/0 �j� /�f V /�J I /I,1I / G /i %'�,W 1071 %�i��✓ ���.:�,������OI� Ogg :!I�iimiG/�o% Ole 0 G /iG g IV l �,V /i / /� %� EPP 'W"'W om% /fit IS // ■� w %�, ; s%Y NA 01 1 P1,10 . 6 % �% � L, L ROMP r NO ����L���G��� !% W/ n %GI l�i Mr %a i� IW�lll ' MOWN. • � • ., off ATTACHMENT B CITY OF OWASSO PUBLIC WORKS - STREETS DIVISION 2014 -2015 PAVEMENT STRIPING PROJECT Vendor Base Bid lAlternate#1 ITOTAL Advanced Workzone Services: $84,333.15 $21,591.001- $105,924.15 Road Safe Traffic Systems, Inc.: $71,602.94 $10,645.60 $82,248.54 Bid Opening: June 12, 201510:00 a.m. ATTACHMENT C has not sought by collusion to obtain for himself /herself any advantage over any other Bidder or over OWNER. 5. BIDDER will complete the work in accordance with the Contact Documents for the following prices: BID SCHEDULE AND FORM FY 2014 -2015 PAVEMENT STRIPING PROJECT CITY OF OWASSO, OKLAHOMA BASE BID: Item Description Unit Quantity Unit Cost Total Cost 1 4" White Stripe LF S 2 4" Yellow Stripe LF ��� 3 12" Yellow Stripe LF 4 24" White Stop Bar LF 118,m � SO 5 8" White Crosswalk Stripe LF 6 White Arrow Symbol - Turn or Straight EA 7 White Text "ONLY" EA ] 00 8 White Arrow Symbol — Combination EA s IS-6.06 06 9 12" White Stripe LF 188 Q( d Ito 10 2' x 8' Crosswalk Block Removal EA 154 1- Se b� o 11 4" Stripe Removal LF 1 I D �� b 12 Symbol Removal — Arrow EA 1 AS. 00 gyp( eD0 13 Text Removal — "ONLY" EA 1 14 Project Allowance (10% of base bid)* LS 1 TOTAL BASE BID: "` Use of Project Allowance is at the sole discretion of the City of Owasso. 0510 00200 -Page 3 of 7 ALTERNATE BIDS: ALTERNATE #1: N 129 H E Ave (E 66"' ST N TO E 76M ST N) Item Description Unit Quantity Unit Cost Total Cost 1 4" White Stripe LF 10,556 _ a 33 S.d 6 6. Zi 2 4" Yellow Stripe LF 10,377 3 12" Yellow Stripe LF 63 7a 4 24" White Stop Bar LF 58 M5-. urn Arrow EA 2 ext "ONLY ", EA 1 SD • 60 TOTAL ALTERNATE 91: 1 JQ0 %4Is. E LL - -BIDS- BASE BID: ALTERNATE 41: � �) "I � • b� Note: OWNER reserves the right to award all or part of the project, based on available funds. 6. BIDDER aelmowledges that estimated quantities used in preparation of the unit Price Bid are not guaranteed and are solely for the purpose of comparison of Bids. Final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. 0510 00200 - Page 4 of 7 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones Finance Director SUBJECT: Supplemental Appropriations Fiscal Year End DATE: June 12, 2015 BACKGROUND: The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance with the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a department or to transfer appropriations between departments within the same fund. An increase in total appropriations in a fund requires City Council approval. The trust authorities (OPWA and OPGA) are required to prepare an annual budget and submit a copy to the City as beneficiary of the trust. However, there are no further requirements such as a legal restriction on spending. Staff is requesting City Council consideration of a budget amendment in the General Fund. General Fund Sales Tax Revenue and Transfer Under the pledged revenue requirements of the OPWA bond indentures, the City transfers all of its sales tax collections to the OPWA Sales Tax Fund. The OPWA then transfers two cents of the sales tax, less payback agreements, back to the General Fund and transfers one cent of the sales tax, less debt service and the CIP payback, to the Capital Improvements Fund. The sales tax collections for the year total $22,730,000 which is more than the budgeted revenue. Due to the excess sales tax revenue in the General Fund, the sales tax transfers to and from the OPWA Sales Tax Fund will exceed budget. Budget amendments in the amount of $530,000 are requested to allow for the transfer of those unexpected revenues and to ensure compliance with the voter - approved sales tax ordinance. RECOMMENDATION Staff recommends City Council approval of a budget amendment in the General Fund increasing the estimated revenue and the appropriation for expenditures by $530,000. The City wit lout Limits. TO: The Honorable Mayor and City Council FROM: Linda Jones Finance Director SUBJECT: Resolution 2015 -12 FY 2015 -2016 Annual Operating Budget DATE: June 12, 2015 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, OPWA Fund, OPGA Fund and other funds has been developed and was transmitted for City Council review on May 12, 2015. The proposed budget was discussed during the May and June Council work sessions. Printed copies of the proposed budget have been available for public viewing at City Hall, the Owasso Library, and on the City's website. On May 28, 2015, legal notice of a public hearing was published in the Owasso Reporter, and such hearing was conducted on June 2, 2015. The public hearing provided opportunity for citizen comment and questions relating to the proposed budget. Resolution 2015 -12 provides for the adoption of a fiscal year budget for the City of Owasso, Oklahoma. RECOMMENDATION: Staff recommends approval of Resolution 2015 -12 adopting a Fiscal Year 2015 -2016 budget for the General Fund and Other Funds as established by the Owasso City Council, ATTACHMENT: Resolution 2015 -12 CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -12 A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL BUDGET FOR FISCAL YEAR 2015 -16 FOR THE GENERAL FUND AND OTHER FUNDS AS ESTABLISHED BY THE OWASSO CITY COUNCIL; ESTABLISHING LEVELS OF EXPENDITURES BY DEPARTMENT AND ESTABLISHING BUDGET AMENDMENT AUTHORITY AS PROVIDED BY STATUTE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of Owasso has adopted the provisions of the Oklahoma Municipal Budget Act (the Act); and WHEREAS, The City Manager has prepared a budget for the fiscal year ending June 30, 2016 (FY 2015 -2016) consistent with the Act: and WHEREAS, The Act