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HomeMy WebLinkAbout2015.10.06_City Council AgendaPUBLIC NOTICE OF THE REGULAR MEETING OF THE ECEIVED OWASSO CITY COUNCIL OCT 0 2 2013 Jam" Council Chambers, Old Central Building efk_ =S �e 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, October 6, 2015 - 6:30 pm 1. Call to Order Mayor Jeri Moberly 2. Roll Call 3. Presentation of Proclamation Mayor Moberly The Mayor will present a proclamation declaring October 4 -10, 2015 to be Fire Prevention Week in the City of Owasso. 4. 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 - September 15, 2015 B. Approve claims C. Approve Ordinance 1061, annexing a 10.431 acre tract located in Section 30, Township 21 North, Range 14 East and Section 25, Township 21 North, Range 13 East as described in case OA -15 -05 D. Approve Ordinance 1062, annexing an 11.44 acre tract located in Section 30, Township 21 North, Range 14 East and Section 25, Township 21 North, Range 13 East as described in case OA -15 -06 E. Approve Ordinance 1063, annexing a 29.16 acre tract located in Section 25, Township 21 North, Range 13 East as described in case OA -15 -07 5. Consideration and appropriate action relating to items removed from the Consent Agenda 6. Consideration and appropriate action relating to Resolution 2015 -20, opposing Tulsa County Board of Adjustment Case CBOA -2550, Special Exception to permit mining and quarrying in the AG District, NW of the intersection of E 66th St N & 145th E Ave Bronce Stephenson Staff recommends approval of Resolution 2015 -20. 7. Consideration and appropriate action relating to Resolution 2015 -17, amending the Capital Improvement Plan project list Teresa Willson Staff recommends approval of Resolution 2015 -17, amending the Capital Improvement Project list to include: • Garnett Road Widening (E 106th St N to E l 16th St N) • E 1061h St N and N 145th E Ave Intersection Improvements • E 96th St N and N 145th E Ave Intersection Improvements Owasso City Council Tuesday, October 6, 2015 Page 2 8. Consideration and appropriate action relating to Resolution 2015 -16, authorizing an application to Oklahoma Department of Transportation for Surface Transportation Program funds for the 96th St N /145th E Ave intersection improvements Dwayne Henderson Staff recommends approval of Resolution 2015 -16. 9. Consideration and appropriate action relating to Resolution 2015 -19, authorizing the City Treasurer to invest in a Revenue Anticipation Note (RAN) of the Owasso Public Works Authority in an amount not to exceed $330,000, approving the OPWA indebtedness as represented by the proposed Agreement and RAN, and authorizing the execution of all documents. Sherry Bishop Staff recommends approval of Resolution 2015 -19. 10. Consideration and appropriate action relating to a contract for the City Radio System upgrade Larry White Staff recommends approval of the P25 Upgrade Project contract with Motorola and authorization for the City Manager to execute all contract documents. 11. Consideration and appropriate action relating to Addendum No. 8 to the Master Services Agreement between The Regional 9 -1 -1 Board and the City Larry White Staff recommends approval of Addendum No. 8 and authorization for the Mayor to execute the Addendum. 12. Consideration and appropriate action relating to the renewal of a contract with Youth Services of Tulsa, Inc. for management and operation of the Owasso Youth Court Julie Lombardi Staff recommends approval of the contract with Youth Services of Tulsa, Inc., in the amount of $49,500 for 2015 -2016, and further recommends authorization for the City Manager to execute the contract as well as any additional documentation required. 13. Consideration and appropriate action relating to Resolution 2015 -18, expressing support for the cities united efforts to implement sales tax funding initiatives in their upcoming elections Warren Lehr Staff recommends approval of Resolution 2015 -18. 14. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City Council and the City Attorney, concerning pending litigation styled Patrick Ross v. City of Owasso et al., CJ -2013- 898; as provided in Title O.S. 25, Section 307(B)(4) Julie Lombardi 15. Consideration and appropriate action relating to pending litigation styled, Patrick Ross vs. City of Owasso et al., CJ- 2013 -898 Julie Lombardi Owasso City Council Tuesday, October 6, 2015 Page 3 16. Report from City Manager • Monthly Public Works Project Status Report 17. Report from City Attorney 18. Report from City Councilors 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall bulletin board at 6:00 pm on Friday, October 2, 2015. Sherry Bishol City Clerk The City of Owasso i WHEREAS, the City of Owasso is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire;and WHEREAS, home fires killed more than 2,755 people in.the United States in 2013, and fire departments in the United States responded to more than 369,500 home fires; and WHEREAS, three out of five homes fire deaths result from fires in properties' without workingsmoke alarms; and WHEREAS, when smoke alarms should have operated but did not, it was usually because batteries were missing; disconnected, or dead; and, WHEREAS, Owasso's first responders are dedicated to reducing the occurrence of home fires and home ,fire injuries through prevention and protection education; and WHEREAS, Owasso residents are "responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and,will therefore be more likely to survive a fire; and WHEREAS; ,the 2015 Fire, Prevention Week theme, "Hear the Beep -Where You Sleep. Every Bedroom Needs a. Working; -Smoke Alarm!" effectively serves to remind us that we need working smoke alarms to give us the time to get out safely. NOW, THEREFORE, I, JERI MOBERLY, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim the week of October 4, 2015 through October 10, 2015 to be UdP � ,,6 i `j�( in the City of Owasso, and do further urge all citizens to heed the important safety messages of Fire Prevention Week 2015 and support the many public safety activities and efforts of Owasso's fire and emergency services. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 6" day of October, 2015. Jeri Moberly, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, September 15, 2015 The Owasso City Council met in regular session on Tuesday, September 15, 2015, in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and the Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, September 11, 2015. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:46 pm. 2. 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 3. 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 • September 1, 2015 Regular Meeting • September 8, 2015 Regular Meeting B. Approve claims C. Receive monthly budget status report D. Accept the 2016 Highway Safety Grant, authorize the City Manager to execute the contract with the Oklahoma Highway Safety Office for management of the grant, and approve a budget amendment in the General Fund increasing the estimated revenues and the appropriation for expenditures in the Police Services budget by $69,000 E. Approve Ordinance 1060, approving OPUD 05 -02A property located between E 116th St N and E 126th St N, between N 129th E Ave and US -169 (Morrow Place) F. Accept Sewer Infrastructure Improvements at Morrow Place Phase II - 13315 E 1 161h St G. Accept Concrete Infrastructure Improvements at Arby's - 11500 N 140th E Ave H. Accept Sanitary Sewer Infrastructure Improvements at Walmart Neighborhood Market - E 1 16th St N and N 129 E Ave Mr. Bush moved, seconded by Mr. Dunn to approve the Consent Agenda with claims totaling $519,229.20. Also, included for review were the self - insurance claims report and the payroll report for 09/05/15. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 Owasso City Council September 15, 2015 Page 2 4. Consideration and appropriate action relating to items removed from the Consent Agenda None PUBLIC HEARING 5. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to Capital Improvement Plan project list Teresa Willson Capital Improvements Committee recommends the following projects: • Garnett Road Widening (E 106 St N to E 116 St N) • E 106 St N and N 145 E Ave Intersection Improvements • E 96 St N and N 145 E Ave Intersection Improvements Teresa Willson along with Roger Stevens presented the item. The Mayor opened the Public Hearing for comment. No citizen input was offered. 6. Consideration and appropriate action relating to OA- 15 -05, annexing property located along the southern edge of the SKO Railroad spur just west of the Public Works facility (301 W 2nd Ave) Karl Fritschen presented the item recommending approval of OA 15 -05, the request to annex the subject property into the corporate limits of the City of Owasso maintaining the Agriculture (AG) zoning. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve OA 15 -05, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 Consideration and appropriate action relating to OA- 15 -06, annexing property located north of 761h St N adjacent to Ranch Creek and to the west of the property associated with annexation case OA 15 -05 Karl Fritschen presented the item recommending approval of OA 15 -06, the request to annex the subject property into the corporate limits of the City of Owasso maintaining the Agriculture (AG) zoning. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve OA 15 -06, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 8. Consideration and appropriate action relating to OA- 15 -07, annexing property located north of 761h St N just west of Ranch Creek Karl Fritschen presented the item recommending approval of OA 15 -07, the request to annex the subject property into the corporate limits of the City of Owasso maintaining the Agriculture (AG) zoning. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to OA 15 -07, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 Owasso City Council September 15, 2015 Page 3 9. Consideration and appropriate action relating to the renewal of the Pelivan Transit Agreement Branca Stephenson presented the item recommending approval of the Purchase of Service Agreement between the City of Owasso and Grand Gateway Economic Development Association (Pelivan Transit) in the amount of $51,000 for transportation services and authorize the City Manager to execute the agreement. After discussion, Mr. Bonebrake moved, seconded by Dr. Kelley to approve the agreement in the amount of $51,000 with Grand Gateway Economic Development Association (Pelivan Transit), as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to the purchase of a vehicle in the Fire Department Chris Garrett presented the item recommending approval to purchase and authorize payment for a 2015 Dodge Charger in the amount of $31,223.50 from John Vance Motors of Guthrie, Oklahoma per the Oklahoma State Bid award. After discussion, Dr. Kelley moved, seconded by Mr. Bonebrake to approve the purchase and authorize payment of a vehicle in the amount of $31,223.50, per the Oklahoma State Bid, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to the purchase of a vehicle in the Stormwater Division Tim Doyle presented the item recommending approval to purchase and authorize payment of a 2016 Ford F250 Crew Cab dedicated CNG pickup in the amount of $43,399 from Bill Knight Ford of Tulsa, Oklahoma per the Oklahoma State Bid award. After discussion, Mr. Bonebrake moved, seconded by Dr. Kelley to approve the purchase and authorize payment of a CNG vehicle in the amount of $43,399, per the Oklahoma State Bid, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to a budget amendment for FY 2014 -15 Budget Carryover for re- appropriation in the FY 2015 -16 budgets Linda Jones presented the item recommending the following FY 2016 budget amendments: • increase the estimated revenues by $82,867 and the appropriation for expenditures by $640,970 for the General Fund; • increase the appropriation for expenditures in the Half -Penny Sales Tax Fund by $338,037; • increase the appropriation for expenditures in the Ambulance Service Fund by $20,591; • increase the appropriation for expenditures in the Cemetery Care Fund by $540; • increase the appropriation for expenditures in the Hotel Tax Fund by $60,133; and • increase the appropriation for expenditures in the Stormwater Management Fund by $815,406. Owasso city council September 15, 2015 Page 4 After discussion, Dr. Kelley moved, seconded by Mr. Bonebrake to approve the FY 2016 budget amendment, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City Council and the City Attorney, concerning pending litigation styled Patrick Ross v. City of Owasso et al., CJ -2013- 898; as provided in Title O.S. 25, Section 307(B)(4) Julie Lombardi presented the item, Mr. Bonebrake moved, seconded by Dr. Kelley to enter into executive session. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 At 7:23 pm, the Council, along with Warren Lehr, Julie Lombardi, and Keith Wilkes, Attorney at Newton, O'Connor, Turner & Ketchum PC entered into executive session. At 8:47 pm, the Council returned to open session. 14. Consideration and appropriate action relating to Resolution 2015 -16, designating the City Manager as the settlement representative for the mediation in the litigation styled, Patrick Ross vs. City of Owasso et al., CJ- 2013 -898, and additionally granting full and final settlement authority in this litigation matter to the City Manager Julie Lombardi presented the item recommending approval of Resolution 2015 -16. This item dies for lack of a motion. 15. Report from City Manager None 16. Report from City Attorney None 17. Report from City Councilors Councilors acknowledged efforts of staff. 18. New Business None 19. Adjournment Mr. Dunn 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 8:52 pm. Jeri Moberly, Mayor Lisa Wilson, Minute Clerk Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount GENERAL TREASURER PETTY CASH CC REFUNDNVHITEHILL 50.00 TREASURER. PETTY CASH CC REFUND /MAI 50.00 TREASURER PETTY CASH OC REFUND /ROPER 100.00 TREASURER PETTY CASH OC REFUND /CAMACHO 100.00 TREASURER PETTY CASH CC REFUND /SNODGRASS 50.00 TREASURER PETTY CASH CC REFUND /HARTLOPER 50.00 TREASURER PETTY CASH CC REFUND/THOMAS 50.00 TREASURER PETTY CASH CC REFUND /COX 50.00 TREASURER PETTY CASH OC REFUND /MUNOZ 100.00 TREASURER PETTY CASH CC USER REFUND /GREGORY 150.00 TREASURER PETTY CASH CC REFUNDIFUENTES 50.00 TREASURER PETTY CASH CC REFUNDNVOLERY 50.00 TREASURER PETTY CASH CC REFUND /MCCOY 50.00 TREASURER PETTY CASH CC REFUND /BOONE 50.00 TREASURER PETTY CASH FOOD VENDOR PERMIT REFUND 150.00 TOTAL GENERAL 1,100.00 MUNICIPAL COURT YOUTH SERVICES OF TULSA YOUTH SERVICES -JULY 4,125.00 YOUTH SERVICES OF TULSA YOUTH SERVICES- AUGUST 4,125.00 JPMORGAN CHASE BANK SAMSCLUB - SUPPLIES 6.49 JPMORGAN CHASE BANK TRAVEL EXPENSE 26.63 TOTAL MUNICIPAL COURT 8,283.12 MANAGERIAL JOHN FEARY TUITION REIMBURSEMENT 442.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 43.72 JPMORGAN CHASE BANK OAMA- CONFERENCE 75.00 TREASURER PETTY CASH PASTOR MEETING EXPENSE 11.20 TOTAL MANAGERIAL 572.42 FINANCE JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 6.48 TREASURER PETTY CASH MILEAGE REIMBlKIMBALL 17.25 TOTAL FINANCE 23.73 HUMAN RESOURCES OK SAFETY COUNCIL DEFENSIVE DRIVING COURSES 530.00 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 248.00 TULSA WORLD ADVERTISING 1,433.76 BH MEDIA HOLDING GROUPS, INC ADVERTISING 22.40 BH MEDIA HOLDING GROUPS, INC ADVERTISING 22.95 TOTAL HUMAN RESOURCES 2,257.11 GENERAL GOVERNMENT JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 28.99 CINTAS CORPORATION CARPET CLEANING SERVICES 67.96 Page 1 Claims List WHISI` IT1167 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL GOVERNMENT... TULSA COFFEE SERVICE INC CITY HALL COFFEE SERVICE 104.85 TULSA COUNTY CLERK FILING FEES 97.00 RICOH USA, INC RICOH COPIER - DOWNSTAIRS 199.49 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 115.96 TREASURER PETTY CASH POSTAGE 250.00 CINTAS CORPORATION CARPET CLEANING SERVICES 67.04 RICOH USA, INC. COPYING SERVICES - RICOH 104.30 DRAKE SYSTEMS INC COPIER SERVICES - UPSTAIR 252.74 DAVID L. WEATHERFORD LEGAL, GENERAL MATTERS 756.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, KIRBY, JULY 2015 1,275.00 MCAFEE & TAFT LEGAL 120.00 MCAFEE & TAFT LEGAL GENERAL MATTER 462.93 DAVID L. WEATHERFORD LEGAL - GENERAL MATTERS 234.00 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 28.99 MAILROOM FINANCE INC POSTAGE 1,000.00 AT &T CONSOLIDATED PHONE BILL 590.36 AEP /PSO JELECTRIC USAGE 6,788.35 TOTAL GENERAL GOVERNMENT 12,543.96 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK APA- PLANNING CONFERENCE 205.00 JPMORGAN CHASE BANK APA- PLANNING CONFERENCE 229.00 JPMORGAN CHASE BANK WALMART -DUCT TAPE 6.74 SAV -ON PRINTING & SIGNS LLC BUISNESS CARDS 30.00 TULSA COUNTY INFORMATION TECH DEPT TULSA COUNTY LAND RECORDS 30.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 400.00 JPMORGAN CHASE BANK OML-ANNUAL CONFERENCE 400.00 TOTAL COMMUNITY DEVELOPMENT 1,750.74 ENGINEERING JPMORGAN CHASE BANK JAMAR TECH - SUPPLIES 452.43 JPMORGAN CHASE BANK LODGING EXPENSE 188.00 JPMORGAN CHASE BANK LODGING EXPENSE 94.00 JPMORGAN CHASE BANK TRAVELEXPENSE 14.00 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 13.00 UNITED STATES CELLULAR CORPORATION PW CELL PHONES 56.55 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 TREASURER PETTY CASH TOLLS 12.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 31.47 JPMORGAN CHASE BANK TRAVEL EXPENSE 8.17 JPMORGAN CHASE BANK TRAVEL EXPENSE 7.03 Page 2 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description jPaymentAmount TOTAL ENGINEERING 935.33 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK OCC -STATE OF THE CITY 40.00 JPMORGAN CHASE BANK AMAZON - NETWORK SWITCH 264.98 JPMORGAN CHASE BANK BARRACUDA- FILTER RENEWAL 1,998.