provides for the City manager, or designee, to transfer any unexpended and unencumbered appropriation from one department to another within the same fund; and WHEREAS, The budget has been formally presented to the Owasso City Council at least 30 days prior to the start of the fiscal year in compliance with the Act; and WHEREAS, The Owasso City Council published notice of a Public Hearing, and conducted the Public Hearing on June 2 2015, in compliance with the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: The City Council of the City of Owasso does hereby adopt the FY 2015- 2016 Budget with total resources available in the amount of $68,934,791 and total fund /departmental appropriations in the amount of $68,934,791; legal appropriation are hereby established as shown on "Attachment A" for each fund and department; and THAT: The encumbrances and unexpended appropriation balances for capital projects in the Capital Improvements Fund, the Ambulance Capital Fund, the Public Safety Capital Fund, the Park Development Fund and the Capital Improvement Grants Fund for Fiscal Year 2014- 2015 be and the some are hereby reappropriated to the some funds, accounts and for the same purposes for Fiscal Year 2015 -2016 unless the project or purpose is designated or declared closed or completed; and THAT: The Sinking Fund Schedules for June 30, 2015 and Sinking Fund Estimate of Needs for Fiscal Year Ending June 30, 2016 are hereby approved to be Filed with the County Excise Board; and THAT: The effective date of this Resolution shall be July 1, 2015. PASSED, ADOPTED AND APPROVED this 16th day of June, 2015, by the City Council of the City of Owasso, Oklahoma. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney City Resolution 2015 -12 Attachment A Budget Summary - fiscal Year 2015 -2016 Appropriation by Fund & Department General Fund Municipal Court $257,484 General Fund Managerial 812,874 General Fund Finance 683,121 General Fund Human Resources 454,633 General Fund General Government 423,500 General Fund Information Technology 888,541 General Fund Support Services 449,561 General Fund Community Development 724,220 General Fund Police Services 5,291,345 Half -Penny Sales Tax Fund Police Services 1,370,833 General Fund Police Communications 888,763 General Fund Animal Control 215,953 General Fund Fire Services 4,354,313 Half -Penny Sales Tax Fund Fire Services 1,370,833 General Fund Emergency Preparedness 81,306 General Fund Engineering 667,406 General Fund Streets 929,515 Half -Penny Sales Tax Fund Streets 1,174,823 General Fund Stormwater 565,403 General Fund Cemetery 74,462 General Fund Parks 500,714 General Fund Culture & Recreation 238,543 General Fund Community Center 235,753 General Fund Historical Museum 30,270 General Fund Economic Development 131,194 General Fund Interfund Transfers Out 23,850,000 Ambulance Service Fund Ambulance Operations 1,349,300 Ambulance Capital Fund Ambulance Operations 223,600 Public Safety Capital Fund Police Services - Public Safety Capital Fund Fire Services 226,770 E -911 Fund Police Communications 231,302 Cemetery Care Fund Cemetery 4,600 Emergency Siren Fund Emergency Preparedness 24,000 Juvenile Court Fund Juvenile Court 28,000 Hotel Tax Fund Economic Development 58,850 Hotel Tax Fund Strong Neighborhoods 156,280 Stormwater Management Fund Stormwater 708,695 Stormwater Management Fund Interfund Transfers Out 265,735 Capital Improvements Fund Capital Projects 5,792,358 Park Development Fund Capital Projects - Capital Improvement Grants Fund Capital Projects 6,989,666 City Garage Fund Vehicle Maintenance 511,167 Self- Insurance Fund General Government 5,570,000 Sinking Fund General Government 129,105 Total Appropriations $68,934,791 The City Wit out Limits. TO: The Honorable Mayor and City.Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Ordinance 1055 - Amending Code of Ordinances Section 7 -104, Competitive Bidding DATE: June 12, 2015 BACKGROUND The Owasso Code of Ordinances authorizes, restricts and defines requirements for bidding and purchasing as provided for by the city charter. On March 3, 2015, Owasso citizens voted to approve several Charter amendments. Among the changes was the removal of language that required competitive bidding for a contract for public improvements of more than $2,000 and replaced it with language that requires compliance with the Oklahoma Public Competitive Bidding Act of 1974 which requires sealed bids on public improvements projects of more than $50,000. The expectation was to repeal the section of code specific to public improvements between $2,000 and $25,000 if the Charter change was approved by voters. BIDDING REQUIREMENTS: The Owasso Code of Ordinances, Section 7 -104 defines the process for competitive bidding. Section 7 -105 defines when competitive bidding is not required. (See attachment.) Currently, a verbal quote bid process is defined for public improvement contracts between $2,000 and $25,000. For all other types of purchases of more than $25,000, the code defines a sealed bid process. If the Code was amended to remove language requiring bids for public improvements between $2,000 and $25,000, those contracts would be authorized through the normal purchasing processes. As is currently required, public improvement contracts between $25,000 and $50,000 would be bid as defined in Section 7 -104 (F) of the Code. Public improvement contracts for more than $50,000 would be bid as defined in the Oklahoma Public Competitive Bidding Act. RECOMMENDATION Staff recommends approval of Ordinance 1055, amending Part 7, Chapter 1, Section 7 -104, by repealing subsection (E) which established a bid process for contracts for public improvements between $2,000 and $25,000. ATTACHMENT: Ordinance 1055 CITY OF OWASSO, OKLAHOMA ORDINANCE 1055 AN ORDINANCE RELATING