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 14.82 JPMORGAN CHASE BANK AMAZON - CLEANING TAPES 93.98 JPMORGAN CHASE BANK AMAZON -FIBER PATCH CABLE 15.98 JPMORGAN CHASE BANK TRAVEL EXPENSE 14.00 JPMORGAN CHASE BANK LODGING EXPENSE 366.12 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.25 JPMORGAN CHASE BANK TRAVEL EXPENSE 15.98 JPMORGAN CHASE BANK AMAZON -CABLE TESTER 178.98 JPMORGAN CHASE BANK COX - INTERNET 1,350.00 JPMORGAN CHASE BANK SOLARWINDS- LICENSE UPGRD 3,800.00 JPMORGAN CHASE BANK AMERICAN - BAGGAGE FEE 25.00 JPMORGAN CHASE BANK TRAVELEXPENSE 20.03 JPMORGAN CHASE BANK AMAZON- LABELS 32.34 TOTAL INFORMATION TECHNOLOGY 8,240.46 SUPPORT SERVICES JPMORGAN CHASE BANK UNIQUE STITCHES - REPAIR 50.00 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 287.75 JPMORGAN CHASE BANK OREILLYS- PULLER 64.99 JPMORGAN CHASE BANK SAMSCLUB -TAX REFUND -52.99 SPRINT SOLUTIONS, INC. SPRINT CARDS 79.98 SPOK, INC. PAGER USE 8.88 JPMORGAN CHASE BANK LOWES- TRIMMER HEAD 25.63 JPMORGAN CHASE BANK LOTA- PARKING FEE 5.00 JPMORGAN CHASE BANK SCHINDLER ELEVATOR -MAINT 917.28 JPMORGAN CHASE BANK RED BUD- FILTERS 12.10 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 11.85 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 11.85 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 11.85 COPY WORLD BUSINESS SOLUTIONS, LLC QTRLY COPIER MAINT FEES 110.00 AT&T CONSOLIDATED PHONE BILL 21.88 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 13.00 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 39.00 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 58.50 JPMORGAN CHASE BANK COX - INTERNET SERVICE 69.95 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8.79 JPMORGAN CHASE BANK FACIUTYDUDE- SOFTWARE 2,157.75 TOTAL SUPPORT SERVICES 3,913.04 Page 3 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description Payment Amount CEMETERY YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 13.00 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 44.72 SPOK, INC. PAGER USE 8.88 OWASSO TOP SOIL DIRT FOR CEMETERY 65.00 JPMORGAN CHASE BANK OREILLYS -SPARK PLUG 5.78 JPMORGAN CHASE BANK OREILLYS -OIL 8.69 AEP /PSO ELECTRIC USAGE 26.72 JPMORGAN CHASE BANK P &K EQUIPMENT- REPAIR 301.96 JPMORGAN CHASE BANK JP&K EQUIP- SUPPLIES 19.25 TOTAL CEMETERY 494.00 POLICE COMMUNICATIONS JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 115.96 AEP /PSO ELECTRIC USAGE 247.17 DEPARTMENT OF PUBLIC SAFETY OLETS USER FEE 450.00 JPMORGAN CHASE BANK INTL CPR -CPR TRAINING 17.89 LANGUAGE LINE SERVICES TRANSLATION SERVICES 8.68 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 102.20 JPMORGAN CHASE BANK INTERSTATE - SUPPLIES 29.50 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 29.25 JPMORGAN CHASE BANK AMAZON - PRISONER BOARD 8.99 JPMORGAN CHASE BANK AMAZON - PRISONER BOARD 299.99 JPMORGAN CHASE BANK BAUDVILLE- SUPPLIES 1 28.40 TOTAL POLICE COMMUNICATIONS 1,338.03 ANIMAL CONTROL AT &T CONSOLIDATED PHONE BILL 26.70 BRANDON HEMSOTH SUPPLIES 276.52 JPMORGAN CHASE BANK AMAZON - COMPUTER ITEMS 150.73 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 96.90 JPMORGAN CHASE BANK WALMART - SUPPLIES 14.72 JPMORGAN CHASE BANK WALMART- SUPPLIES 32.00 JPMORGAN CHASE BANK MEDVET- SUPPLIES 59.99 JPMORGAN CHASE BANK AMAZON - SUPPLIES 35.97 JPMORGAN CHASE BANK WEST ENGRAVERS - SUPPLIES 160.87 JPMORGAN CHASE BANK WALMART- SUPPLIES 19.60 JPMORGAN CHASE BANK SERENITY PET - CREMATIONS 375.00 YOUNGS FIRE SUPPRESSION SERVICES EXTINGUISHER INSPECTION 26.00 JPMORGAN CHASE BANK ZOETIS - SUPPLIES 249.75 AEP /PSO IELECTRIC USAGE 1 273.00 TOTAL ANIMAL CONTROL 1,797.75 FIRE SERVICES FLEETPRIDE, INC IVEHICLE PART 11.84 TOTAL FIRE SERVICES 11.84 Page 4 Claims List 1016!2015 Budget Unit Title Vendor Name Payable Description PaymentAmount EMERGENCY PREPAREDNES AT &T CONSOLIDATED PHONE BILL 15.12 JPMORGAN CHASE BANK LODGING EXPENSE 282.00 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 26.35 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 21.01 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 26.43 AEP IPSO ELECTRIC USAGE 109.88 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 2126 TOTAL EMERGENCY PREPAREDNESS 504.05 STORMWATER UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 JPMORGAN CHASE BANK LOWES- CONCRETE 187.83 JPMORGAN CHASE BANK P &K EQUIP- TRIMMER LINE 56.99 JPMORGAN CHASE BANK LOWES -FENCE SUPPLIES 20.85 OWASSO FENCE CO FENCE 10.32 CITY GARAGE VEH PARTS PURCH -AUG 1,029.55 SPOK, INC. PAGER USE 53.35 UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 JPMORGAN CHASE BANK KUBOTA- TRACTOR PARTS 625.75 JPMORGAN CHASE BANK QUALITY TIRE - TRAILER TIRE 97.50 TREASURER PETTY CASH PARKING FEE 9.00 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 70.50 JPMORGAN CHASE BANK OREILLYAUTO- SUPPLIES 83.60 JPMORGAN CHASE BANK OREILLYAUTO- SUPPLIES 37.66 JPMORGAN CHASE BANK STD SUPPLY - CREDIT -2.00 JPMORGAN CHASE BANK EQUIPMENT ONE - RENTAL 70.00 JPMORGAN CHASE BANK BROWN FARMS-SOD 285.00 JPMORGAN CHASE BANK LOWES -TAR 30.55 JPMORGAN CHASE BANK TRANSCO -PPE 35.16 JPMORGAN CHASE BANK STD SUPPLY - TRIMMER LINE 43.77 JPMORGAN CHASE BANK LOWES- SUPPLIES 46.84 JPMORGAN CHASE BANK P & K EQUIP -BRUSH KNIFE 57.94 JPMORGAN CHASE BANK IF & K EQUIP -BRUSH KNIVES 78.55 TOTAL STORMWATER 3,028.64 PARKS JPMORGAN CHASE BANK P &K EQUIPMENT -MOWER PARTS 100.86 JPMORGAN CHASE BANK P &K EQUIPMENT -MOWER PARTS 75.30 JPMORGAN CHASE BANK P &K EQUIPMENT -WHEEL CAPS 4.42 JPMORGAN CHASE BANK LOWES - SUPPLIES 44.90 AT &T CONSOLIDATED PHONE BILL 23.16 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 RANDY G. MISER RAYOLA PARK PARKING LOT 750.00 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 ANDREA SMITH PARKS JANITORIAL SERVICES 1,175.00 Page 5 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description Payment Amount PARKS... ANDREA SMITH PARKS JANITORIAL SERVICES 1,175.00 ROGERS COUNTY RURAL WATER DISTRICT WATER @ CENTENNIAL 178.50 OLEN MASINGALE SEPTEMBER MOWINGS 1,720.00 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.98 CITY GARAGE VEH PARTS PURCH -AUG 187.00 AEP /PSO ELECTRIC USAGE 1,024.48 JPMORGAN CHASE BANK ATWOODS -SPRAY PAD PARTS 8.69 JPMORGAN CHASE BANK P &K EQUIPMENT -PARTS 33.30 JPMORGAN CHASE BANK LOWES- SUPPLIES 11.04 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 ALARM SECURITY GROUP, LLC PARKS OFFICE SECURITY SYS 12.58 WASHINGTON CO RURAL WATER DISTRICT MCCARTY PARK WATER 37.36 MIRACLE RECREATION EQUIPMENT NEW SWINGS FOR PARKS 2,480.00 UNIFIRST HOLDINGS LP IPARKS UNIFORMS 15.25 TOTAL PARKS 9,125.82 COMMUNITY CENTER JPMORGAN CHASE BANK WALMART - LANYARD 5.88 JPMORGAN CHASE BANK WALMART -TWO WAY RADIOS 59.87 JPMORGAN CHASE BANK WALMART -TAPE MEASURE /KEYS 37.32 JPMORGAN CHASE BANK RANDY'S PEST -PEST CONTROL 80.00 JPMORGAN CHASE BANK WALMART - SUPPLIES 93.03 JPMORGAN CHASE BANK WALMART- SUPPLIES 22.14 JPMORGAN CHASE BANK LOWES -KEY 1.97 JPMORGAN CHASE BANK TARGET - SUPPLIES 9.47 JPMORGAN CHASE BANK WALMART- SUPPLIES 30.08 JPMORGAN CHASE BANK HOME DEPOT - DEADBOLT LOCK 14.97 JPMORGAN CHASE BANK COPS PLUS - SUPPLIES 303.50 JPMORGAN CHASE BANK AMAZON - SUPPLIES 220.98 AEP /PSO ELECTRIC USAGE 1,612.09 JPMORGAN CHASE BANK HOME DEPOT -SIGNS 42.48 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 2.94 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 142.61 JPMORGAN CHASE BANK TONER CENTRAL -TONER 99.99 JPMORGAN CHASE BANK LOWES- PRIMER /PAINT 46.56 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 73.90 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 46.09 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 214.04 JPMORGAN CHASE BANK TUCKER JANITOR-SUPPLIES 80.00 JPMORGAN CHASE BANK LOWES- CLAMPS /BUSHINGS 61.42 JPMORGAN CHASE BANK LOWES- SUPPLIES 72.91 JPMORGAN CHASE BANK LOWES -LED LIGHTING 176.04 AT &T CONSOLIDATED PHONE BILL 41.82 JPMORGAN CHASE BANK WALMART- SUPPLIES 6.72 Page 6 Claims List 10/6/2015 Budget Unit Title I Vendor Name Payable Description Payment Amount TOTAL COMMUNITY CENTER 3,598.82 HISTORICAL MUSEUM CONSOLIDATED PHONE BILL 15.12 FAEP/IPSO ELECTRIC USAGE 202.60 AN CHASE BANK JOHNSTONE -FAN MOTOR PARTS 118.70 TOTAL HISTORICAL MUSEUM 336.42 ECONOMIC DEV JPMORGAN CHASE BANK WEBSCRIBBLE- HOSTING 19.99 TOTAL ECONOMIC DEV 19.99 59,875.2 FUND GRAND TOTAL AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 139.00 TOTAL AMBULANCE SERVICE 139.00 AMBULANCE JPMORGAN CHASE BANK FRONTIER INTL- REPAIRS 542.85 JPMORGAN CHASE BANK FLEET DIST -TOOLS 61.29 JPMORGAN CHASE BANK FIRE SERVICE -CPR CARDS 120.00 MEDICLAIMS INC BILLING SERVICES 12,108.32 ZOLL DATA SYSTEMS, INC RESCUENET MAINTENANCE 8,500.00 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 398.05 JPMORGAN CHASE BANK INTERSTATE -TOOLS 266.40 JPMORGAN CHASE BANK PHARM SYSTEMS- SUPPLIES 343.89 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 188.10 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 20.50 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 574.80 JPMORGAN CHASE BANK INTEGRIS -NEW HIRE PHYSICA 475.00 JPMORGAN CHASE BANK BOUNDTREE MED- SUPPLIES 46.02 JPMORGAN CHASE BANK BOUNDTREE MED- SUPPLIES 30.43 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 21.10 JPMORGAN CHASE BANK BOUNDTREE MEDSUPPLIES 1,039.84 CITY GARAGE IVEH PARTS PURCH -AUG 1,521.37 TOTAL AMBULANCE 26,257.96 26,396.9 FUND GRAND TOTAL E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO - MAINT CONTRAC 410.00 AT &T E911 MAPPING FEES -SEPT 355.35 INCOG -E911 E911 ADMIN SVC FEES 71821.47 AT &T CONSOLIDATED PHONE BILL 670.43 GENCORE CANOED, LTD GENWATCH3 SOFTWARE MAINT 1,748.00 Page 7 Claims List ir117c:941917 Budget Unit Title I Vendor Name Payable Description IPaymentAmount TOTAL E911 COMMUNICATIONS 11,005.25 11,005.2 FUND GRAND TOTAL HOTEL TAX - ECON DEV JPMORGAN CHASE BANK TRAVEL EXPENSE 64.66 AEP /PSO ELECTRIC USAGE 51.67 JPMORGAN CHASE BANK AMERICAN - AIRFARE 399.20 JPMORGAN CHASE BANK TRAVEL EXPENSE 17.82 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.92 JPMORGAN CHASE BANK TRAVEL EXPENSE 26.76 TOTAL HOTELTAX - ECON DEV 566.03 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK MEETING EXPENSE 26.90 JPMORGAN CHASE BANK BROWN FARMS-SOD 60.00 JPMORGAN CHASE BANK SAV ON -BLOCK PARTY SIGNS 75.00 JPMORGAN CHASE BANK OCC -STATE OF THE CITY 80.00 JPMORGAN CHASE BANK WALMART- SUPPLIES 106.50 JPMORGAN CHASE BANK WORLEY'S -DIRT 10.00 JPMORGAN CHASE BANK ANCHOR PAINT - SUPPLIES 426.41 JPMORGAN CHASE BANK SCOREBOARD - TSHIRTS 270.00 JPMORGAN CHASE BANK ROADSAFE- BARRICADES 67.20 TOTAL STRONG NEIGHBORHOODS 1,122.01 1,688.0 FUND GRAND TOTAL STORMWATER MANAGEMEN' 96TH & GARNETT LLC ISTORMWATER PAYBACK REFUND 32,581.22 TOTAL STORMWATER MANAGEMENT 32,581.22 STORMWATER - STORMWATE PRECISION LAWN CARE OF TULSA, LLC MOW 169 & LITTER CONTROL 6,347.30 IAEP/PSO ELECTRIC USAGE 340.43 TOTAL STORMWATER- STORMWATER 6,687.73 39,268.9 FUND GRAND TOTAL AMBULANCE CAPITAL FD ISTRYKER MEDICAL 1BARIATRIC XPS RETROFIT 11,500.00 TOTAL AMBULANCE CAPITAL FD 11,500.00 11,500.0 FUND GRAND TOTAL SALES TAX FUND -FIRE ZOLL DATA SYSTEMS, INC RESCUENET MAINTENANCE 6,286.00 NORTHERN SAFETY COMPANY, INC. SCBA FUNCTION TESTING 5,322.50 Page 8 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND - FIRE... SPECIAL OPS UNIFORMS, INC UNIFORMS 17,006.71 NORTH AMERICA FIRE EQUIPMENT CO. PROTECTIVE COATS & PANTS 14,451.78 JPMORGAN CHASE BANK AMAZON -SMALL TOOLS 67.12 JPMORGAN CHASE BANK LOCKE SUPPLY -PARTS 32.03 DUVALL ELECTRIC, LLC ELECTRICAL REPAIRS - FIRE 290.00 AT &T CONSOLIDATED PHONE BILL 119.67 NORTH AMERICA FIRE EQUIPMENT CO. SUSPENDERS 174.59 NORTH AMERICA FIRE EQUIPMENT CO. PROTECTIVE GLOVES 2,426.88 NORTH AMERICA FIRE EQUIPMENT CO. PROTECTIVE HOODS 708.00 JPMORGAN CHASE BANK AMERICAN WASTE - DUMPSTER 350.00 JPMORGAN CHASE BANK AMERICAN WASTE - DUMPSTER 350.00 JPMORGAN CHASE BANK AMERICAN WASTE - DUMPSTER 354.34 DALE & LEES SERVICE, INC HVAC REPAIR STATION #2 123.00 JPMORGAN CHASE BANK HOME DEPOT -FS #4 SUPPLIES 147.42 JPMORGAN CHASE BANK SAMS- REFUND -8.00 JPMORGAN CHASE BANK OREILLYS- SUPPLIES 29.98 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.91 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.91 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.75 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.88 JPMORGAN CHASE BANK TRAVEL EXPENSE 6.75 JPMORGAN CHASE BANK TRAVEL EXPENSE 9.92 JPMORGAN CHASE BANK TULSA TECH- TRAINING CLASS 195.00 TREASURER PETTY CASH TAG FEE 236.50 JPMORGAN CHASE BANK HILT[ -TOOLS 684.79 JPMORGAN CHASE BANK HILTI -TOOLS 326.92 JPMORGAN CHASE BANK LOWES - DRYWALL 1614 JPMORGAN CHASE BANK BESTBUY- SUPPLIES 5.69 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 24.75 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.80 JPMORGAN CHASE BANK INT'L SOCIETY- REGISTRATIO 95.00 JPMORGAN CHASE BANK INT'L SOCIETY- REGISTRATIO 95.00 JPMORGAN CHASE BANK INT'L SOCIETY - REGISTRATIO 95.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 45.44 JPMORGAN CHASE BANK FLEET DIST- VEHICLE PARTS 39.66 JPMORGAN CHASE BANK KENKOOL- REPAIR 751.67 JPMORGAN CHASE BANK LODGING EXPENSE 170.00 JPMORGAN CHASE BANK LODGING EXPENSE 170.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 5.68 JPMORGAN CHASE BANK LOWES- REFRIGERATOR 898.00 JPMORGAN CHASE BANK WALMART - OFFICE SUPPLIES 42.24 JPMORGAN CHASE BANK WALMART- SUPPLIES 33.64 JPMORGAN CHASE BANK SAMS- SUPPLIES 39.52 AEP IPSO IELECTRIC USAGE 4,075.27 Page 9 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND - FIRE... JPMORGAN CHASE BANK ATWOODS- SUPPLIES 99.98 JPMORGAN CHASE BANK TRAVEL EXPENSE 29.91 JPMORGAN CHASE BANK ACADEMY SPORTS- APPAREL 84.99 JPMORGAN CHASE BANK ACADEMY SPORTS - APPAREL 84.99 JPMORGAN CHASE BANK ACADEMY SPORTS - APPAREL 64.99 JPMORGAN CHASE BANK ACADEMY SPORTS- APPAREL 64.99 JPMORGAN CHASE BANK SHOE CARNIVAL -SHOES 45.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 8.93 JPMORGAN CHASE BANK TRAVEL EXPENSE 15.89 JPMORGAN CHASE BANK TRAVELEXPENSE 19.56 JPMORGAN CHASE BANK TRAVEL EXPENSE 31.03 JPMORGAN CHASE BANK TRAVEL EXPENSE 22.53 JPMORGAN CHASE BANK LOWES- SUPPLIES 26.94 JPMORGAN CHASE BANK TRAVEL EXPENSE 19.94 JPMORGAN CHASE BANK OK LIGHTING -LIGHT SOCKETS 9.90 JPMORGAN CHASE BANK ASSOC PARTS - BLOWER MOTOR 375.00 JPMORGAN CHASE BANK JOHNSTONE- BLOWER BELT 5.94 JPMORGAN CHASE BANK JOHNSTONE- BLOWER BELT 5.94 JPMORGAN CHASE BANK LIGHTING INC- BALLAST 39.95 JPMORGAN CHASE BANK JERRY BRAY - DEFROST HEATER 255.00 JPMORGAN CHASE BANK RED BUD - FILTERS 8.04 JPMORGAN CHASE BANK RED BUD - FILTERS 8.04 JPMORGAN CHASE BANK IAFC- MEMBERSHIP DUES 239.00 JPMORGAN CHASE BANK BESTBUY - SUPPLIES 31.99 CITY GARAGE IVEH PARTS PURCH -AUG 227.77 TOTAL SALES TAX FUND -FIRE 58,155.69 FUND GRAND TOTAL 58,155.6 SALES TAX FUND - POLICE SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS - CAZZOLA 30.00 YOUNGS FIRE SUPPRESSION SERVICES EXTINGUISHER INSPECTION 167.00 SPOK, INC. PAGER USE 35.52 JPMORGAN CHASE BANK FRED PRYOR - TRAINING 199.00 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEM 184.99 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 61.99 JPMORGAN CHASE BANK AMAZON - UNIFORM 22.88 JPMORGAN CHASE BANK SOUTHERN AG -K9 FOOD 162.97 JPMORGAN CHASE BANK INTERSTATE ALL - BATTERIES 21.20 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM 39.99 JPMORGAN CHASE BANK AMAZON - UNIFORM 385.96 AEPIPSO ELECTRIC USAGE 3,319.62 JPMORGAN CHASE BANK TRANSCRIPTION SERVICES 1,221.00 JPMORGAN CHASE BANK SAMS CLUB -WATER 99.50 JPMORGAN CHASE BANK WALMART- SUPPLIES 53.68 Page 10 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND - POLICE... JPMORGAN CHASE BANK CMI- SUPPLIES 244.28 JPMORGAN CHASE BANK LODGING EXPENSE 249.00 JPMORGAN CHASE BANK LODGING EXPENSE 30.63 JPMORGAN CHASE BANK LODGING EXPENSE 249.00 JPMORGAN CHASE BANK LODGING EXPENSE 30.63 JPMORGAN CHASE BANK LOWES- SUPPLIES 299.90 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.58 JPMORGAN CHASE BANK FAMILY ANIMAL -K9 MEDICINE 102.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 62.90 JPMORGAN CHASE BANK AMAZON - SUPPLIES 39.60 JPMORGAN CHASE BANK AMAZON - UNIFORM 203.20 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 1,510.25 JPMORGAN CHASE BANK AMAZON - SUPPLIES 14.99 JPMORGAN CHASE BANK CHIEF SUPPLY - UNIFORM 377.86 JPMORGAN CHASE BANK AMAZON - MEMBERSHIP 99.00 JPMORGAN CHASE BANK AMAZON- UNIFORMS 594.88 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 115.96 JPMORGAN CHASE BANK GALLS - UNIFORM ITEMS /RAU 90.02 JPMORGAN CHASE BANK GALLS - UNIFORMS 1,456.22 JPMORGAN CHASE BANK AMAZON- RETURN - 171.99 TREASURER PETTY CASH TRAVEL EXPENSE /GRAY 80.80 TREASURER PETTY CASH WIPER BLADES 25.74 TREASURER PETTY CASH FIREARM REPAIR/PARSLEY 45.00 JPMORGAN CHASE BANK AT YOUR SERVICE - RENTAL 80.00 JPMORGAN CHASE BANK TINT SHOP - WINDOW TINTING 195.00 JPMORGAN CHASE BANK BASS PRO - SNIPER EQUIPMENT 1,328.97 JPMORGAN CHASE BANK ALT FORCE - TRAINING SUIT 1,239.90 FLEET DISTRIBUTORS EXPRESS LIGHTING FOR DET VEHICLE 200.68 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY16 161.00 JPMORGAN CHASE BANK VIEVU - STRAIGHT SHOOTER 250.00 JPMORGAN CHASE BANK TASER- ASSURANCE PLAN 3,280.00 AT &T CONSOLIDATED PHONE BILL 519.91 JPMORGAN CHASE BANK ULTRA MAX -AMMO 6,740.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES 12.32 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 47.94 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.69 JPMORGAN CHASE BANK WALGREENS- SUPPLIES 42.24 CITY GARAGE VEH PARTS PURCH -AUG 5,864.85 JPMORGAN CHASE BANK USPS- MAILING COSTS 33.04 JPMORGAN CHASE BANK INTERSTATE - BATTERY 27.90 JPMORGAN CHASE BANK THOMSON WEST -CLEAR ACCESS 276.01 JPMORGAN CHASE BANK ULTRA MAX -AMMO 42100 JPMORGAN CHASE BANK LA POLICE GEAR -UNIF ITEM 104.93 JPMORGAN CHASE BANK AMAZON- SUPPLIES 1 12.92 Page 11 Claims List 10!6(2015 Budget Unit Title I Vendor Name Payable Description jPaymentAmountj TOTAL SALES TAX FUND- POLICE 32,611.05 GRAND TOTAL MORGAN CHASE BANK MORGAN CHASE BANK MORGAN CHASE BANK lCHOR STONE COMPANY VIN CITIES READY MIX, INC VIN CITIES READY MIX, INC )UNGS FIRE SUPPRESSION SERVICES JCHOR STONE COMPANY GNALTEK INC NKLEY SALES ' MORGAN CHASE BANK ZEASURER PETTY CASH ' MORGAN CHASE BANK ' MORGAN CHASE BANK ' MORGAN CHASE BANK ' MORGAN CHASE BANK ' MORGAN CHASE BANK ' MORGAN CHASE BANK ' MORGAN CHASE BANK ' MORGAN CHASE BANK ' MORGAN CHASE BANK ) MORGAN CHASE BANK ' MORGAN CHASE BANK ) MORGAN CHASE BANK RDIGRIS VALLEY ELECTRIC COOP RGAN CHASE BANK RGAN CHASE BANK 2ST HOLDINGS LP RGAN CHASE BANK RGAN CHASE BANK RGAN CHASE BANK RGAN CHASE BANK RGAN CHASE BANK , INC. 2ST HOLDINGS LP 2ST HOLDINGS LP ;SO TOP SOIL CITIES READY MIX, INC ATWOOD- EQUIPMENT BOX HOME DEPOT -FORM SUPPLIES LOWES- CAUTION TAPE CRUSHER RUN STONE =IRE EXTINGUISHER INSPECT RUSHER RUN STONE TRAFFIC SIGNAL MAINTENANC CONTROLLER, SOFTWARE DULTMEIER -MOTOR ASSEMBLY CDL LICENSENVALKINGSTICK BROWNCO- CURING SPRAY BROWN FARMS -SOD LOWES - BATTERIES LOWES- SPRAYER LOWES -CEDAR BOARD STAKES FENCE -POLES JRITY LIGHT ;TRIC USAGE GRAINGER- LATCHES UNIFORM CLEANING MAACO- REPAINT FLATBED BROWNCO MANUF -SAW BLADE BROWNCO- MARKING PAINT BROWNCO- HAMMER DRILL EQUIPMENT ONE - RENTAL PAGER USE UNIFORM CLEANING UNIFORM CLEANING DIRT FOR SIDEWALK REPAIR Page 12 32,6 17.94 150.81 816.00 3,350. 19,904, 1,130. 221.35 57.50 157.11 15.97 26.51 15. 35.1E 87.75 47.60 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND - STREETS... TWIN CITIES READY MIX, INC CONCRETE 216.00 ANCHOR STONE COMPANY CRUSHER RUN STONE 68.81 CITY GARAGE VEH PARTS PURCH -AUG 2,572.68 TOTAL SALES TAX FUND-STREETS 36,079.23 36,079.2 FUND GRAND TOTAL Cl -VEH MAINT FAC BLDG I MATRIX ARCHITECTS, ENGINEERS, ARCHIT DESIGN NEW VEH MAI 1,725.00 TOTAL CI - VEH MAINT FAC BLDG 1,725.00 CI -GARN WID 96TH -106TH PSA- DEWBERRY INC ENGINEERING SERVICES 17,675.50 SAV -ON PRINTING & SIGNS LLC SIGN COVER UPS 100.00 TOTAL CI - GARN WID 96TH -106TH 17,775.50 TRANSPORTATION MSTR PLF C. H. GUERNSEY & COMPANY JENGINEERING SERVICES 3,661.74 TOTAL TRANSPORTATION MSTR PLAN 3,661.74 STREET REHAB FY16 BENCHMARK SURVEYING & LAND SERVICES SURVEY - FY 15 -16 STREET 5,800.00 TOTAL STREET REHAB FYI 5,800.00 28,962.2 FUND GRAND TOTAL CITY GARAGE YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 108.00 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER INSPECT 6.50 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 AT &T CONSOLIDATED PHONE BILL 26.70 TREASURER PETTY CASH CNG LICENSE /MOODY 50.00 TREASURER PETTY CASH CNG LICENSE /LIVINGSTON 50.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 7.97 JPMORGAN CHASE BANK SPEEDTECH- LIGHTS /BRACKET 299.88 JPMORGAN CHASE BANK OREILLYS -SHOP SUPPLIES 75.88 JPMORGAN CHASE BANK OREILLYS -PARTS RESALE 3,584.84 JPMORGAN CHASE BANK BUMP2BUMP -PARTS 592.20 JPMORGAN CHASE BANK QUALITY TIRE - ALIGNMENT 89.95 JPMORGAN CHASE BANK FLEET DIST- LIGHTS 224.94 JPMORGAN CHASE BANK GOODYEAR -TIRES & RECAPS 2,650.67 JPMORGAN CHASE BANK BUM2BUMP -PARTS 121.00 JPMORGAN CHASE BANK LOTA- PARKING FEE 5.00 JPMORGAN CHASE BANK BUMP213UMP -PARTS 108.12 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 50.00 Page 13 Claims List 10/6/2015 Budget Unit Title Vendor Name Payable Description Payment Amount CITY GARAGE... JPMORGAN CHASE BANK CLASSIC CHEVY -PARTS 102.79 JPMORGAN CHASE BANK B &M WAREHOUSE -PARTS 1,093.09 JPMORGAN CHASE BANK CLASSIC CHEVY -FUEL CAPS 29.90 JPMORGAN CHASE BANK HESSELBEIN -TIRES 560.04 JPMORGAN CHASE BANK UNITED FORD -PARTS 94.70 JPMORGAN CHASE BANK UNITED FORD -PARTS 457.96 JPMORGAN CHASE BANK UNITED FORD -PARTS 43.84 JPMORGAN CHASE BANK HARD HAT - SAFETY GLOVES 60.00 JPMORGAN CHASE BANK FRONTIER INT'L -TANK CAPS 28.90 JPMORGAN CHASE BANK ZEP SALES -HAND CLEANER 62.45 JPMORGAN CHASE BANK KERR INDUST -WIRE HARNESS 106.24 AT &T MOBILITY WIRELESS SERVICE 57.33 AEP /PSO ELECTRIC USAGE 466.59 JPMORGAN CHASE BANK BUMP2BUMP -PARTS 457.76 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.39 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 6.11 JPMORGAN CHASE BANK IMATTHEWS FORD- REPAIRS 994.83 TOTAL CITY GARAGE 12,777.69 12,777.6 FUND GRAND TOTAL WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP /FELL 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP /FELL 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP /FELL 323.00 TOTAL WORKERS' COMP SELF -INS 969.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 366.98 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 5,146.87 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 815.99 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 366.98 SAS, LLC SELECT ACTUARIAL SERVICE WORKERS COMP ACTUARIAL 3,750.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 3,855.58 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 366.98 TOTAL WORKERS' COMP SELF -INS 14,669.38 15,638.3 FUND GRAND TOTAL GEN LIAB -PROP SELF INS NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, ROSS, JULY 2015 996.86 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, SPRADLIN, JULY 2,533.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, MAZZANTI, JULY 337.50 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL -ROSS, AUGUST 2,638.33 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL- DENTON, AUGUST 4,707.06 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL,DENTON, JULY 2015 7,101.29 Page 14 Claims List 10/6/2015 Budget Unit Title I Vendor Name Payable Description IPaymentAmount TOTAL GEN LIAB -PROP SELF INS 18,314.04 FUND GRAND TOTAL 18,314.0 CITY GRAND TOTAL $352,272.79 Page 15 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 10/6115 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL 22,118.75 57,651.39 35,181.82 27,459.56 29,013.51 37,173.98 208,599.01 4,679.80 2,068.70 7,441.66 14,190.16 VSP VISION MEDICAL SERVICES 1,012.06 VISION MEDICAL SERVICES 2,103.36 VISION DEPT TOTAL 3,115.42 HEALTHCARE SELF INSURANCE FUND TOTAL 225,904.59 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 09119/15 Department Payroll Expenses Total Expenses Municipal Court 5,531.41 8,232.11 Managerial 21,555.17 30,525.80 Finance 15,231.82 23,529.44 Human Resources 7,910.36 13,196.94 Community Development 15,210.28 24,349.60 Engineering 14,434.74 21,930.15 Information Systems 13,378.30 20,514.01 Support Services 6,353.70 9,390.40 Cemetery 1,235.78 1,861.58 Police Grant Overtime 2,480.94 2,513.83 Central Dispatch 19,332.35 32,109.76 Animal Control 2,966.68 4,661.48 Emergency Preparedness 1,673.00 2,393.17 Stormwater /ROW Maint. 6,475.62 9,565.33 Park Maintenance 5,691.42 8,693.51 Culture /Recreation 4,955.88 8,125.49 Community- Senior Center 4,087.27 6,642.46 Historical Museum 588.96 661.29 Economic Development 3,367.09 4,405.50 General Fund Total 152,460.77 233,301.85 Garage Fund Total 4,687.60 7,691.37 Ambulance Fund Total 365.00 409.82 Fire Fund 37 Total 143,011.30 221,424.89 Police Fund 38 Total 124,638.32 195,214.26 Streets Fund 39 Total 8,907.71 15,668.74 Stormwater Fund 27 Total Worker's Compensation Total 11,241.91 13,371.29 Strong Neighborhoods Total 3,772.29 5,504.66 0 The Gily Wil . Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Chief Urban and Long Range Planner SUBJECT: Ordinance 1061 DATE: October 2, 2015 BACKGROUND: On September 15, 2015, the City Council considered the annexation (OA- 15 -05) for a 10.431 acre tract located in Section 30, Township 21 North, Range 14 East and Section 25 of Township 21 North Range 13 East. The Council voted unanimously to approve the annexation of the property with an AG (Agriculture) zoning designation. The attached ordinance officially annexes the subject property, affirming the action taken by the City Council on September 15, 2015. RECOMMENDATION: Staff recommends approval of Ordinance 1061 approving the annexation of property located at the above described location. ATTACHMENTS: Ordinance 1061 Boundary Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1061 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST AND SECTION 25, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. K M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD FOUR OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation the property referenced in application OA- 15 -05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land located in the Southwest Quarter (SW /4) of Section Thirty (30) of Township Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: COMMENCING AT THE SW CORNER OF THE SW /4 OF SEC. 30, T -21 -N, R -14 -E, I.B. &M.; THENCE N 89 °00'43 "E ALONG THE SOUTH LINE OF SAID SW /4 A DISTANCE OF 1549.87 FEET; THENCE N 01 °07'59 "W A DISTANCE OF 78.00 FEET TO THE POINT OF BEGINNING; THENCE S 89 °00'43 "W A DISTANCE OF 120.00 FEET; THENCE N 01 °07'55 "W A DISTANCE OF 1107.47 FEET, THENCE N 24 031'58 "W A DISTANCE OF 694.89 FEET; THENCE N 43 °42'45 "W A DISTANCE OF 465.27 FEET; THENCE N 52 018'58 "W A DISTANCE OF 364.67 FEET; THENCE N 85 °33'25 "W A DISTANCE OF 272.66 FEET; THENCE S 88 °42'04 "W A DISTANCE OF 317.98 FEET TO THE WEST LINE OF SAID SW /4; THENCE N 01 °56'53 "W ALONG THE WEST LINE OF SAID SW /4 A DISTANCE OF 100.00 FEET TO THE SOUTHERLY RAILROAD RIGHT -OF -WAY; THENCE N 88 °42'04 "E ALONG SAID SOUTHERLY RAILROAD RIGHT -OF -WAY (UNTIL OTHERWISE NOTED) A DISTANCE OF 434.41 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 528.81 FEET, A CENTRAL ANGLE OF 38 °19'01", A CHORD LENGTH OF 347.09 FEET; A CHORD BEARING OF S 72 °08'26 "E, FOR A DISTANCE OF 353.65 FEET, THENCE S 55 °06'24 "E A DISTANCE OF 135.68 FEET; THENCE S 45 °46'02 "E A DISTANCE OF 586.39 FEET; THENCE S 44 °13'58 "W A DISTANCE OF 40.58 FEET; THENCE S 45 °46'02 "E A DISTANCE OF 470.05 FEET; THENCE S 01 °07 "55 "E AND LEAVING SAID SOUTHERLY RAILROAD RIGHT -OF -WAY A DISTANCE OF 1470.48 FEET TO THE POINT OF BEGINNING, AND CONTAINING 9.846 ACRES, MORE OR LESS. And A tract of land located in the Southeast Quarter (SE /4) of Section Twenty -five (25) of Township Twenty - one (21) North and Range Thirteen (13) East of the Indian Base and Meridian (1.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: COMMENCING AT THE SE CORNER OF THE SE /4 OF SEC. 25, T -21 -N, R -13 -E, I.B. &M.; THENCE N 1 °56'53 "W ALONG THE EAST LINE OF SAID SE /4 A DISTANCE OF 2416.59 FEET TO THE POINT OF BEGINNING; THENCE S 88 °42'04 "W A DISTANCE OF 255.00 FEET; THENCE N 01 *56'53 "W A DISTANCE OF 100.00 FEET TO THE SOUTHERLY RAILROAD RIGHT -OF -WAY; THENCE N 88 °42'04'E ALONG THE SOUTHERLY RAILROAD RIGHT -OF -WAY A DISTANCE OF 255.00 FEET TO THE EAST LINE OF SAID SE /4; THENCE S 01 056'53 "E A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.585 ACRES MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate and the same is hereby zoned AG (AGRICULTURAL). SECTION TWO (1): That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Four thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION THREE (2): All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (3): 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 FIVE (4): The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (5): That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 6th day of October, 2015. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney OA 15 -05 1" = 752 ft Annexation 08/11/2015 •01, L �`a`✓ �j 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. OT City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Chief Urban and Long Range Planner SUBJECT: Ordinance 1062 DATE: October 2, 2015 BACKGROUND: On September 15, 2015, the City Council considered the annexation (OA- 15 -06) for an 11.44 acre tract located in Section 30, Township 21 North, Range 14 East and Section 25 of Township 21 North, Range 13 East. The Council voted unanimously to approve the annexation of the property with an AG (Agriculture) zoning designation. The attached ordinance officially annexes the subject property, affirming the action taken by the City Council on September 15, 2015. RECOMMENDATION: Staff recommends approval of Ordinance 1062 approving the annexation of property located at the above described location. ATTACHMENTS: Ordinance 1062 Boundary Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1062 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 13 EAST AND SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD FOUR OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation the property referenced in application OA- 15 -06. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land located in the East Half (E /2) of the Southeast Quarter (SE /4) of Section Twenty -Five (25) of Township Twenty -One (21) North and Range Thirteen (13) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof Tulsa County, State of Oklahoma; Being more particularly described as follows: COMMENCING AT THE SE CORNER OF THE SE /4 OF SECTION 25, T -21 -N, R -13 -E, I.B. &M.; THENCE N 01'56'53 "W ALONG THE EAST LINE OF THE SAID SE /4 A DISTANCE OF 70.00' TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF EAST 76Th STREET NORTH, THENCE N 01 °56'53 "W CONTINUING ALONG SAID EAST LINE OF THE SE /4 A DISTANCE OF 1001.46 FEET TO THE POINT OF BEGINNING, THENCE S 88 °39'54 "W PARALLEL TO THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 287.74 FEET, THENCE N 01056'53 "W PARALLEL TO EAST LINE OF SAID SE /4 A DISTANCE OF 530.00 FEET, THENCE N 88 °39'54 "E PARALLEL TO THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 260.00 FEET, THENCE N 01 °56'53 "W PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 415.00 FEET, THENCE S 88 °39'54 "W PARALLEL TO THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 210.00 FEET, THENCE N 22 °22'12 "W A DISTANCE OF 455.73 FEET, THENCE N 01 °56'53 "W PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERN KANSAS & OKLAHOMA RAILROAD RIGHT -OF -WAY, THENCE N 88 042'04 "E FOLLOWING SAID RAILROAD RIGHT -OF -WAY UNTIL NOTED OTHERWISE A DISTANCE OF 126.19 FEET, THENCE S 01 °17'56 "E A DISTANCE OF 25.00 FEET, THENCE N 88 °42'04 "E A DISTANCE OF 16.26 FEET, THENCE S 01 °56'53 "E EXITING SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 100.00 FEET, THENCE N 88 °42'04 "E A DISTANCE OF 255.00 FEET TO A POINT ON THE EAST LINE OF SAID SE /4, THENCE S 01 °56'53 "E ALONG THE EAST LINE OF SAID SE /4 A DISTANCE OF 1345.14 FEET TO THE POINT OF BEGINNING, AND CONTAINING 7.03 ACRES MORE OR LESS. me A tract of land located in the Northeast Quarter (NE /4) of the Southwest Quarter (SW /4) of Section Thirty (30) of Township Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof Tulsa County, State of Oklahoma; Being more particularly described as follows: COMMENCING AT THE SW CORNER OF THE SW /4 OF SECTION 30, T -21 -N, R -14 -E, I.B. &M.; THENCE N 01 °56'53 "W ALONG THE WEST LINE OF SAID SW /4 A DISTANCE OF 70.00 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF EAST 76th STREET NORTH, THENCE N 01 °56'53 "W CONTINUING ALONG THE WEST LINE OF SAID SW /4 A DISTANCE OF 1429.18 FEET TO THE POINT OF BEGINNING, THENCE N 88 °39'54 "E PARALLEL TO THE SOUTH LINE OF SAID SW /4 A DISTANCE OF 209.69 FEET, THENCE N 01 056'53 "W PARALLEL TO THE WEST LINE OF SAID SW /4 A DISTANCE OF 917.28 FEET, THENCE S 88 °42'04 "W A DISTANCE OF 209.47 FEET TO A POINT ON THE WEST LINE OF SAID SW /4, THENCE S 01 °56'53 "E ALONG THE WEST LINE OF SAID SW /4 A DISTANCE OF 917.40 FEET TO THE POINT OF BEGINNING, AND CONTAINING 4.41 ACRES, MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate and the same is hereby zoned AG (AGRICULTURAL). SECTION TWO (1): That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Four thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION THREE (2): All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (3): 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 FIVE (4): The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (5): That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 61h day of October, 2015. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney OA 15 -06 E.a3Tt� ' Legend � � I I 1 � I ' rci ��my a, d.: ��� I y StreeWames ' — Centedines �� If Parcels - - - -- I; / - Rogers Parcels Fencellne City Limits I I i I 1L I i i i I I y � ids- - `i l 400m ,1I u 1" = 752 ft Annexation 08/19/2015 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. The C-iy Wit out Lim ifs. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Chief Urban and Long Range Planner SUBJECT: Ordinance 1063 DATE: October 2, 2015 BACKGROUND On September 15, 2015, the City Council considered the annexation (OA- 15 -07) for a 29.16 acre tract located in Section 25 of Township 21 North Range 13 East. The Council voted unanimously to approve the annexation of the property with an AG (Agriculture) zoning designation. The attached ordinance officially annexes the subject property, affirming the action taken by the City Council on September 15, 2015. RECOMMENDATION: Staff recommends approval of Ordinance 1063 approving the annexation of property located at the above described location. ATTACHMENTS: Ordinance 1063 Boundary Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1063 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. 8, M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD FOUR OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation the property referenced in application OA- 15 -07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land located in the Southeast Quarter (SE /4) of Section Twenty -Five (25) of Township Twenty -One (21) North and Range Thirteen (13) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof Tulsa County, State of Oklahoma; Being more particularly described as follows: COMMENCING AT THE SE CORNER OF THE SE /4 OF SEC. 25, T -21 -N, R -13 -E, I.B. & M.; THENCE S 88 °39'54 "W ALONG THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 1052.15 FEET, THENCE N 1 °49111 "W A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING, THENCE N 1 °56'53 "W PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 380.00 FEET, THENCE N 58 °48'05 "E A DISTANCE OF 475.00 FEET, THENCE N 41 °20'59 "E A DISTANCE OF 510.00 FEET, THENCE N 01 °56'53 "W PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 530.00 FEET, THENCE N 88 °39'54" E PARALLEL TO THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 260.00 FEET, THENCE N 01 °56'53 "W PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 415.00 FEET, THENCE 5 88 °39'54" W PARALLEL TO THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 210.00 FEET, THENCE N 22 °22'12" W A DISTANCE OF 455.73 FEET, THENCE N 01 °56'53 "W PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERN KANSAS & OKLAHOMA RAILROAD RIGHT -OF -WAY, THENCE S 88 °42'04 "W ALONG SAID RAILROAD RIGHT - OF -WAY A DISTANCE OF 625.00 FEET, THENCE S01 °56'53" E PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 735.00 FEET, THENCE N 88 °39'54" E PARALLEL TO THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 634.00 FEET, THENCE S 01 °56'53 "E PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 695.00 FEET, THENCE S 41 °20'59 "W A DISTANCE OF 455.00', THENCE S 58 °48'05" W A DISTANCE OF 518.21 FEET, THENCE S01- 56'53" E PARALLEL TO THE EAST LINE OF SAID SE /4 A DISTANCE OF 439.70 FEET,THENCE N 88 °39'54" E PARALLEL TO THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 19.18 ACRES, MORE OR LESS. A tract of land located in the Southwest Quarter (SW /4) of the Southeast Quarter (SE /4) of the Northeast Quarter (NE /4) of Section Twenty -Five (25) of Township Twenty -One (21) North and Range Thirteen (13) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof Tulsa County, State of Oklahoma; Being more particularly described as follows: COMMENCING AT THE SE CORNER OF THE SE /4 OF SECTION 25, T -21 -N, R -13 -E, I.B. &M.; THENCE S 88 °39'54" W ALONG THE SOUTH LINE OF SAID SE /4 A DISTANCE OF 1322.17 FEET TO THE SW CORNER OF THE E/2 OF SAID SE /4; THENCE N 01'49'11" W A DISTANCE OF 2642.37 FEET TO THE POINT OF BEGINNING BEING THE SW CORNER OF THE SE /4 OF THE NE /4 OF SAID SECTION 25 LOCATED ON THE PRESENT NORTHERLY RAILROAD RIGHT -OF -WAY; THENCE N 01 °50'09" W A DISTANCE OF 661.02 FEET TO A POINT ON THE WEST LINE OF THE SW /4, SE /4, OF THE NE /4, THENCE N 88 °41'55 "E A DISTANCE OF 657.48 FEET, THENCE S 01 °53'31" E A DISTANCE OF 330.52 FEET, THENCE 5 01 °50'09" E A DISTANCE OF 330.53 FEET TO A POINT ON THE SOUTH LINE OF THE NE /4 ALSO THE SOUTHERN KANSAS & OKLAHOMA RAILROAD RIGHT -OF -WAY, THENCE S 88 °42'50 "W ALONG SAID RAILROAD RIGHT -OF -WAY A DISTANCE OF 657.80 FEET TO THE POINT OF BEGINNING, AND CONTAINING 9.98 ACRES, MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate and the same is hereby zoned AG (AGRICULTURAL). SECTION TWO (1): That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Four thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION THREE (2): All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (3): 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 FIVE (4): The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (5): That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 6th day of October, 2015. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL( APPROVED AS TO FORM: Julie Lombardi, City Attorney OA 15 -07 1" = 752 ft Annexation 08/11/2015 s his map represents a visual display of related geographic informatlon. Data provided hereon Is not a guarantee of actual field conditions. To be sure of complete accuracy. I please contact Owasso staff for the most up-to -date Information. The City Wit ouf limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Tulsa County Board of Adjustment Case CBOA -2550 DATE: October 2, 2015 BACKGROUND: The City of Owasso received notice of upcoming Tulsa County Board of Adjustment case CBOA- 2550 requesting a Special Exception to permit mining and quarrying in an AG (Agricultural) District located at the NW corner of E 661h St N & N 145th E Ave. An existing quarry owned by Anchor Stone has been in operation to the east of the subject property for many years. Anchor Stone has tried to expand the quarry in recent years, but was unsuccessful. Beginning in the 2003, Anchor Stone tried to expand the existing quarry operations to the east (within Rogers County). The application was denied by the Rogers Board of County Commissioners, with a lawsuit of Anchor Stone vs. Board of County Commissioners as a result. The lawsuit continued for many years but was dropped in 2007 when the plans for the Stone Canyon development began and the land was purchased by the developers. The surrounding community came out in great numbers to fight the quarry expansion to the east and north due to impacts on their homes and their quality of life (blasting, dust, noise, etc.). ANALYSIS In July 2014, the City of Owasso adopted its new long range master plan, named GrOwasso 2030. This plan, which took 18 months to develop, involved significant public input as well as interviews with various stakeholders in the Community. The area in question was identified for residential uses based on the input received and pending residential projects in this area of Owasso and solid planning principles. Additionally, discussions with Anchor Stone during this time revealed they had no plans for expansion, would mine their existing property for another 30 years and close an eastern section of the quarry approximately 80 acres in size, which would be allowed to fill with water with eventual use as a recreation amenity dedicated to the City of Owasso. Years of discussion with Anchor Stone revealed that they would not expand beyond their current boundaries and Owasso has planned and developed accordingly. While the subject property lies outside the Owasso City Limits, we have some serious concerns about the negative impacts the expansion will promote. • The proposed expansion does not conform to Owasso's adopted GrOwasso 2030 Land Use Master Plan, as the area is called out for residential uses not industrial uses as the quarrying operation would introduce. Residential uses are the lowest possible impact uses and this area is called out for these types of uses. Expansion of intrusive industrial type uses is the highest and most intense possible uses, directly violating Owasso's fenceline's adopted land use plan. • The City recently completed a $5.5 million sanitary sewer interceptor line expansion in this vicinity in preparation for expanded and more intense residential uses. The sanitary sewer line was setup as a payback in which developers of residential property would pay a fee back to the City based on the acreage developed. The City has already had one instance in which a 200 plus lot development was canceled after the developer heard of the potential quarry