TO PART SEVEN, FINANCE AND TAXATION, CHAPTER ONE, FINANCE AND BUDGET ADMINISTRATION, SECTION 7 -104, COMPETITIVE BIDDING, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY REPEALING SUBSECTION (E) ESTABLISHING BID PROCESS FOR PUBLIC IMPROVEMENTS BETWEEN $2,000 AND $25,000. THIS ORDINANCE AMENDS PART 7, CHAPTER 1, SECTION 7 -104, OF THE CITY OF OWASSO CODE OF ORDINANCES BY REPEALING SECTION 7- 104(E). BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Seven, Finance and Taxation , Chapter 1, Finance and Budget Administration, Section 7 -104, Competitive Bidding, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by repealing subsection (E) and codifying the remainder of section 7 -104 as follows: SECTION TWO (2): SECTION 7 -104 COMPETITIVE BIDDING A. The City shall adhere to the provisions of Oklahoma Statues (1991), Title 61, Sections 101 et seq. when determining when competitive bidding is required and the manner in which competitive bids are obtained. B. If the City Charter provides for additional competitive bidding requirements, such additional requirements shall be met. C. In addition to the requirements of (A) above, public trusts created pursuant to O.S. Title 60, Section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions of Section 176(g) of Title 60. D. The City is authorized to employ, implement and utilize auction electronic bidding in accordance with the provisions of 11 O.S. § 17 -115. The Administration of the City is hereby authorized to promulgate policies and procedures for implementation of the auction electronic bidding as authorized by state law to the fullest extent thereof. + fn � arr r,o 2.,r m F4qnre, 1@1_11169q ;h $25,990, L �L. II n-rJz shall Rot be 1 4o obtGIR Y�r4fen bids F t u bliG im o n;,- i ; b(Z-tY.'eerl P $25 re QQQ r i hl' h thePA AP'.'APGPeF iIntien F. Before any purchase, or contract for, supplies, materials, equipment or contractual services are made, as otherwise provided below, including lease contracts with options to purchase, the City purchasing authority shall give written notice for sealed bids to at least three (3) persons, firms or corporations dealing in and able to supply the same, a request for quotation, or invitation to bid, and specifications, to give the opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the city. He shall favor a person, firm or corporation in the city when this can be done without additional cost to the City; but he shall submit requests for quotation to those outside the city when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a saving for the city and shall purchase from them when he can make a saving for the city. All bids shall be sealed and shall be opened in public at a designated time and place. He may repeatedly reject all bids, and again may submit to the same or other persons, firms or corporations the request for quotation, or incitation to bid, or again publish notice of the proposed purchase. He may purchase only from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery and so on, and in case of a tie, may purchase from on of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the City. (Ord No. 819, 07/50/2005; Ord. No. 842 02/21/2006) SECTION THREE (3): Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SIX (6): Codification The City of Owasso Code of Ordinances is hereby amended by repealing Section 7- 104(E) with the remaining provisions in 7 -104 renumbered as appropriate. PASSED by the City Council of the City of Owasso, Oklahoma on the 151h day of June, 2015. ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form: Julie Lombardi, City Attorney Jeri Moberly, Mayor O—T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Amendment to Ordinances Governing Door -to -Door Solicitors and Resolution Establishing Fee Schedule DATE: June 12, 2015 BACKGROUND: The chapter within the Owasso Code of Ordinances governing door -to -door solicitors was previously amended in June, 2011 at which time additional requirements to obtain a solicitor's license were imposed. Despite the enhanced requirements, commercial door -to -door solicitors in Owasso continue to present numerous challenges and concerns for citizens and law enforcement. Staff has proposed supplemental amendments to the ordinances governing solicitor licenses in an effort to address these issues. The primary amendment to this section creates a "No Knock" list containing residential addresses whose occupants do not wish to receive commercial solicitations of any kind. Citizens will be able to place their addresses on the list through a variety of methods. The list would be provided to solicitors when they receive their license, and they would be prohibited from soliciting at all addresses on the "No Knock" list. Failure to comply could result in revocation of the solicitor license. It is important to recognize that a "No Knock" list provision would not be applicable to non - profit vendors (such as school groups, Girls Scouts, etc...) or to persons seeking to disseminate political or religious information. Only commercial door -to -door vendors would be affected by this amendment. In addition to the "No Knock" list, the proposed amendments would additionally exempt non- profit youth organizations from the requirement to obtain a solicitor license. Instead, notice shall be given to the City Clerk's office that a non - profit youth group is engaging in door -to -door solicitation. This will facilitate awareness by law enforcement of what groups are engaged in door -to -door sales and allow City staff to answer inquiries from citizens. A proposed resolution establishing a fee schedule for solicitor licenses has also been attached for Council review and consideration. Previously, fees for daily, weekly and six -month solicitor licenses were listed in the ordinance. Staff recommends removing the fee schedule from the ordinance and establishing fees by resolution instead. This allows greater flexibility for changes within the fee schedule, if necessitated, given that resolutions are not subject to the costly publication requirements statutorily mandated by amendment of an ordinance. The proposed fee categories in the resolution have been changed to weekly and monthly solicitor licenses along with a nominal fee for duplicate licenses. The proposed weekly and monthly fees are inclusive of all administrative and background check costs. PROPOSED ACTION: Approval of Ordinance 1054 amending the ordinances governing solicitor licenses and additional approval of Resolution 2015 -11 establishing a fee schedule for weekly, monthly and duplicate licenses. RECOMMENDATION: Staff recommends approval of Ordinance 1054 and Resolution 2015 -11. ATTACHMENTS: Ordinance 1054 Resolution 2015-11 CITY OF OWASSO, OKLAHOMA ORDINANCE 1054 AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, SOLICITORS, SECTIONS 9 -101 THROUGH 9 -114, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 9, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING THE SECTIONS NAMED ABOVE AND TO BE CODIFIED AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE: Part Nine, Licensing and Business Regulations, Chapter One, Solicitors, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: CHAPTER ONE SHALL BE AMENDED IN ITS ENTIRETY AS FOLLOWS. CHAPTER 1 SOLICITORS Section 9 -101 Definitions Section 9 -102 Issuance Section 9 -103 License Required Section 9 -104 Application Required Section 9 -105 Display of License Section 9 -106 No Knock List Section 9 -107 Prohibited Acts Section 9 -108 License Record Section 9 -109 License Period and Fee Schedule Section 9-110 Transfer of License Prohibited Section 9-111 Replacement of Lost License Section 9-112 Grounds for Denial or Revocation of License Section 9-113 Process of Revocation or Denial of License and Appeal Section 9 -114 Penalty SECTION 9 -101 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Solicit: Includes any one or more of the following a. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose; c. Peddling as defined in this section. 3. Solicitor: Any person who solicits. 4. Peddle: To travel from house to house, door to door, street to street, or place to place, carrying, conveying, or transporting goods, wares, or merchandise for the purpose of offering and exposing the same for sale. 5. Peddler: Any person who peddles. State Law Reference: Municipal powers to levy occupational license taxes, 1 1 O.S. Sections 22- 106, 22 -107. SECTION 9 -102 ISSUANCE The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. 2. No license for soliciting shall be issued until a satisfactory application has been submitted and approved, the required license fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied. SECTION 9 -103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required, other than non - profit youth organizations, in this section, including soliciting, without first paying to the City Clerk the required fee and procuring a license as required by this section from the City Clerk. Notice shall be given to the City Clerk's office by non - profit youth organizations prior to engaging in door -to -door solicitation. SECTION 9 -104 APPLICATION REQUIRED Applicants for a Solicitor's license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information; 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; 3. Detailed personal information and physical description of solicitor(s); 4. Social security number, current, valid driver's license or state issued identification card of solicitor; 5. Vehicle information relating to vehicles used in the solicitation, to include make, model, year, tag number and a copy of vehicle's current insurance verification; 6. A statement as to whether or not the applicant has been convicted of a felony or misdemeanor involving moral turpitude within the past five (5) years; 7. Valid and current State of Oklahoma sales tax permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code. SECTION 9 -105 DISPLAY OF LICENSE All persons issued a license under this section shall at all times display the license prominently on their person, shall carry at least one (1) form of photo identification, and shall produce the license and photo identification for inspection and review at any time upon request by any City official, law enforcement officer or person to whom the solicitor is attempting to solicit or peddle. Section 9 -106 NO KNOCK LIST The City Clerk shall prepare and maintain a list of all residents within the City who desire to prevent soliciting and peddling at their residence which shall be known as the No Knock List. Residents of the City who desire to have their addresses placed on the No Knock List may do so by contacting the City Clerk's office. 2. Solicitors must obtain a copy of the No Knock List from the City Clerk's office at the time they obtain a license, and are expressly prohibited from soliciting or peddling at any residence listed on the No Knock List. Contacting residents in disregard of the No Knock List may result in revocation of a Solicitor's license and /or assessment of a fine. 3. This provision shall not apply to non - profit organizations, groups and associations. SECTION 9 -107 PROHIBITED ACTS The following acts are prohibited and may result in the revocation of any person's license: It shall be unlawful for a Solicitor to ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of soliciting at a residence or dwelling which is listed on the No Knock List or upon which a sign stating "No Solicitors," "No Trespassers," or words of similar import indicating such persons are not wanted on the premises, is painted, affixed or otherwise plainly displayed to public view either on or near the primary entrance of the residence. This paragraph shall not apply to any Solicitor who gains admittance to a residence either by invitation or consent of the residence's occupant. 