expansion. • Expanding the quarry will make it increasingly difficult to develop this area for residential uses and cost the City millions of dollars in lost revenue and development. Development of the subject property as a rock quarry will severely impact potential residential development in this area and will further negatively impact the existing residential uses in Tulsa and Rogers County, and Owasso City limits. • The quarry expansion will cause negative impacts to area residents from blasting, truck traffic, noise, and dust. Per Section 43 -113, Chapter 1, Title 11 of the State Statues, specific use permits "shall be viewed as to its probable effect on adjacent properties and community welfare." Approval of this type of harmful use would cause a great negative impact on the surrounding area and the community as a whole. • Further, the expansion will devalue private property near the expansion location. Real estate prices in the area already reflect the negative impact that the quarry has on homes. • The City of Owasso has been told on numerous occasions by Anchor Stone that the quarry would not expand any further than its current operation limits. The City views the proposed application as a violation of the established trust in this regard. This expansion is substantial and will have a dramatic impact on this part of the county as well as the City of Owasso. • Based on a map of the proposed expansion boundary, it appears that there will be significant disturbances to aquatic habitats as several ponds and a stream will be eliminated by the expansion. RECOMMENDATION: Staff recommends approval of the Resolution 2015 -20, opposing the quarry expansion. ATTACHMENTS: Resolution 2015 -20 Meeting Notice from INCOG Area Map Aerial Map OWASSO CITY COUNCIL RESOLUTION 2015 -20 A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA OPPOSING TULSA COUNTY BOARD OF ADJUSTMENT CASE CBOA -2550, SPECIAL EXCEPTION TO PERMIT MINING AND QUARRYING IN THE AG DISTRICT, NW OF THE INTERSECTION OF E 66TH ST N & N 145TH E AVE. WHEREAS, Roy Johnsen, representing the Anchor Stone, who operates the existing quarry located at the NE corner of E66th St N & N 145th E Ave is proposing to expand the quarry operations westward into approximately 47 acres of agricultural land located in Tulsa County, with the City of Owasso fenceline; and, WHEREAS, the application is in direct violation of the City of Owasso's adopted GrOwasso 2030 Land Use Master Plan that calls for this area to be used only for single - family and agricultural uses; and, WHEREAS, the City of Owasso made a significant monetary investment for infrastructure in the area to allow for the development of single - family homes, which would be harmed by approval of this application; and, WHEREAS, the request submitted would directly result in the de- valuation of existing homes and significant pending development both in Tulsa County and Owasso City Limits. WHEREAS, the request submitted would reduce the quality of life in Owasso and cause long lasting environmental and social impacts to Tulsa County and Owasso residents. NOW THEREFORE, BE IT RESOLVED by the City Council of Owasso, that the City of Owasso opposes Tulsa County Board of Adjustment Case CBOA -2550. APPROVED AND ADOPTED this the 6th day of October, 2015. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENT COUNTY OF TULSA, OKLAHOMA CASE NUMBER: CBOA -2550 Notice is hereby given that a public hearing will be held before the Board of Adjustment to consider the following application. All persons interested in this matter may attend this hearing and present their objections to or arguments for the request. APPLICANT: Roy Johnsen (918.585.5641 / rdj @rjohnsenlaw.com) ACTION REQUESTED: Special Exception to permit mining and quarrying (Use Unit 24) in the AG District (Section 310, Table 1). LOCATION: NW of the intersection of E 66th ST N & N 145'" East Ave PROPERTY LEGAL A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SEA) OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN IN TULSA COUNTY, OKLAHOMA. AND MORE PARTICULARLY l� DESCRIPTION: DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SEM); THENCE S 00'0030" E AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER (SE14) A DISTANCE OF 1172.47 FEET; THENCE N 89'2952" W A DISTANCE OF 1035.24 FEET; THENCE S 0024'16' W A DISTANCE OF 407.68 FEET; THENCE N N'WW W A DISTANCE OF 99.79 FEET; THENCE S 0121'52" W A DISTANCE OF 28.51 FEET; THENCE N 89.5713" W A DISTANCE OF 596.09 FEET; THENCE N 00'23'26' E A DISTANCE OF 937.88 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (S2 NW /4 SEIM); THENCE N 8936'07' E AND ALONG SAID NORTH LINE A DISTANCE OF 405.85 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (E2 SE14); THENCE N 0010277" E AND ALONG SAID WEST LINE A DISTANCE OF 659.67 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER (SEM); THENCE N 89.55'04" E AND ALONG SAID NORTH LINE A DISTANCE OF 1322.90 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 2,048,703.32 SQUARE FEET 147.032 ACRES. THE BEARING BASE FOR SAID TRACT 19 S 00.0030' E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN IN TULSA COUNTY, OKLAHOMA PRESENT ZONING HEARING DATE: The meeting will be held at: AG Tuesday, 10/20/2015 1:30 PM COUNTY COMMISSION MEETING ROOM ROOM 119, COUNTY ADMINISTRATION BUILDING 500 SOUTH DENVER AVENUE TULSA, OKLAHOMA CBOA Staff Contact: Nikita Moye at (918)579.9437/ nmove(a)incog.orci OR Land Regulation Specialist at (918) 584 -7526/ esubmitna incoa.org To view the submitted application visit: www. countvoftuisa- boa.org /CBOAICBOA- 2550.pdf REVISEDSR5 015 CBOA - 2550 1" = 1,505 ft CC 10/01/2015 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. t7 Q IZ Feet 0 300 600 Fxe- AG ��Jx�iTfi :7[•3� CBOA -2550 21-1433 AG ROGERS COUNTY ZONNG IS NOT AVAILABLE IN THIS AREA. LEGEND = Owasso Corporate Limits 3W IF In d---------------- 1 1 1 1 w 1 A 1 n 1 2 1 1 1 1 1 12S -3 w---- - - -- -- PUD -05 -01 1 1 1 1 e t7 Q IZ Feet 0 300 600 Fxe- AG ��Jx�iTfi :7[•3� CBOA -2550 21-1433 AG ROGERS COUNTY ZONNG IS NOT AVAILABLE IN THIS AREA. LEGEND = Owasso Corporate Limits 3W IF In CBOA - 2550 .l 1" = 1.505 ft CC 10/01/2015 9 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. nTity Wit out Li mi iz. TO: The Honorable Mayor and City Council City of Owasso FROM: Teresa Willson Information Technology Director SUBJECT: Capital Improvements Project Determination Resolution 2015 -17 DATE: October 2, 2015 BACKGROUND: Adopted by the City Council in September 2003, Resolution 2003 -14 defines the process to amend the Priority Determination of projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third -penny sales tax. Simply stated, this process amends the current list of Capital Improvement projects. The Capital Improvements Committee conducted a public meeting on September 10, 2015, to consider a proposed amendment to the list of projects proposed to be funded by the third - penny sales tax. Three improvement projects are being proposed at this time to be placed on the list of projects eligible for Capital Improvement Funding. Garnett Road Widening IF 106 St N to E 116 St N) E 106 St N and N 145 E Ave Intersection Improvements E 96 St N and N 145 E Ave Intersection Improvements Each of the projects is identified in the recently adopted Transportation Master Plan as needing to be completed by 2020 to meet the needs of the community based on anticipated growth. At the conclusion of the meeting, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the project list to include the proposed transportation projects. The City Council conducted a public hearing on the 151h of September, 2015, in accordance with Resolution 2003 -14, to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Any action taken by the City Council to amend the current list of projects must be made by adopting a resolution. CURRENT PROJECT PRIORITIES: Adopted May 5, 2015, Resolution 2015 -09 designated the following list of projects as eligible for funding from the Capital Improvements Fund: • East 861h Street North Widening Project (Main to Memorial) • East 106th Street North and North Garnett Road Intersection Improvements • East and West Service Roads between E. 66th Street North and E. 1261h Street North • East 7&h Street North Widening Project from Hwy 169 to N. 129th East Avenue • Sports Park • Vehicle Maintenance Facility • Main Police Station /City Hall • Annual Street Rehabilitation Program • Garnett Road Widening Project from E. 961h Street North to E. 1061h Street North • Elm Creek Park Improvements • Transportation Master Plan • East 116 Street North and North 129 East Avenue Intersection Improvements • Intersection Traffic Signal Improvements Highway 20 and North 140 East Avenue • Replacement Fire Engine • Radio System Upgrade TRANSPORTATION PROJECTS: Each of the proposed projects has been identified in the recently adopted Transportation Master Plan (TMP) as projects that should be completed by 2020. The TMP takes into account many factors, including the anticipated growth of Owasso. Garnett Road Widening, from East 106 Street North to East 116 Street North - The two lane primary roadway is a heavily trafficked area that conveys residential and commercial traffic, as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic and is significant in the distribution of traffic to and from Collinsville and to commercial areas in Owasso. Currently, this particular segment of Garnett Road has approximately 9,700 vehicles per day traveling to and from Owasso. Intersection at East 106 Street North and North 145 East Avenue - The two lane non - urbanized intersection with a four -way stop is a heavily trafficked area that conveys residential and commercial traffic as well as commuter traffic to and from Owasso. Currently, this intersection has approximately 8,836 vehicles per day traveling East /Westbound and 3,940 vehicles per day traveling North /Southbound. Intersection at East 96 Street North and North 145 East Avenue - The two lane non - urbanized intersection with a four -way stop is a heavily trafficked area that conveys residential and commercial traffic as well as commuter traffic to and from Owasso. Currently, this intersection has approximately 7,345 vehicles per day traveling East /Westbound and 4,590 vehicles per day traveling North /Southbound. Staff intends to seek funding for this project through Oklahoma Department of Transportation, which would cover 807o of the project costs. Staff also intends to seek funding through Rogers County to cover one half of the remaining project costs. RECOMMENDATION: Staff recommends adoption of Resolution 2015 -17 amending the Capital Improvement Project list to include Garnett Road Widening (E 106 St N to E 1 16 St N) E 106 St N and N 145 E Ave Intersection Improvements E 96 St N and N 145 E Ave Intersection Improvements ATTACHMENTS: Resolution 2015 -17 Memoranda dated September 8, 2015, to Owasso Capital Improvement Committee for: Garnett Road Widening (E 106 St N to E 116 St N) E 106 St N and N 145 E Ave Intersection Improvements E 96 St N and N 145 E Ave Intersection Improvements CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE PRIORITY DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS ELIGIBLE FOR FUNDING FROM THE CAPITAL IMPROVEMENTS FUND. WHEREAS, on the 14 +h day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance Number 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as eligible for funding from the Capital Improvement Fund: East 86th Street North Widening Project (Main to Memorial) East 1061h Street North and North Garnett Road Intersection Improvements East and West Service Roads between E. 60h Street North and E. 126th Street North East 76th Street North Widening Project from Hwy 169 to N. 1291h East Avenue Sports Park Vehicle Maintenance Facility Main Police Station /City Hall Annual Street Rehabilitation Program Garnett Road Widening Project from E. 961h Street North to E. 106th Street North Elm Creek Park Improvements Transportation Master Plan East 116 Street North and North 129 East Avenue Intersection Improvements Intersection Traffic Signal Improvements Highway 20 and North 140 East Avenue Replacement Fire Engine Radio System Upgrade WHEREAS, the City Council, after having received a recommendation from the Capital Improvements Committee that the following be included in the projects list: Widening of Garnett Road from East 106 Street North to East 116 Street North Intersection Improvements at East 106 Street North and North 145 East Avenue Intersection Improvements at East 96 Street North and North 145 East Avenue and after properly notifying the Public in accordance with Resolution No. 2003 -14, has held a Public Hearing on Tuesday, September 15, 2015, as required by the aforesaid resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Capital Projects heretofore designated as priority be amended by including, to -wit: Widening of Garnett Road from East 106 Street North to East 116 Street North Intersection Improvements at East 106 Street North and North 145 East Avenue Intersection Improvements at East 96 Street North and North 145 East Avenue is hereby approved and shall be considered as capital projects for funding from the Capital Improvements Fund. ATTEST: Sherry Bishop, City Clerk DATED this bah day of October, 2015 Jeri Moberly, Mayor APPROVED AS TO FORM: Julie Lombardi, City Attorney The Cit�Xw—?t- f Limits. TO: Capital Improvements Committee City of Owasso From: Roger Stevens Public Works Director Subject: Garnett Road Widening Improvements from East 106 Street North to East 116 Street North Date: September 8, 2015 BACKGROUND: The two lane primary roadway is a heavily trafficked area that conveys residential and commercial traffic, as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic and is significant in the distribution of traffic to and from Collinsville and to commercial areas in Owasso. Currently, this particular segment of Garnett Road has approximately 9,700 vehicles per day traveling to and from Owasso. Lastly, the Transportation Master Plan recommends this roadway be improved by FY 2020. SCOPE OF WORK: The proposed roadway improvements would include four lanes, plus a left turn lane to access other public streets. In addition with "Complete Streets" in mind, the design would include a boulevard concept with landscaping, bicycle lanes and sidewalk. The estimated project cost is $7.9 million which includes engineering, land acquisition, utility relocation and construction costs. FUNDING: Funding for the improvements is proposed for the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval to submit a recommendation to the Owasso City Council amending the Capital Improvement project list to include roadway improvements on Garnett Road between East 106 Street North and East 116 Street North. ATTACHMENT: Site Map F r'�. ♦ � � � � X11, - • _ .,,..,. �� QIIIIIIIIp 111/ ■_11111 ►� 11111■ � �� ��� �Y //1 Mill rs RK CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com GARNETT ROAD IMPROVEMENTS FROM E 106th STREET N to E 116th STREET N LOCATION MAP I: ME W /M/*ZM s The Ciiy Wit out Limits_ TO: Capital Improvements Committee City of Owasso From: Roger Stevens Public Works Director Subject: East 1065treet North /North 145 East Avenue Intersection Improvements Date: September 8, 2015 BACKGROUND The two lane non - urbanized intersection with a four -way stop is a heavily trafficked area that conveys residential and commercial, traffic as well as commuter traffic to and from Owasso. Currently, this intersection has approximately 8,836 vehicles per day traveling East /Westbound and 3,940 vehicles per day traveling North /Southbound. Last of all, the Transportation Master Plan recommends this roadway be improved by FY 2020. SCOPE OF WORK: The proposed intersection improvements would include five lanes on all legs of the intersection. The roadway improvements will extend in each direction nearly 700 feet from the intersection. The storage bays for each left turn lane will be 250 feet. The intersection will be signalized. The estimated project cost is $2.6 million which includes engineering, land acquisition, utility relocation and construction costs. FUNDING: Funding for the improvements is proposed for the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval to submit a recommendation to the Owasso City Council amending the Capital Improvement project list to include intersection improvements at East 106 Street North /North 145 East Avenue. ATTACHMENT: Site Map CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com E 106th STREET N & N 145TH E AVE INTERSECTION LOCATION MAP N W-1 E S N /M/=s 4•,, F< . TO: Capital Improvements Committee City of Owasso From: Roger Stevens Public Works Director Subject: East 96 Street North /North 145 East Avenue Intersection Improvements Date: September 8, 2015 BACKGROUND: The two lane non - urbanized intersection with a four -way stop is a heavily trafficked area that conveys residential and commercial, traffic as well as commuter traffic to and from Owasso. Currently, this intersection has approximately 7,345 vehicles per day traveling East /Westbound and 4,590 vehicles per day traveling North /Southbound. In conclusion, the Transportation Master Plan recommends this intersection be improved by FY 2020. SCOPE OF WORK: The proposed intersection improvements would include five lanes on all legs of the intersection. The roadway improvements will extend in each direction nearly 700 feet from the intersection. The storage bays for each left turn lane will be 250 feet. The intersection will be signalized. The estimated project cost is $4.3 million which includes engineering, land acquisition, utility relocation, construction costs and inflation. FUNDING: ODOT funding for this project will be sought through the Surface Transportation Program, which will fund 80% of eligible project costs, while the local government funds the remaining 20 %. Based upon this information, the following is an estimate of the cost distribution: Project Segment Estimate ($ millions) ODOT ($ millions) City y of Owasso Portion Construction $2.604 $2.083 $0.521 Const. Admin. $.208 $0.166 $0.042 Right -of -Way $0.600 $0.00 $0.600 Utility Relocation $0.766 $0.00 $0.766 Professional Fees $0.208 $0.00 $0.208 Total Project Cost $4.386 $2.24 $2.137 RECOMMENDATION: Staff recommends approval to submit a recommendation to the Owasso City Council amending the Capital Improvement project list to include intersection improvements at East 96 Street North /North 145 East Avenue. ATTACHMENT: Site Map CITY OWASSO P.. O. 180 E 96th STREET N Owasso, OK 74055 918.272.4959 & N 145TH E AVE www.cityofowasso.com INTERSECTION LOCATION MAP W/m/zme The City Witioul Limits. TO: The Honorable Mayor and Council City Of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Application for STP Funds 961h Street North/] 45th East Avenue Intersection Improvements DATE: October 2, 2015 BACKGROUND: The intersection at 961h Street North/] 451h East Avenue is owned and maintained by Tulsa County with 96th Street N east of the intersection being owned and maintained by Rogers County. It is currently the one of the most heavily traveled unimproved intersections in the Owasso area. Traffic counts in this area are tabulated below along with the projected counts for 2016 from a 2006 Traffic Analysis. Location Daily Traffic Daily Traffic Daily Traffic Daily Traffic Volume Volume Volume Volume (Projected (Vehicles per (Vehicles per (Vehicles per 2016 ADT) day 2015 ADT) day 2012 ADT) day 2006 ADT) 145th East Avenue, south of 96th Street 6,392 6,757 5,543 3,400 North 145th East Avenue, north of 96th Street 4,512 4,991 4,058 2,400 North 96th Street North, east of 145th East 8,460 5,764 4,891 4,500 Avenue 96th Street North, west of 145th East 10,904 8,925 7,530 5,800 Avenue 2015 data is showing an 18 % -23% increase in traffic from 2012 for the four legs of the intersection. Both legs of 1451h East Avenue have already exceeded what was projected by 2016 in a 2006 Traffic Analysis. In 2006, it was projected that the intersection would be a level -of- service "F" by 2016 based on the projected traffic flows and that the 4 -way stop control would have to be abandoned long before that time. The 4 -way stop is still the control for the intersection and it is estimated that both legs of 1451h East Avenue have already exceeded the 2016 projected traffic flows. For perspective, a level -of- service "C" is a good operation for an intersection and it is normally considered acceptable in urban areas to have a level -of- service "D" during peak periods, but not below at a level -of- service "E" or "F ". The 2006 Traffic Analysis stated that the intersection capacity would need to increase within three years. The improvements should be planned as such that it handles the determined future 10 -year traffic growth of the area so as not to require an additional project for additional improvements within a few short years. While the traffic counts have not reached the 10 -year projections on the 961h Street North legs, the traffic counts on the 1451h East Avenue legs already have exceeded the 10 -year growth projections. Furthermore, the current have surpassed the projections 3 -year years sooner than anticipated, putting it well behind schedule for immediate improvement needs. Owasso staff has prepared a conceptual plan and preliminary design report that will be submitted to INCOG for FY 2019 Surface Transportation Program (STP) funds. These funds are made available on an annual basis by the Federal Highway Administration (FHWA), through the Oklahoma Department of Transportation (ODOT), for the implementation of eligible transportation improvements in the Tulsa Urbanized Area. INCOG administers the grant funding and has established a selection process for the distribution of STP funds. Priority funding is given to projects that meet federal regulations and help advance the Regional Transportation Plan through safety improvements and to projects that reduce traffic congestion. Proposed projects are evaluated for eligibility and priority based on a 100 - point rating system. On August 1, 2015, INCOG solicited for STP funding applications with a submittal deadline of October 16, 2015. PROPOSED RESOLUTION FOR CONSTRUCTION PHASE: Similar to the process utilized in obtaining federal funding assistance for the E 106th St N and N 1291h East Ave Intersection Improvements, a resolution is necessary in order to complete the application process. The 2015 application will request federal funding assistance for the construction of the roadway improvements. If this project is selected in December 2015, the funding for construction will be targeted in FY 2019 or sooner, depending on funding availability. CONCEPTUAL DESIGN SUMMARY: Both 9611, Street North and 145th East Avenue are considered secondary arterials in Owasso. The intersection is a heavily used roadway that conveys residential, commercial and school traffic in the area, as well as commuter traffic to and from Owasso. The intersection is within one mile of Northeast Elementary to the north and Pamela Hodson Elementary to the south. It is also just a mile east of Owasso's heaviest commercial shopping activity, one of the busiest in suburban Tulsa. The intersection is one mile east of the most used access from and to US Highway 169 in Owasso and 2 miles south of State Highway 20. The proposed lane configuration is a 6 -lane roadway section including 2 -lanes in each direction with left and right turn lanes to expedite turning movements. Also included are sidewalks on each side of the intersection. Based on the conceptual design, the anticipated cost for construction of the proposed roadway improvements and construction administration is $2,812,000. Staff agrees that paying for Phase I (engineering design, right -of -way and utility relocations) locally and requesting ODOT funding to contribute to Phase II (construction) allows us the best chance of obtaining funding. This has been a successful formula for the last four years. ODOT funding for this project would be through the Surface Transportation Program, which would fund 80% of eligible construction costs, including administration during construction, while the local government funds 20 %. Based upon this information, the following is an estimate of the cost distribution: Project Segment Estimate ($x1000) ODOT Portion ($x1000) City of Owasso Portion x1000 Construction $2.604 $2.083 $0.521 Const. Administration $0.208 $0.166 $0.042 Utility Relocation $0.600 $0.000 $0.600 Right -of -way $0.766 $0.000 $0.766 Engineering $0.208 $0.000 $0.208 Total Project Cost $4.386 $2.249 $2.137 RECOMMENDATION: Staff recommends approval of Resolution 2015 -16 requesting ODOT to consider the construction phase of the E 96th St N and N 145th E Ave Intersection Improvements as a candidate for federal funding assistance through the Surface Transportation Program, ATTACHMENTS: Resolution 2015 -16 Location Map CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE MAYOR TO EXECUTE A RESOLUTION SUBMITTING AN APPLICATION FOR FUNDING BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE EAST 96TH STREET NORTH AND NORTH 145TH EAST AVENUE INTERSECTION IMPROVEMENTS. WHEREAS, Surface Transportation Program Urbanized Area funds have been made available for transportation improvements within the Tulsa Transportation Management Area: and WHEREAS, The City of Owasso has selected a project described as follows: The Intersection Improvements at East 96th Street North and North 1451h East Avenue Owasso Oklahoma; and WHEREAS, the selected project is consistent with the local comprehensive plan, including applicable Major Street and Highway Plan Element, and the Regional Transportation Plan; and WHEREAS, the engineer's preliminary estimate of cost is $2,812,000, and Federal participation under the terms of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU) relating to Surface Transportation Program Urbanized Area funds are hereby requested for funding of 80 percent of the project cost; and WHEREAS, the City of Owasso proposes to match Owasso CIP funds for the 20% balance of the project costs; and WHEREAS, the City of Owasso will arrange a qualified Engineer licensed in the state of Oklahoma to furnish professional services in the preparation of detailed plans, specifications and estimates; and WHEREAS, the City of Owasso agrees to provide for satisfactory maintenance after completion, and to furnish the necessary right -of -way clear and unobstructed; and WHEREAS, the City of Owasso has required matching funds available and further agrees to deposit with the Oklahoma Department of Transportation said matching funds within thirty (30) days after approval by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED: That the Indian Nations Council of Governments is hereby requested to program this project into the Transportation Improvement Program for the Tulsa Transportation Management Area; and BE IT FURTHER RESOLVED: That upon inclusion in the Transportation Improvement Program, the Oklahoma Transportation Commission is hereby requested to concur in the programming and selection of this project and to submit the same to the Federal Highway Administration for its approval. NOW, THEREFORE, it is hereby resolved that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of OWASSO. ADOPTED this 6th day of October, 2015. Jeri Moberly, Mayor Attest: Sherry Bishop, City Clerk Julie Lombardi, City Attorney CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com E 96th STREET N & N 145TH E AVE INTERSECTION LOCATION MAP The city Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Revenue Anticipation Note Financing for Purchase of Police Vehicles and Equipment DATE: October 2, 2015 BACKGROUND: The issuance of and investment in a Revenue Anticipation Note (RAN) has been used in the past as a method to finance capital needs of the city. The police department budget for FY 2016 anticipated the lease- purchase financing of police vehicles. However, the RAN method of financing would reduce the interest cost to the police budget and provide an interest income to the city. RAN FINANCING: The City of Owasso utilizes a "pooled" cash system for the receipt, disbursement and investment of funds. The Consolidated Cash Fund includes all cash for the city and the trust authorities. The total in the Consolidated Cash Fund varies throughout the year depending on cash flows and major expenditures. The current pooled cash balance is approximately $16 million. An investment option available to the City's Consolidated Cash Fund is a RAN issued by a trust authority of the City. A RAN offers advantages for both the Authority and the City. The Authority may borrow funds through a fairly simple process of a low interest rate and the City acquires a secure investment. Actions necessary to accomplish this financing method are: • Council approval of a Resolution authorizing the investment in a RAN of the OPWA. • OPWA Trustee approval of a Resolution authorizing the borrowing and issuance of a RAN. • OPWA Trustee approval of the transfer of the proceeds of the RAN from the OPWA to the Police Restricted Sales Tax Fund of the City. • Council and OPWA approval of budget amendments for the transfer of funds and the purchase of police vehicles. • Council approval of future fiscal year budgets transferring funds from the Police Restricted Sales Tax Fund to the OPWA for debt service payments on the RAN. The RAN will pay 2.0% interest to the Consolidated Cash Fund of the City on the balance of the funds drawn against the note. Annual payments will be November 1, 2017 and 2018. City Council Resolution 2015 -19: • Authorizes the City Treasurer to invest $330,000 in a RAN issued by the OPWA, • Approves the indebtedness of the OPWA by issuance of the RAN, • Authorizes the execution of documents by the Mayor, City Clerk and City Treasurer, and • Directs that interest earned on the RAN investment be prorated among the contributing funds in the City's Consolidated Cash Fund. OPWA Resolution 2015 -04: Approves the issuance, execution and delivery of the Agreement and the Revenue Anticipation Note, Authorizes the Chair and the Secretary to execute the Agreement and the Note and any other documents necessary to accomplish the issuance of the RAN, and Authorizes the transfer of proceeds of the Note to the Police Restricted Sales Tax Fund for the purchase of police vehicles and equipment. RECOMMENDATION: Staff recommends Council approval of Resolution 2015 -19 authorizing the investment in a Revenue Anticipation Note issued by the Owasso Public Works Authority and approving the indebtedness of the OPWA and authorizing execution of documents. ATTACHMENTS: City Resolution 2015 -19 Revenue Anticipation Note Loan Agreement CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE CITY TREASURER OF THE CITY OF OWASSO, OKLAHOMA, TO INVEST CERTAIN UNAPPROPRIATED AND UNENCUMBERED MONIES OF THE CITY OF OWASSO, OKLAHOMA, SURPLUS TO THE PRESENT NEEDS OF SAID CITY, IN A REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC WORKS AUTHORITY, AN OKLAHOMA PUBLIC TRUST, HAVING THE CITY OF OWASSO, OKLAHOMA, AS ITS BENEFICIARY, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THIRTY THOUSAND DOLLARS ($330,000), APPROVING THE OPWA INDEBTEDNESS AS REPRESENTED BY THE PROPOSED AGREEMENT AND REVENUE ANTICIPATION NOTE, AUTHORIZING THE MAYOR, OR VICE -MAYOR AS THE CASE MAY BE, CITY CLERK OR DEPUTY CITY CLERK, AS THE CASE MAY BE AND THE CITY TREASURER OR DEPUTY CITY TREASURER, AS THE CASE MAY BE, TO EXECUTE, DELIVER AND RECEIVE ANY AND ALL DOCUMENTATION, OR AMENDMENTS THERETO, BEING LAWFULLY NECESSARY TO ACCOMPLISH THE INVESTMENT PURPOSES SET FORTH HEREINAFTER WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that the City presently maintains funds that have reserves which have reached a level that would allow for investments of a significant nature and for long term investments that might produce a higher yield; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that investment opportunities are problematical due to legal restrictions placed upon the placement of public funds in the market; WHEREAS, the City Council of the City of Owasso, Oklahoma, has determined that the Owasso Public Works Authority, an Oklahoma Public Trust, having the City of Owasso, Oklahoma, as its beneficiary, has a present need to raise additional funds for the purchase of Owasso Police Vehicles and Equipment; WHEREAS, the City Council of the City of Owasso, Oklahoma, finds that a present need in the amount not to exceed Three Hundred Thirty Thousand Dollars ($330,000) exists on the part of the Owasso Public Works Authority, and that the Owasso Public Works Authority, is desirous of obtaining such funding from the City of Owasso, Oklahoma; and, WHEREAS, under the public finance provisions of the statutes of the State of Oklahoma, relating to municipal investment of funds, 68 O.S. Section 348.1 /Authorized Investments/ Disposition of Income, the City Treasurer of the City, when authorized by the City Council by written investment policy, ordinance or resolution, is authorized to invest monies in the custody of the City Treasurer in Revenue Anticipation Notes issued by a public trust for which such City is a beneficiary thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO -WIT: SECTION ONE. The City Treasurer of the City of Owasso, Oklahoma, is hereby authorized to invest certain unappropriated and unencumbered monies of the City of Owasso, Oklahoma, surplus to the present needs of said City, in the custody of the City Treasurer of the City of Owasso, Oklahoma, in a Revenue Anticipation Note to be issued by the Owasso Public Works Authority, an Oklahoma Public Trust having the City of Owasso, Oklahoma as its beneficiary, in an amount not to exceed Three Hundred Thirty Thousand Dollars ($330,000). The City Council of the City of Owasso, Oklahoma, hereby approves the OPWA indebtedness as represented by the proposed Agreement and Revenue Anticipation Note to be issued by the Owasso Public Works Authority, a copy thereof being attached hereto, made a part hereof and marked as Exhibit "A" SECTION TWO. The Mayor, or Vice -Mayor as the case may be, the City Clerk or the Deputy City Clerk as the case may be, and the City Treasurer or Deputy Treasurer as the case may be, of the City of Owasso, be and they hereby are, authorized and empowered for and on behalf of the City of Owasso, Oklahoma, to execute, deliver and receive the Agreement and Revenue Anticipation Note of the Owasso Public Works Authority exhibited hereto and such further agreements and documents and to take such actions as such officer or officers may deem necessary or desirable in order to carry out and perform the investment and to effect the purposes thereof and to consummate the transaction contemplated thereby. SECTION THREE. That in accordance with public finance provisions of the Statutes of the State of Oklahoma relating to municipal investment of funds, 68 O.S. Section 348.1(5), the income received by the City of Owasso from the investment herein contemplated shall be placed, on a pro rata basis as hereinafter set forth, in the Contributing Funds within the City of Owasso, Oklahoma Consolidated Cash Account. Such pro rata distribution of income shall be made on the percentage basis that the Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, bears to the Contributing Funds within the Consolidated Cash Account of the City of Owasso, Oklahoma. Any Contributing Fund within the Consolidated Cash Account of the City of Owasso, Oklahoma, subsequently closed by the City Council of the City of Owasso, Oklahoma, shall receive no further pro rata distributions of income. PASSED AND APPROVED this 61h day of October, 2015. CITY OF OWASSO, OKLAHOMA M ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Jeri Moberly, Mayor REVENUE ANTICIPATION NOTE OF THE OWASSO PUBLIC WORKS AUTHORITY Dated as of the 6th day of October, 2015 Owasso, Tulsa County, Oklahoma $330,000.00 FOR VALUE RECEIVED, the undersigned, Owasso Public Works Authority, an Oklahoma Public Trust, having the City of Owasso, as its beneficiary, its successors and assigns (collectively, the "Borrower "), promises to pay to the order of the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation, its successors and assigns (collectively, the "City ") at its principal office at 111 N. Main, Owasso, Tulsa County, Oklahoma 74055, or at such other place as may be designated in writing by the City, the principal sum of THREE HUNDRED THIRTY THOUSAND AND NO /100 DOLLARS ($330,000.00) or so much thereof as shall have been advanced hereon shall be due and payable on or before the Ist day of November, 2017. Interest on the unpaid portion of the principal balance computed from the date of each advance, until principal is paid in full, at the rate of two percent (2.0 %) per annum thereupon shall be due and payable on the 1st day of November until principal is paid in full. The Borrower may prepay this Note, in whole or in part, at any time prior to the due date hereof, without penalty. If any payment shall be due on a Saturday or Sunday or upon any banking holiday of the holder hereof, such payment shall be due and payable on the next succeeding banking day and interest shall accrue to such day. This Revenue Anticipation Note is the Revenue Anticipation Note referred to in that certain Loan dated as of the 6th day of October, 2015, by and between the Borrower and the City (the "City ") given and entered into to secure this note, the proceeds of which the City is loaning to the Borrower to finance the purchase of Police Vehicles and Equipment in Owasso, Tulsa County, Oklahoma. Except as may be herein otherwise specifically provided, the rights and obligations of the Borrower and the City arising by virtue of this Revenue Anticipation Note as well as the Agreement above referred to, shall be governed by the Agreement as if same were specifically incorporated herein, such Agreement surviving the issuance, execution and delivery of this Revenue Anticipation Note. The City may, at any time prior to the due date of payment of this Revenue Anticipation Note call for an early pre - payment in whole, or in part, if it is determined by the City, in its sole discretion, that the funds heretofore advanced pursuant to this Revenue Anticipation Note are needed by the City for its operations, governmental or proprietary, and the Borrower is afforded a reasonable opportunity to obtain reasonably satisfactory refinancing hereof. All parties (makers, sureties, guarantors and all others now or hereafter liable for payment of all or any portion of the indebtedness evidenced by this Revenue Anticipation Note) severally waive demand, presentment, notice of dishonor, protest, notice of protest, and diligence in collecting this Revenue Anticipation Note and diligence in bringing and prosecuting suit against any party bound hereby, and agree that no extension, renewal or partial payment, or release or substitution of collateral before or after maturity, with or without notice, shall release or discharge the obligation of any party. Upon the failure to pay when due the principal and or interest, the holder hereof shall be entitled, at its option, to extend the term or declare the unpaid principal balance of this Revenue Anticipation Note to be immediately due and payable. A failure by such holder to exercise such option will not constitute a waiver of the right to exercise the same in the event of any subsequent default. After maturity (whether by extension, acceleration or otherwise), interest shall accrue hereon at a rate of interest of ten percent (10 %) per annum. If this Promissory Note is placed with an attorney for collection upon any default, or to defend or enforce any rights of the holder(s) hereunder or any instrument securing payment of this Revenue Anticipation Note, or if this Revenue Anticipation Note is collected through bankruptcy or other judicial proceeding, the Borrower agrees to pay the reasonable attorney fees of the holder(s) of this Revenue Anticipation Note and all reasonable costs and expenses incurred in connection therewith. ATTEST: Sherry Bishop, Secretary Delivery receipted this 6th day of October, 2015. ATTEST: Sherry Bishop, City Clerk 2 OWASSO PUBLIC WORKS AUTHORITY an Oklahoma Public Trust In Jeri Moberly, Chair CITY OF OWASSO, OKLAHOMA M Jeri Moberly, Mayor LOAN AGREEMENT THIS LOAN AGREEMENT (the "Agreement ") made and entered into as of the 61h day of October, 2015, is by and between the Owasso Public Works Authority, an Oklahoma public trust, (the "Authority "), and the City of Owasso, Oklahoma, an Oklahoma Municipal Corporation (the "City "). W ITN ESS Ef H: WHEREAS, the City has determined to make a loan to the Authority, aggregating $330,000.00 to be evidenced by the Authority's Revenue Anticipation Note payable to the order of the City in the original principal amount not to exceed $330,000.00, (the "Note ") to enable the Authority, pursuant to certain of its approvals, to finance the purchase of Owasso Police Vehicles and Equipment. WHEREAS, pursuant to the terms and conditions hereinafter set forth, the City is willing to make such loan to be evidenced by the Note; and WHEREAS, the payment of the Note is to be made from the general revenues of the Authority, receipts and receivables, under the conditions as set forth hereinafter. NOW, THEREFORE, in consideration of the mutual agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I THE AUTHORITY NOTES 1.1 The City's Commitment. The City agrees, subject to the terms and conditions of this Agreement, to make the loan to the Authority in the amount not to exceed $330,000.00. 