2. It shall be unlawful for any Solicitor to solicit between the hours of dusk and 9:00 a.m. SECTION 9 -108 LICENSE RECORD The City Clerk shall maintain a record of all Solicitor licenses issued under this section showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9 -109 LICENSE PERIOD AND FEE SCHEDULE 1. The license fee which shall be charged by the City Clerk for a Solicitor license shall include the cost of a background check and shall be established by resolution of the City Council. 2. No license fee shall be charged to a non - profit organization. A non - profit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and /or state income fax by virtue of its non - profit status. A registration form shall be completed and submitted whenever members or representatives of a non - profit will be soliciting or peddling within the City. SECTION 9 -110 TRANSFER OF LICENSE PROHIBITED No Solicitor license may be sold or otherwise transferred. Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. SECTION 9 -111 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. The fee for a duplicate license shall be established by resolution of the City Council. SECTION 9 -112 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE Licenses issued under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: 1. Fraud, misrepresentation, or false statement contained in application for license; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a solicitor, exhibitor, or as a canvasser; 3. Conviction of any felony or misdemeanor involving moral turpitude within the past five (5) years; 4. Conducting the business of soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. This shall include soliciting at residences listed on the No Knock List or those plainly displaying a No Soliciting or No Trespassing sign as provided for herein. SECTION 9 -113 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in violation of any law or regulation of the United States Government, 2. The City Clerk's office shall give notice either in person, by telephone, mail or email to the licensee of the denial or revocation of their license. If mailed, the notice shall be sent to the address listed on the application or license. The license shall stand revoked or denied from the time notice is made to the licensee either in person or by telephone or is received by mail by the licensee. 3. Any licensee may appeal a denial or revocation to the City Manager within ten (10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager or his or her designee. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager or his or her designee may affirm, modify or vacate the order of revocation or denial, and his or her decision shall be final. SECTION 9 -114 PENALTY Any person who engages in soliciting or peddling without a valid license or permit as required, or who violates any provision of this section, is guilty of an offense, and upon conviction shall be fined, including costs as provided in Section 1 -108 of this code. Every day upon which a violation continues shall be deemed a separate offense. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective on August 1, 2015. This date is more than thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 9, Chapter 1. PASSED by the City Council of the City of Owasso, Oklahoma on the day of June, 2015 Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of June, 2015. Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -11 A RESOLUTION ESTABLISHING NEW FEES TO BE ASSESSED BY THE CITY CLERK FOR A SOLICITOR LICENSE. WHEREAS, the City of Owasso requires all persons, other than those soliciting for non - profit youth organizations, to obtain a license from the City Clerk before engaging in door -to -door solicitation; WHEREAS, it is necessary for the City of Owasso to obtain background checks on all individuals making application for a Solicitor's license and incur other administrative costs; WHEREAS, the City Council of the City of Owasso, Oklahoma wishes to establish a fee schedule for Solicitor's licenses; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that the following fee schedule shall become effective on August 1, 2015: Weekly Solicitor License Fifty Dollars ($50.00) plus Ten Dollars ($10.00) per person licensed Monthly Solicitor License One Hundred Dollars ($100.00) plus Ten Dollars ($10.00) per person licensed Duplicate License Five Dollars ($5.00) per license APPROVED AND ADOPTED this _ day of June, 2015 by the City Council of the City of Owasso, Oklahoma, Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney TO: The Honorable Mayor and City Council City of Owasso FROM: Julie T. Lombardi City Attorney SUBJECT: Approval of Settlement and Authorization of Payment in the litigation styled as Bryan Spradlin v City of Owasso, of al., 12 -CV- 497- JED -FHM DATE: June 12, 2015 BACKGROUND: This is a civil rights action in which the Plaintiff claims he was injured by the use of excessive force during his arrest on or about June 30, 2011. Subsequent to Mr. Spradlin's arrest, the City of Owasso terminated the employment of Lt. Mike Denton. An arbitration hearing was held thereafter, and the arbiter reduced the termination to a written reprimand. The City of Owasso filed an application with the District Court requesting review of the arbitration ruling. District Court Judge Dana Kuehn ultimately ruled that the arbiter's ruling was procedurally flawed and would not be enforced. Denton appealed this decision to the Oklahoma Supreme Court. The Oklahoma Court of Civil appeals issued an order on April 13, 2014, overturning Judge Kuehn's decision and reinstating the arbitration ruling. Settlement conference was conducted in this case on May 7, 2015, by Federal Magistrate Judge Lane Wilson. The parties did not reach a mutually agreeable settlement on that date, but agreed to leave the City's final offer "open" so that the parties could engage in further negotiation if they so desired. On May 29th, attorneys for all parties, as well as Magistrate Judge Wilson, reconvened for an impromptu continuation of settlement negotiations and ultimately agreed to settle this matter for $75,000. The City Council previously conferred by resolution full, final and complete settlement authority in this case upon the City Manager, Warren Lehr, for purposes of the settlement conference. However, it is appropriate for the Council to review and approve the settlement negotiated by the parties and authorize immediate payment of the settlement to the Plaintiff, his attorneys, and the Oklahoma Department of Human Services, pursuant to a lien filed and held by that agency against Mr. Spradlin. RECOMMENDATION: Staff recommends City Council approval of the proposed settlement in the amount of $75,000, authorization of payment to Bryan Spradlin and ancillary parties in full settlement of this matter, and authorization of the City Manager to execute all documents necessary for settlement of this case. The City Wit ouf Limifs. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resource Director SUBJECT: City Attorney Employment Contract DATE: June 12, 2015 BACKGROUND: Currently the City Attorney operates in the dual role of reporting to and advising the City Council and working as an employee of the City. The proposed contract would shift the responsibility for hiring, evaluating and terminating the City Attorney position to the City Council from the City Manager. COMMENTS: The proposed contract between the City and Julie Lombardi, City Attorney, runs from July 1, 2015 through June 30, 2016. Included in the proposal is a base compensation of $110,000, with the same benefits and accrued leave as other city employees. Also provided for, are professional dues and memberships, and six months' severance pay, plus one additional month per fiscal year of completed employment, not to exceed a combined twelve months. RECOMMENDATION: Presented for your consideration is a contract between the City and City Attorney, Julie Lombardi. Outside attorney Keith Wilkes has reviewed the proposed contract, ATTACHMENT: Contract between City of Owasso and City Attorney, Julie Lombardi. EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ( "Agreement") is hereby made and entered into this day of June, 2015, by and between the City of Owasso, Oklahoma, a municipal corporation, acting by and through its duly elected City Council ( "Owasso "), and Julie Lombardi ( "Lombardi ") (collectively "Parties "). WHEREAS, Owasso desires to employ the services of Julie Lombardi as City Attorney of and for Owasso, and the City Council desires, on behalf of Owasso, to provide certain benefits, establish certain conditions of employment, and to set working conditions for Lombardi; WHEREAS, Owasso wishes to secure and retain the professional services of Lombardi and to provide an inducement for Lombardi to remain in such employment; WHEREAS, it is the desire of Owasso to make possible full work productivity and the exercise of professional judgment by assuring Lombardi's morale and peace of mind with respect to future security; and, WHEREAS, Lombardi desires to accept employment as City Attorney of the City of Owasso, Oklahoma, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: DUTIES. Owasso under the terms and conditions hereof, hereby employs Lombardi, and Lombardi hereby accepts employment as City Attorney of Owasso, to perform the functions and duties specified in the Charter and Ordinances of Owasso, and to perform other proper legal tasks, duties and functions as Owasso, by and through its City Council, shall assign from time to time. 2. TERM. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of the Lombardi at any time as provided in Section 2 -104 of the Code of Ordinances of Owasso, Oklahoma, as well as Section Six (6) of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Lombardi to voluntarily terminate her employment with Owasso at any time, subject only to the provisions contains in Section Six (6) of this Agreement. C. The Term of this Agreement shall be from July 1, 2015, until June 30, 2016. 3. COMPENSATION. A. Base Salary. Owasso agrees to pay Lombardi an annualized base salary of One Hundred, Ten Thousand Dollars ($110,000). B. Benefits. Owasso shall provide Lombardi with the same benefits of employment provided to general employees of Owasso, unless specifically modified herein, subject to the requirements of any such benefit plan or policy. Such benefits include, but are not limited to, group health, dental, and life insurance benefits, and OMRF retirement programs. C. Dues. Owasso shall budget for and pay professional dues, continued legal education expenses and costs, and subscriptions necessary for Lombardi to maintain and continue full admission and participation in national, regional, state and local associations, including, but not limited to, the Oklahoma Bar Association, the Tulsa County Bar Association, the Oklahoma Association of Municipal Attorneys, and any other such professional organization necessary and desirable for Lombardi's continued professional licensing and admissions, participation, growth, and advancement for the good of Owasso. D. Paid Leave. Owasso agrees to provide Lombardi all forms of paid leave extended to other general employees of Owasso, including but not limited to paid holidays, vacation and sick leave. Accrued vacation leave