1.2 Issuance of the Authority Note. Subject to the terms and conditions hereof and in reliance on the representations and covenants made herein, the Authority agrees to issue the Note to the City. The loan shall be repaid with interest in accordance with the terms of the Note. The Note shall be delivered to the City at a closing (the "Closing ") which will occur at such time and place as may be agreed on by the Authority and the City. Upon the issuance and delivery of the Note, and the satisfaction of all the conditions precedent of this Agreement, the City shall, upon receipt and approval of requisitions therefor, advance the proceeds of the loan to the Authority to purchase the Owasso Police Vehicles and Equipment. 1.3 Terms of the Note. The Note shall be in substantially the form set forth in Exhibit A attached hereto. Interest shall accrue, be payable and subject to adjustment, as provided for in the Note on the outstanding and unpaid principal balance thereon from the date of first advance thereon until payment in full thereof as set forth and provided therein. 1.4 Payments etc. Payment of principal and interest on the Note and other charges under this Agreement to be made to the City shall be made in lawful money of the United States of America, and shall be made at City's principal office in Owasso, Oklahoma, not later than 11:00 o'clock a.m. on the date due. If any such payment falls on a Saturday, Sunday or public holiday at the place of payment thereof, then such due date shall be extended on the next succeeding full business day at such place and interest shall be payable in respect of such extension. ARTICLE II CONDITIONS PRECEDENT 2.1 Conditions. The obligations of the City to make the loan pursuant to this Agreement are subject to there being no Event of Default hereunder or an event which with notice or lapse of time would become an Event of Default hereunder and the City having received in form and substance satisfactory to it: (a) A duly certified copy of the resolutions of the Authority authorizing execution and delivery of this Agreement, and related instruments, and the issuance, execution and delivery of the Note; (b) Original duly executed counterparts of this Agreement, (c) Such certificates, documents and certificates respecting the Authority, as City counsel shall reasonably require; (d) Such opinions of counsel for the Authority, as City counsel shall reasonably require; (e) A detailed description and cost breakdown analysis of the Project (the "Breakdown ") and all amendments thereto, all for approval by City; and (f) Such other and further materials and /or information as the City may reasonably request. ARTICLE III SPECIAL OBLIGATION; PLEDGE; SATISFACTION 3.1 Special Obligation. The Note shall constitute a limited and special obligation of the Authority. The principal of and interest on the Note shall be payable by the Authority solely from, and shall be enforceable only out of the revenues of the Authority being hereby pledged by the Authority to such payment. The Note and all other obligations of the Authority hereunder shall not be construed or considered to be an indebtedness of the City of Owasso, Oklahoma, or any municipality, county or political subdivision of the State of Oklahoma within the meaning of any constitutional or statutory provision of the State of Oklahoma, under any circumstances. 3.2 Satisfaction of Debt. Notwithstanding anything to the contrary contained herein or in the Note, or in any instrument or document executed by or on behalf of the Authority in connection herewith, no stipulation, covenant, agreement or obligation contained herein or therein shall be deemed or construed to be a stipulation, covenant, agreement or obligation of any present or future member, trustee, officer, employee or agent or any successor to the Authority, in any such person's individual capacity, and no such person, in his individual capacity, shall be liable personally for any breach or non - observance of or for any failure to perform, fulfill or comply with any such stipulations, covenants, agreements, or interest on the Note or for any claim based thereon or on any such stipulation, covenant, agreement or obligation, against such person, in his individual capacity, either directly or through the Authority or any successor to the Authority, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such person, in his individual capacity is hereby expressly waived and released. The Authority and the City expressly recognize and agree that this Agreement, the Note and any documentation issued, executed and delivered therewith, are subordinate and junior to all Revenue Bond obligations or Promissory Notes of the Authority currently outstanding or to be issued in the future. ARTICLE IV COVENANTS OF THE AUTHORITY The Authority hereby agrees with the City that, so long as the Note remains outstanding: 4.1 Performance of Agreements. The Authority shall take all action and do all things which it is authorized by law to take and do in order to perform and observe all covenants and agreements on its part to be performed and observed under this Agreement and the Note and in order to provide for and to assure payment of the principal of the Note and interest thereon when due. 4.2 Creation of Charges on Revenues. Left blank intentionally. 43 Amendment. The Authority shall not alter, amend or repeal the resolutions described in Section 2.1 (a) hereof, or, without the prior written consent of the City, agree to any alteration or amendment of any of the instruments described in Sections 2.1 (b) and 2.1 (c) hereof, or take any action impairing any authority, right or benefit given or conferred by such resolution or instruments. 4.4 Payment. The Authority shall pay or cause to be paid the principal of and the interest on the Note as the some becomes due, whether by acceleration or otherwise, but solely from the sources referred to in Article III hereof. 4.5 Representations and Warranties of Authority. The Authority represents and warrants to the City as follows: (a) The Authority is an Oklahoma public trust duly organized, validly existing and in good standing under the laws of the State of Oklahoma and all other states in which it is necessary that the Authority be qualified to do business. (b) The Authority and the Owasso City Council have taken all necessary actions to authorize entering into this Agreement and to authorize the execution and delivery of the Note, and the other documents contemplated hereby. (c) The execution and delivery of this Agreement and, the Note, will not cause, constitute or result in a breach of any agreement, contract or other undertaking to which the Authority is a party. (d) The Authority shall deliver to the City copies, certified by the Authority's Secretary, of all resolutions and actions undertaken by the Authority or the Owasso City Council to authorize this transaction. (e) The Authority shall maintain its existence in Oklahoma. 3 M The Authority shall deliver to the City, within one week after they are prepared, copies of the Authority's quarterly financial statements. ARTICLE V DEFAULT AND REMEDIES 5.1 Events of Default. Any one or more of the following shall constitute and "Event of Default" hereunder; (a) Nonpayment when due of interest and principal in accordance with the terms of the Note; or (b) The attachment of any involuntary lien in the sum of $25,000 or more, of any kind or character, upon the Revenues, or any portion thereof, except for taxes due but not in default and liens being contested in such a manner as to prevent execution on the Property; or (c) The entry against the Authority of any judgment in an amount of $25,000 or more on a claim not covered by insurance which is not discharged within thirty (30) days of such judgment becoming a final judgment; or (d) If the Authority shall apply for or consent to the appointment of a receiver, a trustee or liquidator of themselves or itself, or of all or a substantial part of its assets, or (ii) file a petition or answer seeking reorganization or admit (by answer, default or otherwise) the material allegations of a petition filed against them in any reorganization proceeding; or (e) If the Authority shall (i) become insolvent, generally fail to pay, or admit in writing its inability to pay its respective debts as they fall due, (ii) make a general assignment for the benefit of its creditors, (iii) be adjudicated as bankrupt or insolvent, or (iv) file a voluntary petition in bankruptcy or file a petition or answer seeking an arrangement with creditors or to take advantage of any insolvency laws or admit (by answer, default or otherwise) the material allegations of a petition filed against it in any bankruptcy, arrangement or insolvency proceeding, or take or omit to take any action for the purpose or with the result of effecting any of the foregoing; or (f) If the petition in bankruptcy is filed against the Authority and is not dismissed within thirty (30) days, or if an order, judgment or decree by any court of competent jurisdiction shall be entered, adjudicating the Authority to be bankrupt or insolvent, without the application, approval or consent of the Authority or if the Authority shall seek or consent to or fail to timely contest of any order, judgment or decree appointing a custodian of all or a substantial part of its assets, or if the Authority shall seek or consent to, or fail to timely contest any order, judgment or decree approving a petition seeking reorganization or appointing a receiver, trustee or other custodian or liquidator of all or a substantial part of its assets; or (g) Left blank intentionally; or (h) The breach of, or default under, any covenant, agreement, term, condition, provision, representation or warranty contained in this Agreement, the Note, not specifically referred to in this Section, if such breach or default is not cured within thirty (30) days of the occurrence thereof; or (i) In any event of default shall occur and shall continue for more than the period of grace, if any, provided with respect thereto, under this Agreement; or (j) The Project cannot be completed in accordance with the plans and specifications approved by the City with the funds remaining to be advanced on the Note. 5.2 Remedies of Default. Whenever any Event of Default referred to in Section 5.1 hereof shall have occurred, the City may take any one or more of the following remedial steps: (a) Declare all amounts payable hereunder and pursuant to the Note or any renewal thereof, to be immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind whatsoever, whereupon the same, together with the accrued interest thereon, shall become immediately due and payable; or (b) Left blank intentionally; or (c) Take whatever action at law or in equity may appear necessary or desirable to collect the amount then due and thereafter to become due, or to enforce performance or observance of any obligations, agreements, covenants of the Authority under the Note, this Agreement, or otherwise. ARTICLE VI MISCELLANEOUS 6.1 Defeasance. If the Authority shall pay or cause to be paid or otherwise provide for, or there shall otherwise be paid or provided for, the principal and the interest on the Note and all other amounts payable by the Authority at the times and in the manner stipulated in this Agreement or the Note, then all covenants, agreements and other obligations of the Authority hereunder shall thereupon terminate and be discharged and satisfied. 6.2 Waivers. etc. No failure on the part of the City to exercise and no delay in exercising, and no course of dealing with respect to, any right under this Agreement, or any other agreement or instrument referred to in this Agreement, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein and therein provided are cumulative and not exclusive of any remedies provided by law. 6.3 Successors. etc This Agreement shall be binding upon and inure to the benefit of the parties hereto and any subsequent holder of the Note and its successors and assigns. 6.4 Governing Law, This Agreement shall be construed in accordance with, and governed by the laws of the State of Oklahoma. 6.5 Amendments. This Agreement may not be amended, modified, or waived except with the written consent of the parties hereto. 6.6 Notices. All requests and notices under the Agreement shall be hand delivered or sent by United States Mail, postage prepaid, addressed as follows, except that either party may be written 5 notice change of address, its counsel or its counsel's address for subsequent notices to be given hereunder: Authority Owasso Public Works Authority 111 N. Main Owasso, Oklahoma 74055 Attention: Jeri Moberly, Chair With a copy to: Julie Lombardi Authority Attorney 111 N. Main Owasso, Oklahoma 74055 City City of Owasso 111 N. Main Owasso, Oklahoma 74055 Attn: Jeri Moberly, Mayor With a copy to: Julie Lombardi City Attorney 111 N. Main Owasso, Oklahoma 74055 Notice given hereunder shall be deemed given upon receipt by the principal addressee. 6.8 Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6.9 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the some instrument. 0 ATTEST: Sherry Bishop, Secretary (SEAL) ATTEST: M Sherry Bishop, City Clerk Owasso Public Works Authority L-N Jeri Moberly, Chair "Authority" City of Owasso, Oklahoma M Jeri Moberly, Mayor Loan Amortization Loan Information Loan Amount Annual Interest Rate Term of Loan in Years First Payment Date Payment Frequency Compound Period Payment Type Exhibit A Page 1 of 1 :hedule Annual Payment 169,966.34 Amortization Schedule F41 Rounding on Summary 330,000.00 ( Rate (per period) 2.000% 2.00% Number of Payments 2 Total Payments 339,932.67 1- Nov -161 `_Annual; Total Interest 9,932.67 Est. Interest Savings 0.00 Annual'! End of Period! Annual Payment 169,966.34 Amortization Schedule F41 Rounding on The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry White Support Services Director SUBJECT: Upgrade of City Radio System DATE: October 2, 2015 BACKGROUND The City of Owasso's radio equipment has been in place since its rebanding initiative in 2006. Last year, Motorola issued a Letter of Intent announcing that this equipment will no longer be supported after the calendar year 2017. The City's radio equipment also will not communicate with tower sites being converted to Project 25 status. The Project 25 initiative is being undertaken by most local and state agencies. The upgrade of the City Radio System was recommended to the Capital Improvements Committee during February, 2015. On April 21, 2015, a Public Hearing was held during the City Council Meeting for the purpose of receiving citizen input relating to this radio equipment upgrade as part of the Capital Improvement Projects eligible for funding from the third penny sales tax. On May 5, 2015, the City Council approved Resolution 2015 -09 amending the Capital Improvements Project list to include Radio Systems Upgrades. The Western States Contracting Alliance (WSCA) state contract bid price for the upgrade of the City radio system will be $3,265,062.00. Motorola has offered some price discount incentives to the City. These discounts will be $296,291.00 below the WSCA state contract bid price for this radio equipment resulting in an upgrade price of $2,968,771.00. These incentives will require delivery of the new radio equipment to the City of Owasso by December 31, 2015. In order to accomplish delivery by this deadline, a purchase contract with Motorola will need to be executed by October 15, 2015. When the City radio system is upgraded, new network operating systems and firmware will require periodic updates and maintenance. If the City elects to execute the P25 Upgrade Project Contract with milestone payments (set forth in the second page of the Price Summary of the P25 Upgrade Project Contract) for the upgrade of the City radio system, Motorola will include the first 5 years of a 10 -year upgrade and maintenance contract in the discounted cost of the radio system upgrade. This will provide a savings of $137,807.67. Years 6 through 10 of the 10 -year upgrade and maintenance contract will cost $149,563.38. This is a savings of $14,791.97 over the regular contract price. In order to secure these savings for Years 6 through 10 (2022 - 2026), the cost for these years will be included in the contract. The cost of these last 5 years brings the contract total to $3,118,334.37. SCOPE OF WORK: The proposed upgrade of radio equipment to Project 25 standards will include replacement of all tower -based equipment base stations, routers, switches, controllers, and transmission lines. At the Dispatch facility the upgrade will require replacement of all the consolette workstations, along with associated microphones and speakers. The upgrade will also include the replacement of all mobile and handheld subscriber units totaling approximately 365 radios. EXPLANATION OF PROJECT 25 AND INTEROPERABILITY: Project 25 (P25) is a user driven set of system standards that define digital radio communications system architectures capable of serving the needs of Public Safety and Government organizations. This set of standards is the result of the joint efforts of the Association of Public Safety Communications Officials International (APCO), the National Association of State of Telecommunications Directors (NASTD), selected Federal Agencies and the National Communications System (NCS), and standardized under the Telecommunications Industry Association (TIA). Project 25 is a collaborative effort by public safety agencies and manufacturers to address the issue with emergency communication systems which have radio systems which are incompatible and inoperable within a jurisdiction and within departments within the same community. It is a project to insure that two -way radios are interoperable within the same frequency band. (Interoperability is defined as the capability of two unassociated entities operating within the some frequency band to communicate and interact with each other.) The goal of Project 25 is to enable public safety responders to communicate with each other achieving enhanced coordination, timely response, and efficient and effective use of communications equipment. One of the most serious problems during disaster events is poor communication due to lack of appropriate and efficient means to collect, process