shall be paid to the Lombardi upon termination of employment, whether voluntary or involuntary, as provided for under Oklahoma law. 4. TERMINATION. A. By Owasso. Owasso may terminate the employment of Lombardi, with or without cause, by providing Lombardi with a minimum twenty (20) day written notice of said action hand delivery, certified or registered mail, return receipt requested. In the event of involuntary termination by Owasso while Lombardi is ready, willing and able to perform the duties of City Attorney, Owasso shall pay Lombardi six (6) months of severance pay in equal monthly installments, plus one additional month per fiscal year of completed employment by Lombardi with Owasso, not to exceed a combined twelve (12) months. The monthly severance payment will be an amount equal to Lombardi's regular salary and benefits at the time of the terminations, less any applicable and required payroll withholdings. i. In the event of Lombardi's death at any time during the severance period, the balance of the severance payments shall be paid to Lombardi's designated beneficiary. In the event of Lombardi's death during her regular employment, severance pay shall not be due or owing. ii. The Parties expressly agree no severance payment shall be paid if Lombardi is terminated "for cause" during the term of this Agreement. "For cause" includes, but is not limited to, gross neglect of duty, malfeasance, misfeasance or the conviction or plea of guilty for or to any felony or crime of moral turpitude. iii. The Parties acknowledge and agree certain circumstances may arise where, to avoid adverse publicity to Owasso, its City Council and /or Lombardi, 4 Lombardi may tender her resignation from employment conditioned upon the receipt of severance pay as described in Section 4(A), above. Should the City Council accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. B. By Employee. Lombardi may voluntarily terminate her employment with Owasso by directing at least sixty (60) days written notice of termination to the Mayor of Owasso, via hand - delivery, certified or registered mail, return receipt requested. In event of the voluntary termination by Lombardi, no severance pay shall be due and owing to Lombardi. Nothing in this Sub - Section shall interfere or conflict with Lombardi's rights or Owasso's obligations under Section 4(A)(iii), above. 5. CONSTRUCTION. Parties acknowledge the terms of this Agreement have been equally bargained and negotiated for, and further agree the legal presumption of construing any ambiguity in the Agreement against the drafter shall not apply. 6. SEVERABILITY. The Parties agree that if any section, sub - section, or part of this Agreement is deemed to be void or voidable by a court of competent jurisdiction, the remaining section, sub - sections and terms and conditions of this Agreement shall survive. 7. VENUE. If a legal dispute arises between the Parties, Owasso and Lombardi agree any and all litigation arising out of such dispute, if any, shall rest only in Tulsa County District Court for the State of Oklahoma. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. ATTEST: Sherry Bishop, City Clerk 3 CITY OF OWASSO Jeri Moberly, Mayor LOMBARDI Julie Lombardi TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resource Director SUBJECT: City Manager Employment Contract DATE: June 12, 2015 BACKGROUND: The City Manager's annual performance review process began in April, including an online evaluation completed by department directors and individual interviews with department directors and City Council, all conducted by an independent third party. An overview of the evaluation was presented to the Council on May 19. COMMENTS: The existing contract with the City Manager expires June 30, 2015. A proposed contract was provided to the City Council for discussion during Executive Sessions on May 19 and June 2. The proposed contract is a two -year contract, set to expire June 30, 2017. Included in the proposal is a compensation increase of $3,766, a 2.85% increase and an increase in severance pay by one month for each year of service with the City up to a combined maximum of twelve months. RECOMMENDATION: Presented for your consideration is a contract between the City and City Manager, Warren Lehr. The City Attorney has reviewed and approved the proposed contract. ATTACHMENT: Contract between City of Owasso and City Manager, Warren Lehr EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2015, by and between the City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City", and Carl "Warren" Lehr, hereinafter called "Manager". WHEREAS, City desires to employ the services of Carl "Warren" Lehr as City Manager of the City of Owasso, Oklahoma, pursuant to Section 3 -1 of the Charter of the City of Owasso, Oklahoma; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Manager; WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an inducement for him to remain in such employment; WHEREAS, it is the desire of the Council to make possible full work productivity and the exercise of professional judgment by assuring the Manager's morale and peace of mind with respect to future security; WHEREAS, THE Manager desires to accept employment as City Manager of the City of Owasso, Oklahoma. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: DUTIES. The Council, under the terms and conditions hereof, hereby employs Carl Warren Lehr as City Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said City, and to perform other legally permissible and proper duties and functions as the Council pursuant to and in accordance with the City Charter shall from time to time assign. Carl Warren Lehr hereby, under the terms and provisions hereof, accepts such employment. 2. TERM. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of the Manager at any time as provided in Section 3-1 (b) of the Charter of the City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well as Section Six (6) of this Agreement. S. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to the provisions contained in Section Six (6) of this agreement. C. The Term of this Agreement shall be from Judy 1, 2015 until June 30, 2017. It is specifically understood that the parties to this Agreement will take such actions as are necessary to comply with the Oklahoma constitutional debt limitations that are applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2016- 2017, or any other succeeding fiscal year, shall be subject to the express approval of the City Council. COMPENSATION. A. Base Salary. The City agrees to pay the Manager for his services an annual base salary of One Hundred Thirty -Five Thousand, Seven Hundred Sixty -Six Dollars ($135,766). B. Benefits, The City agrees to provide the Manager the same benefits of employment provided to general employees of City, unless specifically modified herein. Such benefits include, but are not limited to, group health, dental, and life insurance benefits, and OMRF retirement programs. C. Telephone Allowance. The City shall provide the Manager with a mobile telephone allowance in the sum of twenty -five dollars ($25.00) per month. The Manager shall maintain a personal account for mobile telephone service and shall not open an account in the name of the City. The Manager shall have total responsibility for payment of such personal account and the City shall have no obligation or responsibility related to such personal account other than the monthly payment to the Manager of the mobile telephone allowance stated herein. D. Dues. The City agrees to budget for and to pay for professional dues and subscriptions of the Manager necessary for continuation and full participation in national, regional, state and local associations, including but not limited to the International City/County Management Association, and the City Manager's Association of Oklahoma and other organizations necessary and desirable for the Manager's continued professional participation, growth, and advancement, and for the good of the City. E. Paid Leave. The City agrees to provide the Manager with an additional forty (40) hours of vacation a year, above that provided to the general employees of the City, based on tenure with the City. Vacation shall be accrued on a prorated monthly basis. At no point shall the Manager's vacation balance exceed more than forty (40) hours above the maximum accrual for the general employees, based on tenure with the City. The City agrees to provide the Manager all other forms of paid leave extended to other general employees of the City, including but not limited to paid holidays and sick leave. i. Accrued vacation leave shall be paid to the Manager upon termination of employment, whether voluntary or involuntary. 4. CITY VEHICLE. The City shall provide the Manager with a city vehicle for the Manager's business and incidental personal use. The City shall fully maintain the automobile and cover the vehicle raider the City's Self - Insured Automobile Liability coverage. 5. EXPENSE ALLOWANCE. The City shall provide the Manager with a business expense allowance for budgeted discretionary business expenses related to the City's business that may be incurred by the Manager. 6. TERMINATION. A. By City. City may terminate the employment of Manager, with or without cause, and in accordance with the City Charter, by directing at least twenty (20) day written notice of termination to Manager by hand delivery or by certified or registered mail, return receipt requested. In the event of termination by City while Manager is ready, willing and able to perform the duties of City Manager, City shall pay out over six (6) months, plus one additional month per fiscal year completed in employment with the City, but not to exceed a combined twelve (12) months, the Manager's regular salary and benefits, based on the Manager's salary at the time of termination. If the Manager dies at any time during which the up to twelve (12) months of severance payments are being made, the balance of the payments shall be paid to the Manager's beneficiary. I. If the Manger dies during his regular employment, severance pay shall not be paid. ii. The parties hereto expressly agree no severance payment shall be paid if the Manager is terminated during the term of this Agreement for cause, including, but not limited to, gross neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral turpitude. iii. The parties acknowledge that circumstances may arise where, in order to avoid adverse publicity to the Council and /or Manager, the Manager may tender his resignation from employment conditioned upon the receipt of severance pay. Should the Council act to accept the conditional resignation, then upon submission of a properly executed claim in the amount of such severance pay, the Council shall approve the claim for payment. B. By Employee. Manager may terminate his employment with City by directing at least sixty (60) days written notice of termination to the Mayor of City by hand delivery or by certified or registered mail, return receipt requested. In event of termination by Employee, no severance payment shall be due to Employee. CONSTRUCTION. The parties agree the terns of this Agreement have been equally bargained and negotiated for, and further agree the presumption of construing any ambiguity in the Agreement against the drafter shall not apply. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. ATTEST: Sherry Bishop, City Clerk CITY OF OWASSO Jeri Moberly, Mayor MANAGER Warren Lehr Approved as to the form and legality on the day of June, 2015. Julie Lombardi, City Attorney