and transmit important and timely information. FUNDING Funding will be required through the City's Capital Improvements Program. RECOMMENDATION: Staff recommends approval by Council of the P25 Upgrade Project Contract with Motorola and authorization for the City Manager to sign all contract documents. ATTACHMENT: Summary of P25 Upgrade Project Contract MOTOROLA Motorola Solutions, Inc. 1507 LBJ Freeway, Suite 700 �,.. Farmers Branch, TX. 75234 USA September 15, 2015 Larry White Director of Support Services City of Owasso, Ok P.O. Box 180 Owasso, OK 74055 RE: P25 Upgrade Project Dear Mr. White: Pursuant to your agency's request Motorola Solutions, Inc., by and through its Government and Enterprise Mobility Solutions business ( "Motorola "), submits its.proposal for the P25 Upgrade Project for the City of Owasso, OK. The proposed system includes a new ten (10) Channel ASR site to be installed at the existing location. Additionally it includes three (3) MCC 7500 wire line dispatch console positions in your existing dispatch centers as well as a complete replacement and upgrade of your subscriber fleet. The system will be integrated to the existing OKWIN Public Safety wide area network. Since the City of Owasso is a member state of the Western States Contracting Alliance ( "WSCA "), this proposal is subject to the terms and conditions of the WSCA contract with Motorola (WSCA Contract Number 02702) and the attached Communications System Agreement, The Contract Price includes the administrative fee to be paid to WSCA and the State of Oklahoma. Upon Final Project Acceptance, the parties will review all change orders to verify whether the purchase price has changed during the implementation of the system, and if so, whether additional administrative fees (or credits) are owed to Motorola. Pricing is valid for through September 25, 2015. The City of Owasso may accept the proposal by delivering to Motorola by signing and returning the enclosed Communications Systems Agreement as well an associated Purchase Order for the contact amount. Any questions concerning this proposal may be directed to Chris Howard, Motorola Account Manager @ 972.322.4552. Motorola appreciates your interest in our systems and equipment. We look forward to continuing our long term business relationship with the City of Owasso. Sincerely yours, MOTOROLA SOLUTIONS, INC. Edward Fuerst Motorola Solutions Sales and Services, Inc., Vice President North America Government Markets SECTION 1 1.1 INTRODUCTION City of Owasso, Oklahoma currently operates on eight- channel 800MHz analog trunking system, which is connected to the Oklahoma Wireless Infrastructure Network ( OKWIN) ASTROO25 7.14 Core, to provide radio communications throughout the city for their Public Safety and Public Works agencies. The City of Owasso is looking to upgrade their current system to a 800MI3z trunking ASTRO Site Repeater radio system and replace their Gold Elite consoles with Motorola's new IP- based MCC 7500 consoles. Motorola Solutions (hereinafter referred to as Motorola) is pleased to offer our ASTR0025 (Project 25) IP ASTRO Site Repeater trunked radio system to meet the City of Owasso's public safety communication needs and be an integral component in the City's vision for a streamlined, unified communications infrastructure. Motorola's overall solution will utilize the ASTRO *25 technology platform that is currently in place at the OKWIN Core. This platform is an IP- based, APCO Project (P25) compliant, digital trucked radio system that provides advanced features and expandability. Motorola's standards -based solution contains components which support and enhance the operation of all the other subsystems. This platform supports the operation of conventional radio, trunked radio, dispatch console operation, and Integrated Voice and Data (IV &D). The proposed system will provide the City of Owasso with a single -site, ten - channel, 800 MHz, digital trunking, ASTRO Site Repeater (ASR) for RF communication and leverage the current / partnership the City has with the OKWIN Core. This design proposes taking Owasso's existing `. Repeater site and migrate them to Motorola's GTR 8000 Expandable Site Subsystem (ESS) base station platform. The existing eight QUANTAR base stations will be replaced with two ESS racks, each containing five new GTR 8000 base stations for P25 digital communications. The proposed design will also provide a new antenna system, which includes new antennas, TTA, and transmission line for the both transmit and receive systems. The new system will provide radio coverage to portables operating at belt level with remote speaker microphones and mobiles throughout the City of Owasso as well as the latest system features in Motorola system portfolio. This proposal also includes three new IP -based MCC 7500 consoles. The three console positions will be located at the dispatch center located at the Owasso City Hall. These new consoles include the latest workstations and hardware Motorola has to offer, as well as the latest software such as Windows 7, MCC 7500 Console, call logging and anti-virus for a 7.14 system. New APX 7500 consolettes have been included to replace the City's current XTL 5000 consolette backup control stations. Eight new APX 7500 consolettes have been included for RE backup control. The consolettes will be connected via conventional gateways to the dispatch site LAN switch for operation with the MCC 7500 console positions. The consolettes will use the existing control station combiner and antenna system. The design also includes a single Network Manager (NM) Client and Console Alias Manager for system, console, and radio management. Motorola has included the following network management licenses: Unified Event Manager (UEM), Provisioning Manager (PM), Radio Control Manager (RCM), Zonewatch, and other System Report applications. City of Owasso, Oklahoma 900MHz P25 System Upgrade ® Motorola Solutions Confidential Restricted September 15, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description 1 -1 .I l The proposed design includes Motorola's Unified Network Services (UNS) platform for the included data applications. Motorola UNS platform also supports ASTRCP25 features such as Over the Air Programming (OTAP), Over the Air Rekeying (OTAR) for encryption management, and Automatic Vehicle Location (AVL) /GPS. The UNS feature includes location /GPS licenses for up to 500 subscribers units and a presence license for up to 1000 subscriber units. Also included is the UNS application interface software for third party companies to the interface with the ASTROO25 IV &D network. The proposed solution also includes Motorola's Intelligent Data Portal (IDP) application which will provide the GPS Mapping application while utilizing the City, provided GIS Map data. The proposed solution includes new APX subscribers. The APX Series radio is Motorola's next generation P25 radio designed specifically for mission critical law enforcement, firefighters, and emergency medical personnel. APX Series digital radios are full featured and functional tools for public safety and public works professionals. This proposal includes 115 APX 6500 mobile radios, 90 APX 6000 portable radios, 45 APX 6000XE portable radios, 70 APX 4500 mobile radios, 45 APX 4000 portable radios, and eight APX 7500 consolettes for fallback operation Per the request of the City of Owasso, Motorola has included an additional Mutual Aid Antenna line and services to install the antenna and transmission line. Motorola has also included services in reference to the proposed communication systems and related frequencies in the 800 MHz bands governed by Part 90 of the FCC's CFR 47, Part 80 to End. A detailed description of the included services is mentioned in the Statement of Work section of this proposal. 1.2 INFRASTRUCTURE SYSTEM OVERVIEW The proposed system is a ten - channel ASTRO025 Repeater Site, which also includes is a single dispatch center consisting of three MCC 7500 operator positions. Please see Figure 1 -1 for the system diagram overview of the proposed system infrastructure. City of Owasso, Oklahoma 600MHz P25 System Upgrade ® Motorola Solutions Confidential Restricted Figure 1 -1: City of Owasso system Overview September 15, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. '- System Description 1 -2- SECTION 1 - PRICING SUMMARY 1.1 CITY OF OWASSO SYSTEM PRICING 1 ASTRO 25 GTR RF Site, 10 channel $399;824.00 1 Systems Integration Services and Support (includes FCC Licensing Prep and Coordination,) $180,167.00 ASR Site Total $579,991.00 MCC7500 Consoles 1 MCC7500 Dispatch Consoles, 3 operators, 8 backup APX Control Stations, Network Equipment Console Alias Database Manager Network Manager Terminal Client OTAP & OTAR Programming $521,210.00 1 Systems Integration Services and Support Extreme Switches and Services $240,422.00 MCC7500 Dispatch Console Total $761,632.00 Subscribers (135) APX6000 Portabies (45 Yellow, 90 Black) (115) APX6500 05 Mobiles Includes (4) with 03 head (45) APX4000 Portables Model 2 (70) APX4500 02 Mobiles 5 year Warranty $1,743,083.00 All accessories and spare batteries(FM for all APX6000) $52,014.00 Includes Server, IDP portal, Licenses Install and Programming $128,342.00 System Total $3,265,062.00 Trade In incentive (For contract /p.o. by 10.21.15) Shipment by 1229:15 $295,231.00; System total with All Credits 5 yearSUAII for2017 �b2.1 ($137,807.67 value) M$2,968,771.00 System Total SUAII for 2022 -2026 annually 2022 $28,739.86 2023 $29,314.65 2024 $29,900.95 2025 $30,498.97 2026 $31,108.95 Contract Total including 10 year SUA -- -- $3;118,334.37 City of Owasso, Oklahoma September 15, 2015 SOOMHz P25 System Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted -. Pricfng Summary 1 -1 1.2 PAYMENT 1.2.1 Payment Terms Subscriber equipment will be billed separately upon shipment to customer designated f ship -to ' location. Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. $1:;385 97 0'0 Shipment of Subs (ship on 12131) - Payment terms net 30 so due �rn,ysu° 5e /W of contract upon completion of Design RevieW $473,638 30% . of contract upon receipt of FNE - Payment terms $315,759 20% of contract upon completion of subscribers programming and install $315,759 20% of contract upon completion of ASR $236,819 150/6 of contract upon completion of consoles $157,879 10% of contract upon final completion Yrs 6-10 2022 2023 2024 2025 2026 City of OWasso, Oklahoma 800MHz P25 System Upgrade ® Motorola Solutions Confidential Restricted in advance of services $29,315.00 $30,499.00 $31,109.00 September 15, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Pricing Summary 1 -2 SECTION 7 ITI Terms and Conditions are included on the following pages. City of Owasso, Oklahoma 80OMHz P25 System Upgrade ® Motorola Solutions Confidential Restricted September 15, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Terms and Conditions. 7 -1 Supplemental WSCA Terms and Conditions for Communications System Transactions INTRODUCTION: These Supplemental WSCA Terms and Conditions for Communications System Transactions dated 9.15.15 (the "Supplemental WSCA Terms and Conditions ") apply to a system sale transaction where the Customer (as a "Purchasing Entity") uses the Motorola -WSCA contract #02702, as amended to date (the "WSCA Contract "), which states in pertinent part: SYSTEM SALES: If a Purchasing Entity intends to purchase a system using pricing from the WSCA contract, Motorola will prepare a proposal that includes the technical, contractual, and implementation documents that are appropriate for that system. Any system sale will be subject to the specifications of the technical and implementation documents and to the terms of the communications system agreement and its exhibits or other applicable contract documents. AGREEMENT: Motorola Solutions, Inc., formerly Motorola, Inc. ( "Motorola ") and City of Owasso, Oklahoma( "Customer") agree that these Supplemental WSCA Terms and Conditions apply to this System sale transaction in addition to the other terms and conditions set forth in the WSCA Contract. If and to the extent the provisions in these Supplemental WSCA Terms and Conditions conflict with those in the WSCA Contract, these supplemental provisions prevail. Motorola and Customer further agree as follows: 1. PURCHASE ORDER. Customer's purchase order will reference not only the Motorola -WSCA Contract #02702 but also these Supplemental WSCA Terms and Conditions dated 9.15,15 and the Motorola proposal dated 9.15.15 (the "Motorola Proposal "). The Motorola Proposal contains the following exhibits, as applicable: Exhibit A "Payment Schedule" Exhibit B 'Technical and Implementation Documents ", including the "System Description ", "Equipment List ", "Statement of Work ", "Acceptance Test Plan" or "ATP ", and "Performance Schedule ". Exhibit C Service Statement(s) of Work and "Service Terms and Conditions" If the Parties agree to a Payment Schedule or Technical and Implementation Documents that are different from those contained in the Motorola Proposal, they are attached to these Supplemental WSCA Terms and Conditions. 2. DEFINITIONS. Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan. 2.2. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.3. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine- recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any obligation_ restricting disclosure; is independently developed by the receiving party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. (' 2.4. "Contract Price" means the price for the System, excluding applicable sales or similar taxes, Supplemental WSCA Tenns and Conditions for Communications System Transactions, mwa, 723,2015 - -1 Motorola Contract No. 2.5. "Equipment" means the equipment that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. 2.6. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.7. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know -how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.8. "Software" means the Motorola Software and Non - Motorola Software, in object code format that is furnished with the System or Equipment. 2.9. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in the Technical and Implementation Documents. 2.10. "System Acceptance" means the Acceptance Tests have been successfully completed, 2.11. "Warranty Period" relating to the Equipment and Software means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. 3. SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and both Parties will perform their contractual responsibilities all in accordance with the WSCA Contract and these Supplemental WSCA Terms and Conditions. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. MAINTENANCE SERVICE. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance services for the Equipment and support for the Motorola Software pursuant its standard practices (e.g., 8 x 5, Monday - Friday), terms and conditions for such services and support. Those services and support are included in the Contract Price. If Customer wishes to purchase . additional maintenance and support services for the Equipment during or after the Warranty Period, the description of and pricing for the services will be set forth in a separate document. If Customer wishes to purchase extended support for the Motorola Software after the Warranty Period, it may do so by ordering software subscription, upgrade or maintenance services. Unless otherwise agreed by the parties in writing, the terms and conditions applicable to those services will be Motorola's standard Service Terms and Conditions (a copy of which will be provided upon request), together with the appropriate statements of work. 4. PERFORMANCE SCHEDULE. The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Supplemental WSCA Terms and Conditions for Communications System Transactions, mwa, 7.23.2015 Motorola Contract No. 5. CONTRACT PRICE, PAYMENT AND INVOICING % 5.1. CONTRACT PRICE, The Contract Price in U.S. dollars is stated in the Motorola Proposal. The Contract Price for the Equipment, Software and Services comprising the System is consistent with WSCA Contract pricing to the maximum extent possible, less an additional "System Discount." 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule. Consistent with the WSCA Contract, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. The Federal Tax Identification Number for Motorola Solutions, Inc. is 36-1115800. 5.3. FREIGHT, TITLE, AND RISK OF LOSS. Consistent with the WSCA Contract, title and risk of loss to the Equipment will pass to Customer upon delivery. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices. 6. SITES AND SITE CONDITIONS 61. ACCESS TO SITES. Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the work sites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance,with the Performance Schedule and Statement of Work. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non - conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. 7. SYSTEM ACCEPTANCE 7.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan, 7.2, SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be Supplemental WSCA Terms and Conditions for Communications System Transactions, mwa, 7.23.2015 - 3 Motorola Contract No. - deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 7.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld.. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 7.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate, 8. DELAYS 8.1. FORCE MAJEURE. Neither Party will be liable for its non - performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 82 PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; { suspending and re- mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. 9. DISPUTES. The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute "). 9.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed. 9.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ( "Notice of Dispute "). The Parties will attempt to resolve the Dispute promptly through good faith negotiations. If the Dispute has not been resolved within thirty (30) days from the Notice of Dispute, the Parties will proceed to mediation. 9.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party ("Notice of Mediation "). Neither Parry may unreasonably withhold consent to the selection of a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be . represented at the mediation by a business executive with authority to settle the Dispute. 9.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 9.5. CONFIDENTIALITY. All communications pursuant to subsections 9.2 and 9.3 will be treated as C compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will Supplemental WSCA Terms and Conditions for Communications System Transactions, mwa, 7.23.2015 4 Motorola Contract No. not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. 10. DEFAULT AND TERMINATION 10.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non - performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non- performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or,. if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. 10.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 10.1, unless otherwise agreed in writing, the non - defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non- defaulting Party any of its Confidential Information. If Customer is the non - defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. 11. INDEMNIFICATION AND INSURANCE 11.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by 1 the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. 11.2. INSURANCE. Motorola maintains insurance coverage that its Insurance Department, in conjunction with its internal and external advisors and brokers, deem adequate to protect Motorola. Upon request, Motorola will provide to Customer a Certificate of Insurance on the standard Acord 25 form and will list Customer as an additional insured. 12. LIMITATION OF LIABILITY. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR .DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Supplemental WSCA Terms and Conditions for Communications System Transactions, mwa, 7.23.2015 Motorola Contract No. 13. CONFIDENTIALITY AND PROPRIETARY RIGHTS 13.1. CONFIDENTIAL INFORMATION. During the term of this transaction, the Parties may provide each other with Confidential Information. Each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third parry, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. 13.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non- Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. 14. GENERAL 14.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law 14.2 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 14.3. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 14.4. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 14.5. ENTIRE AGREEMENT. This Agreement, comprised of these Supplemental WSCA Terms and Conditions, the Motorola Proposal, the WSCA Contract, and the Customer's purchase order, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject 1 matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase Supplemental WSCA Terms and Conditions for Communications System Transactions, mwa, 7.23.2015 Motorola Contract No. __ order, acknowledgment or other form will not be considered an amendment or modification of this i Agreement, even if a representative of each Party signs that document. 14.6. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ("FCC ") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 14.7. SOFTWARE LICENSE AGREEMENT. Per the WSCA Contract, Motorola Software is licensed in accordance with Motorola's End -User Software License Agreement, a copy of the current standard form of which will be made available to Customer upon request. The Parties hereby enter into this Agreement as of the date first written above. Motorola Solutions, Inc. Customer By: By: Name: Name: Title: Title: Date: Date: i Supplemental WSCA Terms and Conditions for Communications System Transactions, mwa, 7.23.2015 7 Motorola Contract No. - ') Service Terms and Conditions \ -" Motorola Solutions, Inc. ( "Motorola ") and the customer named in this Agreement ( "Customer") hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4.. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 1 Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted) 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by transmission medium. Section 6 TIME AND PLACE OF SERVICE I Service will be provided at the location specified in this Agreement. " When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m, to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. At the end of the first year from the Effective Date and each year after, a CPI percentage change calculation shall be performed. Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase the current years and all future years Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted) - - - - - - - i" maintenance and/or SUA I andlor SUA ll prices by the consumer price increase ( "CPI ") increase amount j exceeding 3 %, The All Urban Consumers - -South Urban Consumer Price Index (Series ID CUUR0300SAO,CUUS0300SAO, All Items, Not seasonally adjusted with Base Period 1982- 1984 =100) shall be used as the measure of CPI for this price adjustment. The CPI percentage change calculation will take place once the annual average for each. new year has been posted by the Bureau of Labor Statistics. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULTITERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. l10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services, 10.3 TERMINATION FOR CONVENIENCE AND TERMINATION FEE. Customer may terminate for its convenience this Agreement in whole or part. To exercise this right, Customer must provide to Motorola formal written notice at least thirty (30) days in advance of the effective date of the termination. The notice must explicitly state the effective date of the termination and whether the contract termination is in whole or in part, and if in part, which part is being terminated. If Customer exercises this right to terminate for convenience, it will be liable to pay Motorola for services performed and Software and/or Equipment delivered up to the date of termination and the following termination fees. If a major upgrade has been delivered in the first year of the two year SUA II cycle, then the customer is responsible for full payment of year one SUA II and 100% of year two SUA II. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL. DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated ( by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except Service Terms and Conditions. Rev IA2.12.doc (CSA formatted) for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes ail prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted) I Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business'), whether by way of a sale, establishment of a joint venture, spin -off or otherwise (each a "Separation Event "), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Service Terms and Conditlons. Rev 1.12.12.doc (CSA formatted) The City Wifiout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry D. White Support Services Director SUBJECT: Addendum No. 8 to Master Services Agreement E 9 -1 -1 Services DATE: October 2, 2015 BACKGROUND: In 2007, the Regional 9 -1 -1 Board (consisting of the cities of Claremore, Collinsville, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa, and Tulsa, the Town of Skiatook, and Rogers County) negotiated a Master Services Agreement between the Regional 9 -1 -1 Board (Customers) and the Southwestern Bell Telephone dba AT &T Oklahoma (AT &T Oklahoma) for a network hosted solution for E 9 -1 -1 services. In August, 2007, the City Council approved and the Mayor executed the Agreement for the City of Owasso. Addendum No. 7 to the Master Services Agreement, which was approved by the Owasso City Council on March 19, 2013, provided for the extension of the terms of the Master Service Agreement for one additional 1 -year period which automatically renewed on May 1, 2014 for another 1 -year period, subject to Customers' availability of funds and appropriations. This Addendum No. 8 to the Master Service Agreement extends the terms of the Master Service Agreement for three additional 1 -year periods which will automatically renew annually on May 1 for another three years, subject to Customers' availability of funds and appropriations. This Addendum further provides that AT &T Oklahoma will provide Airbus DS VESTA 4x equipment, compatible software, and services in Customers' 9 -1 -1 centers. The warranty provisions contained in the Master Service Agreement will remain in effect for the term of the Agreement. Addendums 1 through 7 inclusive of the Master Service Agreement shall remain in full force and effect. RECOMMENDATION: Staff recommends approval by Council of the Addendum and authorization for the Mayor to sign the Addendum for the City of Owasso. ATTACHMENT: Addendum No. 8 to Master Services Agreement ADDENDUM NO. 8 to the MASTER SERVICES AGREEMENT BETWEEN THE REGIONAL 9 -1 -1 BOARD THE CITIES OF BIXBY, CLAREMORE, COLLINSVILLE, GLENPOOL, JENKS, OWASSO, SAND SPRINGS, SAPULPA, SKIATOOK, AND TULSA, SOUTHWESTERN BELL TELEPHONE, d /b /a AT &T OKLAHOMA (AT &T Oklahoma) Extension of the Term of the Contract Installation of Equipment Notice The undersigned parties agree to extend the terms of the Master Service Agreement for 3 additional 1 -year period which will thereafter automatically renew on May 1, 2015 for another 3 -year period, subject to Customers' availability of funds and appropriations. The parties may extend the agreement thereafter for up to one 1 -year periods by mutual agreement reduced to writing, upon written notice at least 60 days prior to the end of the term. Equipment AT &T will provide Airbus DS VESTA 4x equipment, compatible software, and services in Customers' 9 -1 -1 centers. Payment Customers agree to pay for Hosted E9 -1 -1 service described herein at the price previously agreed to in Attachment 1 of the.Master Services Agreement. Positions in addition to those installed at the time of this addendum will be priced consistently with the per position rate agreed in this addendum. The scope of this addendum is limited to E9 -1 -1 call handling equipment; provisions in the Master Service Agreement relating to 911 network/s, 911 database service, or any other service are outside the scope of this addendum. Current T1 network pricing is based on a State Contract SW50450. If the State Contract expires without a renewal, rates will fall back to tariff rates. Any rate change will be reflected on the monthly billing. AT &T will work to provide term pricing if the State Contract-would not be renewed and /or provide alternative I network to replace the T1 network. Warranty /Maintenance The warranty /maintenance provisions contained in the Master Service Agreement remain in effect for the equipment during the term of this agreement without an escalation in prices. Notice Any notice or demand which may be given by the parties will be given in writing addressed to the respective parties as shown: CUSTOMERS Regional 9 -1 -1 Board c/o INCOG 2 W 2nd Suite 800 Tulsa, OK 74103 Attn: Narita Huckabee dhuckabee(c)-incoc org AT &T Southwestern Bell Telephone d /b /a/ AT &T Oklahoma 405 N. Broadway Room 710 -B Oklahoma City, OK 73102 Attn: Area Manager E9 -1 -1 Public Safety. This Addendum may be executed in parts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. In all respects other than specifically stated herein, the Master Service Agreement and Addenda 1 through 7 inclusive remain in full force and effect. APPROVED this day of , 2015. CITY OF BY:— (name) (title) ATTEST: (name) (title) (Seal) The Qty wit,- Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Renewal of Contract with Youth Services of Tulsa, Inc. for Management and Operation of the Owasso Youth Court DATE: October 2, 2015 BACKGROUND: The City of Owasso began contracting with Youth Services, Inc., in 2008 for implementation and operation of the Owasso Youth Court and the City Council has approved annual renewals of the contract since that time. The current contract expired on September 30, 2015. The contract provides that Youth Services will employ its specialized knowledge, skill and experience with trained personnel to administer and oversee a youth court in Owasso. Fulfillment of this goal requires recruitment and training by Youth Services of both attorney advisors and teen volunteers within the Owasso community. In addition, Youth Services employs a full -time coordinator based in Owasso to manage the Youth Court and provides counseling services as needed and used by both the Municipal and Youth Courts. Youth Services assumes all responsibility for the Youth Court's scheduling, documentation and administrative operations and is required to work closely with the Owasso Municipal Court and related staff to effectuate these duties. From August 1, 2014, through August 31, 2015, approximately 103 youth were referred to the Owasso Youth Court for adjudication of their cases, and numerous referrals were made by the Municipal Court for counseling services. All but 11 of the youth referred successfully completed the Youth Court program. As in past years, numerous parents and teachers within the community have voiced their approval and appreciation for the program. The Youth Court currently has several attorney advisors and approximately 22 youth volunteers. All aspects of the Youth Court, including prosecution, defense and sentencing of the youth offenders, continue to be conducted solely by teen volunteers from Owasso who receive numerous hours of instruction and training prior to participation in court proceedings. Compensation for Youth Services in the proposed contract is $49,500 for 2015 -2016 which is payable in twelve equal monthly payments beginning on October 1, 2015. The proposed compensation is unchanged from the previous year. If renewed, the new contract will be deemed effective as of October 1, 2015, and will terminate on September 30, 2016. This item was included in the approved Fiscal Year 2016 budget. Based upon the Owasso Youth Court program's success and achievements in past years of operation, staff will recommend renewal of the contract for an additional year. RECOMMENDATION: Staff recommends City Council approval of the contract with Youth Services of Tulsa, Inc., in the amount of $49,500 for 2015 -2016, and further recommends authorization be given to the City Manager to execute the contract as well as any additional documentation required. ATTACHMENT: Proposed contract with Youth Services, Inc. for 2015 -2016 AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES OF TULSA, INC. FOR THE MANAGEMENT AND OPERATION OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City ") and Youth Services of Tulsa, Inc. (hereinafter referred to as "Youth Services ") agree as follows: The City determined in 2008 that there was a need to provide an alternative to prosecution for first time, non - violent and non - felony juvenile offenders who have committed offenses which would normally be heard in the City of Owasso's Municipal Court. The City recognizes that Youth Services has significant experience implementing and facilitating alternative venues known as Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable people having many years experience in this field who are able to operate a Youth Court. Based upon the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing of juveniles in the municipal court setting, and upon the expertise and ability of Youth Services to establish and operate youth courts, the City and Youth Services hereby agree to mutually execute a contract to continue funding and operation of a juvenile court program. The Owasso Youth Court will be conducted by youth peers who have successfully completed the mandatory training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be conducted by volunteer youth including prosecution, defense and sentencing. The terms of this Agreement shall be effective as of October 1, 2015, and shall expire on September 30, 2016. This Agreement shall not renew automatically. The City shall pay Youth Services forty -nine thousand, five hundred dollars ($49,500) as total compensation for operation of a Youth Court for one (1) year, including the employment of a full -time coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly payments. Youth Services shall employ personnel with the necessary degree of knowledge, experience, training and credentials to facilitate and operate the Youth Court, and shall at all times during the pendency of this Agreement employ at least one (1) person to serve as a full -time coordinator to supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City and Youth Services. As partial compensation for this Agreement, the City shall provide two (2) office spaces in the Old Central Building for the full -time coordinator of the Owasso Youth Court and a counselor. Youth Services shall fully train all youth peers who make application and are selected by Youth Services to participate as youth volunteers in the Youth Court program. Youth Services will work with the Owasso schools to recruit youth desiring to serve in the program and will be responsible for providing the required training before youth volunteers may serve in any official capacity within the program. Youth Services will also work with the City to obtain a list of attorneys who might be willing to serve as attorney advisors to the Youth Court program, and shall take all other actions necessary to ensure that each Youth Court session shall have an attorney advisor present. Youth Services shall be an independent contractor under this Agreement. This Agreement shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Youth Services or its officers, employees, contractors or representatives for any propose. Youth Services shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any employee (other than staff members of the City of Owasso) or other person for injuries from or connected with services performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (excluding death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officers, contractors, or their performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude only such liability actions as arise directly out of the sole negligence or willful misconduct of the City and in accordance with the terms, conditions and exceptions contained in the Governmental Tort Claims Act. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement Without limiting the City's right to indemnification, Youth Services and each of its contractors shall obtain no less than, or on terms more restrictive than, the following: General Liability Insurance covering all premises and activities, with an applicable limit of liability not less that One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired and non -owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's Compensation Insurance Coverage in compliance with the Worker's Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an Additional Insured on all required insurance policies. Youth Services shall also require its contractors to list the City as an Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in any activities under this Agreement. Youth Services and its contractors shall maintain the required insurance with insurers that carry a Best's "A" rating and which are licensed and admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain and maintain any required insurance shall not relieve Youth Services from any liability hereunder. Such coverage shall not be canceled or materially changed without giving the City at least thirty (30) days prior written notification thereof. This Agreement shall be subject to termination if Youth Services fails to keep, perform and observe all promises, covenants, conditions and agreements set forth in this Agreement. Any waiver of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the 2 same or of any other covenant, condition, tern or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping the City from enforcing the full provisions thereof. Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered by Youth Services. This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa County District Courts of Oklahoma. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. This document may be modified only by further written agreement. Any such modification shall not be effective unless and until executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. Executed the 6th day of October, 2015. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. CITY OF OWASSO: Warren Lehr City Manager Attest: Sherry Bishop City Clerk 3 YOUTH SERVICES: David C. Grewe Executive Director Approved as to Form: Julie Lombardi City Attorney 4 CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -18 A RESOLUTION EXPRESSING SUPPORT FOR THE CITIES UNITED EFFORTS TO IMPLEMENT SALES TAX FUNDING INITIATIVES IN THEIR UPCOMING ELECTIONS WHEREAS, Oklahoma is the only state where municipalities are almost entirely dependent upon sales tax for funding, and; WHEREAS, Diversification of municipal funding has proven to be challenging in Oklahoma and municipalities are struggling to fund services and projects desired by the citizenry, and; WHEREAS, The Cities United supports each city's efforts to give their voters the opportunity to determine the use of the sales tax, and; WHEREAS, These cities are seeking approval of voters to recapture an existing sales tax that is set to expire in 2016, providing funding for local projects and priorities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that Owasso declares support for the Cities United in their upcoming elections. APPROVED AND ADOPTED this 6th day of October, 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